Loading...
HomeMy WebLinkAbout01-6821TAMARA J. SLIKE PLAINTIFF Vs. ANDREW E. SLIKE DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA ; : No. Ol-b~-2~ ~ "{'--~"" : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Carlisle, PA 17013-3387 Liberty Avenue 717-249-3166 TAMARA J. SLIKE PLAINTIFF Vs. ANDREW E. SLIKE DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA _. No. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, by Attorney JAMES M. BACH, and avers as follows: 1. Plaintiff is TAMARA J. SLIKE, who currently resides at 6171 HAYMARKET WAY, MECHANICSBURG, PA 17050. 2. Defendant is ANDREW E. SLIKE, who currently resides at 110 WILDFLOWER DRIVE, CARLISLE, PA 17013. 3. Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 13, 1982. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce of annulment instituted by either &the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of counseling and also the Plaintiff may have the right to request that the Court require the parties to participate in counseling, and after being so advised, Plaintiff does not desire counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 9. The marriage between the parties hereto is irretrievably broken. 10. Upon ninety (90) days elapsing from the date of service of the Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that the Defendant may also join in and file the same, or similar Affidavit of consent to a divorce. 11. Upon separation of two (2) years, Plaintiff intends to file with the Court an Affidavit indicating that he/she has lived separate and apart in excess of two (2) years. WHEREFORE, if two (2) years have elapsed from the date of separation and/or Plaintiff has filed his/her Affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT I1 Request for Equitable Distribution of Marital Property Under 3104 and 3502(a) of the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. Wherefore, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT III Request for Counsel Fees, Costs, Expenses and Alimony, APL, Under 3104, 3323, 3502(e) and 3702 of the Divorce Code 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. DATE Respectfully submitted, /~ES M. BACH //Attorney At Law ~g/ Attorney I.D.# 18727 352 S. Sporting Hill Rd. Meehaniesburg, PA 17050 (717) 737-2033 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to penalties of 18 PA. C.S. §4904, relating to unswom falsification to authorities. TA~IAR/~ J. SLIKE (PLAINTIFF) TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 : CIVIL ACTION - LAW · DIVORCE Plaintiff, Tamara J. slike, WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the in the above-captioned matter. Date:~-- ~. B~h, Esquire 2 S. sporting Hill Rd. ~e2chSanicsburg, PA 17050 (717) 737-2033 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Tamara J-Slike, in the above-cap~ ~te~. Date:~_%~~? - I ~ h~F. Ki~g,~Esq~ire F i0 N. Second stTeeu Penthouse Suite p. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 k/p:divorce~slike-aPP T/LMAP~A J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 : : CIVIL ACTION - LAW : DIVORCE INVENTORY OF TAMARA J. SLIKE Plaintiff, Tamara J. Slike, 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. Plaintiff, Tamara J. Slike, verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ara J~JSlike, Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) ( ) ( ) 3. ( ) 4. ( ) 5. ( ) 6. (x) 7. ( ) ( ) 9. ( ) ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Number of Property Ail Owners Marital Residence 110 Wildflower Drive Carlisle, PA 17013 Tamara J. Slike &Andrew E. Slike 2. Safe Deposit Box No. 194 M & T Bank Household furnishings and personalty in possession of Tamara J. Slike outside of marital residence Household furnishings and personalty in possession of Andrew E. Slike in marital residence (see attached itemized list of such assets in dispute) lc~.tn~r chai.~ reccnCt.~ rcupholster~d with t~vo ro~ Tho~v~e ~n~ ' d '- ,.,~le w~ ~ f~ ~d p~tc . a topi= &=sser wi~ ~or, ~ ~o~, a ~olo~d enmnc~ ~g~J~ l~ps ~ wicker coEec b.~vy ~ woo~ wh[~-P~ted t w~n upho~cd v~ ~ir 2 cx~-lo~ ~-sizc ~ ~d ~pfings I p mc h~ h~ Z a~ h~gan end ~l~ ~ ~ge ~c b~ind ~o~ l a~ co~ mblc ~i~ sm~c ~ac~ be~nd b~s~ for ~e ~r be~oom ~ h~ ~ ~ ~ ~ ~--= ' ~ - ~d~mbroiderca h~b~ ~ ~ ~vo of~c dow~ b~ ~s[dc by s[dc , while my ~,..,k ~c~ ~v~g ~ out ~c coils chcst ~e=~-one ~Y ~t We ~ wor~g b~se '~ l~ ~om ~ b~ of~. ~. ~ (?) Sony ~ ~ p~c~ m v ....... ~ ~ st~co a S CD player/~er a ~r~ rope p~yCr Kitchen Goods ~ 4 pe~O~ place settiu~ of Corelle ware .12 person place se~ of s[o~w~e a s~ ofc~t iron ~ ~d ~ p~ wl~ wo~en ~ ~t of sflve~ for 12 ~ si~ pi~s a b~ ut~il sci, g~g ~ys, ~d cl~ t~ for c~mle d~h~ wi~ ~ ~ ~ pl~fic cups e po~om popper ~ el~ic wok 2 c~et~ b ox~ of c~g j~, ~ Ii&, ~d bo~ p~ ~mh~ ~owel~, ~na ~ clo~es 2 i~uht~t coolers a 5 r=atloa insulated water c~l~ sev~ 1 -gabon a p~te mc~ p~nic ~le be~h ~b~l~ wk~r ~ lu~o ~ slc¢pMg b~ exmsioa cor~ ~'s co~ege t~b~ office ~ve~l ~ly Ca~o~ Bibles a i~s ~rm with propane ta~k two 4x8 foot t~blcs 2 pl~dc lo~e ~s 6 m~l ~ wi& upho~ ~ ~ s~ pl~c c~s 4 r~g pl~dc ~ nmnewus hanging pots numerous plastic po~s 4 tiki torches and fuel a 22 rlfl¢ pistoLs-gauges?-=, ,,a =ompo~d ~ws~n~ bl~t ~g~r tip ~ov~ ~ul~t~ h~t~g long ~w BB Tools jumper cables; a reversible l~afblower with bag atlachment; a simplicity lawn u~or with hydraulic IiL and ~nOW plow; a w~gon to ~tto~h to thc tr~tor; · lumO.-pU~t~cl snow blower;, nn adjtmtabh~ metal ladder/scaffold; nt~metous water hoses nozzles, sprinklers, and a hose reel; re~d and m~tsl push brooms; a row boat; a rectal ~xtension ladd. er; steel tool boxes; bea'~y duty extension cords and re~ls; philip screwdrivers; standard screwch'ivers; clawheacl hammers; axes; mallets; rubber hm~mers; socket aets; adjustable wronche~;; vise gx;~; metal squares; nail punches: metal files; hex I~y setS; wire strippers; hacksaws; ~ree saws; extanded tree saws; offset and flat style ratchet sets; drive tool sets; necdleoose pliers; sllp joLut pliers; long nose pliera: linesman piers; wide: jaw pliers; diagonal pliers; arc joint pliers; wed.ge and pry bars; alignment tools; cutters and cable shears; circuit detector sets; stud finders; pipe wrcrtchcs; ,- . u.