HomeMy WebLinkAbout01-1608IN THE COURT OF
OFCUN
STATE OF
ROBERT K. MORRIS,
PLAINTIFF
VERSUS
SANDRA L. MORRIS,
DEFENDANT
NO.
MMON PLEAS
)UNTY
PENNA.
01-1608 CIVIL TERM
AND NOW,
DECREED THAT
AND
DECREE IN
DIVORCE
ROBERT K. MORRIS
SANDRA L. MORRIS
'--~"~, ~'~__, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLO~rING CLAIMS WHICH HAVE
BY EITHER PARTY
BEEN RAISED OF RECORD IN THIS ACTION~OR WH CH A FINAL ORDER HAS NOT
YET BEEN ENTERED; INCLUDING:
Equitable Distribution; Alimony Pendente Lite; Counsel Fees
and Costs
ATTEST:
PROTHONOTARY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CiVIL ACTION - LAW
VS.
Plaintiff
Defendant
: FILE NO.
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the above matter, having
been granted a Final Decree in Divorce on the ,~/~'t day of
elects to resume the prior surname of~-'~/~r//y//?C/ ,
hereby
and gives this written notice pursuant to the provisions of 54 P.S. 704.
Signature
~ignature of name being resumed
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
On the ]/'~'~-~ day of kJ~, , 20(~4 , before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
Notary Public
INOTARIAL SEAL I
CLAUDIA A BREWBAKEB, NOTARY PUBLIC
Carlisle Boro, Cumberlanci County
My Coimmission Expires April 4, 2005
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT K. MORRIS,
Plaintiff
VS.
SANDRA L. MORRIS,
Defendant
No. 01-1608 CML TERM
Civil Action - In Divorce
WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
PLEASE withdraw my appearance as attorney of record for the Defendant, Sandra L. Morris,
at the above-captioned docket.
R
~spectfully submitted by:
.8 South Baltimore Street
'illsburg, PA 171.09
Dated: ~/~_...~,~. ~ )y" (717) 432-4514
PLEASE enter my appearance as attorney of record on behalf of the Defendant, Sandm L.
Morris, at the above-captioned docket.
Respectfully submitted by:
Dated:
Timothy J. C6'lgmyE~quire
ID # 77944
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
ROBERT K. MORRIS,
Plaintiff
SANDRA L. MORRIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-1608 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
MARITAL AGREEMENT
BETWEEN
ROBERT K. MORRIS
AND
SANDRA L. MORRIS
INTRODUCTION
THIS AGREEMENT made this 7th r day of October, 2004, by and between SANDRA L.
MORRIS, ("Wife") of 1974 Randall Road, Enola, Pennsylvania, and ROBERT K. MORRIS,
("Husband") of 821 Briarwood Lane, Camp Hill, Pennsylvarda.
WITNESETH:
WHEREAS, the parties hereto are husband and wife, ihaving been married on October 7, 1987 in
Enola, Cumberland County, Pennsylvania and separated on March 18, 2001.
WHEREAS, The parties are the parents of one child: Frank Paul Morris, bom April 13, 1988, (the
"Child").
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 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:
SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE. The recitals set tbrth 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. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as
the date of execution by the party last executing this Agreement.
1.03. FINANCIAL DISCLOSURE_ The parties confirm that each has relied on the substantial accuracy
of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party
acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the
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parties' respective incomes, which has been provided to each party.
1.04. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he
or she has the right: (1) to obtain from the other party a comple~Ie 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 fights and obligations, including the fight 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. Given said understanding and acknowledgment, both
parties hereby waive the foregoing procedural rights.
1.05. 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
executed by the parties.
1.06. 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:
A. 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 wherese, ever situate, which he or she now 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.
B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary,
or all other fights 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;
C. 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.
D. 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 property of any kind or nature, real, personal
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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.
1.07. WAIVER OR MODIFICATION. 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.
1.08. MUTUAL COOPERATION. Each party shall, at any time, and fi.om time to time hereafter, and
within five (5) business days of request, take any and all steps -'md 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.
1.09. 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.
1.10. 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.
