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HomeMy WebLinkAbout01-0715PHILLIP H. RAMEY, Plaintiff SUSAN E. RAMEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA :NO. Ot -- ?/£ : CIVIL ACTION - LAW : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. ~ 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. II~ 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 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 A, ttx~e~'ntiff ~ PHILLIP H. RAMEY, Plaintiff SUSAN E. RAMEY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. 0/- : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAIl~ABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor fi.om this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary PHILLIP H. RAMEY, Pla'mtiff V. SUSAN E. RAMEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA ; :NO. : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Phillip H. Ramey, who currently resides at 8 Stratford Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Susan E. Ramey, who currently resides at 8 Stratford Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 12, 1984, in Minneapolis, Minnesota. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9, The Plaintiffhas been advised of the availability of cotmseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since January 26, 2001. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DURKIN & CONNELLY Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are tree 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. PI~ILLIP II. RAMEY, PI ,AINTIFF SUSAN F.. RAMEY. DEFENDANI' IN TFIE COURT OF COMMON PLEAS : CU~VlBERLAND COUNTY, PENNSYI,VANIA NO. 01 715 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AUCEPTANCE OF SERVICE L I,cRoy Smigcl, ESqtlirc, acrcpt sen'ice of the Complaint in Divorce on behalf of my clicnl, Susan E. Ramcy, i)cl'cndanl, lhercin. I,eRoy Smigel, Esquire Attorney for Defendanl 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 ,~o LAW OFFICE .................. JAMES, SMITH, DURKIN & CONNELLY, LLP ~,oAmsx You P.O. BOX 650 nv __ HERSHEY, PENNSYLVANIA 17033-0650 PHILLIP H. RAMEY, Plaintiff SUSAN E. RAMEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 715 CIVIL TERM : : CiVIL ACTION - LAW : 1N DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 5, 2001. 2. The maniage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswOmDate: ~-~q6p-ggtt falsification to authori ti es.~d'/J-/~~D''~I. ~)~ 5D'd/7~/~' ' Pfiillip Ramey, plaintiff ~//''' - / To LAW OFFICE ~N%~o%~°~s or SEXY,CE .~,E~"'----~ JAMES, SMITH, DURKIN & CONNELLY, LLP AGA[NST YOU E O. BOX 650 8Y HERSHEY, PENNSYLVANIA 17033~0650 PHILLIP H. RAMEY, Plaintiff SUSAN E1 RAMEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 715 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights conceming 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.A. Section 4904, relating to unsworn falsification to authorities. Date: Phillip H. ~amey, Plaintiff / /LRS/v[IT/AFFD OF CONSENTJun~ 27. 2001 10:46 AM PHILLIP H. RAMEY, PLAINTIFF V. SUSAN E. RAMEY, : IN THE COURT OF COMMONS PLEAS : CUMBERLAND COUNTY, PA NO. 01-715 CIVIL TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 5, 2001. 2. The marriage of Pla'mtiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree and correct, 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: SUSAN E. RAMEY, ~ll~gt,, x[~D~I~R~,OI~ & SACK~, 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA ~ 7110-1223 PHILLIP H. RAMEY, PLAINTIFF V. SUSAN E. RAMEY, DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 01-715 CIVIL TERM CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ,~EC~ON 3301(e) OF 'iHY, 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 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 verif~ 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, Date: SUSAN E. RAMEY, 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 PHILLIP H. RAtvlEY, PLAINTIFF SUSAN E. RAMEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 715 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE ACCEPTANCE OF SERVICE I, LeRoy Smigel, Esquire, accept service of the Complaint in Divorce on behalf of my client, Susan E. Ramey, Defendant, therein. Date: LeRoy Smigel, Esquire Attorney for Defendant 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LLP ~ ~.~ ~.~ co..~ PHILLIP H. RAMEY, Plaintiff : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. :NO. 91- SUSAN E. RAMEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER SOCIAL SECURITY NUMBERS TO THE PROTHONOTARY: Please enter the following social security numbers in the above-captioned divorce action: Phillip H. Ramey- 293-54-5384 Susan E. Ramey - 477-54-5741 JAMES, SMITH, DURKIN & CONNELLY LLP Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 HARRISBURG, PENNSYLVANIA 17110 1223 PHILI,IP H. RAN4~cY. PI.AINTIFF S/!SANI.RAML'I. I)EFENDAN F : IN l-lIE C(){~RT OF COMMON PLEAS : ('l ]MBERLAND ('C)[]NTY, ?ENNSYI.V,\NIA :NO.I)I 71~ (l\l[ TI!RM :('IX/IL AC] I()N - : IN DIVORCE PI~.AI (IP ~ FOI: FNTRY OF APPEARANCE '10 THE PP, OTHONO'I ARY l,lalllCy, in t. hc abox c-captii3ned action. Please cmcr ibc appcarancc o[' LcP, oy Smigc[, Esquire Oll behalf of lhe Dcl'elldant. Susan E. l.cRoy Smigel, Esquire Attorney lbr l)ctkndant 2917 North Front Strcei Harrisburg, PA 17110 (717) 234-2401 AVL/¢jw/QDRO/October 19, 2001 2:50 PM PHILLIP H. RAMEY, PLAINTIFF SUSAN E. RAMEY, : DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 01-715 CIVIL TERM CIVIL ACTION - DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER This Order ("Order") is intended to constitute a qualified domestic relations order pursuant to Section 414(p) of the Internal Revenue Code with respect to the following tax-qualified retirement plan of New England Life Insurance Company or its affiliates: The New England Agent's Retirement Plan (the "Plan") and any successor thereto. The Participant whose benefits in the Plan are assigned by this Order is Phillip H. Ramey, Social Security No. 293-54-5384, and whose mailing address is 31 Logan's Run Road, Enola, PA 17025 The Alternate Payee to whom benefits in the Plan are assigned by this Order is Susan E. Ramey, Social Security No. 477-54-5741, and whose mailing address is 8 Stratford Lane, Mechanicshurg, PA 17050. The Plan is hereby ordered, as soon as administratively practicable, to transfer and assign from the Participant's account to an account to be established and held under the Plan for the benefit of the Alternate Payee an amount equal to 65% of the Participant's current account balance provided there have been no withdrawals from the account since June 28, 2001. If there have been withdrawals from the account then 65% of the balance as of June 28, 2001 shall be transferred or assigned to Alternate Payee subject to market changes