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HomeMy WebLinkAbout04-2245BRADFORD A BASEHORE, Plaintiff vs. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O4/- ~eZ4S C-.it~il,~~'2r'~l CIVIL, ACTION - AT LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. ff 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 maybe 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 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 mamage counseling. A list of mamage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Harrisburg, 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIIVD OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800)990-9108 BRADFORD A BASEHORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, P~~E}}NNS//YLVANIA SHERRIE L. BASEHORE, :CIVIL ACTION - AT LAW IN DIVORCE Defendant COMPLAINT IN DIVORCE AND NOW, comes the above captioned Plaintiff, Bradford A Basehore, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and seeks to obtain a Decree in Divorce from the above named Defendant, Sherrie L. Basehore, upon the grounds hereinafter set forth: 1. Plaintiff is Bradford A Basehore, an adult individual, who currently resides at 820 C Windsor Place, Mechanicsburg, Cumberland County, and State of Pennsylvania. 2. Defendant is Sherrie L. $asehore, an adult individual, who currently resides at 1708 Creek Vista Drive, New Cumberland, Cumberland County, and State of Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonweaith of Pennsylvania for a period of more than six (b) months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 6, 1997, in Cumberland County, Pennsylvania. 5. Neither plaintiff nor defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. The Plaintiff and Defendant are both Citizens of the United States of America. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. The plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce. Date:G ~~~ `~w ~~ Respectfully submitted, / ~ J D. Caraciolo, Esquire 2 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 BRADFORD A. BASEHORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. SHERRIE L. BASEHORE, :CIVIL ACTION - AT LAW IN DIVORCE Defendam : VERIFICATION I verify that the statements made in this Complaint for Divorce are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 5 ~~l v ~ Signature: ~~ ~~ Bradford A. Basehore BRADFORD A. BASEHORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA. vs. : No. SHERRIE L. BASEHORE, :CIVIL ACTION - AT LAW IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Divorce Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing a copy of he same, certified mail, return receipt requested, to the person named as follows: Sherrie L. Basehore 170 B Creek Vista Drive New Cumberland, PA 17070 Date: Q~~( 7~~ Res ectfully submitted, nt ~ ~~~ J D. Caraciolo, Esquire 2 08 Mazket Street, Aztec Building mp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (?17) 763-1800 ~ ~ ~~o l? ~ ~ tr 0 ~ _. f`~ tr tt~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRADFORD A. BASEHORE, Plaintiff vs. SHERRIE L. BASEHORE, Defendant * NO. 04-2245 * * * CIVIL ACTION -LAW * IN DIVORCE * * NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER S 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 2004, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements 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 /~~~~OG+ y.~zr~scl~<!' /~y~.~'~ Brad of rd A Basehore, Plaintiff fJ y _'i -j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRADFORD A. BASEHORE, Plaintiff vs. SHERRIE L. BASEHORE, Defendant * NO. 04-2245 * CIVIL ACTION -LAW * IN DIVORCE AFFIDAVIT OF SERVICE I, Joseph D. Caraciolo, hereby certify that I am this day serving a copy of the foregoing Affidavit upon the person and in the manner indicated below, which satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing the same in the U.S. postal service, postage prepaid, first class mail, addressed as follows: Sandra L. Menton, Esquire Tucker and Arensberg,P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 Respectfully submitted, Dated: ~ /~ f FOREMAN & FOREMAN, P.C. Joseph. CaCa a~iolo, Esq~ Attorney LD. o. 90919 6`h Flaor, Vete~s Building 112 Market Street Harrisburg, PA 17101-2015 (717)236-9391 -, _j , .-.r BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT LAW IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION AND NOW comes the Defendant, by and through her attorneys, Tucker Arensberg, P.C., and petitions this Honorable Court as follows: Plaintiff and Defendant are the joint owners as tenants by the entireties of real estate which is subject to equitable distribution by this court. 