Loading...
HomeMy WebLinkAbout01-7237DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. YAPLE, JR., Plaintiff KAREN K. YAPLE, Defendant : CIVIL ACTION - I~.W : DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. YAPLE, JR., Plaintiff KAREN K. YAPLE, Defendant : CIVIL ACTION - I.~.W : DIVORCE COMPLAINT AND NOW, this day of , 20~[ , comes the Plaintiff, JAMES S. YAPLE, JR., by his attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COD-NT I: DIVORCE 1. The Plaintiff is JAMES S. YAPLE, JR., an adult individual residing at 1920 Lambs Gap Road, Mechanicsburg, PA 17050. 2. The Defendant is KAREN K. YAPLE, an adult individual residing at 1920 Lambs Gap Road, Mechanicsburg, PA 17050. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six 6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 16, 1984 at the Peace Church in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. -2- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. W~EREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from May 16, 1984 until October 1, 2001, the date of separation, all of which are "marital property" or "marital debts". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, ~non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an -3- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 equitable division of said property and debts as of the date of the filing of this Complaint. W~EREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III: ALIMONY PENDENTE LITE, ALIMON~ 13. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 14. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. W~EREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV: COUNSEL F~ 16. Paragraphs 1 through 15 are incorporated by reference hereto as fully as though the same were set forth at length. 17. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. The Plaintiff is in need of hiring various experts to appraise -4- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WI4EREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Phone: (717) 737-0100 Fax: (717) 975-0697 -5- VERIFICATION JAMES S. YAPLE, JR. verifies that the statements made in this Complaint are true and correct. JAMES S. YAPLE, JR. understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to .horities. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -6- 1.4.02 Yaple v. Yaple Certificate of Service JAMES S. YAPLE, JR., Plaintiff KAREN K. YAPLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAi~D COUNTY, PENNSYLVANIA : : NO. 01-7237 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, KkREN K. Certified Mail, Restricted Delivery on January 3, 2002. receipt YAPLE, by The return is attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, Cam~liil,-'PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - 1,4.02 Yaple v. Yaple Certificate of Service Postage Cer[ified Fee Return Receipt Fee (Endorsement Required) ~,ZO Postmark Here · Coml~lete items 1, 2, and 3. Also comple~ Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. I~icte Number (Copy from service label) A. R~ceived by (Please P~nt C~a~y) B. Date of Delivery D. Is delivery If YES, enter delivery addr~ [] Regatered [] No [] Expm~ Mall [] Return Receipt for Merchandise [] C.O.D. PS F°~m 3~11, JuiY 1~9 ,I Domestic Return R~c~pt EXHIBIT "A" RETURN RECEIPT - 2 - JAMES S. YAPLE, JR., Plaintiff Vo KAREN K. YAPLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7237 : Civil Action - Law : DIVORCE NOTICE OF SERVICE OF DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF TO THE PROTHONOTARY: Please be advised that on the ninth day of July, 2002, an original and two (2) copies of the Interrogatories of Defendant, Karen K. Yaple, were served upon counsel for Plaintiff, James S. Yaple, Jr.: DATED: July 9, 2002 Diane G. Radcliff, Esquire 3448 Tfindle Road/~ B a---~-~a ~ulli~ quire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. YAPLE, JR., Plaintiff · NO. 01-7237 CIVIL TERM · CIVIL ACTION - LAW : PACSES No. KAREN K. YAPLE, Defendant · IN DIVORCE RE: PETITION FOR ALIMONY PENDENTE LITE TO THE HONOPJIBLE, THE JUDGES OF SAID COURT: AND NOW, this day of August, 2002, comes the Petitioner, JAMES S. YAPLE, JR., who files the this Petition for Alimony Pendent Lite and respectfully represents that: 1. The Petitioner, James S. Yaple, Jr., is an adult individual residing at 1920 Lambs Gap Road, Mechanicsburg, PA 17050. 2. The Respondent, Karen K. Yaple, is an adult individual residing at 2270 Ports Hill road, Etters, York County, PA, Mechanicsburg, PA . 