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Home My WebLink About04-1925 JILL D. PURGERSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 04- /tlJ-5 C;ui.L'"T~ JAMES R. PURGERSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 JILL D. PURGERSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. JAMES R. PURGERSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days ofthe date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. 04- GI~i.CT~ : CIVIL ACTION - LAW : IN DIVORCE JILL D. PURGERSON, Plaintiff JAMES R. PURGERSON, Defendant COMPLAINT UNnER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Jill D. Purgerson, who currently resides at 422 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is James R. Purgerson, who currently resides at 413 Bluebird Drive, Russell, Greenup County, Kentucky 41169. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 3, 1990, in Shreveport, Louisiana. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since May 5, 2002. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Plaintiff is unable to support herself through appropriate employment. 13. Plaintiff lacks sufficient property and income to provide for her reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. Date WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiff's counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DIETTERRlCK & CONNELLY J/ -/ & -01 By: Jo A ey . tiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA J.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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. Date: Jj-/& -04 ()'rJO r:J J~erson, Plainti l ~( ~ ):J ~ 8 ~ ..0 ~ (J ~ 0 c:e . . fI) "- () Q ~ D , ~ Co C) I () '" 0 I c.::> ~ ~~ = -n .J:- { ~ w ~ -, :?;" ?~J~ ~ ~ ~ ;-:-- ;:-";'J -rr_r.~ c. c..) -i~,. l.... CJ c.l J [~~ ;'-- .:-::; t~J ~ --0 ;2F,~ ,-::. ::-:: -- LS j.,. I~" ~) '-.j "~f ~ ~: -L~ '\ ::;J <-... , N :< .. JILL D. PURGERSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO.: 04-1925 CIVIL TERM JAMES R. PURGERSON, Defendant CIVIL ACTION -. LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN : ss. AND NOW, this 19th day of May, 2004, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duIy sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, James R. Purgerson, on May 7, 2004, by certified mail number 7002 0860 0005 2680 4084, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this ;q:J 1 , COMMONWEALTH OF PENNSYLVANIA Notarial Seal . Jean L. Kosier. Notary Pubhc Derry ~., Da~phin County My Commission Expires Mar. 3. 2008 Member, pennsylvania A8S0d8Uon of Notaries () . -- c '- , c c ,-j s: .. ""T)i.'::,:J :; n-lrn Z:TJ -7'--- I' ~~ C - !,OCJ ': ~~~ ~ V (.; JILL D. PURGERSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1925 CIVIL TERM JAMES R. PURGERSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FOllMER NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her former name of Jill D. Walters and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S.A. ~ 704(a). DATED: 0 - ,~q -O~ " ~O o. (~lr/~cl'\J . Purgerson TO BE KNOWN AS D .lJtifftq Sworn to and subscribed b . h'j1'f~ld etore me t IS 0 ay o~ (j.J./1N2 ,2005. . ~ Q;Pb{~Q NOTARY BLIC I-.-~'.".- NOlarial Seal Glenda J. EbelSoIe. Notary Public CIly Of Harrisburg, Dauphin County L._~mission EXpires Oct. 21, 2006 "llember. Pennsylvania Association Of Notaries (.) ~fi - ~ \= ~ 'IJ-.o -t,.;. ~ o \) ~ J (1 r;;? ~~., <~'c~-, "'.', ~:~;> I, '\\ -'"'"" --, ..... ~ q, ~ 'a' ~-n '-- rn ~ c;; "'0 tJ I 'n L, ...- l.~C.., --;t--=\.1 ~ ~? ~f. ""'-;;: 0 ."-\ .r;' "<;::' .. ,~ -- o ~ I:). t ~ -....L. JILL D PURGERSON. Plaintiff . IN THE COURT OF COMMON PI "EAS : CllMBERLAND COUNTY. PENNSYLVANIA v. : NO. 04-1925 CIVIL TERM JAMES R. PURGERSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSEN1: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2004. 2. The marriage of the Plaintiff and Defend,mt is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry ofthe Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNnER &3301(c) OF THE DIVORCE CODE I. I consent to the entry of a fmal Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I \Ulderstand that I will not be divorced \Ultil 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 tllat the statements made above are hue and cotTee!. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to Wlsworn talsification to authorities. Date: ?-~/-=S- '~~K.g,u-J CIlUnes R. Purgerson. Defen an p ....., = = en L. r:- ~-- N --.J o oj ..... :r en ::J --oM -;JO ') I :~_:C) .:~~. ::ji:r~ "V w co =< JILL D. PURGERSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1925 CIVIL TERM JAMES R. PURGERSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 30, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and s,ervice of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !i3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. 1 verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: 1'J. f.p -0 c; WfJ0 (") r"o" "" = C~ c." ,- c-~ ,-- N C) -n ..... I-"-I rl1p.:;': -,-, rr: <jO ~ (1:; ].w - <;': Cl , "::C) } iT; ,--I ~P" :n .-<: . . '" RE(~EIVED OCT 1 !:J 2005 BY: JILL D. PURGERSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNA v. : NO. 04-1925 CIVIL TERM JAMES R. PURGERSON, Defendant : CIVIL ACTION - LA W : IN DIVORCE STIPULATION FOR THE ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER The Court having previously entered a Decree of Dissolution of Marriage herein which certain assets of the parties were apportioned, including assets which require entry of a Qualified Domestic Relations Order. This Order is intended to constitute a "Qualified Domestic Relations Order" within the meaning of Section 414(p) of the Internal Revenue Code of] 986, as amended (the "Code"), and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974 as amended ("'ERISA"). Pursuant to such laws, the Plan Administrator shall make a determination of the qualified status of this Order. SECTION I This Order shall apply to the American Funds, as the Plan Administrator, and 111 particular to "Growth Fund of America-A", Fund No.5, Account No. 64805774. SECTION II (]) The Plan Participant covered by this Order is: Name: SS#: Address: James R. Purgerson 438-72-3649 164 Deering Court Russell, KY 41169 05/02/1946 Date of Birth: ," c: T ') n f: rt ! " 'j '-.j t.. lJ L , -^.---,,--~-"~"> - --.----------- .