between June 28, 2001 and the date the account is divided. The account shall be divided so that the Alternate Payee is transferred or assigned 65% of each fund within the account. The Alternate Payee shall be entitled to receive payment of benefits from the assigned account in any form allowed under the terms of the Plan at the time benefits to the Alternate Payee are to begin, with the exception of a joint and survivor annuity with a new spouse of the Alternate Payee as the joint annuitant. At the election of the Alternate Payee, such benefit payments may begin on any date on or after the date Participant attains or would have attained the earliest retirement age under the Plan, as defined in Internal Revenue Code Section 414(p)(4)(B). The Alternate Payee shall have the same death benefits and beneficiary designation rights and investment powers with respect to the assigned account, if any, as a single participant under the Plan. 6. This Order is not intended to require the Plan to provide any type or form of 5956-1-4 benefits or any option not otherwise provided by the Plan, nor to require the Plan to provide for increased benefits not required by the Plan. This Order is not intended to require the Plan to provide benefits to the Alternate Payee that are required to be paid to another alternate payee under the terms of another qualified domestic relations order previously issued. The Court of Common Pleas of Dauphin County, Pennsylvania shall retain jurisdiction to amend this Order but only for the purposes of establishing it or maintaining it as a Domestic Relations Order, provided however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan and further provided that no such amendment will invalidate this Order. CONSENT TO ORDER: ATTORNEY FOR DEFENDANT/ ALTERNATEsi~ P~YEE~ Date DEFENDANT / ALTERNATE PAYEE Signature Date ATTORNEY FOR PLAINTIFF/ PARTICIP~ PLA~F/Ft¢ l PARTICIPANT Date EXECUTED this /5'~ day of ,2oo~ AVL/cjw/QDRO/October 19, 200I 2:48 PM PHILLIP H. RAMEY, SUSAN E. RAMEY, PLAINTIFF : V. : DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 01-715 CIVIL TERM CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order ("Order") is intended to constitute a qualified domestic relations order pursuant to Section 414(p) of the Internal Revenue Code with respect to the following tax-qualified retirement plan of New England Life Insurance Company or its affiliates: The Agent's Deferred Compensation Plan (the "Plan") and any successor thereto. The Participant whose benefits in the Plan are assigned by this Order is Phillip H. Ramey, Social Security No. 293-54-5384, and whose mailing address is 31 Logan's Run Road, Enola, PA 17025. The Alternate Payee to whom benefits in the Plan are assigned by this Order is Susan E. Ramey, Social Security No. 477-54-5741, and whose mailing address is 8 Stratford Lane, Mechanicsburg, PA 17050. The Plan is hereby ordered, as soon as administratively practicable, to transfer and assign from the Participant's account to an account to be established and held under the Plan for the benefit of the Alternate Payee an amount equal to 65% of the Participant's current account balance provided there have been no withdrawals from the account since June 28, 2001. If there have been withdrawals from the account then 65% of the balance as of June 28, 2001 shall be transferred or assigned to Alternate Payee subject to market changes between June 28, 2001 and the date the account is divided. The account shall be divided so that the Alternate Payee is transfen'ed or assigned 65% of each fund within the account. The Alternate Payee shall be entitled to receive payment of benefits from the assigned account in any form allowed under the terms of the Plan at the time benefits to the Alternate Payee are to begin, with the exception of a joint and survivor annuity with a new spouse of the Alternate Payee as the joint annuitant, At the election of the Alternate Payee, such benefit payments may begin on any date on or after the date Participant attains or would have attained the earliest retirement age under the Plan, as defined in Internal Revenue Code Section 414(p)(4)(B). The Alternate Payee shall have the same death benefits and beneficiary designation rights and investment powers with respect to the assigned account, if any, as a single participant under the Plan. 6. This Order is not intended to require the Plan to provide any type or form of benefits or any option not otherwise provided by the Plan, nor to require the Plan to provide for increased benefits not required by the Plan. This Order is not intended to require the Plan to provide benefits to the Alternate Payee that are required to be paid to another alternate payee under the terms of another qualified domestic relations order previously issued. The Court of Common Pleas of Dauphin County, Pennsylvania shall retain jurisdiction to amend this Order but only for the purposes of establishing it or maintaining it as a Domestic Relations Order, provided however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan and further provided that no such amendment will invalidate this Order. CONSENT TO ORDER: ATTORNEY FOR DEFENDANT/ Date DEFENDANT / ALTERNATE PAYEE Signature Date Date Signature Date EXECUTED this 01.15-02- ,2001 PROPERTY SETTLEMENT AGREEMENT by and be~een P~LLIP H. and SUSAN E. R_&MEY Page 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Sc'pa,ration Interferences Division of Real Property A, Pennsylvania Residence (I) Removal of Wife's Name for Mortgage (2) Responsibility for Utilities (3} Maintenance (4) Wear and Tear (5) Mortgage and Homeowners' Insurance (6} Home Security (7) Access to Storage B. Minnesota Condominium Division of Personal Property A. Assets B. Waiver of Tan~ble and Intangible Assets of Wife C, Assignment of Judgment to Wife D. Children's Property Vintage Coin Collection Custody Child Support Counseling Counseling for Husband Automobile Insurance Aclmowledgement Medical and Dental Coverage College Moving Expenses Motor Vehicles Pensions/Retirement Plans Life Insurance Joint Debts Equitable Distribution Tax Returns A, Year 2000 Reram B. Past Returns C. Tax Exemptions Gas Credit Card Disability Insurance/Confirmation of Insurance Mediation Tax on Property Division Breach 1 1 1 1 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 6 7 7 7 7 7 8 8 8 8 8 9 ~[N'DEJ~ - Page 2 Page 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 3C 37. Subsequently Discovered Property - Penalty for Non-Disclosure Additional Instnnnent Wife's Debts Husband's Debts Waiver of Claims Against Estates Effect of Bankruptcy Representation Voluntary Execution Entire Agreement Prior Agreements Modification and Waiver Goveming Law Independent Sepm-ate Covenants Void Clauses Entry as Part of Decree Divorce Action Domestic Relations Code of the Commonwealth of Pemasylvama 9 9 9 9 10 10 10 10 11 11 I1 11 1i 11 11 12 Attachments E 'xtfibit A - Husband's Assets Exhibit B - Wife's Assets Exhibit C - Husband's Items Remaining in Marital Residence Exhibit D - Existing Damages ii PROPERTY SETTLEMENT between PKILLIP H. I~U-MEY, hereinafter called "H~sband'~, hereinafter called "Wife". , 2001, by and and S~SA~ E. RAMEY, WITNESSETH: WHEREAS, Husband and Wife were legally married on May 12, 1984; WHEREAS, two children were born of this marriage, John Phillip Ramey, born October 22, 1985, and Mark Bryant Ramey, born May 20, 1987; WHEREAS, differences have arisen between Husband a~&[ Wife in consequence of which they desire to live separate and apart from each o~her; ~FHEREAS, Husband and Wife separated on January 26, 2001; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW, THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: !. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fi~. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFER~CES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may De necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at any time ~nich might in any way influence the children adversely against the other party. 3. DIVISI0~ OF REAL PROPERTY. A. Pennsylvania Residence. Wife shall have exclusive possession of the marital home situated at 8 Stratford Lane, Mechanicsbnrg, Cumberland County, Pennsylvania, free of rent without interference or harassment by Husband until September 30, 2005 or until the parties' youngest son, Mark, graduates from high school, whichever occurs later. Contemporaneously with the execution of this agreement, parties shall execute a deed, wherein Wife transfers all her right, title, and interest in and to the real estate, now titled in the name of Husband and Wife as tenants by the entireties. The deed shall be held in escrow by Wife's counsel, Smigel, .'Anderson & Sacks, LLP~ until Mark graduates from high school or SeptengDer 30, 2005, whichever occurs later, at which time the deed shall be delivered to Husband. Husband shall have no right to access the marisal home wishout Wife's express prior consent. (1) Removal of Wife's Name from Mortgage. Husband shall use all best efforts to remove Wife's name from the existing mortgage with Cendant Mortgage Company. In any- event, Husband shall indemnify and hold Wife harmless on the said mortgage and from any claims arising from the property, including any claims brought by a third party, pending the removal of her name. This shall take place only in the event that Husband's name is removed from the mortgage on the Minnesota condominium as specified in paragraph number 3B below~ (2) Responsibility for UtilitieS. Wife shall be responsible-- to pay all utili5ies relating to the property incurred after June 1, 2001. (3) Maintenance. In addition, Husband shall pay 100% of any costs for maintenance or repairs to the property, including, but not limited to, costs associated with the driveway, lawn treatment, removal of dead or fallen trees, etc., if Wife receives prior approval for such maintenance or repairs. The exception is that in the event of an emergency situation, Husband agrees that it shall not be necessary for Wife to obtain prior approval and consent. Husband agrees that prior approval with consent for repairs and maintenance shall not be unreasonably withheld. If prior approval and consent is not received, Husband agrees that he shall pay 50% of the maintenance or repair required. All bills for repairs or maintenance shall be paid within thirty (30) days from the date that the repair is incurred. (4) Wear and Tear. Wife shall not be responsible for minor damage or ordinary wear and tear on the property during the period of her occupancy of the property. Husband and Wife agree that a list of existing damages shall be compiled prior to the execution of this agreement. The list of existing damages as compiled by the parties is set forth and attached as Exhibit "D". (5) Mortgage and Homeowners' Insurance. Husband shall pay all of the mortgage payments on the said property and shall also pay real estate taxes and homeowners insurance, providing to Wife annual proof of insurance. In the event the house is lost by foreclosure, Husband shall provide payment of like-kind to Wife that he would otherwise make for the mortgage payments, real estate taxes and homeowners insurance. In the event wife vacates the marital residence prior to September 30, 2005, Husband's monthly obligation under this Agreement to pay the mortgage, taxes, insurance and the split of the children's expenses excluding health insurance and counseling 2 costs, will be void and Wife shall be free to file for appropriate child support and spousal support, to which she is otherwise entitled under the law, but in no event shall that sum exceed the amount of payments he makes for the mortgage, taxes, and homeowners insurance. (6) Home Security. Husband agrees to pay the costs of keeping the home security system active during Wife's occupancy. · adversely against the other party. (7) Access to Storage. Husband agrees that he shall remove all of his belongings from the basement storage area by no later than December 31, 2001. Access shall not be unreasonably withheld· B. Minnesota Condominium. Wife is the owner of real property located at 1871 Silver Bell Road %322, Hagan, Minnesota, consisting of a condominium identifie~ by # 10-224451-313-01 and a garage identified by ~--10- 22451-372-01. There is presently a mortgage against the condominium in both parties' names, held by Bank of America· Wife agrees that she shall use all best efforts to remove Husband's name from the said mortgage as soon as possible. Pending Husband's removal from the mortgage, Wife shall indemnify and hold Husband harmless on the said obligation. This shall take place only in the event that Wife's name is removed from the mortgage of the marital home as specified in paragraph number 3A above. Husband agrees to transfer any right, title or interest he may have in the property to Wife individually at the time of the execution of this Agreement. 4. DIVISION OF PERSONAL PROPERTY. A. Assets. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. ~ exception to the above are the assets set forth on Exhibit "A'' which will be considered Husband's assets and Exhibit "B" which will be considered Wife's assets. The items set forth on Exhibit "C" are items of Husband that will remain in the marital residence until September 30, 2005 or by mutual agreement by parties. B. Waiver of Tangible and Intangible Assets of Wife. Any royalties derived from the photograph titled, "Maui Sunset," taken by Wife, shall remain her sole and separate property. Husband hereby relinquishes any and all right, title or interest he may now or hereafter have in said photograph or any royalties derived therefrom. C. Assignment of Judgment to Wife. In accordance with the Assignment of Judgment, which is incorporated by reference herein, Husband shall assign all right, title and interest in the Judgment against David Graham, which is in the amount of $2,725.79, plus any interest accrued thereon, to Wife. D. Children's Property. The following property shall be held for the sole and exclusive use and benefit of the children, sharing equally: Vintage coin Collection - The vintage coin collection that was given to the parties' minor sons as a gift from their paternal grandfather, currently in Husband's possession, shall be held by Husband in trust for the children un~il the youngest son graduates from high school or Septen~ber 30, 2005, whichever is earlier. 5. CUSTODY. The parties will share equally legal custody of the minor children. Wife shall have primary physical custody of the minor children, with alternate physical custody with the Husband. Partial custody shall be at all times mutually agreed upon by the parties and in accordance with the best interests of the children. If either party cannot agree on a mutually acceptable schedule, the parties shall participate in mediation, in order to help facilitate a resolution. The requirement that the parties mediate shall not preclude either party from filing a Custody Petition in a court of competent jur-isdiction. __ 6. CHILD SUPPORT. Husband agrees that he will split equally with Wife the cost of the boys' clothing and school related expenses beginning on the date of the execution of this Agreement. Wife and Husband shall provide each other with an accounting of the said expenses on a quarterly basis for reimbursement and shall provide receipts at the time of the accounting. Wife shall be responsible for the cost of food, personal items and household related expenses. In addition to the above, Husband has agreed, as his contribution to the support of the minor children, to pay the mortgage as well as the real estate taxes and homeowners insurance, as indicated in paragraph number 3A, above. Counseling. Husband shall pay 100% of the costs, which are not reimbursed by insurance (i.e. co-pavements) until the youngest son graduates from high school or September 30, 2005, whichever is earlier. Husband agrees to pay for the unreimbursed costs for fifteen (15) visits in a twelve month period or the maximum amount allowable by his policy. Wife shall be entitled to selecu counselors who will treat the children for the first fifteen (15) months following the execution of this agreement. If the counselor Wife chooses is not an approved health care provider, for insurance purposes, Wife shall be solely responsible for 100% of the counseling costs during the first fifteen (15) months following the execution of this agreement. After the first fifteen (15) months, if the children are not treated by a plan-approved counselor, Husband shall not be responsible for any costs. Wife shall be solely responsible for the cost of her individual counseling at any point in time. Counseling for Husband. Wife shall either pay 100% of the costs of counseling for Husband which are not reimbursed by insurance (i.e. co-payments) for the first fifteen (15) months following execution of this agreement or if the counselor is not an approved health care provider for insurance purposes, Wife shall pay 100% for the costs of counseling for Husband for the first fifteen (15) months following the execution of this agreement. After the first fifteen (15) months, Wife shall not be responsible for any costs. Automobile Insurance. Husband shall pay up to $50D.00 per child per year in premiums for automobile insurance to insure the children when they reach driving age through high school, provided they have clean driving records and do not drive high performance vehicles per insurance industry standards. 4 Acknowledgement. Wife acknowledges that the contributions made by Husband to 5he boys' expenses, healsh insurance, automobile insurance coverage, as well as the payments of the mortgage, taxes and insurance equal or exceed Husband's contribution responsibility for the support of the children. In the event Wife should file a support action in this matter and shall secure an Order, Husband's continuing responsibility to pay the expenses set forth in this Agreement shall be null and void. At that time, Wife shall be solely responsible for the expenses of the pa~;ment of the mortgage, insurance, taxes, and homeowners insurance. In the event Wife fails to make the payment on the said mortgage as set forth herein, she shall vacate the residence~ after a reasonable amount of time, not to exceed ninety days, to relocate herself and the children. 7. M~DICAL and DENTAL COVERAGE. Husband shall provide health insurance coverage for Wife until Septeraber 30, 2001. In the event a Divorce Decree is issued prior to that-- date, Husband shall pay the COBRA coverage on the said medical insurance for Wife until September 30j 2001. Husband shall retain his existing medical and dental insurance on children as supplied by his employer or obtain equivalent coverage. Husband shall also pay for any out of pocket and unreimbursed medical or dental expenses for the minor children until each attains the age of eighteen (18), so long as an approved health care provider is used for insurance purposes. If Wife selects a non-approved provider, the parties shall share the uncovered expense equally. 8. COLLEGE. Both parties agree that the college funds presently set aside for the children shall be transferred to trust accounts. Wife shall be the trustee of the children's accounts and each of the parties may contribute to the trust accounts. Wife agrees to supply quarterly statements of the trust accounts to Husband. Both parties shall contribute to the college expenses of the children in accordance with their ability to do so at the time of the children's matriculation. College expenses shall include, but ars not limited to tuition, room, board, cost of books, supplies, and lab fees. The amount of the contribution of either party to college expenses shall be limited to the proportionate shares of tuition, room, board, cost of books, supplies, and lab fees of the state university of the state in which the children are residents at the time of their matriculation. In addition, the amount required shall take into account the resources set aside for the children by anyone, their own assets, all grants and scholarships, and contributions that the children can make themselves through appropriate employment. 9. MOVING EXPENSES. In accordance with Section 3 A of this Agreement, Husband shall pay one half the cost of Wife's moving expenses up to a maximum of $1,500.00. 