3. The Petitioner and Respondent were married on May 16, 1984 at the Peace Church in Mechanicsburg, Pennsylvania, and separated on or about July 15, 2002. The Respondent has not sufficiently provided support for the Petitioner. The Petitioner is not on a financial par with the Respondent in prosecuting and/or defending this Divorce action and is unable to support himself in accordance with the standard of living established during the marriage. The within action was instituted by the filing of a Divorce - 1 - 7 o 8 o Complaint by the Plaintiff/Petitioner on December 31, 2001. This Petition represents the Petitioner,s claims for Alimony Pendente Lite. A background information sheet pertaining to these claims has or will be filed with The Domestic Relations Office as required by Local Rules of Court. The amount asked by the Petitioner for Alimony Pendente Lite is the maximum amount provided for under the guidelines. W~EREFORE, Petitioner prays that the Court enter an Order: Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; and Requiring the Respondent to provide medical support for the Petitioner. Respectfully submitted, Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0695 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. - 3 - CERTIFICATE OF SERVICE AND NOW, this 9th day of August, 2002, I, Diane G. Radcliff, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document upon the following named person as Attorney for Defendant, by mailing the same by first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Respectfully submi~ed, 3448~Tu~dl~)Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID# 32112 JAMES S. YAPLE, JR., Plaintiff/Petitioner VS. KAREN IC YAPLE, Defendant/Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE ; NO. 2001-7237 CIVIL TERM IN DIVORCE DI~ 31994 Pacses~ 903104784 ORDER OF COURT AND NOW, this 1Th day of September, 2002, upon consideration of the attached Petition for Alimony Peudente Lite and/or coun~l fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 11, 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. warrant YOU are further ordered to bring to the conference: (1) a true copy of your most recem Federal Income Tax Return, including W-Ts as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required doo~ments, the Court may issue a for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 9-17-02 to: < Respondent Diane Radeliff, Esquire BarbaraSumple-Sullivan, Esqmre~.¥.,¥..4 ~ /t '~ ' -1 . D~te of Order: September 17, 2OO2 ':~" 1L ,' ,/-- YOU ItA. VE TItE RIGHT TO ~ I.&WYER~ WlIO MAY ~TTEND TI~. CONI~RE~CE ~ REPRESENT ¥OIJ. I~ ¥OIJ DO NOT It~VE A I.~.WYER OR CP~qNOT P~rFORD O1~ GO TO OR TELEPIIONE TItE OI~ICE 8ET FORTlt BELOW TO ~ OIJT WItERE YOU M~¥ GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 JAMES S. YAPLE, JR., Plaintiff Vo KAREN K. YAPLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7237 : : Civil Action - Law : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 31,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ¢//~'///~ 2----- ~/~I~S S. YAPLE, JR~ (,/ ~/ JAMES S. YAPLE, JR., Plaintiff Vo KAREN K. YAPLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7237 : : Civil Action - Law : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(e) 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. JAMES S. YAPLE, JR., Plaintiff KAREN K. YAPLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7237 : : Civil Action - Law : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 31,2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are tree and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~ ~.~~~ JAMES S. YAPLE, JR., Plaintiff KAREN K. YAPLE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7237 : : Civil Action - Law : 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 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. YAPLE, JR., Plaintiff KAREN K. YAPLE, Defendant NO. 01-7237 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BETWEEN JAMES S. YAPLE, JR. AND KAREN K. YAPLE TABLE OF CONTENTS INTRODUCTION AND PREAMBLE i SECTION I General Provisions SECTION II Distribution of Property ................................. 15 SECTION III Distribution of Debts ................................... 32 SECTION IV Counsel Fees, Alimony, Spousal Support, and Health Insurance. SECTION V Closing Provisions and Execution 36 MARITAL DISTRIBUTION SHEET EXHIBIT A ..................... 39 INTRODUCTION AND PREAMBLE THIS AGREEMENT made this __ day of , 2002, by and between KAREN K. YAPLE ("Wife") of Mechanicsburg, PA and JAMES S. YAPLE, JR. ("Husband") of Mechanicsburg, PA. W I TNE S E TH : WHEREAS, the parties hereto are husband and wife, having been married on May 16, 1984 in Peace Church, Mechanicsburg, Pennsylvania and separated on December 31, 2001. WHEREAS, There were no children born of this marriage. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony 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. NOW, THEREFORE, in consideration of the premises and mutual - 1 - promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: THIS SPACE INTENTIONALLY LEFT BLANK q 2 SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 1.03 . DIVORCE DECRER The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in Husband' s above captioned Cumberland County, Pennsylvania divorce action. Upon and simultaneously with the execution of this Agreement, the parties shall execute and file all documents and papers, including Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 1.06 · NON- MERGER This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.07. DATE OF EXECUTION The "date of execution", "execution date", "date of this Agreement" or "Agreement date" shall be defined as the date of execution by the party last executing this Agreement. 