- ~ ~,~, enme-.a [on~; nlllaloro"u chains; tape illCas~es; picture acety an" torches; ~ol~ermg sets; cau~la~ ~.,, ---- - -v ...... ~me vneache~; nssort~ lettgtbs of levels; plums: bobbs tin stops; avmtton stoW; ~akole gun: un,au project or table v~s~; wood. carving s~ts; hand saws; miterbox; c-clumps; parallel bar clamps, buffea; disc sa~d~r; dril~ press; band saw; table saw; ch-ruler saws; circular saw gukle; scroll saw; rc~ipro~ating saw;jigsaw; belt ~nrle~; palm sander~; hand planers; jointr~; rotary grader and grinding points; woC~i and me,al tre~es~ cordless drill; bits; snake Ilglus; won~ lights; aawza~l; 5row bars; dlg&ing iron~; coal shovel~; din shovels; l~af rakes; garden rakes; lawn sprcac~r, hand held vgc; wood ~athe; route~; wall papering tools; pa.illt brushes; rogers ext~cted bandi~ for xoller~; p~nt treys; nippe~: long-handled nippers; spraye~: extension ladd~, step ladder; 2 hand carts; 80./L8 3D~d £NBWBDVN~W SS~D E~8P-tSg-£IL 0~:0I E00~/8~/60 NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of ProDert¥ Exclusion NONE PROPERTY TRANSFERRED Item Number Description Date of Consider- of Property Transfer ation 1989 Sun Star Garden Tractor with attachments 4/03 $1,200.00 Person to Whom Transferred Walter's Tractor Serv. (transferred byAndrew E. Slike) Item Number 2 o Description of Property LIABILITIES First mortgage on marital residence Names of All Creditors Home equity loan on marital residence Columbia National Bank 3. Revolving credit card M & T Bank Sears Gold MasterCard Names of All Debtors Tamara J. & Andrew E. Slike k/p:divorce~slike.inv TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6821 : : CIVIL ACTION - LAW : DIVORCE INCOME AND EXPENSE STATEMENT OF ANDREW E. SLIKE INCOME Employer: Snack Foods Dist. Inc. Address: P.O. Box 292, Camp Hill. PA 17001-292 Type of Work: Manager Pay Period (weekly, biweekly, etc.): Weekly Gross Pay per Period: Itemized Payroll Deductions Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Child Support Net Pay per Period: 1,000.00 126.84 76.50 10.00 28.00 258.66 soo.o___go Other Income: Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Worker's Comp. Child Support Total TOTAL INCOME WEEK MONTH 2.166.67 YEAR 0.00 EXPENSES Home Mortgage/rent Maintenance Utilities Electric Gas Oil WEEK MONTH $ 1,427.00 $ 100.00 $ 180.00 $ 25.00 YEAR EXPENSES Telephone Water Sewer Employment Public Transportation Lunch Taxes Real Estate Personal Property Income Insurance Homeowners Automobile Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist WEEK 3 MONTH $ 73.00 $ 10.00 $:240.00 $ :208.00 $ 28.00 $ 83.00 $ 33.00 $ 100.00 $ 240.00 $ 33.00 YEAR EXPENSES Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School Parochial School College Religious Personal Clothing Food Barber/hairdresser Credit Payments Credit card Charge Account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books /magazines WEEK MONTH $ 73.00 .200.00 350.00 4O.OO 200.00 100.00 $ 4.00 $ 4.00 YEAR EXPENSES Entertainment Pay TV Vacation Gifts Legal fees Charitable contributions Other child support Alimony payments Other Total Expenses WEEK MONTH $ 100.00 $ 86.00 $ 83.O0 $ 1,000.00 $259.00 YEAR $ 0.00 ~ 5.279.00 ~ 0.00 PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP H W J 5 INSURANCE COMPANY POLICY NO. COVERAGE H W C DATED: BY: REAGER & ADLER, PC I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Defendant Verification I verify that the statements made in this Income and Expense Statement are true and correct to the best of my lmowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 6~/~/t9-3 AnOxew E. Slike TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6821 CIVIL ACTION - LAW DIVORCE INVENTORY OF ANDREW E. SLIKE Defendant files the following inventoxy of all prope~] owned or possessed by either party at the time this action was commenced and all property u'ansferred within the preceding three years. Defendant verifies that the statements in tiffs inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Andrew E. Slike ASSETS OF PART]~ES Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. [] D [] [] [] [] D [] 0 0 [] [] 0 [] [] [] [] 0 [] [] [] [] 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts, money market anti savings certificates 7. Contents of safe deposit box 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, workers' compensation claim/award 17. Profit sharing 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatures) 22. Military/VA benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include a total category and attach itemization list if distribution of such assets is in dispute) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Property Names of all Owners 1 Marital Residence Tamara J. Slike & 110 Wildflower Drive Andrew E. Slike . Carlisle, PA 17013 2 Household furnishings and personalty inTamara J. Slike & possession of Tamara J. Slike outside of Andrew E. Slike marital residence 3 Household furnishings and personalty inTamara J. Slike & possession of Andrew E. Slike in marital Andrew E. Slike residence NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property iReason for Exclusion NONE PROPERTY TRANSFERRED Item No. Description of Property Date of Person to Consideration Transfer Whom Transferred NONE LIABILITIES Item No. Description of Names of Names of Debtors Property Creditors 1 First mortgage on Columbia National Tamara J. & Andrew E. marital residence Bank Slike 2 Home equity loan on M&T Bank Tamara J. & Andrew E. marital residence Slike 3 Revolving credit card Sears Gold Tamara J. & Andrew E. Mastercard Slike Respectfully subrmtted, De r' Camp I ' xI P.C. ~t~squire Street A 17011 (717)763-1383 Attorneys for Defemdant TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-6821 : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was flied on November 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 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 unswom