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Defendant requests the Court to enter a Decree: A. Equitably distributing all property owned by the parties hereto; B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG. P.C. Sandra L. Meilton, Esquire, No. 32551 111 North Front Street, P.O. Box 889 Harrisburg, PA 17108 (717)234-4121 Attorneys for Defendant, Sherrie L. Basehore VERIFICATION I, Sherrie L. Basehore, verify that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. S rrie L. Basehore DATED:__L~ CERTIFICATE OF SERVICE AND NOW, this C~~j_ day of ~~~~~lGt~ , 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 6`" Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 ~l'/, ~.i~-vim. Gloria .Rine 84523.1 -64. r "' 'n -n =~"~ r*"i ti9 d= r i ..... ~ ~~ N ~ ~ ~~yiri ,_. r ~~ ~-- __ v ~' BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): x (a) I do not oppose the entry of a divorce decree, after the economic issues are resolved. (b) I oppose the entry of a divorce decree because (Check {i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. x (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: a J `] ~ 'Q (y l/Y4t~ ~ `'l~fT7Y-~_ S RRIE L. B EHORE, Defendant NOTICE: IF YOU DO NOT W1SH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE AND NOW, this / ~ day of ~~`~!J/L Q~'C 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C., hereby certify that I have this day served a copy of the within Defendant's Counter-Affidavit under Section 3301(d), by mailing same by first class mail, certified mail with return receipt requested, postage prepaid, addressed as follows: Joseph D. Caraciolo, Esquire 6`" Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 ~ ~~ ~ ~~~,/Yw_ Gloria M. Rine 84519.1 ...n i_ i,' "I' __ i r O ;,J ~ti 1 BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW COMES, the Plaintiff, Carl Anthony, by and through his attorneys, Foreman & Foreman, P.C., and Joseph D. Caraciolo, Esquire, and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ()Annulment ( )Alimony ( )Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ( )Support ( )Counsel Fees ( )Costs and Expenses 1. Discovery is complete as to the claim for which the appointment of the master is required. 2. The defendant has appeared in the action by her attorney Sandra Meilton. 3. The statutory grounds for this divorce are 3301(d)(1) of the Divorce Code. 4. The action is contested and no agreement has been reached with respect to the disputed claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. ,~ Date: ~ ~ ~ ~ ~ ~ ;~ ~ ~~~ ~- Jo ph D. Car~iolo, Esquire Z Market Street, 6~ Floor arrisburg, PA 17101-2015 (717) 236-9391 Attorney ID No. 90919 c7 ~'`~ ~r Q C.. c ~ C.°~ ~ T7 r- ~ _ ~ ` f_` ~ ` W .._: 7 C`: -L? `'1'1 ~ s ,. ~.~ ~ BRADFORD A. BASEHORE, : IN THE COURT OF ($OMMON PLEAS Plaintiff :CUMBERLAND CO Y, PENNSYLVANIA v. SHERRIE L. BASEHORE, Defendant No. 04-2245 CIVIL ACTION - AT WIN DIVORCE Plaintiff files the following inventory of all property owned or~ossessed by either party at the time this action was commenced and all property transferred within a preceding three years. Plaintiff verifies that the statements made in this inventory az true and correct. Plaintiff understands that false statements herein are made subject to the pen lties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. ~(~ Baseho e (3~ 1. Real property (}~ 2. Motor Vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (~ 6. Savings accounts, money market and savings certificat ( ) 7. Contents of safe deposit box ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrey 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 ownE positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, work claim/awazd ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (J~ 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a toG itemized list if distribution of such assets is in dispute) ( ) 26. Other value and current and officer/duector s compensation plan vests) category and attach Plaintiff lists all marital property in which either or both spous interest individually or with any other person as of the date this action Item Description Names c Number of prnn~ AllQia2 s have a legal or equitable vas commenced: 1. 1708 Creek Vista Drive Bradfor A. Basehore New Cumberland, PA Sherrie .Basehore 2. 1997 Honda Accord Sherrie .Basehore 3. 2001 Fishing Pontoon Bradfor A. Basehore 4. 2001 Fisher Pontoon Boat Bradfor A. Basehore 5. 1999 Dodge Ram Truck Bradfor A. Basehore 5. UPS Qualified Stock Bradfor A. Basehore 6. Overseas Partners Investor Bradfor A. Basehore 7. Commerce Bank Account Bradfor A. Basehore 8. PNC Savings Account 9. CitiMortgage 10. Wachovia Bank, N.A. 11. UPS Savings Plan 12. Retirement Plan 13. Woodmen Life Insurance 14. Mitsubishi 52" TV 15. Weber Grill Sherrie .Basehore Sherrie .Basehore Bradford A. Basehore Sherrie .Basehore Bradford A. Basehore Bradford A. Basehore Bradford A. Basehore Bradford A. Basehore Bradford A. Basehore Sherrie Basehore Bradford A. Basehore Sherrie IL. Basehore 16. Assorted hand guns and shotguns 17. Beermeister Refrigerator Bradfor A. Basehore Sherrie .Basehore Bradfor A. Basehore Sherrie .Basehore Plaintiff lists all property in which a spouse has a legal or claimed to be excluded from marital property: Item Description Reason for 1. 