1.08. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be - 4 - defined as the date of execution of this Agreement unless otherwise specified herein. 1.09. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Husband, and Barbara Sumple-Sullivan, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.10. FINANCIAL DISCLOSU~R The parties confirm and acknowledge that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further acknowledge that this disclosure has included the disclosure of the marital assets and debts identified and set forth on the ~Marital Distribution Sheet", attached hereto, marked Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and debts in accordance with the distribution set forth therein. 1.11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHT~ Each party understands that he or she has the right: {1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decisions on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: 1. INVENTORY: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. 2. INCOME AND EXPENSE STATeMeNT: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. 3. DISCOVERY: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. 4. DETERMINATION OF MARITAL AND NON-MARITAL PROPERTy: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. 5. RIGHTS AND REMEDIES: The right to have the court decide any and all rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, equitable distribution, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 1.13. SOCIAL SECURITY BENEFITS The parties agree that, subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 1.14. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employraent which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.15. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: 1. CLAIMS AGAINST PROPERTY OR ESTATE: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now 3 o 5 o has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. DOWER, CURTESY, WIDOWS RIGHTS: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; LIFE TIME CONVEYANCES: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; MARITAL RIGHTS: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. BREACH EXCEPTION: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all - 9 - property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.17. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.18. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.19. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. - 10 1.20. OTHER DOCUM~NTATIO~ Wife and Husband covenant and agree that they will forthwith, (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 1.21. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.22. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: 1. SPECIFIC P~RFORMAN~: The right to specific performance of the terms of this Agreement, in which event the non-breaching - 11 party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. 2. DAMAGES: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. 3. DIVORCE CODE R~DIE~: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. 4. OTHER REMEDIES: Any other remedies provided for in law or in equity. 5. CONSIDERATIONS FOR R~ASONABLE ATTORNEYS FEES: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.23. LAW OF PENNSYLVANIA APPLICABL~ This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 12 1.24. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 1.26. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: 1. PRIOR RETURNS: The parties have heretofore filed joint federal and state 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 therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the 13 - individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 2. CURRENT RETURNS: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 1.27. PRESERVATION OF RECORD~ Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.28. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.29. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. THIS SPACE INTENTIONALLY LEFT BLANK 14 SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2 · 02 · AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since December 31, 2001, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or 15 - nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property (~the Personal Property"), the parties agree as follows: 1. DIVISION: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. 2. EXCEPTIONS TO DIVISION: The foregoing notwithstanding the parties agree that Wife shall receive as her sole and separate property all of the items set forth on the list that was 16 - 3 o 2.06. With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, identified and set forth on the ~Marital Distribution Sheet", attached hereto, marked Exhibit UA" and made a part hereof ~"the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: 1. WIFE'S VEHICLE(S): Wife's 1998 Cadillac, Wife's 1970 Corvette and the Joint 1991 Corvette convertible shall be the sole and separate property of Wife. 2. HUSBAND'S VEHICLE(S): Husband's 1969 Corvette, the joint 1995 Indy Pace Car, the 1978 Indy Pace Car, the 1954 Corvette, the 1959 Corvette and the 1931 Devaux shall be the sole and separate property of Husband. 