falsification to authorities. Andrew E. Slike TAMARA J. SLIKE Plaintiff Vo : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 ANDREW E. SLIKE Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO, REQUEST ENTRY ,OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODF, 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. § 4904 relating to unsworn falsification to authorities. Andrew E. Slike TAMARA J. SLIKE, Plaintiff VS. ANDREW E. SLIKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 6821 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~ day of ~ , 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 11, 2004, the date set for a Master's hearing, leaving issues regarding the tangible personal property unresolved. The agreement and stipulation were transcribed and subsequently signed by the parties and counsel. On September 21, 2004, the parties entered into another agreement incorporating the agreement entered on the record May 11, 2004, resolving all economic issues. The appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY 'THE COURT, cc: ~oohn F. King, Attorney for Plaintiff &~Webra Denison Cantor, Attorney for Defendant TAMARA J. SLIKE, : Plaintiff : ANDREW E. SLIKE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBE~LAND COUNTY, PENNSYLVANIA NO. 01 - 6821 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, May 11, 2004. This is the date set for a hearinq~ to take testimony from realtors regarding the suggested value for property at 11~ Wildflower Drive, Carlisle, Pennsylvania. Previously we had discussions with the parties and counsel, and the Master went to the property to view the premises and site. We then scheduled this hearing after the parties got additional appraisals. The Master has been adv±sed after considerable discussion that the parties have agreed to stipulate to a value to avoid the necessity of kaving all the realtors testify and the Master make a finding with the potential for disagreement ultimately on the Master's finding after picking one of the four suggested values. Consequently, today since we have a stipulation on the value of the real es=ate, counsel are going to put a statement on the record which ultimately will be incorporated'into a final mari-lal settlement agreement. Essentially the statement today will set forth the parties' stipulated value as to the real estate and the liens against the property which are to be subsequently verified as to the numbers put on the record with respect to the mortgage and the home equity loan. Counsel are also going to state on the record what they intend to do with regard to any outstanding issues that need to be resolved; namely, the personalty value. Counsel will set forth a plan in order to try to resolve that issue. In any event, by May 28, 2004, the Master will either have in his possession a final marital settlement agreement signed by the parties or will be advised that there is an issue with respect to the value and disposition of personalty which we will then have to be addressed at another conference or hearing. The stipulation that is going to be placed on the record today will be binding on the parties and counsel and will be used as the basis for the final comprehensive agreement. Present in the hearing room are the Plaintiff, Tamara J. alike, and her counsel John F. King, and the Defendant, Andrew E. Slike, and his counsel Debra A. Denison Cantor. The parties were married on February 13, 1982, and separated November of 2001. They are the natural parents of three children. The Master assumes that the parties are going 2 to conclud~ the divorce under the no-fault provisions of the Domestic Relat±ons Code and, there:fore, directs that the parties file affidavits and waivers on or before May 28, 2004, so the divorce can go forward to conclusion under Section 3301(c). Mr. King. MR. KING: After e;~tensive discussions between counsel and after extensive discussions of each of the parties here today, Tamara J. Slike and A~drew E. Slike with their respective counsel, there has been some agreements which we are going to place on the record and indicate as a stipulation of each party to those terms for the eventual preparation of a marital settlement agreement which will incorporate these terms. 1. There is an agreement that the value of the marital residence will be placed at $375,000.00. 2. There is an agreement that tlhe distribution of the marital estate will be a 55% distribution to wife and a 45% distribution to husband. 3. In addition to the distribution which will eventually be calculated on the marital residence there will be an additional $550.00 credited to Mrs. Slike which constitutes some certain sums that came from a home equity loan which were not utilLzed for the marriage. 4. The parties have determined and agreed that the only aseets that are at issue in this marital estate are the marital residence as well as personalty. They have agreed and so stipulate that there are no other issues relating to retirement plans, 401(k) s, bank accounts or alimony, spousal support o~ anything of the like. There is a specific waiver by both parties for any claim for alimony, alimony pendente lite, or any future maintenance from each other. 