<' (2) The Alternate Payee covered by this Order is: Name: Jill D. Purgerson S S#: 210-44- 7209 Address: 422 Brook Circle Mechanicsburg, P A 17050 Date of Birth: 11/10/1953 SECTION III (3) There is hereby assigned to the Alternate Payee and the Plan shall pay to the Alternate Payee fifty percent (50%) of the Participant's accrued benefit in the Plan, with said amount to be calculated from the inception of the Plan to the date of the distribution of funds by the Plan Administrator. (4) If the Plan pays a cost-of-living increase or any other post-retirement benefit increase to the Participant, then the Alternate Payee's benefit awarded under paragraph (4) above will be increased to reflect the Alternate Payee's share of such increase. The Alternate Payee's share of each such increase is the same percentage of the cost-of- living increase as the Alternate Payee's share of the Participant's accrued benefit set forth in paragraph (4) above. SECTION IV (5) Payments shall begin upon request by the Alternate Payee but no earlier than permitted under the Plan nor no later than required by Plan. (6) Payments shall end at the earlier of the date the Court shall determine that this benefit shall end, the date of the Alternate Payee's death or the date of the Participant's death. ... (a) Upon the approval of this Order as a Qualified Domestic Relations Order ("QDRO ") within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended by the Committee, the Plan shall establish a separate account under the Plan in the name of the Alternate Payee. SECTION V (7) The Participant and Alternate Payee shall promptly notify the Plan of any change in their respective addresses. (8) The Participant and Alternate Payee shall submit this Order to the Plan Administrator for its determination that this Order constitutes a QDRO. (9) It is intended that this Order shall constitute a QDRO and the Court retains jurisdiction to amend this Order as may be necessary to establish or maintain it as a QDRO. (] 0) This Order does not require the Plan to provide any type of form of payment, or any benefit option, not otherwise provided under the Plan. (11) This Order does not require the Plan to provide increased benefits (determined on the basis of actuarial value). (12) This Order does not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under another Order previously determined to be a QDRO within the meaning of Section 414(p) of the Code and Section 206( d) of ERISA. (13) The parties agree that their mutual intent is to provide the Alternate Payee with a benefit under the Plan that fairly represents the Alternate Payee's marital portion of the benefit as defined in paragraph (4). .,- "", (14) If this Order is held not to be a QDRO within the meaning of Section 414(p) of the Code and section 206(d) of ERISA, the parties hereby agree to submit to and request a Court of competent jurisdiction to modify the Order to make it a Qualified Domestic Relations Order in such a manner that will reflect the parties' intent. (15) This Order is issued pursuant to a final Decree of Divorce and supersedes any previous Order filed in this case. In the event of a conflict between the terms of this Order and the language of the Settlement Agreement, the terms of this Order shall take precedence. This the Zo~day of Oc.h .. 4/ 2005. BY THE COURT: CONSENTED TO: /lPL J. PARTICIPANT A TTORNEY FOR PAR TICIP ANT ~-f4 ~/ . J es R. Purgerson ~Iip AL TERNA TE PAYEE A TTORNEY FOR AL TERNA TE PAYEE , J.-,YI1\J JILL D. PURGERSON. Plaintitl , "-"EC- "-Y\rED ',.'..",....;.J .f_ OCT 1 V 1'005 Y .1" . ,.... 'j/ : IN THE COURT 0 ON PLEAS : CUMBERLAND COUNTY. PENNA v\ v. : NO. 04-1925 CIVIL TERM JAMES R. PURGERSON. Defendant : CIVIL ACTION - LA W : IN DIVORCE STIPULATION FOR THE ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER Thc Court having previously entered a Decree of Dissolution of Marriage herein which certain assets of the parties were apportioned. including assets which require entry of a Qualified Domestic Relations Order. This Order is intended to constitutc a "Qualificd Domestic Relations Order" within the meaning of Section 414(p) of the Internal Revenue Code or 1986. as amended (the '"Code"). and Section 206(d)(3 )(B) of the Employee Retirement Income Security Act of 1974 as amcndcd (""ERISA"). Pursuant to such laws. the Plan Administrator shall make a determination of the qualificd status of this Order. SECTION I This Order shall apply to the Smith Barney, as the Plan Administrator. and in particular to Smith Barney account No. 193-66014-16401. SECTION II (I) The Plan Participant covcred by this Order is: Name: SS#: Address: Date of Birth: .lames R. Purgerson 438-72-3649 164 Dccring Court Russell, KY 41169 05/02/1946 :'~ " I, r } !.. :~ I:i . (2) The Alternate Payee covered by this Order is: Date of Birth: Jill D. Purgerson 210-44-7209 422 Brook Circle Mechanicsburg, P A 11/10/1953 17050 Namc: SS#: Address: SECTION III (3) There is hcreby assigned to the Alternate Payee and the Plan shall pay to the Alternate Payee a sum equal to one-half of the value in the account as of May 1,2005 after first deducting the sum of $60,000.00 from the balance on that date. Said sum of $60,000.00 shall be deemed the premarital property of the Payee and shall not be distributed to the Alternate Payee. Further, any investment performance (gain or loss) on wife's share sball be attributed to wife ti-om May I, 2005 through the date of distribution. (4) If the Plan pays a cost-of-living increase or any other post-retirement benefit increase to the Participant, then the Alternate Payee' s benefit awarded undcr paragraph (4) above will be increased to reflect the Alternatc Payee's share of such increase. Thc Alternate Payee's share of each such increase is the same percentage of the cost-ot~ living increase as the Alternate Payee's share of the Participant's accrued benetit set forth in paragraph (4) above. SECTION IV (5) Payments shall begin upon request by the Alternatc Payee but no carlier than permitted under the Plan nor no later than required by Plan. (6) Payments shall end at the earlier of the date the Court shall determine that this benefit shall end, the date of the Alternate Payee's death or the date of the Participant's death. (a) Upon the approval of this Order as a Qualitied Domestic Relations Order ("QDRO") within the meaning of Section 414(p) of the Internal Revcnuc Code of 1986, as amended by the Committee, thc Plan shall cstablish a separate account under the Plan in the namc of the Alternate Payee. SECTION V (7) The Participant and Alternate Payee shall promptly notify the Plan of any change in their respective addresses. (8) The Participant and Alternate Payee shall submit this Order to the Plan Administrator for its determination that this Order constitutes a QORO. (9) It is intended that this Order shall constitute a QORO and the Court retains jurisdiction to amend this Order as may be necessary to cstablish or maintain it as a QDRO. (10) This Order does not require the Plan to provide any type of 1')fIn of payment, or any benefit option, not otherwise provided under the Plan. (11) This Order does not require the Plan to provide increased benefits (determined on the basis of actuarial value). (12) This Order does