3. IDENTIFICATION: Identification of a Vehicle herein shall previously agreed to by the parties and to the extent that said items remain on or in the Marital Residence Wife shall be entitled to remove the same from the Marital Residence. Wife shall make arrangements with Husband, and Husband shall cooperate with those arrangements so that these items can be removed from the Marital Residence upon completion of the her garage or sale of the Marital Residence, which ever is earlier. WAIVER: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. VEHICLES, BOATS AND THE LIKF, - 17 - include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. 4. TRANSFER OF TITLES: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. 5. TITLE AND POWER OF ATTORNEY: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. 6. LIENS: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. 7. WAIVER: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 2.07. 920 LAMBS GAP ROAD, MECHANICSBURG, PA The parties are the owners of a certain tract of improved real estate known and numbered as 1920 Lambs Gap Road, Mechanicsburg, PA (~the Marital Residence") and which is encumbered with a mortgage owed - 18 to Sun Trust, ("the Mortgage"). With respect to the Marital Residence and the Mortgage the parties agree as follows: 1. LISTING: The Marital Residence shall be listed for sale and the listing agreement signed simultaneously with the execution of this Agreement. The initial listing price shall be $829,000.00. The initial listing agent shall be Alice O'Neil, the Realtor selected by Wife. The parties shall sign a six (6) month listing contract with that realtor upon the signing of this Agreement. If at the end of the six (6) month listing contract, or any mutually agreeable extension period thereof, the parties do not mutually agree to extend that listing contract, the parties shall execute another six (6) month listing contract with a licensed realtor to be selected by Husband. Thereafter on a six month basis the parties shall alternate in the right to select the listing realtor, in the absence of a mutual agreement. 2. MARKETING AND PRICE ADJUSTMENTS: Once the Marital Residence is listed for sale, the parties shall thereafter market the Marital Residence so that it can be sold at the best price obtainable. The marketing and sale of the Marital Residence shall be under the following terms: a. AccePtance of Reasonable Offer: The parties shall be required to accept any reasonable offer to purchase the Marital Residence, which shall be determined on the basis of the length of time on the market, the terms of any prior offers, advice given to either or both parties by their joint realtor or any other realtor, and the then 19 - of the sales contract, otherwise. DISTRIBUTION OF SALES PROCEEDS: existing market conditions. Refusal to Accept Reasonable Offer and Assessment of Attorney's Fees: If either party fails or refuses to accept any such reasonable offer, the party refusing or failing to accept the same shall be liable for the reasonable attorneys fees and costs incurred by the other party in seeking and obtaining a court order to require a sale under the terms of the reasonable offer. Relocation Period: Any agreement for sale of the Marital Residence shall provide Husband and his mother a period of at least sixty (60) days to relocate. Therefore for any offer to be deemed to be reasonable, it provide for a settlement date at least sixty (60) days after the date unless, Husband shall agree Upon the sale and settlement of the Marital Residence, the net proceeds derived, after payment of the Mortgage and all other normal and reasonable settlement costs, shall be applied to the payment of the following, listed in order of priority of payment: a. Payment of Mortqages and Liens: The then existing outstanding balance owed on the mortgage and any other liens and encumbrances against the Marital Residence; b. Settlement Costs: Payment of all normal and reasonable settlement costs, including, but not limited to including, but not limited to by way of illustration, real estate broker's commission, transfer taxes, deed 20 eo Wife. CLEAN AND GREEN TAXES: preparation, notary fees, disbursement fee and the like. Payment to June YaDle: The payment to June Yaple of the sum of Twenty-two Thousand Dollars and No Cents ($22,000.00). Payment to Husband: 50% of the then remaining balance to Husband; Payment to Wife: 50% of the then remaining balance to Husband shall be solely responsible for and shall timely pay and any all taxes arising out of the termination of the enrollment of the Marital Residence and the Lambs Gap Lot in the Clean and Green Program, which termination will occur on or before the sale of the Marital Residence. Husband will pay those taxes on or before the date of settlement on the sale of the Marital Residence. CAPITAL GAINS