5. Both parties have agreed that they will be responsible 3 for their own attorney fees. 6. Tke only remaining issue then is that of personalty. The parties agree that at the time of separation Mrs. Slike removed certain items of personalty from the home and also agree that certain items of personalty were left a= the home. The'parties have agreed zhey will retain the services of an appraiser and the appraisal company is Ibis Appraisals from Carlisle and that they will each arrange to have all of the personalty in each of their respective homes appraised by that individual no later than Friday, May 21, 2004. Upon review of the report from that appraiser, the parties, through their counsel, will either reach a final agreement as to the distribution of the personalty or if they are unable to do that by May 28, 2004,, they will so inform the Master and have that issue resolved by way of a subsequent conference or hearing. MS. DENISON CA/4TOR: The only other comment I would make with regard to the appraisals are that the parties are waiving their right to object to the values assessed by Ibis Appraisals, any objections may be of the nature of whether such property is marital or premarital, and each party will retain the assets in their possession at this time. With regard to the house, it is the husband's intent to retain the marital residence and wife will waive her right, title and interest to said residence. At the time of the execution of the marital settlement agreement, wife will execute a special warranty deed prepared by husband's counsel transferring her interest to husband. Within thirty (30) days of the execution of the marital settlement agreement, husband shs~ll make arrangements to either refinance or assume all obligations associated to the marital home. Said refinance or assumption shall remove wife from any and all obligations for repayments of those debts. Upon proof of removal from said obligations, husband shall be permitted to file the deed and transfer the interest in the home to his sole ownership. In the interim, husband shall be solely responsible for all costs and expenses associated witk the residence including but not limited to the payment of the mortgage, home equity loan, tares and insurance. MR. KING: The parties further agree that in order to determine the amount of monies that will be paid over to wife for her 55% share of the real property there will be deducted from the $375,000.00 valuation the amounts of $192,414.00 which represents the alleged current balance of the primary mortgage and $12,133.00 which represents the alleged balance of the home equity loan. Those two balances of the primary and secondary debt on the real property will be verified by way of a request for payoff sheets from the respective loan organizations. The terms as explained by Ms. Cantor, once the marital settlement agreement is either amicably entered into between the parties or if needed, once a decision is made on the personalty by the Master, within thirty (30) days of that date steps will have been taken and payment will have been made to Mrs. Slike for the amounts owed under this stipulation. THE MASTER: Mrs. Slike, have you heard the stipulation that is stated on the record today? MRS. SLIKE: THE MASTER: MRS. SLIKE: THE MASTER: Do you~ understand it? Yes. And are you in agreement with the terms of the stipulation? MRS. SLIKE: Yes. THE MASTER:- And and have it entered on the record? MRS. SLIKE: Yes. THE MASTER: Mr. S].ike, you. Have you heard the stipulation? MR. SLIKE: THE MASTER: MR. SLIKE: THE MASTER: you are willing to sign it the same questions to Yes, 2 have. Do you understand it? Yes, I do. Are you willing to sign it and 6 make it part with respect of the record in order to resolve the to the equitable distribution claim? MR. SLIKE: Yes. issues DATE: .~amar~( J. Slike Andrew E. Slike 7 MARITAL SETTLEMENT A GREEMENT This Agreement, made and entered into this _c.< day of ~xlO-~-'x~-~ ~ ~ ,2004, between TAMARA J. SLIKE of Cumberland County, Pennsylvania, hereinafter referred to as "Wife"; and ANDREW E. SLIKE of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on February 13, 1982, in Cumberland County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the right to support and maintenance; WltEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the oppommity to consult wi~ his or her own competent legal counsel independent of each other; WltEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of' a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her fights to be supported by the Husband and all of her right of dower, rights as -1- heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, court,scl fees, or expenses other than set forth herein; and Husband likewise wishes to relinquish all his rights of curtsy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees, or expenses other than set forth herein. NOW, THEREFORE, the parties hereto, intending to be legally bound, do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart, and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free fi'om any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with each other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, -2- relinquish, and forbear the rights of dower or curtsy, rights to inherit, rights to claim or take Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, ~Sthout any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess, and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her fight to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the patties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the court subsequent to Section 3502 of the Divorce -3- Code. Each of the parties hereto further agrees neither shall Intereaf~er be under any legal obligation to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Real Property. Wife and Husband hold title as tenants by the entireties to the premises identified as 110 Wildflower Drive, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "Real Property"). The parties agree as follows with respect to the Real Property: A. Transfer of Real Property. Within fourteen (14) days of the date of execution of this Agreement, Husband shall deliver to Wife a deed in the same format as the deed initially transferring the property to Husband and Wife, conveying to Husband all of Husband and Wife's fight, title, claim and interest in and to the Real Property. Wife shall execute said deed, which shall be delivered to Debra A. Denison Cantor, Esquire, legal counsel for Husband, who shall hold said deed in escrow until such time as all other terms and conditions required herein have been satisfied. Upon satisfaction of all te,~ns and conditions contained herein, Husband shall be permitted to record the deed and take any other action with respect to the Real Property that Husband in his sole discretion deems appropriate. B. Liens. The Real Property is currently subject to both a primary mortgage and a home equity loan. Husband shall within thirty (30) days of the date of the execution of this Agreement and receipt of the deed, refinance the Real Property in such a fashion as to allow for the satisfaction of the primary mortgage and home equity loan, and further shall satisfy said debt within said thirty (30) day period. 