1.11. 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:
A. Divorce Code Remedies: 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.
B. 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.
C. Other Remedies: Any other remedies provided for in law or in equity.
D. Breach Notice.: In the event of an alleged breach of any term of this Agreement, the aggrieved
party shall provide written notice to the breaching party and his or her counsel of his or her intent to take
action to enfome his or her rights under the Agreement and to remedy such breach. The breaching party
shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to
the institution of any proceedings of any nature for enforcement of this Agreement.
-3-
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 mariner 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. DISTRIBUTION OF PROPERTY AND DEBTS TO WIFE, As set forth on the Marital
Distribution Sheet the following marital assets and debts are and shall be distributed to wife as her sole and
separate property and/or as her sole and separate liability and obligation:
A. Wife's Personal Property: All items of personall property in the possession of Wife, not
otherwise distributed herein, excepting only the items of personal property set forth on the list attached
hereto as Exhibit "B", and made a part hereof to be distributed to Husband.
B. Wife's Vehicle(s)and Vehicle Loan(s): The 1995 Dodge Spirit, or the sale proceeds from the
sale or trade in value thereof.
C. Wife's Accounts: Wife's Members 1st checking account #11 and Wife's Member's 1st savings
account g/tOO.
D. Wife's Life Insurance: Wife's John Hancock Mutual Life insurance policy and the cash value
thereof.
E. Wife's Retirement Plans: Wife's 401K Plan employee account and Wife's 401K Plan PIA
account.
F. Wife's Debts: Wife shall be solely liable for and shall timely pay the following debts:
1. goscov's
2. Bon ton
3. Vehzon
4. MCI.
G. Monetary Payment: A monetary payment from Husband to Wife in the amount of $41,508.00.
$35,000.00 of said payment shall be made to Wife when she w[cates the marital home. The remaining
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$6,508.00 shall be paid in part by transfer of the balance in Husband's IDS IRA account to Wife and once
the amount of IRA balance transferred is determined then the remainder in cash within ten (10) business
days of that IRA transfer. The transfer of the IRA balance shall occur as soon as practical.
2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. As set forth on the Marital
Distribution Sheet attached hereto and marked Exhibit "A", the following marital assets and debts are and
shall be distributed to Husband as his sole and separate property and/or as his sole and separate liability and
obligation:
A. Husband's Personal Property: All items of personal property in the possession of Husband,
not otherwise distributed herein, and the items of personal property set forth on the list attached hereto as
Exhibit "A", and made a part hereof to be left in the marital home for Husband.
B. Husband's Vehicle(s)and Vehicle Loan(s): The 2000 Saturn LS, or the sale proceeds from the
sale or trade in value thereof, and the vehicle loan owed to Chase for the purchase of that vehicle.
C. Husband's Accounts: Husband's Member's 1st clhecking account #45304 #11; Husband's
Member's 1st savings account #45304 #00; Husband's Members 1st checking account #56518 #11 and
Husband's Members 1st savings account #56518#00. Wife shall cancel her insurance payment withdrawal
from one of these accounts as of the date of this Agreement.
D. Husband's Retirement Plans: Husband's Dupont pension and Exel 401K
E. Real Estate: The jointly owned real estate known and numbered as 1974 Randall Road, Enola,
Pennsylvania, ("the Real Estate"), encumbered with a mortgage owed to Sun Trust Mortgage, ("the
Mortgage"), subject to the following:
1. Conveyance: Wife shall make, execute and deliver all documents in the usual form
conveying, transferring and granting to Husband all of Wife's fight, title and interest in and to the Real
Estate. The deed of conveyance shall be executed by wife within ten (10) business days of the date of this
Agreement and held in escrow by Wife's attorney pending completion of the refinance at which time it shall
be delivered to husband's attorney to record.
2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens
and encumbrances covenants and restrictions of record including, but not limited to, the lien of the
Mortgage, real estate taxes and any other municipal liens. Except as hereafter provided, Husband shall
hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens
and any and all other expenses associated with the Real Estate,. whether incurred in the past, present or
future, and shall indemnify, protect and save Wife harmless therefrom.
3. Refinance.: Husband shall apply for refinancing of the Mortgage within fifteen (15)
business days of the date of this Agreement and shall completed settlement on that refinancing within sixty
(60) days of the date of this agreement so as to release Wife front further liability under the Mortgage and
underlying Note. The costs of refinancing shall be paid by Husband.