OR SIMILAR TAXES: Each party shall be responsible for the timely and prompt reporting of fifty percent (50%) of the gain derived from the sale of the Marital Residence, if applicable, on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including, but not limited to, capital gains taxes or the equivalent, and shall indemnify, protect and hold the other party harmless therefrom. OCCUPANCY: Commencing with the date of this Agreement, Husband and his mother, June Yaple, shall be entitled to occupy the Marital Residence and Wife shall not enter upon or into the Marital Residence except upon twelve (12 hours - 21 - o 9 o advance notice to Husband so that Husband may make arrangements to be present if he should so desire. UTILITIES: Husband shall pay for all of the expenses incurred for the utilities used for his occupancy of the Marital Residence. In the event Husband should vacate the Marital Residence during the time the Marital Residence remains vacate, the parties shall equally contribute to and pay the utilities in a timely fashion so that the bills and invoices for said utilities are paid by their due date. MORTGAGE, TAXES AND INSURANCE: With respect to the Mortgage, real estate taxes (including the taxes due in discount by August 31, 2002), insurance, municipal assessments, any other municipal liens and the like, relating to the Marital Residence ("MTIM Expenses") the following shall apply: a. Payment Amount and Time: The parties shall equally contribute to and timely pay the MTIM Expenses as those expenses are incurred and within the time for payment set forth on the bills therefor, or in discount, if a discount is available, or in advance if such advance payment, in whole or in part is required. The foregoing shall include the obligation to pay the current real estate taxes for the marital residence by August 31, 2002. b. Manner of Payment: Each party will be paying his or her fifty percent (50%) share of the MTIM Expenses by separate individual check, and each shall have their check delivered to the appropriate entity issuing the 22 - DIANE G R~DCLIFI= ~ ?74?059 N0.001 11. bill or requirin~ the advance payment eo that each of the MTIM Expenses, are paid on time, and if applicable, in discount. If any party ~ails to mak~ timely payment o~ his or her share aforesaid, than that party shall be reeponslble ~or any ices of discount, interest, or penalty that aris~ out of that late payment. c. Manner of Pa%~ient= ~aoh party will be paying hie or her fifty per=ent (~0%) share of each of these obllgat£ons by their separate check and shall see that their check is delivered to the appropriate entity issuing the bill there£ore so that each of these obligations are paid on time, and if applicable, in discount. If any party fails to make tt~®ly payment of his or her share a~ a~oresaid0 than that party shall be responsible for any interest or penalty that arises cut cf that late payment. d. ~: ~or the 2002 tax year and each tax year thereafter until ~he Marital Hesidence is sold, each par~y shall be entitled to claim as a deduction on his or her applicable individual tax r@turn(s) that portion of the payment of the mortpage interest and real estate taxes that he or she has made during that tax year. e. ]~; Ar~y refunds that the parties shall receive ~or any o~ the MTIM expenses, ~ncluding such refunds arising out of the sale o~ the Marital ~sidence, shall be equally divided between and distributed to thc parties. ~EPA~_RS AND MAINT~NAN~: With respect to any expenses tO be incurred a~ter the date of this Agreement for repair ('Repair Expenses" and/or maintenance (~Maintenance Expenses") regarding or relating to the Marital Residence (the Repair Expenses and the Maintenance Expenses are hereafter collectively referred to as the "R/M Expenses") the following shall apply: a. Payment Amount and Time: The parties shall equally contribute to and timely pay the R/M Expenses as those expenses are incurred and within the time for payment set forth on the bills therefor, or in discount, if a discount is available, or in advance if such advance payment, in whole or in part is required. b. Manner of Pa~rment: Each party will be paying his or her fifty percent (50%) share of the R/M Expenses by separate individual check and each shall have their check delivered to the appropriate entity issuing the bill or requiring the advance payment so that each of the R/M Expenses are paid on time, and if applicable, in discount. If any party fails to make timely payment of his or her share aforesaid, than that party shall be responsible for any loss of discount, interest, or penalty that arises out of that late payment. c. Approval of Work: the following shall apply to approvals necessary before the R/M Expenses can occur: 1. Repair Expense under $250.00: there shall be no prior approval required before a party can incur a repair expense under the amount of $250.00. 