5. Bivision of Personal Property. The parties hereby agree that all items of personal property not otherwise described herein have been ,divided between them. Henceforth, each of the parties shall own, have, and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature, and description and wheresoever situated which are now owned or held by or which may hereinafter belong to that particular party, with the full power of the party to dispose of the same as fully and effectually in all respects and for all purposes if he or she were unmarried. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is rel~stered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts, as well as all accounts held jointly by either party and a child of the parties. Wife is in possession of pictures and videos of the children. Within 30 days of the execution of tiffs agreement, Wife shail provide Husband's legal counsel, Debra A. Denison Cantor, Esquire, with all said pictures, or negatives if available, and videos to duplicate at his own expense. The original pictures, negatives, and videos will be returned to Wife by way of legal counsel within 30 days of delivery to Husbm~d's legal counsel. 6. Lump Sum Payment. As part of the equitable distribution of the parties' marital property pursuant to Section 3502(a) of the Divorce Code, Husband shall pay to Wife a -5- lump sum of Ninety-one Thousand Five Hundred ($91,500) Dollars, which payment shall be made no later than thirty (30) days from the date of the delivery of the executed deed to Debra A. Denison Cantor, Esquire, legal counsel for Husband. Said payment shall be made to counsel. Pursuant to I.R.C. Section 71(b)(1)(B), the principal payment provided for in this paragraph shall not constitute alimony includible in Wife's gross income or deductible by Husband, it being the intention of the parties that the principal payment shall be tax free to Wife. 7. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8. Waiver of Allmony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony, spousal support, or APL. 9. Pension. Neither party has any form of retirement benefit earned during the marriage. 10. Divorce. The parties acknowledge that an action in divorce between them has been filed by Wife and is presently pending in the Court of Common Pleas of Cumberland County, Pennsylvania, under the caption: Tamara J. Slike v. ~mdrew E. Slike, No. 2001-6821. The parties acknowledge their intention and agreement to proceed in said action to obtain a final Decree in Divorce by mutual consent on the grounds that their marriage is irretrievably broken, -6- and to settle amicably and fully hereby all claims raised by either party in the divorce action. The Affidavits of Consent and Waivers of Notice have been filed !by the parties. WIFE's counsel shall provide the Divorce Master with a copy of the signed agreement and will Praecipe to Transmit the divorce immediately upon receipt of the Master's revocation. 11. Breach. Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Separation Agreement subsequent to the date of the signing' of this Agreement. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement. The terms contained shall be construed to restrict or limit each party's right to exercise this ,election. 12. Enforcement. The parties agree that this lVlarital Settlement Agreement, or any part or parts hereof, may be enforced in any court of competent jurisdiction. 13. Applicable Law and Execution. The parties hereto agree that tiffs Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 14. The Entire Agreement. Attached hereto as Exhibit "A" and incorporated herein is a copy of the Stipulation entered by the parties. The ]parties acknowledge and agree that -7- this Marital Settlement Agreement and the attached stipulation contain the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 15. Incorporation and Decree of Divorce. lha the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated but not merged into any such decree of divorce, either directly or by reference. The Court, on entry of decree of divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 16. Additional Instrnments. Each of the p~trties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents, and do or cause to be done any other act or thing, that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party who fails to comply shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. -8- IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Tamara J. Slike Andrew E. Slike k/p:agr\tslike.agr -9- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CU~ bec ~OnJ : : SS: On this, theo-~l day of 5k/~/e~ be,', 2004, before me a Notary Public, the undersigned officer, personally appeared Andrew E. Slike, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : On this, tho~]~ay of _~X~,_ 2004, befare me a Notary Public, the undersigned officer, personally appeared Tamara J. Slike, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. NOTAi~iALI~.~z .v ' I MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this 0.