4808 Winsford Road Purchased after Harrisburg, PA 17109 2. Sony 32" TV 3. Bedroom furniture, living room furniture, kite 4. Purchased home in August of 2005 at 4808 R PRnPF,RTY TRANCFF.RRFII Item Description Date of Consid- Lhimher ~f p*np~ Transfer eration 5 UPS Stock 07/27/06 Nonmari 536 shares ($38,971.52) interest which is n furniture ston Road Person to Whom TrancfPrreti sold 17 Beermeister 01/2004 Nonmarikal sold $250.00 Item Description Names of ames of I.~Il1mI1Cr of pr~n~ all t,reclitnrc 1708 Creek Vista Drive New Cumberland, PA Citimortgage d A. Basehore L. Basehore 2. UPS Equity Line of Credit Wachovia l~radford A. Basehore BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT i CUMBERLAND C No. 04-2245 CIVIL ACTION - I, Joseph D. Caraciolo, Esquire, hereby certify that on the and correct copy of the foregoing Inventory upon the following postage prepaid, in the United States Mail, addressed as follows: Sherri L. Basehore, Defendant C/o Sandra L. Meilton, Esquire Tucker and Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 ~~ 7 ~/ J ph D. Caraciolo, Esquire 2 Market Street, 6`s Floor eterans Building Harrisburg, Pennsylvania 1710] Date: G~ ~-Fr c4 ID# 90919 Tel. (717) 236-939 COMMON PLEAS NTY, PENNSYLVANIA LAW IN DIVORCE date, served a true counsel by depositing same, 15 n ~; =; t. ~ _~ ~1~ ~ , c} ; r , _z, . _, -~~ ;.,~ r <~~ =~ ~_:~ ~ v BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF CUMBERLAND CC No. 042245 CIVIL ACTION - AT ORDER OF COURT AND NOW, this ~ p~ day of 2006, Esquire is hereby appointed Master in Divorce. BY THE p~° 0~' ON PLEAS PENNSYLVANIA IN DIVORCE J ~, a ~, ~,>; ~,r,, ~ _ m ~ _y ~ -c 7 <~.' =" =, 23 '"' ~ t> , „ tib -G BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 : CIVIL ACTION - AT LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF SHERRIE L. BASEHORE I, Sherrie L. Basehore, file the following inventory and appraisement 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. I verify that the statements made in this inventory and appraisement 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. ie L. Basehore, Defendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the fol lowing pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options () 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (x) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities () (x) O () O O () () (x} 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits -severance pay, workman's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. MilitaryN.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26. Other MARITAL PROPERTY Defendant 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 Number Description of Property Names of all Owners 1. Marital appreciation in real estate located at 1708 Creek Vista Drive, New Cumberland, PA Joint 2. 1997 Honda Accord Wife 2. 2001 Fishing Pontoon Boat Husband 2. 1999 Dodge Ram Truck Husband 3. UPS Qualified Stock Husband 3. UPS Stock dividends Joint 3. Capitol Loss Carryover Joint 3. Overseas Partners Investor Husband 5./6. Miscellaneous Checking and Savings Accounts Joint 9. Woodmen Life Insurance Husband 18. UPS Savings Plan Husband 18. UPS Retirement Plan Husband 18. PMSLIC 401(k) Wife 18. PMSLIC defined benefit plan Wife 25. Household Goods Joint NON-MARITAL PROPERTY Defendant lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Name of Reason for Item Number Description of Property all Owners Exclusion 1. 1708 Creek Vista Drive Wife Pre-marital and New Cumberland, PA 17070 post-separation 1. 4808 Winsford Road Husband post-separation Harrisburg, PA 17109 5./6. Miscellaneous bank accounts Husband pre-marital and post-separation 5./6. Miscellaneous bank accounts Husband pre-marital and post-separation 18. Appreciation in retirement Wife pre-marital and accounts and stock post-separation 18. Appreciation in retirement Wife pre-marital and accounts and stock post-separation PROPERTY TRANSFERRED Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item Number Description of Property Names of all Owners 3. UPS stock (information is with Husband) Husband LIABILITIES OF PARTIES Defendant lists all liabilities of either or both spouses alone or with any person as of the date action was commenced: Name of Names of Description of Debt Creditor All Debtors Mortgage on 1708 Creek Vista Drive, Citimortgage Joint New Cumberland, PA 17070 UPS Equity Line of Credit Wachovia Husband CERTIFICATE OF SERVICE AND NOW, this OZ~ ~ day of Oc`~'`~'J~-~ , 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Tucker Arensberg, P.C., hereby certify that I have, this