10. ~OTOR VEHICLES. Husband shall retain as his sole and separate property the 1996 Cadillac DeVille, and Wife shall retain as her sole and separate property the 1993 Toyota Previa van. At the time of the execution of this Agreement, Husband shall pay to wife the sum $3,375.00 representing an equalization of the distribution of the value of the vehicles. 11. PENSIONS / RETIREMENT PLANS. Husband has a retirement plan with Hew England Life that has a value of approximately $146,000.00 as of Friday, April 27, 2001. This calculation is after $4,100.00 was withdrawn from the said account to pay on a credit line at Commerce Bank. The credit line was used to pay money to Blue Earth Enterprises for a joint debt of the parties. The parties agree that the $146,000.00 approximate remaining balance shall be divided so that Wife receives sixty-five (65%) percent of said retirement account pursuant to a Qualified Domestic Relations Order, said Order to be prepared by Wife's counsel. The amount of the equal division of the account balance shall be determined at the time of the execution of this Agreement and each party shall receive any market change in the account from the date of the execution of this Agreement until the Qualified Domestic Relations Order is implemented ,and the assets are transferred. 12. LIFE INSIIRA~CE. Wife's life insurance policy with First Colony Life, policy no. 1767940, will be transferred to her individually. Husband's level term life insurance policy in the amount of $250,000.00 with Midland Life, policy no. T97169, shall be maintained by Husband for the entire time he has obligations to meet under this agreement. The term policy ends on October 8, 2009. In addition, Husband shall purchase an additional term policy in the amount of $250,000.00. Husband shall assign his ownership in the policies to wife until such time as his obligations are fulfilled. Husband shall provide Wife with a statement indicating that the policies are in good standing and the premiums are paid and current. Husband shall secure the irrevocable beneficiary status of Wife until September 30, 2005. After September 30, 2005, the children shall be named the irrevocable beneficiaries until October 8, 2008. Husband shall provide Wife with proof of payment of the premiums. Further, Husband shall ensure that Midland Life, as well as the insurance company for the additional $250,000.00 policy referred to above, will give Wife notice of cancellation for failure to pay premiums. In the event that Husband fails to pay premiums, Wife shall have the right to pay the premiums and collect from Husband reimbursement for payment of said premiums. Husband shall pay any attorney's fees, court costs and expenses incurred by Wife as a result. Husband shall provide the policy to Wife with an assignment of the policy to her. The purpose of the insurance policies set forth herein is to insure the payment of Husband's obligations under this Agreement and it is agreed between the parties that all insurance proceeds derived therefrom are to be used for the purposes set forth in the Agreement. Husband is the owner of two separate life insurance policies insuring the lives of the parties' minor children, John Phillip Ramey and Mark Bryant Ramey. The policies are with New England Financial, policy no. 08137473 - John and policy no. 08049375 - Mark. Husband agrees that he shall name John as the beneficiary on Mark's policy and Mark as the beneficiary on John's policy. He shall also name as contingent beneficiaries, Husband and Wife equally or the survivor to share the deceased beneficiary's portion on the said policies. Husband further agrees that he shall pay the premiums on each of the policies until each child graduates from college. After college graduation, Husband shall turn over ownership of the respective policies to the individual child who shall retain ownership of the policy and have the right at that time to designate the beneficiary. Husband further agrees that Wife shall be provided notice of cancellation or failure to pay any premiums on the said policies. Husband agrees that he shall not withdraw anlT cash value from the policies insuring the lives of the boys by loan or otherwise. Husband is the owner of a policy insuring Wife's life with New England Financial, policy no. 2137872. Husband shall turn over the ownership of said policy to Wife upon execution of this Agreement. Any outstanding policy loans shall be the sole responsibility of Wife at the time she assumes ownership of the policy. 13. JoI~ DEBTS. With the exception of the joint debts previously stated herein, the parties have no other debts with the exception of those set forth in this paragraph. Wife shall assume responsibility for the debt to Blue Earth Enterprises in the amount of approximately $14,000.00 and the debt to Lois and Robert Neubert in the amount of approximately $10~000.00. Husband shall assume ~responsibility for the debt to Edna Pauline Ramey in the amount of $16,000.00. Each party agrees to indemnify and hold the other harmless on these debts. 14. ~QUITA~L~ DISTRIBUTION. In addition to the $3,375.00 set forth in Paragraph 10 for the equalization of the value of the parties' motor vehicles, Husband agrees to pay to Wife the sum of $17,630.00 representing an equalization of the other marital assets set forth herein. Ten thousand dollars ($10,000.00) shall De paid on the date of execution of this agreement and the balance of seven thousand six hundred thirty dollars ($7,630.00) shall be paid when the divorce is finalized. · 5. TAX RE~uP~S. A. Year 2000 Return. Each of the parties shall file individual income tax returns and shall supply for the tax year 2000, copies of said returns to the other party. The parties' individual tax liability on the said returns shall be paid from each party's separate funds. Husband shall be responsible for the preparation of the tax return and payment of any taxes due for the parties' minor son, John. Wife shall be responsible for the preparation of the tax return and payment of any taxes due for the parties' minor son, Mark. B. Past Returns. Husband represents that to the best of his knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service or any other taxing authority for calendar years 1984 through 1999 have been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Husband further rep~resents to Wife that, to the best of his knowledge, the information set forth in the joint income tax returns filed for calendar years 1984 through 1899 were and remain accurate and acknowledges that Wife relied upon such representations in signing those returns. Therefore, if any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against Wife by reason of her