~( ~ day of  ~,~ ~ ,2004, between TAMARA J. SLIKE of Cumberland County, Pennsylvania, hereinafter referred to as "Wife"; and ANDREW E. SLIKE of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Husband and Wife, having been lawfully married to each other on February 13, 1982, in Cumberland County, Pennsylvania; WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property fights, regardless of the actual separation or other character thereof and their other fights, including the right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as -1- heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all fights to alimony, alimony pendente lite, counsel fees, or expenses other than set forth herein; and Husband likewise wishes to relinquish all his rights of curtsy, fights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees, or expenses other than set forth herein. NOW, THEREFORE, the parties hereto, intending to be legally bound, do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart, and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, dkect or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with each other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, -2- relinquish, and forbear the fights of dower or curtsy, rights to inherit, fights to claim or take Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess, and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and power to appoint one or more times any person or persons whom the Husband or Wife Shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any fight to seek or have an equitable distribution of married property ordered by the court subsequent to Section 3502 of the Divorce -3- Code. Each of the parties hereto further agrees neither shall hereafter be under any legal obligation to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive amy right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Real Property. Wife and Husband hold title as tenants by the entireties to the premises identified as 110 Wildflower Drive, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "Real Property"). Property: The parties agree as follows with respect to the Real A. Transfer of Real Property. Within fourteen (14) days of the date of execution of this Agreement, Husband shall deliver to Wife a deed in the same format as the deed initially transferring the property to Husband and Wife, conveying to Husband all of Husband and Wife's right, title, claim and interest in and to the Real Property. Wife shall execute said deed, which shall be delivered to Debra A. Denison Cantor, Esquire, legal counsel for Husband, who shall hold said deed in escrow until such time as all other terms and conditions required herein have been satisfied. Upon satisfaction of all terms and conditions contained herein, Husband shall be permitted to record the deed and take any other action with respect to the Real Property that Husband in his sole discretion deems appropriate. B. Liens. The Real Property is currently subject to both a primary mortgage and a home equity loan. Husband shall within thirty (30) days of the date of the execution of this Agreement and receipt of the deed, refinance the Real Property in such a -4- fashion as to allow for the satisfaction of the primary mortgage and home equity loan, and further shall satisfy said debt within said thirty (30) day period. 5. Division of Personal Property. The parties hereby agree that all items of personal property not otherwise described herein have been divided between them. Henceforth, each of the parties shall own, have, and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature, and description and wheresoever situated which are now owned or held by or which may hereinafter belong to that particular party, with the full power of the party to dispose of the same as fully and effectually in all respects and for all purposes if he or she were unmarried. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accotmts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts, as well as all accounts held jointly by either party and a child of the parties. Wife is in possession of pictures and videos of the children. Within 30 days of the execution of this agreement, Wife shall provide Husband's legal counsel, Debra A. Denison Cantor, Esquire, with ail said pictures, or negatives if available, and videos to duplicate at his own expense. The original pictures, negatives, and videos will be returned to Wife by way of legal counsel within 30 days of delivery to Husband's legal counsel. 6. Lump Sum Payment. As part of the equitable distribution of the parties' marital property pursuant to Section 3502(a) of the Divorce Code, Husband shall pay to Wife a -5- lump sum of Ninety-one Thousand Five Hundred ($91,500) Dollars, which payment shall be made no later than thirty (30) days from the date of the delivery of the executed deed to Debra A. Denison Cantor, Esquire, legal counsel for Husband. Said payment shall be made to counsel. Pursuant to I.R.C. Section 71 (b)(1)(B), the principal payment provided for in this paragraph shall not constitute alimony includible in Wife's gross income or deductible by Husband, it being the intention of the parties that the principal payment shall be tax free to Wife. 7. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 8. Waiver of Allmony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony, spousal support, or APL. 9. Pension. Neither party has any form of retirement benefit earned during the marriage. 10. Divorce. The parties acknowledge that an action in divorce between them has been filed by Wife and is presently pending in the Court of Common Pleas of Cumberland County, Pennsylvania, under the caption: Tamara J. Slike v. Andrew E. Slike, No. 2001-6821. The parties acknowledge their intention and agreement to proceed in said action to obtain a final Decree in Divorce by mutual consent on the grounds that their marriage is irretrievably broken, -6- and to settle amicably and fully hereby all claims raised by either party in the divorce action. The Affidavits of Consent and Waivers of Notice have been filed by the parties. WIFE's counsel shall provide the Divorce Master with a copy of the signed agreement and will Praeeipe to Transmit the divorce immediately upon receipt of the Master's revocation. 11. Breach. Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her fights under the Separation Agreement subsequent to the date of the signing of this Agreement. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement. The terms contained shall be construed to restrict or limit each party's fight to exercise this election. 