not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under another Order previously determined to be a QDRO within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA. (13) The parties agree that their mutual intent is to provide the Alternate Payee with a bcnelit under the Plan that fairly represents the Alternate Payee's marital portion of the benefit as defined in paragraph (4). (14) If this Order is held not to be a QDRO within the meaning of Section 414(p) of the Code and section 206( d) of ERISA, the parties hereby agree to submit to and J request a Court of competent jurisdiction to modify the Order to make it a Qualified Domestic Relations Order in such a manner that will retlect the parties' intent. (15) This Order is issued pursuant to a rinal Decree of Divorce and supersedes any previous Order filed in this case. In the event of a contlict between the terms of this Order and the language of the Settlement Agreement, the terms of this Order shall take precedence. This the 1- r day of CONSENTED TO: PARTICIPANT ~ R - RD '....... ,mes R. Purgerson ALTERNATE PAYEE Och.V 2005. BY TlIE COURT: .T. ATTORNEY rOR PARTICIPANT ATTORNEY FOR ALTERNATE PA YEE MARlTAL SETTLEMENT AGREEMENT BY AND BETWEEN JAMES R. PURGERSON AND JILL D. PURGERSON MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J J ~ day of :fLL It between JAMES R. PURGERSON of Greenup County. Kentucky and JILL D. PURGERSON of :2005 by and Cumberland County_ Pennsylvania. WITNESSETH: WHEREAS, James R. Purgerson (hcreinatier callcd "Husband") currently resides at 164 Deering Court, RosseJl, Greenup County, Kcntucky; WHEREAS, JiJl D. Purgerson (hereinatier called "Wife") currently resides at 422 Brook Circle, Mechaniesburg, Cumberland County, Pennsylvania 17050; WHEREAS, the parties hereto arc husband and wife, having been lawti.lIly married on November 3, 1990, in Shreveport, Louisiana; WHEREAS, the parties have lived separate and apart since on or about May 5, 2002; WHEREAS, the parties hereto are desirous of settling fuJly and finaJly their respective Ilnaneial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership 01' real and persona] property, the support and maintenance of one another and, in general, the settling oj' any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration oj' these premises, and of the mutual promIses, covenants and undertakings hereinafter set J'orth, and l'or other good and valuable consideration, the receipt and suttleicney of which is hereby acknowledged by each or the p'lrties hereto. Husband and Wife, each intending to be legally bound hereby. covenant and agrcc as I"l lows: I. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all controL restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, f,'r his or her separate use or benefit conduct carryon or engage in any business. occupation. profession or employment which to him or her may seem advisable. Husband and Wi Ie shall notmolesL harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with thc use, ownership. enjoymcnt or disposition of any property now owncd by or hcrealicr acquired hv the other. 2. ADVICE OF COUNSEL. Each party acknowlcdges that he or she has had the opportunity to reccive independent legal advice tl-om counsel of his or her selection. Wile has secured legal advice Ji'om John 1 Connelly, Jr., Esquire, her counsel. Eaeh party tlllly understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into frecly and voluntarily, and that the execution of this Agrecment is not thc result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce. alimony, alimony pendente lite, equitable distribution oLdl marital property or property owned or possessed individually by tbe othcr, eounscl fees and costs of litigation and, 11."ly knowing thc same. each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right 10 have the Court of Common Pleas of Cumberland County, or any other court of compctent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distributiolL counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hercto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to. written intcrl'Ogatories, motions for production of documents, the tnking of oral dcpositions, the tiling of inventories and all other means of discovery permitted under the Pennsylvania Uivoree Code or the Pcnnsylv;lIlia Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other cOLlI1 of compctent jurisdiction. The parties do hereby acknowledge that there has been hill and fair disclosure to the other of his or her respectivc income, assets and liabilities, whether slleh are held jointly, in the name of one party alone or in the name of one 01' the parties and another individual or individuals. Each party agrees that any right to tllrther disclosure, valuation, appraisal or enumeration or statemcnt thereof in this Agreement is hereby specilically waived, and the parties do not wish to make or append hereto any hlrther enumeration or statement. Specillcally. each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other docllmentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set torth in this Agreement is fair. reasonable and elluitable, and is satisl'lctory to them. Each of the parties hercto further covenants and agrces Ill!' himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at ;IIlY time hereatler sue Ihe other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to till I disclosure, or that there was any haud, duress, undue intluence or that there was a bilure to have available till!. proper and indepcndent representation by legal counsel. 4. MUTlJAL CONSENT DIVORCE. It is the intention of the parties, ami the parties agree, that by this Agreement thcy have resolved all ancillary economic issues rclated to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has filed a Divorce Complaint in the Court of Common Pleas Cumherland County, Pennsylvania. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver or' Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may tinalize the divorce action in a timely t~lshion. Upon completion of the divorce action, counsel for Wite shall supply Husband with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties were the owners of real estate located at 413 Bluebird Drive, Russell, Kentucky. The said real estate has been sold and the parties have equally divided the proceeds. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all tilrnishings and personalty located in the Marital Residence, including all tilfniture, tilrnishings, antiques, .icwelry, rugs, carpels, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all tilrnisbings and personalty currently in his possession, Ji'ee and clear of any right, title, claim and/or interest of Wite and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right. title. claim and/or interest ofHusbancl. C. Motor Vehicles. Wife shall retain the 1998 Ford Lcon in her name individually. t'ree and clear of any liens and encllmbrances. D. Pension Benefits. Husband has a retiremelll account willI Smith Barney IwvlJ1g a current balance of approximately $136,876.00. The p,1rtn,s <I(knowledge that $60'()OO.OO of this ,lccount represents pre-martial property of lIusband. The partlcs shall establish a value in the account as of May I, 2005 and shall deduct Ii'om that sum Ihe amount of $60,000.00. The remaining balance shaJJ be divided eguaJJy between the parties with Will.. receiving 50% of the said balance rolled over to her through a Qualitlcd Domestic Relations Ordcr. The said amount payable 10 WiCe shaJJ be established and any investment perl(lrl1lance on the account plus or minus shaJJ be attributable to Wife li'OJ1l May 1,2005 forward Husband also has a retirement account with American Funds having a value of $39264.69 as of May 3 1, 2005. The parties agree that the balance in the said account at the time of division shall be divided equally between the parties. The Qualilled Domestic Relations Order shall be entered, setting asicIe to Wife a sum egual to one-half of the v'lluc ill the said account at the time the Order is received by the funcI. Counsel for I-lusband shall be responsible for preparing the ()u,lIitled Domestic Relations Orders and shaJJ be placed in a format acceptable 10 the Court of Common Pleas Cumberland County, Pennsylvania to be Jlnalized by counsel for Wi fe. Husband agrees not to withdraw any funds 1'rol11 eithn of Ihe retircment accounts mentioned above until the Court has entered the Qualitied Domcstic Relations Order rcterred to herein and distributions pursuant to the Agreement have been made to Wife. E. Timeshare. Husband agrees to transfer to Wife all right. title and interest to the parties' timeshare with Fairfield Communities, Fairlield Bay. Arkansas. Wife shall take the steps necessary to secure any documents to transfer the title. Ilusband shall execute the said documents upon presentation. F. Bank Accounts. The parties havc divided to their mutual satisfaction all bank accollntsin their joint names. G. Miscellaneous Property. ^s of the execution date 0[' this i\greement, any and ~111 property not specitlcally addressed herein shall bc owned bv the party to whom the property is titled; and if untitled, the party in possession. This Agreement shaJl constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property lI'om e~lch to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, li'ee li'om any claim of husband, the property awarded to her by the tcrms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wit(; all such propertv. and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating' to that property. This Agreement shall constitute il suftlcient bill of sale to evidence the transfer of any and all rights in such property JI'om Husband to Wife. r. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free rrom any claim of Wife, the property awarded to him by the tel'ms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, ~md waives and relinquishes any and aj] rights thereto, together with any insurance policies covering that properly, and any escrow accounts relating to that property. This Agreement shall constitute a suftJeient bill of sale to evidence the transfer of any and all rights in such property JI'om Wire to Husband. J. Marital Debt. The parties have certain credit cards in joint names for which Husband has agreed to assume responsibility. Husband has represented to Wi I'e that the remaining joint credit card debt approximates $400.00. Husband shall promptly take steps to remove Wife's name li'om any marital dcbt or to pay the balance and cancel any cards on which Wife's name appears. Pending the completion of the payment of the joint deb!. Husband 5h<1}} indemnify and hold Wite harmless on the said deb!. K. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hcreaHer incur it, and sLlch party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her prope11y harmless from any and all debts, obligations and liabilities. L. Indemnitication of Wife. If any claim, action or procecding is hereatier initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wi fe against any such elai Ill. action or proceeding, whether or not weJl-founded, and indemnity her and her properly against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband, If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the eIebts or obligations assumed by Wile under this Agreement, Wile wilL at her sole expense, defend HllSband against any sLlch elailll, action or proceeding, whether or not well-founded, and indelllnify hilll and his property against any damages or loss resulting thereh'om, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt. charge or liability for which the other. the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall lrse only those eredit cards and accounts for which that party is individually liable and the parties agree w cooperate in closing any remaining accounts which provide for joint liability. Each pmty hercby agrees to indemnify. savc and hold the other and his or her property harmless ham any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore tiled joint federal and state tax returns. 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, each will indemnify and hold harmless the other 11'om and against any loss or liability few any such tax deliciency or assessment and any interest, penally and expense incurred in connection therewith. Such tax, interest. penalty or expense shall be paid solely and entirely by the individual who is linally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate incomc on the aforesaid joint returns. 7. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agrecment. Husband ,md Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of thcir marriage. except the rights saved llr created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other i urisdiction. 8. WAIVER OF BENEF1CIARY DESIGNATION. Unless otherwise specifically set I(xth in this Agreement. each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spOllse in and to any asseL benefit or like program carrying a beneficiary dcsignation which belongs to the other party under the terms of this Agrcement, including, but not limited to, pensions and retirement plans of any sort or naturc. deferred compcnsation plans, life insurance policies, annuities, stock accounts, bank accounts, tinal pay checks or any other post-death distribution scheme, and cach party cxpressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming thc other which are in effect as of the date of cxecution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternatc beneficiary is otherwise designated, the beneliciary shall be deemed to be the estate of the deceased party. 