2. Repairs over S250.00 and Maintenance: Before a 24 O~ party incurs a Repair Expense that will costs an amount equal to or greater than $250.00 or a Maintenance Expense of any amount, that party shall first be required to secure the written approval of the other party to undertake that repair and/or maintenance. If such written approval is not obtained by the party requesting the work than the requesting party shall be solely responsible for the cost of that work and the other party shall be relived of all liability therefor. 3. Estimates: If a party insists on securing an estimate before the approval required in the preceding paragraph is given, then that party shall be required to make the arrangements for that estimate and shall be solely liable for any cost or expenses that is incurred for that estimate. 12. MISCELLAneOUS: Wife shall pay Husband the amount of $46.23 for the bills and expenses that have heretofore been paid by the parties individually prior to the date of this Agreement, which amount was calculated and set forth in Husband's Attorney's letter dated August 9, 2002. Wife's payment shall be made within seven (7) days of the date Husband provides Wife with the name and address of the contractor, and a copy of the check verifying the payment of this obligation. 2.08. LAMBS GAP ROAD LOT, MECHANiCSBUR~, PA Husband and his mother, June Yaple, are the joint owners with rights of survivorship of a certain three (3) acre tract of unimproved - 25 - te real estate located along Lambs Gap Road, Mechanicsburg, PA (~Lambs Gap Lot") which is unencumbered. With respect to the Lambs Gap Lot the following shall apply: 1. CONVEYANCE: Wife shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Husband and his mother, June Yaple, all of Wife's right, title and interest in and to the Lambs Gap, and Wife specifically waives, releases, renounces and forever abandons all her right, title and interest therein. The deed of conveyance therefor shall be prepared by Husband's attorney, executed by Wife and delivered to Husband as provided in Paragraph 2.09 herein. a. Liens, Encumbrances and Expenses: The said conveyance shall be subject to any and all liens and encumbrances, real estate taxes and any other municipal liens. The conveyance shall further be under and subject to any covenants and restrictions of record. Husband shall hereinafter be solely responsible for the payment of any liens, encumbrances, real estate taxes, other municipal liens and any and all other expenses associated with the Lambs Gap Lot, whether incurred in the past, present or future, and shall indemnify, protect and hold Wife harmless therefrom. 2.09. SUBDIVISION With respect to the proposed subdivision of the Marital Residence referenced in paragraph 2.07 Herein and the Lambs Gap Lot referenced in the Paragraph 2.08 herein, the following shall apply: 1. SUBDIVISION PLAN: The Marital Residence and the Lambs Gap Lot 26 2 o 4 o shall be subdivided and reconfigured in accordance with the proposed subdivision plan previously prepared by Husband's engineer and reviewed and "Subdivision Plan"). SIGNING AND SUBMISSION: The Subdivision Plan within three (3) accepted by the parties (the parties shall sign that days of the date of this Agreement and shall deliver it to Husband. Husband or his engineer shall submit the subdivision Plan to the Township so that it can be reviewed in the Township September meeting. COSTS: The costs of subdivision shall be paid solely by Husband who shall indemnify, protect and hold wife harmless from any and all liability therefor. MINOR MODIFICATION: If the Township requires any minor modification(s) to or on the Subdivision Plan which do not substantially alter the Subdivision Plan or otherwise negatively impact upon the value of the Marital Residence, then the parties shall agree to those modifications and shall execute any documents required by the Township to effectuate the same. DESCRIPTION DESIGNATIONS: If and when the Subdivision Plan is approved and recorded, the lot on the Subdivision Plan which includes the parties' marital home shall thereafter be considered to be the "Marital Residence" and as so reconfigured on the Subdivision Plan shal~ be distributed as herein provided, and the remaining unimproved lot containing approximately three (3) acres shall be considered to be the "Lambs Gap Lot" and as so reconfigured on the Subdivision Plan - 27 shall be distributed as herein provided. 6. SALE ARD TRA/~SFER CONTINGENCY: The contract for the sale of the Marital Residence set forth in Paragraph 2.07 herein and the transfer of the Lambs Gap Lot set forth in Paragraph 2.08 herein shall be contingent upon approval and recording of the Subdivision Plan no later than December 31, 2002. In the event the Subdivision Plan approval and recording does not occur by December 31, 2002, then this contingency shall be removed and be considered to be terminated, null and void. Thereafter any contract for the sale of the Marital Residence and any such sale pursuant thereto shall be without such contingency and based on the configuration and legal description as currently exists; and, within seven (7) days after Husband's attorney prepares and delivers to Wife's attorney the deed to effectuate the transfer the Lambs Gap Lot based on the configuration and legal description as currently exists to husband and his mother, June Yaple, as herein provided, Wife shall execute that deed and deliver it to Husband's attorney for recording. 