12. Enforcement. The parties agree that this Marital Settlement Agreement, or any part or parts hereof, may be enforced in any court of competent jurisdiction. 13. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 14. The Entire Agreement. Attached hereto as Exhibit "A" and incorporated herein is a copy of the Stipulation entered by the parties. The parties acknowledge and agree that -7- this Marital Settlement Agreement and the attached stipulation contain the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 15. Incorporation and Decree of Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated but not merged into any such decree of divorce, either directly or by reference. The Court, on entry of decree of divorce, shall retain the fight to enforce the provisions and terms of this Marital Settlement Agreement. 16. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents, and do or cause to be done any other act or thing, that may be necessary or desirable to effectuate the provisions and purposes oft/tis Agreement. If either party fails on demand to comply with this provision, that party who fails to comply shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. -8- IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. Andrew E. Slike k/p:agr\tslike.agr -9- COMMONWEALTH OF PENNSYLVANIA · · SS: COUNTY OF 12uml ¢r ' On this, the oOi day of Sepal, bec , 2004, before me a Notary Public, the undersigned officer, personally appeared Andrew E. Slike, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA · · SS: COUNTY OF DAUPHIN · On this, of~, 2004, before me a Notary Public, the undersigned officer, personally appeared T~nara J. Slike, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. TAMARA J. SLIKE, Plaintiff vs. ANDREW E. SLIKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 6821 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, May 11, 2004. This.is the date set for a hearing to take testimony fro~ realtors regarding the suggested value for property at 110 Wildflower Drive, Carlisle, Pennsylvania. Previously we had discussions with the parties and counsel, and the Master went to the property to view the premises and site. We then scheduled this hearing after the parties got additional appraisals. Uhe Master has been advised after considerable discussion that the parties have agreed to stipulate to a value to avoid the necessity of having all the realtors testify and the Master make a finding with the potential for disagreement ultimately on the Master's finding after picking one of the four suggested values. Consequently, today since we have a stipulation on the value of the real estate, counsel are going to put a statement on the record which ultimately will be incorporated .into a final marital settlement agreement. Essentially the statement today will set forth the parties' stipulated value as to the real estate and the liens against the property which are to be subsequently verified as to ~he numbers put on the record with respect to the mortgage and the home equity loan. Counsel are also going to state on the record what they intend to do with regard to any outstanding issues that need to be resolved; namely, the personalty value. Counsel will set forth a plan in order to try to resolve that issue. In any event, by May 28, 2004, the Master will either have in his possession a final marital settlement agreement signed by the parties or will be advised that there is an issue with respect to the value and disposition of personalty which we will then have to be addressed at another conference or hearing. The stipulation that is going to be placed on the record today will be binding on the parties and counsel and will be used as the basis for the final comprehensive agreement. Present in the hearing room are tke Plaintiff, Tamara J. Slike, and her counsel John F. King, and the Defendant, Andrew E. Slike, and his counsel Debra A. Denison Cantor. The parties were married on February 13, 1982, and separated November of 2001. They are tke natural parents of three children. The Master assumes that the parties are going 2 to conclud~ the divorce under the no-fault provisions of the Domestic Relations Code and, therefore, directs that the parties file affidavits and waivers on or before May 28, 2004, so the divorce can go forward to conclusion under Section 3301(c). Mr. King. MR. KING: After extensive discussions between counsel and after extensive disGussions of each of the parties here today, Tamara J. Slike and A~drew E. Slike with their respective counsel, there has been some agreements which we are going to place on the record and indicate as a stipulation of each party to those terms for the eventual preparation of a marital settlement agreement which will incorporate these terms. 1. There is an agreement that the value of the marital residence will be placed at $375,000.00. 2, There is an agreement that the distribution of the marital estate will be a 55% distribution to wife and a 45% distribution to husband. 3. In addition to the distribution which will eventually be calculated on the marital residence there will be an additional $550.00 credited to Mrs. Slike which constitutes some certain sums That came from a home equity loan which were not utilized for uhe marriage. 4. The parties have determined and agreed that the only assets that are at issue in this marital estate are the marital residence as well as personalty. They have agreed and so stipulate that there are no other issues relating to retirement plans, 401(k) s, bank accounts or alimony, spousal support o~ anything of the like. There is a specific waiver by both parties for any claim for alimony, alimony pendente lite, or any future maintenance from each other. 