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4. Wife's Occupancy: Wife shall be entitled to occupy the Real Estate for a period of ninety
(90) days frm the date of this Agreement or for such longer tirae as the parties shall mutually agree. The
condition of her occupancy is that she must pay the mortgage payments, taxes and insurance for the Real
Estate and all utilities incurred during her occupancy. Said amounts shall be prorated as of the date she
vacates.
F. Husband's Debts: Husband shall be solely liable fi~r and shall timely pay the following debts:
1. Joint Members lst PSL loan
2. Joint Members 1st Visa account and finance charges
3. Joint Discover card and finance charges
4. Husband's First USA Visa account and finance charges,
5. Comcast account No. 29-01
6. PP&L account No. 94006
7. PA American Water account.
8. To the extent such accounts have balances., they shall be paid off at the time of the
refinance of the Mortgage referenced above.
G. Monetary Payment: As set forth in the preceding paragraph 2.02, a monetary payment from
Husband to Wife in the amount of $41,508.00. $35,000.00 of said payment shall be made to Wife when she
vacates the marital home. The remaining $6,508.00 shall be paid in part by transfer of the balance in
Husband's IDS IRA account to Wife and once the amount of IRA balance transferred is determined then the
remainder in cash within ten (10) business days of that IRA transfer. The transfer of the IRA balance shall
occur as soon as practical.
2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision
shall apply to the distribution of the parties' marital assets and debts:
A. Final Equitable Distribution of Property: The division and distribution of all property and
debts set forth in this Agreement is equitable and in the event art 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.
B. 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
-6-
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.
C. Title Transfer.: If appropriate, for effectuating the transfers as herein provided, those titles shall
be executed and delivered to the appropriate party on the date of this Agreement, unless another date is
provided herein.
D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons
whatever right, title and interest they may have in any prope~Iy that is to become the sole and separate
property of the other party pursuant to the terms of this Agreement.
E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as
his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and
liable therefor.
F. Debt Balances and Prior Payments: Any debt herei[n described shall be deemed to include the
current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no
adjustment in the distribution provisions for the payment of arty portion of the marital debts prior to the
execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically
referenced in this Paragraph, said payment having been taken into consideration in determining the
distribution of marital assets and debts herein provided.
G. 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.
H. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make
any further charges thereunder, and if said charges are made in violation of this Agreement, then the party
incurring said charge shall immediately repay the same.
I. Non-Disclosed Liability_: Any liability not discle, sed in this Agreement shall be the sole
responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having
incurred said debt shall pay it as it becomes due and payable.
J. No Further Joint Debt: 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 the parties
shall cooperate in closing any remaining accounts which provide for joint liability.
K. No Additional Debt: Each party represents and warrants to the other party that since the
separation he or she has not, and in the future he or she will not,~ contract or incur any debt or liability for
which the other party or the other party or the other party's estate might be responsible.
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L. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that
party shall refinance the same within sixty (60) days of the date of this Agreement so as to release the other
party from any and all liability thereunder.
SECTION III
COUNSEL FEES, SPOUSAL SUPPORT,
APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS
3.01. 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.
3.02. ALIMONY, APL, AND SUPPORT. Except as hereafter provided, 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. In this regard, the support order entered
against Husband in the Cumberland County support action docketed to 00361 S 2001, Pacses No.
822103425 shall be terminated eflrecti,~ ;h,~ data cf t,~ a~-ccrac~t.
3.03. CHILD SUPPORT. The parties acknowledge that both of them have an obligation to contribute to
the financial support of their child. The parties further acknowledge, however, that Wife has made
significant financial concession to Husband in this Agreement, both by accepting less marital property than
she would likely be awarded by a Court if this matter were fully litigated and by her conditional waiver of
alimony, as set forth below, and that such concessions were made to permit Husband to have the financial
ability to provide solely for the financial needs of the Child, in lieu of child support payments from Wife.