2.10. WAIVER OF INTEREST IN OTHER REAL ESTATE Wife does specifically waive, release, renounce and forever abandon all of her right, title, interest or claim, whatever it may be, in the real estate known and numbered as 420 St. Johns Church Road, Camp Hill, PA 17011, owned by Husband and his mother, June Yaple, and hereafter the 420 St. John's Church Road, Camp Hill, PA property shall be, become and remain the sole and separate property of Husband and his mother, June Yaple. If Husband requires Wife to execute any documents to effectuate - 28 - this waiver, Husband shall prepare and deliver said documents to Wife who, shall execute and return them to Husband within seven (7) days thereafter. 2.11. WAIVER OF BUSINESS INTERESTS Wife does specifically waive, release, renounce and forever abandon all of her right, title, interest or claim, whatever it may be, in the Husband's interest in the businesses known as Westy Beer Distributor's Inc. and Husband's Leasing Company shall become the sole and separate property of Husband. If Husband requires Wife to execute any documents to effectuate this waiver, Husband shall prepare and deliver said documents to Wife who, shall execute and return them to Husband within seven (7) days thereafter. 2.12. WAIVER OF INTEREST IN LITIGATION: Husband does specifically waive, release, renounce and forever abandon all of his right, title, interest or claim, whatever it may be in the claim Wife has as the result of her fall at a hotel, including, but not limited to any moneys that she may receive as the result of settlement, litigation or otherwise. If Wife requires Husband to execute any documents to effectuate this waiver, Wife shall prepare and deliver said documents to Husband who, shall execute and return them to Husband within seven (7) days thereafter. 2.13. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings - 29 Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, identified on Exhibit "A", incorporated by reference hereto, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 2.14. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, identified on Exhibit "A", incorporated by reference hereto, (~the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 2.15. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of 30 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 terms of this Paragraph on his or her applicable federal or state income tax returns. THIS SPACE INTENTIONALLY LEFT BLANK - 31 - SECTION III DISTRIBUTION OF DEBTS 3.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife 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. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband 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. 3.03. MARITAL DEBT The parties acknowledge, represent and agree that there are no outstanding debts that they have incurred during the marriage that have not otherwise been provided for herein. If any such debt exists that has not been disclosed in this Agreement, the party incurring that debt shall be solely liable therefore and shall indemnify, protect and hold the - 32 - other party harmless therefrom. The parties further agree that from the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and if any joint accounts remain open, the parties shall cooperate in closing said remaining joint accounts. 3.04. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. THIS SPACE INTENTIONALLY LEFT BLANK 33 SECTION COUNSEL FEES, SPOUSAL SUPPORT AND IV ALIMONY, HEALTH INSURANCE 4.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY AND SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 4 · 03 · HEALTH INSURANCE The following shall apply regarding health insurance on the parties and their children: a. Health Insurance for SPouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the divorce decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party' s employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs therefor. b. Health Insurance Documentation: Any party having the insurance coverage on the other party shall be required to - 34 - provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. THIS SPACE INTENTIONALLY LEFT BLANK 35 - SECTION V CLOSING PROVISIONS AND EXECUTION 5 . 01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5 · 02 · FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5 · 03 · BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the Karen K. Yaple, intending to be legally bound hereby, has signed sealed and acknowledged this Marital Agreement in various counterparts, each of which shall constitute an original. - 36 IN WITNESS WHEREOF, the James S. Yaple, Jr., intending to be legally bound hereby, has signed sealed and acknowledged this Marital Agreement in various counterparts, each of which shall constitute an original. s s. YAP~., % Da e: SEAL) - 37 - pENN SyLV~IIA : COMMONWEALTH OF : SS. co~TY OF c~BERLAND : /0~~.