5. Both parties have agreed that they will be responsible for their own attorney fees. 6. .Tke only remaining issue then is that of personalty. The parties agree that at the time of separation Mrs. Slike removed certain items of personalty from the home and also agree that certain items of personalty were left a~ the home. The'parties have agreed ~hey will retain the 'services of an appraiser and the appraisal company is Ibis Appraisals from Carlisle and that they will each arrange to have ail of the personalty in each of their respective homes appraised by that individual no later than Friday, May 21, 2004. Upon review of the report from that appraiser, the parties, through their counsel, will eitker reach a final agreement as to the distribution of the personalty or if they are unable to do that by May 2~, 2004, they will so inform the Master and ha~e that issue resolved by way of a subsequent conference or hearing. MS. DENISON CANTOR: The only other comment I would make with regard to the appraisals are that the parties are waiving their right to object to the values assessed by Ibis Appraisals, any objections may be of the nature of whether such property is marital or premarital, and each party will retain the assets in their possession at this time. With regard to the house, it is the husband's intent to retain the marital residence and wife will waive her right, title and interest to said residence. At the time of the execution of the marital settlement agreement, wife ~ill execute a special warranty deed prepared by husband's counsel transferring her interest to husband. Within thirty (30) days of the execution of the marital settlement agreement, husband shall make arrangements to either refinance or assume all obligations associated to the marital home. Said refinance or assumption shall remove wife from any and all obligations for repayments of those debts. Upon proof of removal from said obligations, husband shall be permitted to file the deed and transfer the interest in the home to his sole ownership. In the interim, husband shall be solely responsible for all .co,ts and expenses associated with the residence including but not limited to the payment of the mortgage, home equity loan, taxes and insurance. MR. KING: The parties further agree that in order to determltne the amount of monies'that will be paid over to wife for her 55% share of the real property there will be deducted from the $375,~00.00 valuation the amounts of $192,414.00 which represents the alleged current balance of the primary mortgage and $12,133.00 which represents the alleged balance of the home equity loan. Those two balances of ths primary and secondary debt on the real property will be verified by way of a request for payoff sheets from the respective loan organizations. The terms as explained by Ms. Cantor, once the marital settlement agreement is either amicably entered into between the parties or if needed, once a decision is made on the personalty by the Master, within thirty (30) days of that date steps will have been taken and payment will have been made to Mrs. Slike for the amounts owed under 5 this stipulation. THE MASTER: Mrs. Slike, have you heard the stipulation that is stated on the record today? MRS. SLIKE: THE MASTER: MRS. SLIKE: THE MASTER: Do you understand it? Yes. And are you in agreement with the terms of the stipulation? MRS. SLIKE: Yes. THE MASTER:. And you are willing to sign it and have it entered on the record? MRS. SLIKE: Yes. THE MASTER: Mr. Slike, the same questions to you. Have you heard the stipulation? MR. SLIKE: THE MASTER: MR. SLIKE: THE MASTER: Yes, i have. Do you understand it? Yes, I do. Are you willing to sign it and 6 make it part of the record in order to resolve the issues with respect to the equitable distribution claim? MR. SLIKE: Yes. WITNES~ ...... [.~/ · ' DebriS'. D.~ison Cantor AttWr~:,fbr Defendant DATE: Andrew E. Slike 7 ? "FI TAMARA J. SLIKE, Plaintiff Vo ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 : : CIVIL ACTION - LAW :DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 : : CIVIL ACTION - LAW :DIVORCE WMVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce 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. 4. 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. § 4904 relating to unsworn falsification to authorities. Date:~ ~]c~ Tamara J. Slgke, Plaintiff TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2001-6821 : : CIVIL ACTION - LAW :DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA · · SS: COUNTY OF DAUPHIN · Personally appeared before me, a Notary Public, in and for said Commonwealth and County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant's attor~a Denison Cagtor, Esquire, on December 2, 2001, as evidenced by the attalzl~d .A,~e~flmc, e,_af~Seryi6e. (~F. King, Esqi~~ Sworn and subscribed to before me this ~ day of O~ , 2004. TAMARA J. SLIKE, Plaintiff Vo ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 : : CIVIL ACTION - LAW : DIVORCE ACCEPTANCE OF SER VICE I accepted service of the Divorce Complaint on behalf of Defendant, Andrew E. Slike, on /~. r~.'~ ,~ /~"6~ , being authorized to do so. REAGER & ADLER, P.C. D6.?a De. son Can?r;,~E~qxuire 233 i 'Market Stree[ .) Camp Hill, PA 170i'i'-462~2c (717) 763-1383 TAMARA J. SLIKE, Plaintiff ANDREW E. SLIKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6821 : : CIVIL ACTION - LAW : 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service upon attorney for Defendant on December 2, 2001 as per Acceptance of Service. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaimiff, October 28, 2004; by Defendant, May 25, 2004. 4. Related claims pending: There are no related claims pending. 5. Date Plaimiff's Waiver of Notice was filed with the Prothonotary: October 29, 2004. Date Defendant's Waiver of Notice wa~~y: · JoJfll F. K'mg, Esquire (ytorney for Plaint~_~) May 26, 2004. IN THE TAMARA J. SLIKE, COURT OF COMMON OF CUMBERLAND COUNTY STATE OF _,~ PENNA. Plazntlff No. 2001-6821 PLEAS ANDRB]~ E. VERSUS SLII~, Defendant DECREE IN AND NOW, DECREED THAT DIVORCE Tamara J. Slike ,~~, IT IS ORDERED AND , PLAINTIFF, AND Andrew E. Slike ,. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, The attached Marital Settlement Agreement is incorporated but not merged, and made a part of this Decree in Divorce. 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; BY THE CO p : PROTHONOTARY