day, served the within Inventory and Appraisement on counsel for Plaintiff by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Joseph D. Caraciolo, Esquire Veterans Building 112 Market Street, 6th Floor Harrisburg, PA 17101-2015 ~- ~ ~_ Gloria M. Rine 87673.1 L~ c~- ~ -,-a -~ ,` c~-~ ~ { ~ _-- . te ~~ ~; ~; r -, ' ~ -~-; ~ -~' _ - r- ~ ~ ~= -- •- BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT LAW IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Defendant submitted pursuant to Pa. R.C.P. No. 1920.31. andra L. Mei on Attorney for Defendant (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on pages 8 and 9 of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF SHERRIE L. BASEHORE INCOME Employer: PMSLIC Address: 1700 Bent Creek Blvd, Mechanicsburg, PA 17055 Type of Work: Claims Administrator (Level 1) Payroll Number: 89685 Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax FICA MC Life Insurance Other (specify) SUI 401K $ 1,840.89 $ 252.08 114.14 (FICA SS) 26.64 56.40 26.69 3.90 (GTLI 1.66 91.85 Net Pay per Pay Period: Other Income: Interest/Dividends Pension/Annuity Social Security Rents/Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Tota TOTAL INCOME $ 1,267.53 Week Month Year (Fill in Appropriate Column) $ $ $ $ $ $ $ 2,746.32 monthly net ($1,267.53 x 26 = $32,955.78 _ 12 = $2,746.32 net per month) EXPENSES Home Mortgage/rent Maintenance Cable Electric Gas Oil Telephone Water Sewer Employment Public Lunch Taxes Real Estate Personal Silver Springs EMSJOccupational Insurance Homeowners Automobile Weekly Monthly Yearly (Fill in Appropriate Column $ $ 759.07 $ 125.00 1,500 83.61 100.00 67.93 30.00 28.50 342.00 $ $ $ $ $ w/mort. $ 1,632 52 w/mortgage 341.00 Life Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Religious Weekly Monthly Yearly (Fill in Appropriate Column) payroll $ $ deduction $ $ $ $ 75.00 41.67 500 $ $ 2.50 $ 30 20.84 250 $ h Weekly Monthly Yearly (Fill in Appropriate Column) Personal Clothing Food Barber/hairdresser Credit payments Credit card Charge account Memberships (AAA) Loans Credit Union Association Fee Miscellaneous Household help Child care Papers/books/magazines Entertainment Pay TV (Cable) Vacation Gifts $ $ 150.00 $ 300.00 _ 75.00 _ 50.00 _ 3.34 $ $ $ 95.00 _ $ $ $ 8.34 100.00 41.67 83.34 100 500 1,000 Legal fees Charitable contributions Other child support Alimony payments Other Veterinarian TOTAL EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) $ $ 450.00 $ 25.00 300 166.67 2,000 $ $ 2,882.48 $ PROPERTY OWNED Description See Inventory and Checking accounts Ap raisement See Inventory and Savings accounts Appraisement See Inventory and Credit Union Appraisement See Inventory and Stocks/bonds A raisement _ See Inventory and Real estate Appraisement See Inventory and Other Appraisement Ownership* Value H W J TOTAL *H=Husband; W=Wife; J=Joint INSURANCE Company Hospital Blue Cross PEBTF Other Medical Blue Shield Other Health/Accident Disability Income United Concordia Dental PPO Advantage Plus Other Policy Coverage* No. H W C PFP80046221101 X X X X H=Husband; W=Wife; C=Child I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. §4904 related to unsworn falsification to authorities. S e L. Ba ore I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. ~'/~.~' andra L. eilto Attorney for Defendant CERTIFICATE OF SERVICE <~ AND NOW, this ~ day of D~ ~~ , 2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Tucker Arensberg, P.C., hereby certify that I have, this day, served the within document on counsel for Plaintiff, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Joseph D. Caraciolo, Esquire Veterans Building 112 Market Street, 6th Floor Harrisburg, PA 17101-2015 ~ ~ f ~ ~~ Gloria M. Rine 87674.1 c~ ~ ~ -~- ` c~ ~ ~ c N ; a ~~ ~a -L ` -,r,_ ~3 ~~ r • ~ ,~.• -~ BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant :1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT LAW IN DIVORCE PT.ATNTTFF'~ AFFTnAVTT nF C.nN,r,F.NT TTNnF.R SF,(''TinN 'T~O1 ~) nF THF, nTVnR("F, ("nDF. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 18, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety 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. 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: ~ ~ ~ Signature: BRA FORD A. B SEHORE ~ ~ - ~ ~, n 4 ~ -! - ~ -~ ~ ~ ~.~s ~ W ~1,~ j~ "~C~S Y ~- ~ ~ ~:..~ ~ J t~i 1 ~_ ,, , '~ / ~ •-G. L;87 BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT LAW IN DIVORCE pi AiNTiFF'4 WAiVF.R nF NnTiC'F nF iNTF.NTinN Tn RF IJF.RT F,NTRY nF A niVnR('F, nF.[:'RFF. iTNi)FR 4FC'TinN 3301(S~ nF THE DiVf1RC'F, C'nnF, 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: ~ ~~ o ~ Signature: ~ B FORD A. BASEHORE ~ ~ f, .E ~ , --~ ~ -r, m ~. ~' ~~, ~' =-~ .