9. REU,ASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife andl-Jusband hereby waive any right to division or thcir property except as provided for in this Agreement. Furthermore, except as otherwisc provided li)r in this Agreement, each of the parties hereby specifically waives, releases, rcnounces and forever abandons any claim, right, title or interest whatsoever hc or she may havc in property transfcrred to the other party pursuant to this Agrcement or identificd in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction. personal elTects, household goods and furnishings and all other articles of personal property which have heretoj()j'e been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it becomc necessary. each party agrecs to sign any title or documents necessary to give etTect to this paragraph. upon request. However, neither party is released or dischargcd iJ'om any obligation under this Agreemcnt or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereatler own and enjoy independently of any claim or right of the olher. all ilems of pcrsonal property, tangible or intangible, acquired by him or her from the execution date of this ^grcement with full power in him or her to dispose of the same Jlllly and etfectivcly I(H all purposes. B. Each party hereby absolutely and unconditionally releases and I()rever discharges the other and the estate of the other jar all purposes from any and all rights and obligations which either party may have or at any time hereaticr has I()j' past. present or li,lture support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and bcnelJts under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any othcr law 01' any other jurisdiction, except and only except all rights and obligations arising under this Agreement or lor thc breach of any of its provisions. Neither party shall have any obligation to the other not expressly set lorth herein. (' Except as set t()rth in this Agreement. each party hereby absolutely and unconditionally releases and forever discharges the other and Ilis or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims. demands or obligations arising out of or by virtue of the marital relationship of the parties whcther now existing or hereafter arising. The above release shall be etTective regardless of whether such claims arise out of any t()]'Jner or future acts, contracts, engagements or liabilitics of the other or by way oC dower, curtesy. widow's or widower's rights, family exemption or similar allowance. or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights ofa surviving spouse to parlieipate in a deceased spouse's estate. whether arising under the laws of Pennsylvania, any state. comnwnwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreclnent an absolute and unconditional release and discharge from all causes of action, clain1s, rights or demands whatsoever in law or in equity, which either party evcr had or now has against the other. 10. PRESERVATION OF RECORDS. Each party will kcep ,md preserve for a period of li)Ur (4) ycars [i'Gln the date of their divorce decree all linancial records reJating to the marital estate. and each party will allow the other party access to those records in the event of tax audits. I ] . MODIFICA TION. No modification, rescission, or amendment to this Agreement shall be cffective unless in writing signed by each of the parties hereto. 12. SEVERABILITY. If any provision of this ^greemcnt is held by a COUr[ of competent jurisdiction to be void, invalid or unent(lt'Ccable, the remaining provisions hercof shall nevertheless survive and continue in full forcc and e1Tect without being impaired or invalidated In any way. 13. BREACH. If either party hereto breaches allY provision hereof'. tile other party shall have the right, at his or her election, to sue for damages for such brcach. or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be cntitled to recover from the breaching party all costs. expenses and legal fees actually incurred in the enforcement ofthe rights of the non-breaching party. 14. WAIVER OF BREACH. The waiver hy olle part\ 01 allY breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision 01' this AgreenlenL 15. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certiiied mail. return receipt requested. Notice to Husband will be sufficient if made or addressed to the I'ollowing: .lames R. Purgerson 164 Deering Court Russell, KY 41169 and to Wife, if made or addressed to the following: .I ill D. Purgerson 422 Brook Circle Mechanicsburg, P A 17050 Notice shall be deemed to have occurred upon the dale receivcd by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions ofthis paragraph. 16. APPLlCABLE LAW. All acts contemplated by this Agreement shall be construed and enforced Lll1der the substantive Jaws of the Commonwealth of PCllnsylv,lI1ia (without regard to the contlict of Jaw rules applicable in Pennsylvania) in dlcct as of the dale of execution of this Agreement. t 7. DATE OF EXECUTION. The "'date of execUlion" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date. then the date on which the Agreement was signed by the last party to execute this Agreement. 18. EFFECTIVE DATE. This Agreement shall become effective and binding upon hoth parties on the execution date. 19. EFFECT OF RECONCILIATION. COll/\BlT ATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attcmpt to cffect ;1 rcconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall he no modification or waiver of any of the terms hercof unless the parties in writing cxecute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AC;REEMENT. Any headings preceding the texl of the several paragraphs and subparagraphs hereof are inserted solely 1,)1' convenience of reference and shall not constitute a part of this Agreement nor shall they atlcct its meaning, construction or dIec\. 21. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs. executors. administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an a([orncy of his or her own choice, and has executed it voluntarily and in reliancc upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concernin~ the subjects it purports to cover and supersedes any and all prior agreements bctween the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the partics. n. MUTUAL COOPERATION. Each party shall. on dcnwnd. cxecute and deliver to the other any deeds, bills of sale. assignnlcnts. consents to change u!' beneficiary designations, tax returns, and other documents, and shall do or causc to be done every other act or thing that may be nccessary or desirable to efrectuate the provisions and purposes 01' this Agreement. If eitber party unreasonably fails on demand to comply witb these provisions, tlwt party shall pay to the other party all attorney's tees, costs, and other expenses actually incurred as a result of such tailure. 24. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this A~reement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity arc speedlcally not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and se,ils on the dates of their acknowledgments. _~c[Y)y() WITNESS -. _ < &J- <')~ ~ f1~ ~ [I'~ _ CO.oI @.Q}. ~ ,~1\t11" ~~Ri?,~~ ~FS H.. PURGERSON ~ (' 2- . C ~;~ vf.J!;1&~I / >-(LjC-'~ '/1' D PUR""'''Or ,I "I ,S- r:i 1'\'\ (') C) .'\1 ...-\ "\', \ 0'~ c_) -:1 n .-', ,,- ,~,) ..-l --------- JILL D, PURGERSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 04-1925 CIVIL TERM JAMES R. PURGERSON, Defendant : CIVIL ACTION - LAW : IN 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. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2, Date and manner of service of the Complaint: May 7, 2004; by restricted, certified mail no. 7002 0860 0005 2680 4084, 3, Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) ofthe Divorce Code: by Plaintiff: July 26, 2005;Defendant: July 21, 2005, (b) (l) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated July 21, 2005, 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) of the Divorce Code: or, date of execution of Waiver of Notice ofIntention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: July 26, 2005; by Defendant: July 21, 2005. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: by Plaintiff: July 27, 2005; by Defendant: July 27, 2005. JAMES, SMITH, DlETTERRICK & CONNELLY LLP Date: December ~, 2005 ~'~-.., --II C ['''1 C") I ( "~ ., ~,-"l :",-, 1-"",) MICHAEL P. GILLIS, Plaintiff, IN THE COURT OF COMMON PLES CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 - 5278 CIVIL JENNIFER H. GILLIS, Defendant. CIVIL ACTION - LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS DOCUMENT HAS BEEN EXECUTED BY: Michael P. Gills, Plaintiff and Jennifer H, Gillis, Defendant TO BECOME PART OF THE RECORD IN THIS DIVORCE ACTION NO. 2004-5278 IN CUMBERLAND COUNTY, PENNSYLVANIA '. . MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, dated the ~'7' day of ~Y , 2005, by and between MICHAEL P. GILLIS, c/o 1133 Sandpiper Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050, Social Security No. 189-56-0254, hereinafter called the "HUSBAND", and JENNIFERH, GILLIS, 914 West Foxcroft Drive, Camp Hill, Pennsylvania 17011, Social Security No, 254-65-9580, hereinafter called the "WIFE", who agree as follows: WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on June 10,2000; WHEREAS, diverse, unhappy and irreconcilable differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and the parties desire to enter into an Agreement settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: 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 any and all claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, mutually agree as follows: '. I, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to condone any act( s) of the other party which have occasioned the disputes or unhappy differences whether occurring prior or subsequent to the date of this Agreement, Upon initiation of an action in divorce by either party, the parties intend and agree to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code, 2, EFFECT OF DECREE. NO MERGER The provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation, The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree, 2 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The parties acknowledge that they have had the opportunity to receive and have received independent legal advice from counsel of their selection at their sole discretion and that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in 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 the 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 agreements, 5, FINANCIAL DISCLOSURE Husband and Wife represent and agree that they have made a full and complete disclosure to the other of all information of financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner misrepresented, Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously, 6, FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such 3 Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Husband and Wife voluntarily and inteJligentIy agree to waive any rights which they may have to receive an inventory and appraisement of all property owned by them jointly or individually, at the time of delivery of this Agreement or of the commencement of any action in divorce, 7, TAX LIABILITY The parties believe and agree, and have been so advised, each at their sole discretion by their attorneys that the division of property made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property, Each party promises not to take any position with respect to the property assigned to him or her or which is inconsistent with this position on his or her Federal, State or local income tax returns. 8, PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable, Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever, nor in any way interfere with the peaceful existence, separate and apart from the other. Neither party shall harass or be verbally or physically abusive to the other. 4 9, MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against 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, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any 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 thereof. 5 10, EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No, 26) known as "The Divorce Code," 23 P,S, 3101 et. seq. of the Commonwealth of Pennsylvania, And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages, if any, of the parties; the age, the health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, \\, DISTRIBUTION OF PERSONAL PROPERTY Attached hereto and marked as Exhibit "A" is a list of personal property which is to be retained by Wife pursuant to this Agreement, Upon Wife's termination of occupancy of the marital residence as provided in paragraph 17, hereof, Wife shall retain exclusive right, title, interest and 6 with respect to such vehicle retained by Wife, as weU as be responsible for any and all maintenance, taxes and insurance with respect to this vehicle, B. BANK ACCOUNTS Husband and Wife acknowledge and agree that they are each owners of individual personal checking and savings accounts with PSECU, It is agreed that each of the PSECU checking and savings accounts shaU become and remain the sole and exclusive property of Husband and Wife to which each is respectively titled, 12, WIFE'S DEBTS Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnifY and save harmless Husband from any and all claims or demands made against him by reason of debts and obligations incurred by the Wife prior to the date of the delivery of this Agreement, and aU further debts incurred by the Wife from and after the date of delivery hereof, shaU be the Wife's individual responsibility, 13. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and aU claims or demands made against her by reason of debts or obligations incurred by the Husband prior to the date of delivery of this Agreement, and aU further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband's individual responsibility, 9 14, MARITAL DEBTS Husband and Wife hereby acknowledge that there are no outstanding joint bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit. Husband and Wife further agree that they will indemnifY the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. In the event that either party contracted or incurred any debts, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, 15, RETIREMENT FUNDS Husband acknowledges that Wife has accrued and is entitled to certain pension, profit sharing or other retirement and employment benefits as the result of her employment with the West Perry School District. Wife also acknowledges that Husband has accrued and is entitled to certain pension, profit sharing or other retirement and employment benefits as the result of his prior employment with Holy Spirit Hospital. Husband acknowledges that he has not accrued pension, profit sharing or other retirement benefits with Pennsylvania American Water or through his current employment with Select Medical Corporation. In any event, Husband and Wife, individually and jointly, hereby waive any right, title and interest they may have, if any, in any retirement savings plan, pension or other retirement and employment benefits and plans of the other, which said plans and benefits, if any, shall be and remain the sole and exclusive property of each ofthe parties respectively, Husband and Wife shall 10 '. each be deemed to retain and remain in possession and control of any Social Security and related benefits to which either party may have respectively a vested or contingent right or interest, if any, at the time of the signing ofthis Agreement. 16, LIFE AND HEALTH INSURANCE Husband and Wife shall each be deemed to be and remain in sole and exclusive possession, control and ownership of his or her own life insurance policies and benefits, if any, and neither will make any claim against the other for any interest therein. Except as provided otherwise in this Agreement, Husband and Wife each shall be deemed to be and remain in sole and exclusive possession, control and ownership of his or her own health insurance policies and benefits, and neither will make any claim against the other for any interest therein, 17, REAL ESTATE A, 914 West Foxcroft Drive, Camp Hill, Pennsvlvania, Husband and Wife are the joint owners ofamarital residence located at 914 West Foxcroft Drive, Camp Hill, Pennsylvania, 17011 (hereinafter "Property"). It is agreed that all right, title, possession and interest whatsoever in the Property shall become and remain the sole and exclusive property of Husband, Husband agrees to and shall assume, indemnifY and hold harmless Wife, upon execution of this Agreement, from any and all liability for any and all liens, mortgages, including but not limited to the loan and encumbrance of the parties to Chase Manhattan or its successors and assigns, all maintenance, costs, expenses, trash, sewer, water, taxes and insurance, and all other obligations of whatsoever nature with respect to the Property, On or before May 31,2005, Husband will refinance the marital residence obligation to Chase Manhattan into his own name. Upon execution of this Agreement, Wife shall execute a fee simple 11 '. Deed, or other document in a form that is satisfactory to Husband as may reasonably be requested and required by Husband in order to transfer and convey all right, title and interest in the Property to Husband; said Deed shall be held in escrow by legal counsel for Husband and delivered to Husband upon refinancing and release of Wife from the joint mortgage obligation, Cost ofthe preparation of the Deed shall be borne by Husband. B. Husband and Wife acknowledge and agree that Wife is currently residing in the marital residence, It is agreed that Wife shall be entitled to continue residing in the marital residence until June 30, 2005 or such date as Husband concludes settlement for refinancing of the Mortgage as set forth in subparagraph A hereof, whichever shall last occur, at which time Wife shall permanently vacate the premises and Husband shall be entitled to exclusive possession thereof, During Wife's occupancy of the marital residence, Wife shall be responsible for payment of the following: i) Husband's new monthly mortgage payment (which shall include principal, interest, taxes and insurance) beginning June 1,2005, and the same shall be pro-rated to the date of Wife's departure from the marital residence, ii) All utility payments including: trash, sewer, water, telephone and cable television, In the event that any of these bills are quarterly bills, then they shall be pro-rated to the date of Wife's departure from the marital residence, iii) Wife will be responsible to pay for any damage done to the marital residence prior to her departure which would go beyond normal wear and tear; however, Wife will not be responsible to pay to repair damage previously done by Husband which shall include: a hole in the basement wall, the closet door in the master bedroom and the door frame around the back door. 12 iv) Wife will be responsible to pay to repair anything that has broken as a result of her action, Husband may terminate Wife's occupancy and possession of the Property, upon seven (7) days prior written notice, for failure of Wife to make payment of the obligations as agreed, entitling Husband to immediate and exclusive possession of the property, Time is of the essence, Upon any holding over or breach ofthis provision, Wife shall be responsible for all maintenance and utility costs, trash, sewer, water, taxes, insurance, mortgage principal and interest and other obligations with respect to the property during Wife's occupancy. 