having joined in the filing of joint federal, state or local income tax returns, Husband shall exonerate and indemnify Wife against and hold Wife harmless from any tax, interest, penalty or e~rpense resulting from any such tax 7 deficiency, including reasonable counsel and accounting fees, and such tax, interest, penalty or expense shall be paid solely and entirely by Husband unless said tax, interest~ penalty or expense is finally determined to be attributable to Wife's misrepresentations or failures to disclose relevant information of income on the afsresaid joint returns. C. Tax Exemptions. The parties agree, so long as the financial and custodial arrangements as set forth in this Agreement continue to exist, Wife shall receive Mark as a dependent for tax purposes and Husband shall receive John for the same puz~ose. This requires each of the parKies~ prior to February 1, of each year, to execute any documents necessary to implement the terms of this paragraph including forms supplied by the Internal Revenue Service. The party taking the exemption for the child shall be responsible for that child's tax return. 16. GAS CREDIT CARD. --. Husband agree~--that he will provide Wife with a gas card for Qwik Pill gasoline stations and will pay the balance due each month on said card through the end of May 2001. Thereafter, the authorization to use the card shall terminate. Susan shall secure her own card. 17. DISABILITY %NSIPRANCE / CONFIP~ATION OF INSURkNCE. Husband shall maintain his disability insurance with New England Life in an amount sufficient to satisfy his obligations under the terms and conditions of this Agreement. Husband shall provide Wife evidence on an annual basis that he has in full force and effect the life insurance, homeowners insurance and disability insurance required under the terms and conditions of this Agreement. Husband shall, upon the execution of this agreement, provide a true and correct copy or copies of policies that are in existence. In the event Husband does not maintain a policy in an amount sufficient to satisfy his obligations under the terms and conditions of this Agreement, Wife shall be entitled to additional security, as the Courts shall direct. Any proceedings to obtain and enforce additional security shall be at the sole cost of Husband, including reasonable attorney's fees, court costs and expenses. 18. MEDIATION. In the event of a breach ef this agreement by either party, the parties agree to submit the issue of breach and recovery of any damages to mediation. The parties shall agree upon a mediator. In the event they are unable to agree then counsel for the parties shall select a mutually agreeable mediator. In the event that mediation is required, the cost of the initial session will be divided equally between the parties. The issue of the costs of further mediation will be discussed with the mediator in the initial session. If a mutual agreement cannot be reached at the end of the initial session, mediation will cease after three (3) sessions and the remedies as set forth in Paragraph 20 hereof shall be available to either party. TAXI ON PROPERTY DIVISIOn. The division of existing marital property is not, except as may be otherwise expressly provided herein, 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 a parn of the marital estate. Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income uaxes assessed against her, if an}~, as a result of the divisicn of the property of the parties hereunder, 20. BR~ACH. If either party breaches any provision of this Agreement, after mediation efforts have been exhausted, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. SIIBSEQUENTLY DISCOVERED PROPERTY - PENALTY FOR NON-DISCLOSURE. If either of the parties subsequently discovers the existence of any property interest not provided for in this Agreement, that property shall be divided equally. However~ if the existence of that property was knowingly concealed or misrepresented by one of the parties, that property shall be the sole property of the other, and the concealing party shall pay all costs, fees, and attorneys fees occasioned by the failure to disclose. This provision shall not pertain to the real estate project known as "Emerald Point" or any construction projects into which Husband entered with John Pfannkuche prior to the date of this agreement. Neither shall this provision pertain to the 1992, Model 302 Chris Craft boat that Husband is attempting to acquire. 22. ADDITIONAL INSTRIIME~TT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment~ consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 23. WIFE'S DE~TS. Wife represents and warrants to Husband that since the parties' separauion, 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. 24. }{USB~/TD'S DEBTS. Husband represents and warrants to wife that there are no debts that have been incurred during the marriage, other than those specified herein. In addition, Husband represents and warrants to Wife that since the parties' separation, he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmlese from any and all claims or demands made against her by reason of debts ,Dr obligations incurred by him. 25. WAIVER OF CLAIMS AGAINST BSTATES. Except as herein otherwise provided, each party may dispose of his or her properuy 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, and each will, to the recfaest 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. 26. -~FECT OF B~I~I~RUPTCY. The parties represent that to the best of their knowledge, there are no bankruptcy proceedings presently pending involving either of the parties. All of the payments to be made by Husband under this Agreement are not now, and are not intended to be, a debt which is affected by a discharge in bankruptcy as they are in the nature of support. Therefore, those debts shall not be discharged in a bankruptcy actien filed by or on behalf of Husband. Furthermore, in the event that, at any time prior to Husband's fulfillment of all of the financial obligations set forth in this Agreement, he declares personal or professional banhruptcy, and the U.S. Bankruptcy Court, contrary to the terms of this Agreement, declares that any or all of the said payments required hereunder are dischargeable, then and in that event the affected portions of the Agreement shall become null and void. Wife shall have the absolute right to prosecute her economic claims in the divorce action as they relate to the portions of the Agreement that are null and void. 27. REPRESENTATION. It is recognized by the parties hereto that Husband is represented by John J. Connelly, Jr., Esquire, and Wife is represented by LeRoy Smigel, Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends ~o be legally bound by the terms hereof. 