~- _~ ~ ~ SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonna,dzmm~law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADFORD A. BASEHORE Plaintiff No. 04-2245 Civil Term CIVIL ACTION -LAW SHERRIE L. BASEHORE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 18, 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~/- ~ ~` 0 7 Sherrie L. Baseh e, Defendant d i ~-" `~ ~ r~ ~t7 ~'" ` c.~ ~. ~_ ._ -t3 "-r..i c ~LL ~ ,:~; m " ( {~ ~'~ ~ ~ y SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton~dzmm~law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADFORD A. BASEHORE . Plaintiff No. 04-2245 Civil Term CIVIL ACTION -LAW SHERRIE L. BASEHORE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE_ DECREE UNDER & 3301(cl 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. 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: y, j~? d 7 -`~~~-I ~ Sherne L. Basehore, Defendant ~ ~ ~ ..~ _. t..... i -_ l •. .y' _ iI ~$Y • r; h '` BRADFORD A. BASEHORE, Plaintiff vs. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 04 - 2245 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this a ~~ day of 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 18, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~1 G Edgar B. Bayley, P.J. cc: .~seph D. Caraciolo !/Attorney for Plaintiff ~andra L. Meilton Attorney for Defendan V ,~ cx~ c*~ -~.-. ~- ;?' 4- ~x .-r ~~ ~L {=_, le~_ ..j {', i y ~. .. ~ Lt.i .v ; ~_i l r8.. _ ~. N =~ MARITAL SETTLEMENT AGREEMENT ~~~ ~ n THIS AGREEMENT, Made this ~~ day of , '~ ~. , 2007, by and between BRADFORD A. BASEHORE, hereinafter referre to as "Husband", and SHERRIE L. BASEHORE, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 6, 1997; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have .arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of aH marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Joseph D. Caraciolo, and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: SEPARATION: It shall be lawful for each party at ail times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on January 15, 2004, 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 Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on January 15, 2004, 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as foNows: -2- Description of Debt Responsible Party Mortgage on marital residence Wife with Citimortgage UPS Hypothecation Loan Husband Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marita! counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seg,, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for Husband and second marriage for Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capita( 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 the marital property, including the contribution of each spouse 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. - 3 - The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, alt items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Properly shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any - 4 - deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: Husband agrees to transfer to Wife immediately upon the signing of this Agreement, all of his interest in and title to their jointly-owned real estate at 1708 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania, subject to the mortgage given to Citimortgage in exchange for which Wife agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. The deed to said property shall be held in escrow by Wife's attorney, Sandra L. Meilton, Esquire, until such time that Wife refinances the property so as to eliminate Husband from any obligation on the mortgage. The refinancing shall be accomplished within one hundred twenty (120) days of the signing of this Agreement. When Wife is able to accomplish said refinancing, then Wife's attorney shall release the deed from escrow in order to consummate said refinancing. Ail costs of refinancing shall be Wife's responsibility. Pending refinancing, Wife agrees to be solely responsible for the payment of the mortgage payments, taxes, insurance and utility bills relative to said real estate and agrees to indemnify and hold Husband harmless from any responsibility thereunder. The said conveyance shall be free of all liens and clear of all encumbrances and shall be under and subject to any covenants and restrictions of record. C. UPS STOCK: The parties acknowledge and agree that Husband owns UPS stock, 2,285 shares of which are marital property. Husband agrees to transfer 600 shares of UPS stock to Wife immediately upon the signing of this Agreement. The parties agree that the divorce will not be finalized until after the transfer of stock has been completed. The parties acknowledge that after the 600 shares of stock are transferred to Wife, the remaining shares of UPS stock shall be Husband's sole and exclusive property, free and clear of any right, title, claim and/or interest of Wife. - 5 - D. HYPOTHECATION LOAN -UPS STOCK: Husband