18. LUMP SUM PAYMENT. Husband hereby agrees to pay to Wife the sum of Fourteen Thousand Five-Hundred and 00/100 Dollars ($14,500.00) as an equitable distribution of all marital property to be paid upon execution of this agreement. Wife shall reimburse and pay to Husband, immediately upon her receipt, any and all spousal support payments and sums which are wage attached or otherwise made and received by Wife from Domestic Relations after May 31, 2005 with respect to the Spousal Support Order as set forth in Paragraph 19, 19, WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or other maintenance, It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party, In the event that Wife has initiated against Husband any legal or other action for or pertaining to any form of support or maintenance, 13 such as spousal support, alimony or alimony pendente lite, said action shall be deemed withdrawn and be terminated for all purposes effective immediately upon execution of this Agreement. The Spousal Support Order currently in effect through Cumberland County Domestic Relations Section and docketed at No, 51-S-2005, PACSES No, 462107063, shall be terminated effective May 31, 2005, 20. ATTORNEY FEES. COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this agreement and the granting of a divorce decree, 21. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this agreement or to rescind same and seek such legal remedies as may be available to them, The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this agreement. 22. LAW OF PENNSYLVANIA APPLICABLE This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this agreement. 23, 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. 14 24. SEVERABILITY If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this agreement and in all other respects this agreement shall be valid and continue full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 25. INTEGRATION This agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein, 26, MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party upon request 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. 15 '. 28, WAIVER The failure of either party to insist upon strict performance of any of the provisions of this agreement shaH in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 29. HEADING NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this agreement nor shall they affect its meaning, construction or effect IN WITNESS WHEREOF, the parties hereto have set their hands and seals they day and year first written above. c~-( . ",j {4L1 tV-LC^ V ~/?M~ Michael P. Gillis WITNESS: ~ ~\ '4" "'_ L A'LA'--'t-+- , OJ c-{..t.L-/7 J ifer H. G hs 16 , COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF D Au ,JI1I rJ On this, the c9.5iJ-, day of rl1 A Y ,2005, before me, a Notary Public, the undersigned officer, personally appeared Michael p, Gillis, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. )(~;jj .';j' ~~. Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~P1fP1/ On this, the J4~ay of : ss: , 2005, before me, a Notary Public, the undersigned officer, personally appeared Jennifer ,Gillis, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained, My commission expires: 04804179595 COMMONWEALTH Of PENNSYlVANIA NOTARIAL SEAL ELIZABETH S, BECKLEY, Notary PllbIc City of Harrisburg, Dauphin County My CormisSlon ExpIres March 17, 2009 17 1. China Closet 2, Kitchen Table and Chairs 3, Coffee Table 4, Grey Couch 5, Both Lamps 6, Single Bed 7, Chest 8, Dresser 9, Bookshelf 10, Antique Chair 11. Stairmaster 12. Television 13, VCR 14, DVD Player 15. Antique Desk , EXHIBIT A o ~, o "1"1 ::1 i":"'1 ;;,,:-;; .~- -" C,,:"I 1 i r:, I ~'0 -,'-, -.., ~~ r-- -J .< MICHAEL P. GILLIS, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION - LAW :IN DIVORCE JENNIFER H. GILLIS, Defendant :NO. 2004 -- 5278 AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 2 I, 2004, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, !i 4904 relating to unsworn falsification to authorities, Dated: November 30. 2005 1 ':-1-/ . /1.d &. 7 r'.":" L':_~) (:J ,-:;::~, ."n C","J eJ :~ r"'l n I -n , ~~) (J" ~ U.~ MICHAEL P. GILLIS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 2004 - 5278 CIVIL JENNIFER H. GILLIS, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1, A Complaint in Divorce under 3301 (c) of the Divorce Code was filed on October 21. 2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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, 5, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C,S. S 4904 relating to unsworn falsification to authorities. M~~ Dated: /;/,;J%~ I SS# 189-56-0254 88314 (~ r-' ~:;:" c~',') c_rl o .-n C:' r-n C) I --'""' (...,'1 c....n MICHAEL P. GILLIS, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION - LAW : IN DIVORCE JENNIFER H. GILLIS, Defendant :NO, 2004 -- 5278 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, S 4904 relating to unsworn falsification to authorities. Dated: November 30, 2005 /t...& J "', C:.::-> C';) c." o r.-) " I o -'n C'"1 0'\ i~ --< MICHAEL P. GILLIS, Plaintiff, IN THE COURT OF COMMON PLES CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 - 5278 CIVIL JENNIFER H. GILLIS, Defendant. CIVIL ACTION - LAW IN 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: I. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3301(d)(1) of the Divorce Code, (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant, Jennifer Gillis signed an Acceptance of Service dated November 5, 2004. 3, (Complete either paragraph (a) or (b)) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) ofthe Divorce Code: by Plaintiff, November 28, 2005; by Defendant, November 30,2005. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: December 1, 2005. Date Defendant's Waiver of Notice was filed with the Prothonotary: December 1, 2005. 6. Plaintiffs Social Security number: 189-56-0254. Defendant's Social Security number: 254-65.9580 7. The parties have executed a Marriage Settlement Agreement, dated May 25,2005, which Agreement has been filed ofrecord at the within term and number, and which Agreement is requested to be incorporated in the final Decree in Divorce, but not merged therein. Respectfully submitted, Date: December 2, 2005 By: Stanley J. A. r:; owski, Esquire Attorney 1. D. # 37422 Caldwell & Kearns, P.c. 3631 North Front Street Harrisburg, P A 17110-1533 (717) 232-7661 Attorney for Plaintiff, Michael P. Gillis 04804/95484 ------------- o 1; ~-"') c:.""J c:;.:! ",.11 o C,'\ .;-, o "'.\ \ .-.:> --c) - r:- _J ~ ~~+.~~+,~+~++++~+++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++.++++++++++++++++++++++ ?~++~+~+~++~~++~++++~~+~+++++++~++~+++++++~++++++++++ + + + + + + . + + + + + . + . + + + + + + + + + . + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA, Jill D. Purqerson, Plaintiff NO,04 1925 VERSUS James R. Purqerson, Defendant DECREE IN DIVORCE AND NOW, 'jk,. " . ,2005 /.......... DECREED THAT Jill D. Purgerson AND James R. Purqerson ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~++++++++++++~++++ YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The attached Marital Settlement Aqreement is hereby but not merged, into the Decree By THE COURT: ;!~'7 +++++++++++++++++++++++++++++++++ in Divorce. PROTHONOTARY J. ~ h ,? ~?Jy ~j.{ Ja Lf. ~/ -!/~/ . }jv ,? ~Z>>V~,,) -riP Ie?, C ( . 15'/ . "\. " ," . - ----~-~---~-----