~, ~002, be~°re me the . ~ day O~~EN K. yAPLE, known to me (or - ~is the 2/----3__~ llY aP~- . subscribed to the on ~ 'cer, Pe~=~a -~^n whose name -~ K. yAPLE executed undersigned °~roven~ to be the Pe~~ =_~ that satisfactorily and ackn°w£eu~ within Marital Agreement, therein conta~ne ' . the same ~or the Purposes to~~ h and notarial seal IN wiTNESS WHEREOF, I hereUn My commission Expires: COMMONWEALTH OF pENNSYLVANIA :: SS. uuu~, ~'~ day o~ ~ S. yAF~_,~ is subSCri~ - ~is the ~--~allY aPpeareu'-~on whose nat~= . YAP] ~or the P P aria~ to t .... , d the same JR · e~te IN wITNESS ~EREOF, 38 MARITAL DISTRIBUTION SCHEDULE EXHIBIT A DESCRIPTION OF PROPERTY OR LIABILITY PROPOSED DISTRIBUTION TO HUSBAND 920 Lamps Gap Road Mechanicsburg, Pa (7 Acres) fun Trust Mortgage 3 Acres on Lambs Gap Road ,'s Beer Land wife's 1998 cadillac Wife's 1970 Corvette Husband's 1969 Corvette Portion to June Yaple and remainder split equally between parties 50% until sale of house then paid from sales proceeds Entire Asset And/or Value Entire Asset And/or Value 1995 Indy Pace Car (Joint) 1991 Corvette convertible (joint) Indy pace car 1954 Corvette (in partS) 959 Corvette ~31 Devaux Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value PROPOSED DISTRIBUTION TO WIFE Portion to June Yaple and remainder split equally between parties 50% until sale of house then paid from sales proceeds Entire Asset And/or Valu~ ~ntire Asset And/or Valu( Entire Asset And/or Valu Husband's Commerce Bank Checking Account wife's Commerce Bank Checking Account Entire Asset And/or Value Entire Asset And/or Val 39 DESCRIPTION OF PROPERTy OR LIABILITy HUsband,s Fidelity Mutual Policy HUSband,s Prudential POlicy Wife,s Fidelity MUtual Policy Westy,s Beer Distributors and HUSband,s Leasing Company PROPOSED DISTRIBUTION TO Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value PROPOSED DISTRZBUTZoN TO WIFE Entire Asset And/or Value Wife,s Holy Spirit Retirement Plan Wife's U.S. Military Retirement Wife,s Memorial Hospital Retirement Plan Wife's (Merrill Lynch} IRA HUSband,s Merrill Lynch IRA Wife,s First Dominion IRA Entire Asset And/or Value Wife, Claim Against HOtel HUSband,s HOUSehold Goods Wife,s HOUsehold GOOds Entire Asset And/or Value HUsband,s Pre-marital Trains and Guns HUSband,s Marital Trains and Guns Wife's Fur Coats Wife's Jewelry Entire Asset And/or Value Entire Asset And/or Value Entire asset and/or Value Entire asset and/or valu. Entire asset and/or value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value Entire Asset And/or Value - 40 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES S. YAPLE, KAREN K. YAPLE, Plaintiff : : NO. 01-7237 CIVIL TERM : CIVIL ACTION - LAW Defendant · DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING ~ F~-NER OF SERVICE OF THE COMPLAINT: a. Date of filinq of Complaint: 12/31/2001 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery c. Date of Service of Complaint: 1/3/2002 3 o DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: September 16, 2002 b. Defendant: September 12, 2002 O_ER DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AIgD DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filing: N/A c. Date of Service: N/A RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to September 19, 2002 Marital Agreement executed by the parties, and filed of record in this case. The September 19, 2002 Marital Agreement is to be incorporated into but not merged with the Divorce Decree. 5o 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) (1) (I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A O__r DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: September 23, 2002 b. Defendant's Waiver: September ~~__~ ~ ~23' 2002~~ ~ ~i~AR°~011 Supreme Court ID # 32112 Phone: (717) 737-0100 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF JAMES S, YAPLE, JR., Plmint. iff VERSUS Defendant PENNA. NO. NO. 02-7237 CIVIL TERM DECREE iN DIVORCE AND NOW, ~/'~AP ~-~'~; , ~e0%-, IT IS ORDERED AND DECREED That JAMES S. YAPLEi JR. , PLAINTIFF, AND KAREN K. YAPLE , 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; No issues are outstanding. Ail issues have been resolved and settled by the parties' Marriage Settlement Agreement dated September 19, 2002, filed of record and incorporated, but not merged, into this Decree. bY The COUrt: // C)NOTARY In the Court of Common Pleas of CUMBERLANO Co~,nty, Pennsylvania DOMESTIC RELATIONS SECTION JAM~S S. yAPLE JR VS. KAREN K. YAPLE plointiff Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-7237 CIVIL 903104784/D31994 ORDER AND NOW, to wit on this XOTa DAY OF OCTOBER, 2002 rr IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or ~) Other filed on ~UGUST 9, 2002 in the above captioned ALIMONY X,m~'~gNTE LITE matter is dismissed without prejudice due to: THE pARTIES MARITAL AGREEMENT AND pLAINTIFF WITHDRAWING IRIS REQUEST FOR ALIMONY pEND~NTE LITE. 0 The Complaint or Petition maY be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Diane Radcliff, Esquire Barbara Supple-Sullivan, Esquire BY THE COURT: Kevin A. Hess R3DG~ Form OE-506 Worker ID 21OO5