agrees to be fully responsible for repayment of the Stock Equity Line of Credit which had an original credit limit of $38,000.00 (herein referred to as the "hypothecation loan"). Moreover, Husband shall hold Wife, and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees, which may be incurred in connection with Wife's non-payment of said hypothecation loan. E. 2001 FISHING PONTOON BOAT: The parties agree that the 2001 Fishing Pontoon Boat shall become the sole and exclusive property of Husband and Wife hereby relinquishes any and all right, title, claim and/or interest she has or had in said boat. The title to the said boat shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to Husband on the distribution date. F. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. PENSION AND RETIREMENT PLANS: The parties acknowledge that Husband is currently employed by the Commonwealth of Pennsylvania, Department of Corrections and has a SERS retirement plan and that Wife is currently employed by PMSLIC and has a 401(k) and a defined benefit plan with said employer. The parties further agree that Husband has a UPS qualified stock plan and a UPS defined benefit plan. - 6 - It is agreed that Husband and Wife shall each be deemed to be in the possession and control of his or her own retirement plans. Except as provided herein, Wife agrees to waive all of her right, title and interest to Husband's said retirement plans and stock plan and to sign any and all documents necessary to enforce this provision. Husband agrees to waive all of his right, title and interest to Wife's said retirement plans and to sign any and all documents necessary to enforce this provision. 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1997 Honda Accord shall become the sole and exclusive property of Wife, free and clear of all liens and encumbrances; (b) the 1999 Dodge Ram Truck shall become the sole and exclusive property of Husband, free and clear of all liens and encumbrances; (c) the 2007 Toyota FJ Cruiser shall become the sole and exclusive property of Husband, free and clear of all liens and encumbrances; and (d) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 10. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 11. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are -~- fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Bath 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 from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said -a- 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 17. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals be third party beneficiaries of this Agreement at this time or at any time in the future. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - 9 - 19. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and frnal settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. se . or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. - 10 - 22. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. - 11 - 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. 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. 28. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN ,WITNESS V1/HEREOF, Seals the day and year first abov~`written. ~~ ~. ~' f, ~ ~_ ;' ~~ ~,,~ :i / , ~..,' ~~, ,~-- `" - ~ ~. 2~ the parties hereto have set their Hands and ;, ~ ~ ~ ~~~` (SEAL) Bradfor A. Basehore ~~~~~ AL ~ ) Sherrie L. Basehore - 12 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ I~! ' t~F-f l l\I SS: On this, the +- ~'tf' day of ~ P ~ 1 L- , 2007, before me, a Notary Public, the undersigned officer, personally appeared Bradford A. Basehore, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement 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 PENiVSYLVANIA NOI~ARIAL SEAL NANCY H. ALGER, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 17, 2010 ~ , Nota Pub COMMONWEALTH OF~.~~PENNSYLVANIA COUNTY OF ~~'~%-f? ~ ~` SS: ~~~~~ , rl., +hin +ho .dw of -J/! ~ ~nm hcfnrc me, a Notary Public, the undersigned officer, personally appeared Sherrie L. Basehore, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '~ r ,~ ;~ Nov~sw. ,. ~ ~ ~~ ' ` r~oaa-M• aiNe Notary Public an of w~. o couNrr My Commf~lon Explrs~ Nov b, 2007 ,. '~ MARITAL SETTLEMENT AGREEMENT /~~`~ ' THIS AGREEMENT, Made this day of ~~ , 2007, by and between BRADFORD A. BASEHORE, hereinafter referre to as "Husband", and SHERRIE L. BASEHORE, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 6, 1997; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and properly rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Joseph D. Caraciolo, and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on January 15, 2004, 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 Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on January 15, 2004, 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: - 2 - Description of Debt Responsible Party Mortgage on marital residence Wife with Citimortgage UPS Hypothecation Loan Husband Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seg, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for Husband and second marriage for Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions 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 the marital property, including the contribution of each spouse 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. - 3 - The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of .this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any - 4 - deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: Husband agrees to transfer to Wife immediately upon the signing of this Agreement, all of his interest in and title to their jointly-owned real estate at 1708 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania, subject to the mortgage given to Citimortgage in exchange for which Wife agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. The deed to said property shall be held in escrow by Wife's attorney, Sandra L. Meilton, Esquire, until such time that Wife refinances the property so as to eliminate Husband from any obligation on the mortgage. The refinancing shall be accomplished within one hundred twenty (120) days of the signing of this Agreement. When Wife is able to accomplish said refinancing, then Wife's attorney shall release the deed from escrow in order to consummate said refinancing. All costs of refinancing shall be Wife's responsibility. Pending refinancing, Wife agrees to be solely responsible for the payment of the mortgage payments, taxes, insurance and utility bills relative to said real estate and agrees to indemnify and hold Husband harmless from any responsibility thereunder. The said conveyance shall be free of all liens and clear of all encumbrances and shall be under and subject to any covenants and restrictions of record. C. UPS STOCK: The parties acknowledge and agree that Husband owns UPS stock, 2,285 shares of which are marital property. Husband agrees to transfer 600 shares of UPS stock to Wife immediately upon the signing of this Agreement. The parties agree that the divorce will not be finalized until after the transfer of stock has been completed. The parties acknowledge that after the 600 shares of stock are transferred to Wife, the remaining shares of UPS stock shall be Husband's sole and exclusive property, free and clear of any right, title, claim and/or interest of Wife. - 5 - D. HYPOTHECATION LOAN -UPS STOCK: Husband agrees to be fully responsible for repayment of the Stock Equity Line of Credit which had an original credit limit of $38,000.00 (herein referred to as the "hypothecation loan"). Moreover, Husband shall hold Wife, and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees, which may be incurred in connection with Wife's non-payment of said hypothecation loan. E. 2001 FISHING PONTOON BOAT: The parties agree that the 2001 Fishing Pontoon Boat shall become the sole and exclusive property of Husband and Wife hereby relinquishes any and all right, title, claim and/or interest she has or had in said boat. The title to the said boat shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to Husband on the distribution date. F. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. PENSION AND RETIREMENT PLANS: The parties acknowledge that Husband is currently employed by the Commonwealth of Pennsylvania, Department of Corrections and has a SERS retirement plan and that Wife is currently employed by PMSLIC and has a 401(k) and a defined benefit plan with said employer. The parties further agree that Husband has a UPS qualified stock plan and a UPS defined benefit plan. - 6 - It is agreed that Husband and Wife shall each be deemed to be in the possession and control of his or her own retirement plans. Except as provided herein, Wife agrees to waive all of her right, title and interest to Husband's said retirement plans and stock plan and to sign any and all documents necessary to enforce this provision. Husband agrees to waive all of his right, title and interest to Wife's said retirement plans and to sign any and all documents necessary to enforce this provision. 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1997 Honda Accord shall become the sole and exclusive property of Wife, free and clear of all liens and encumbrances; (b) the 1999 Dodge Ram Truck shall become the sole and exclusive property of Husband, free and clear of all liens and encumbrances; (c) the 2007 Toyota FJ Cruiser shall become the sole and exclusive property of Husband, free and clear of all liens and encumbrances; and (d) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 10. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 11. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are -~- fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX PRIOR RETURNS: The parties have heretofore filed 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 from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said -s- 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 17. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals be third party beneficiaries of this Agreement at this time or at any time in the future. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - 9 - 19. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. -io- 22. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 23. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. - 11 - 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. 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. 28. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITN Seals th day d year i ,' a F, the parties hereto have set their Hands and (SEAL) Bradfor A. Basehore G~ r L) Sherrie L. Basehore - 12 - COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Df~IJ t +-~I ~ ~ SS: On this, the th day of ~ P R I L_ , 2007, before me, a Notary Public, the undersigned officer, personally appeared Bradford A. Basehore, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MONWEALTH OF PENNSYLVANIA ~ _~- COM NOTARIAL SEAL Nota Pub NANCY H. ALGER, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 17, 2010 COMMONWEALTH OF PENNSYLVANIA ) ~Cvy ~,~ ( SS: COUNTY OF ~~ ) ~~ 1 ~ On this, the ~ day of ~ , 2007, before me, a Notary Public, the undersigned officer, perso ally appeared Sherrie L. Basehore, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r ~ ~ rto~-M. ~ Notary Public aaav~ cmoF wu~. oru~~ c~ouNnr ~ CommMibr- ExpMst Nov 6.2007 ~-} c°? C~ ~:~: ~ -~t ~.. ' ~ ~n ~°~ - r :..~. ~ ~ i~l ~' _ i• J .. ~ . -,-,-J .:: - T ..+i J -. ~'ii ~~ ..(~ `~ ..«j a- ~:>s•~3~c ~~.~> .~ - - ~ ~ '3~ ' Pc.=.Tmark ~ ~ P,r-_tum Recr~CJt C~ee ' ~ r { Her i ~ " ~ O ea qu, iEnax ~rrert r NPCt Mrt Y iJ~ a '-F ~ ~ ; ~ y i. ~ ~ ~ 'I Q i~fl CiRt P.tr{t~ilt ~C (7 it Vft? ~~ ! G n ~ Total Postage ~ Fees ~~ ~j ~ / ~~ ~`_ t~~~- 1 ~_ __ ~ ~ ~it 'i~ Q F,freet, P.p!. tJc.; or ~ ~ fear, rJ,~, _-~--~ _ - Q ~ City "Cate .=IP- N i c. SEND R: I also wish to receive the foliow- 0 CompM a items 1 and/or 2 for additional services, ing Services (for an extra fee): Comp, to items 3, 4a, and 4b. ^ Print 5~ ur name and address on the reverse of this form so that we can return this card t vou. 1 • ^ Addressee's Address ^ Attac this form to the front of the mailpiece, or on the back if space does not permit. 2• ~ Restricted Delivery ^ Write "Return Receipt Requested" on the mailpiece below the article number. _ ^ The Return Receipt will show to whom the article was delivered and the date p delivered, ~ 3. Article Addressed to: d o- Q ~1X Ni' (.~~(.lILGcG/~.~f~:><'t1~G / I ~ ~ t~~ f O ~ 5. R ived By: (Print lva e) f- tl.~~; 0 6. nature {Addressee or Agent) N 4a. Article Number 7~ ~~ ~~,~ia 5~'~~6 9 ~~~7 4b. Service Type ^ Registered ~ertified ^ Express Mail ^ Insured ^ Return Receipt for M$rchandise ^ COD -.-~ 8. Add fee's A~IdresSf (Only if requested and fee s paid) ai .~ d N a .~ U d tr d LL c .y 0 ~. 0 x c m L t- PS Form 3811, December ~ 994 tozsys-ss-B-o22s Domestic Return Receipt ACC~°~'fC~~.CP ~ ~e~,vte2. ~ ~ t:.: ---~+ ,~.~ ::'~~ ~ --t'i fi :~ , i'3 fi ~? --~-i ~~ _ ~...;i ~ BRADFORD A. BASEHORE, Plaintiff v. SHERRIE L. BASEHORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2245 CIVIL ACTION - AT 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 X 3301(c) or 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail Restricted Delivery signed by Defendant on 5/24/2004 filed to the above term and number on May 20, 2004, copy of which is attached hereto. 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code by Plaintiff: Apri120, 2007 by Defendant: April 18, 2007 A.2 Date of filing of Plaintiffs and Defendant's Waiver of Notice of Intent: by Plaintiff: Apri130, 2007 by Defendant: Apri130, 2007 4. Related claims pending. Please, incorporate without merging the attached Marital Settlement agreement of the parties into the Divorce Decree. B.1 Date of execution of the Plaintiffs Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: ,P Date: d ~ / o ~ U Jos D. Car"aciolo,~quire 1 Market Street, 6~' Floor 'sburg, Pennsylvania 17101 ID# 90919 Tel. (717) 236-9391 t ~ ~- ~ C~ r~ --j -- .. ~,i -~,~ r "[7 ~ --~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ,~' _ ~• Bradford A. Basehore N o. fl4-2245 zoo? VERSUS Sherrie L Basehore DECREE IN D[VORCE AND NOW, ~ \ 0.V `~ 207 IT IS ORDERED AND DECREED THAT Bradford A BaGPhore PLAINTIFF, AND Sherrie L. Basehore DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement attached hereto is incorporated, but not merged with, this Decree A F_. T.._ .. ..,._..~_ ~. yr s °."ro'~ . .~` ~ , ~ +