28. VOLUntARY E~CUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. E~TIRE A~REEMENT. This Agreement contains the entire understandings of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. l0 30. PRIOR AGREEME~S. It is understood and agreed that an? 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. 31. MODIFICATION A/FD WAIVER. A-ny modification or waiver of any provision 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 consnrued as a waiver of any subsequent default of the same or similar nature. 32. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of_the Commonwealth of Pennsylvania. -- 33. INDEPEI~DENT SEPARATE COVENA~'TS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 34. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 35. ENTRY AS PART OF DECREE. It is the intention of the parties that this 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 made a part of, but shall not merge with, any such judgment or decree of final divorce. 36. DIVORCE ACTION. The parties agree that they shall, upon the completion of the ninety (90) day statutory period which began Februar~ 8, 2001, execute any and all documents necessary to finalize the divorce action indexed to number 0l - 715, in the Court of Common Pleas, Cumberland County, Pennsylvania, including, but not limited to, Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. The completion of the distribution of the assets set forth herein and the payments made to or on behalf of Wife required under this Agreement, are entirely contingent on the continuing cooperation of Husband and Wife in timely securing the Decree in Divorce including, but not limited to, execution of the documents as set forth herein. 37. DOMESTIC RELATIONE CODE OF T~E COMMONWEALTH OF PENNEYLVA/~iA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital proper~y. Iq WZTNEES WHEREOF, the parties hereto, intending to be leally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Jo~% J. C~mnelly, Jm~, Esquire Phillip H. Ramey Susan E. Ramey : I2 Exhibit '~A': 6 7 10 11 12 13 14 Phil's office furniture, to include desk, chairs, computer, fax/copier, television set, book case, phone picture, printer, miscellaneous supplies and equipment, and floor rug. Television from upstairs family room Bed in bis room and bedding All his clothing __ His stereo equipment, including all Bose equipment, ONKYO receiver and disc player, JVC cassette player. Round table and four (4) chairs downstairs One satellite receiver Basic tools and shed supplies A_ny other personal items Bike Smaller file cabinet Nordic Track Storage cabinet in garage Inkier printer 2. 3. 4 5. 10. 11. 12. Exhibit "B'~ Wife's Assets Clock on wall upstairs Washer/dryer, ironing board/ iron, sundries Accessories in first floor bathroom Dining Room: Artificial tree with stand Living Room: Smaller green lazy boy leather chair, Grecian planter, rug, brass candlestick, fire~lace accessories, three pictures, marble coffee table, two wall sconces, one gray chair, sofa and coffee table accessories. Foyer: white pedestal and flower arrangement, table, mirror, lamp, sculpture, accessories Kitchen: 3 barstools, all kitchen utensils, dishes, appliances (not to include: dishwasher, refrigerator, stove, ovens, microwave) accessories, pots and pans, glasses, etc., kitchen table and eight chairs, small secretarial desk Family room: buffet table with lamp and pictures, three-piece wall arrangement (clock, picture, shelf), two wall sconces, one arsificial tree with stand Upstairs family room: bathroom accessories, contents and pictures, two sofas, three coffee tables, lamp, one sofa table, entertainment center with all contents, all pictures in the room, all plants in the room, one wooden barstool, one television set, one desk and chair, one bookcase, sewing machine, antique commode angel collection, computer system and printer Porch: angel, black and white patio furniture Storage room downstairs: all holiday decorations, .one larger file cabinet, humidifier, fan, small refrigerator Downstairs: computer system/printer, black floor lamp, clock, television set, pictures, bar stools, (Sectional sofa and white entertainment center will be sold with proceeds split equally between the parties) Master bedroom: bathroom items, Upstairs porch: all bedroom furniture, accessories, pictures, all all bed items, two crucifixes, holy water white bench and planter Guest room: bed, bedding, nightstand, lamp, pictures, dresser/desk E:?kibit '~B'~ Page 2 Wife's Assets ].6. Garage: black wooden ben=h 17. Three (3) white planters outside, c~-/~stal dishes, candlesticks lS. Ail garden tools, not including power equipment 19. Amy and all items purchased by Wife after the date of separation 20. Two stained glass windows 21. Video camera/ equipment _ -- 22. All photograph scrapbooks 23. Wooden toy chest and cabinet made by Phil for the boys 24. Refrigerator from downstairs 25. Vacuum Livin~ room: Family room: Storage room: Downstairs: Upstairs porch: Exhibit large green lazy boy leather chair, two wicker/glass coffee tables, one wicker/~lass sofa table large entertainment system, sofa, rug, big screen television all camping equipment pool table yellow patio table and four chairs -- Shed/garage: all lawn equipment and power tools Picnic table and benches Satellite system and receivers Outdoor grill Snowblower Exhibit "D'~ Existing Da~aaues Screen patio door is damaged Screen on back porch has holes/damage Cat scratches on wood deck Dent/hole in interior garage wall Piece broken on dining room chandeli~ Pet stains and o~her stains on carpet in basement Kitchen counter cracked Disposal cap in the kitchen sink is damaged Wood on deck off master bedroom needs to be refinished or replaced (some boards are damaged) Entire wood flooring on the main. floor of the house needs to be refinished. Wife shall not be responsible for condition of the wood floor and stairs due to finishing of the floor not bein~ maintained. PHILLIP H. RAMEY, Plaintiff SUSAN E. RAMEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-715 CIVIL CIVIL ACTION LAW 1N DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. Date and manner of service of the Complaint: February 8, 2001 by Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: July 28, 2001; by Defendant: July 28, 2001. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated June 28, 2001. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: July 28, 2001; by Defendant: July 28, 2001. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. Date: JAMES, SMITH, DURK1N & CONNELLY LLP Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 IN THE COURT OF COMMON PHILLIP H. RAMEY, Plaintiff OFCUMBER~NDCOUNTY STATE OF PENNA. NO. VERSUS SUSAN E. RAMEY, Defendant DECREE IN DIVORCE PLEAS 01 - 715 CIVIL TERM AND NOW, DECREED THAT AND PHILLIP H. RAMEY SUSAN E. RAMEY , IT IS ORDERED AND , PLAINTIFF, ~ 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; None The attached Property Settlement Agreement is hereby incorporated, but not merged, into this Decree in Divorce. BY THE CO~ I e PROTHON~A~ PHILLIP H. RAMEY, IN THE COURT OF COMMONS PLEAS PLAINTIFF CUMBERLAND COUNTY, PA V. NO. 01-715 CIVIL TERM SUSAN E. RAMEY, DEFENDANT CIVIL ACTION - DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW this ~ ~ day of /v?~ ,2003, based on the findings set forth below, it is hereby ORDERED AND DECREED: 1. The parties hereto were husband and wife and a divorce action was filed to the above docket number. The parties were married on May 12, 1984 and divorced on August 7, 2001. 2. Participant is Phillip H. Ramey. His current address is 31 Logan's Run Road, Enola, PA 17025. His social security number is 293-54-5384 and his date of birth is May 25, 1956. 3. Alternate Payee is Susan E. Ramey whose current address is 8 Stratford Lane, Mechanicsburg, PA 17050. Her social security number is 477-54-5741 and her date of birth is March 30, 1957. 4. The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in her mailing address subsequent to the entry of this order. 5. The name of the Plan to which this Order applies is the New England Life Insurance Company Agency Employees' Retirement Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor u¸ plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. 7. Any changes in Plan Administrator, Plan Sponsor or name of the Plan, shall not affect Alternate Payee's fights as stipulated under this order. 8. The Alternate Payee is awarded a benefit actuarially equal to fifty percent (50%) of the Participant's accrued benefit under the Plan calculated as of January 26, 2001. 9. The Alternate Payee shall receive a pro-rated share of any cost-of-hving adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. Such pro-rated share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits, as calculated, pursuant to paragraph 8. 10. Payments to Alternate Payee shall commence the date payments commence to the Participant, unless the Alternate Payee elects to receive them on or anytime after the Participant's age 55, assuming Participant has met the service requirements for commencement of early retirement benefits. Participant agrees to arrange or to execute all forms necessary to commence payment to the Alternate Payee in accordance with the terms of this order. 11. The Alternate Payee may elect to receive her benefits in any one of the allowable benefit options permitted under the terms and provisions of the Plan, other than a Qualified Joint & Survivor Annuity with her current spouse as the beneficiary. The form of benefit elected by the Alternate Payee is to be based on the life expectancy of such Alternate Payee. Any actuarial adjustment, which might be necessary to convert Alternate Payee's benefits to another form based on the Alternate Payee's lifetime, should be applied to the Alternate Payee's benefits. 12. The benefit paid to the Alternate Payee shall be paid to her for her own separate, independent lifetime, and upon her death, shall be paid in accordance with the benefit option elected by the Alternate Payee. This benefit is payable for the Alternate Payee's lifetime independent of the lifetime of the Participant. The Alternate Payee shall bear the cost or actuarial reduction associated with the lifetime annuity. 13. In the event that Participant predeceases the Alternate Payee, and neither the Participant nor the Alternate Payee has commenced benefits under the Plan, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing the Alternate Payee's entitlement to receipt of the monthly pre-retirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefits, the Alternate Payee and the Participant have satisfied the one (1) year marriage requirement as may be required under the provisions of the Plan. This designation applies to the Participant's accrued benefit under the Plan as of January 26, 2001. The Alternate Payee shall be treated as the Participant's surviving spouse for this portion of the pre-retirement surviving spouse benefits, and a subsequent spouse of the Participant shall not be treated as a surviving spouse for this portion of the benefits. The Participant hereby elects what the Plan provides for which is a Pre-Retirement Survivor coverage based on a Contingent Annuity - Fifty Pement (50%) benefit, with the Alternate Payee named as beneficiary. The cost associated with this coverage shall be born by the Alternate Payee. 14. The Alternate Payee shall be entitled to a pro-rata share of any employer-provided early retirement subsidy provided to the Participant on the date of his retirement, and in the event the Alternate Payee has already commenced her share of the benefits on the date of the Participant's retirement, then the amounts payable to the Alternate Payee shall be increased in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with the pro-rata share of such early retirement subsidy. Such pro-rata share of such early retirement subsidy shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Order. 15. If the Participant's benefits cease due to his return to employment, the Alternate Payee's benefits will not be suspended. 16. In no event shall the Alternate Payee have greater benefits or fights other than those which are available to the Participant. 17. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. 18. The Alternate Payee is only entitled to specific benefits offered by the Plan, as provided by this order. All other fights, privileges offered by the Plan not granted to the Alternate Payee are preserved for the Participant. 19. If the Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 20. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this order, but only for the purposes of establishing it or maintaining it as a Domestic Relations Order, provided however, that no such amendment shall require the Plan to provide any form of benefit or option not otherwise provided by the Plan and further provided that no such amendment or fight of the Court to so amend will invalidate this order. PHILLIP H. RAMEY, : PLAINTIFF : SUSAN E. RAMEY, : DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 01-715 CIVIL TERM CIVIL ACTION - DIVORCE STIPULATION AND NOW, this ay of ,2003, counsel for the parties in the above referenced action hereby stipulate and agree that the Order attached hereto encompasses the intent of their respective client and that it may be adopted as a Court Order. JAMES, SMITH, DURKIN & CONNELLY SMIGEL, ANDERSON & SACKS, LLP "qz:o. Br~ 650 Hershey, PA 17033 (717) 533-3280 Atlomey for Plaintiff By: I.D.#: 09617 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant SUSAN E. RAMEY