Further, the parties expressly agree that the financial concessions made by Wife in this Agreement, and the
financial benefit derived by Husband from such concessions, are full and adequate consideration for
Husband's waiver of any child support payments or contributions from Wife from and after the date of this
Agreement. Husband agrees that he shall not seek, through any Court or otherwise, and shall not receive
or retain any child support payments from Wife from and afier the date of this Agreement and that, if he
does, he shall indemnify and save Wife harmless, absolutely and without condition, from any such payments
she is required to make, any and all costs, including reasonable: attorney's fees, incurred by her to litigate
such a claim for child support or to otherwise enforce the terms and provisions of this and the following
paragraph of this Agreement. The parties further agree that, in the event Wife obligated to pay child support
at any time afier the date of this Agreement, Husband shall pay alimony to her in accordance with the
provisions of the following paragraph.
3.04. CONDITIONAL WAIVER OF ALIMONY: The parties acknowledge that Husband's earnings and
earning capacity are significantly greater than that of wife and that they will continue to be greater in the
future. In consideration of the waiver ofchild support, as set forth in Paragraph 3.03 hereof, however, Wife
does hereby conditionally waive any right to seek, obtain, or retain spousal support, alimony pendente lite,
or alimony from Husband. The condition of such waiver, however, is that, in the event that Wife is
obligated at any time to pay child support for the parties' Child, her claim for alimony shall be immediately
reinstated and Wife shall be entitled to receive alimony payments from Husband in an amount equal to one
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hundred (1 ~o)~t of any child support she is required to make. Said alimony is limited to the amount
of the child support, is limited in duration to the time period child support is ordered and otherwise non-
modifiable. The parties specifically acknowledge and agree thall the waiver of alimony is conditioned upon
the continuing waiver by Husband to seek or obtain child support from Wife and that, in the event he
receives any support from her, Wife's waiver of the right to seek alimony shall terminate absolutely and
Husband shall be obligated to pay alimony to Wife pursuant to the terms of this paragraph.
SECTION IV
CLOSING PROVISIONS AND EXECUTION
4.01.
4.02.
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.
FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures
hereto.
4.03.
BINDING EFFECT. By signing this agreement, each party acknowledges having read and
understood the entire agreement, and each party acknow][edges 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 parties hereto, intending to be legally bound hereby, have signed sealed
and acknowledged this Agreement the day and year below written, which Agreement has been executed in
vahous counterparts, each of which shall constitute an original.
WITNESS:
(SEAL)
ROBERT K. MORRIS
Date: October 7, 21004
rSANDRA L. MORRIS
Date: October 7, 2004
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COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On this the ~day of (q*~ ~ 2004, before me the undersigned officer, personally
appeared, ROBERT K. MORRIS, k~o~ t~) me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
si~ Expires:
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
· -- Nota~al Ses~ - ~
J Diane G. Raddiff, Notary Public ~
J Camp Hilll~:xo, Cumberland County J
Member, penfl~ylvania Association Of Notaries
the,-l~'x~
On this day of C:~,.~, 2004, befbre me the undersigned officer, personally
appeared, SANDRA L. MORRIS, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I~have~b&~unto set my hand and notarial seal.
~ ~OT--"~'/~ PUBLIC k.
~_~My Co22g~ission Expires:
COMMONWEALTH OF PENNSYLVANIA
F --N~,e~ Se~
/ Diane G. Radcliff, Notary PuUic
J Camp Hilt Soro, Cumbel~nd ,~Cou~
~ssion Expires Jan, 11,
Member, penn~syJvania Association Of Notaries
-10-
EXHIBIT A - MARITAL ESTATE iDISTRIBUTION SHEET
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTIO
LIABILITY LIABILITY TO HUSBAND N TO WIFE
1974 Randall Rd. Enola 2004 128,000.00 128,000.00 128,000.00
Sun Trust Mortgage 7.6.04 (57,811.00) (57,811.00) (57,811.00)
W's 1995 Dodge Spirit 3.01 2,475.00 2,475.00 2,475.00
H's 2000 Saturn LS 3.01 15,540.00 15,540.00 15,540.00
Chase Saturn Loan 3.01 Est. (19,900.00) (19,900.00 (19,900.00)
Joint Member's 1st 3.16.01 585.82 585.82 585.82
Account #45304#11
Checking
Joint Member's 1st 3.16.01 350.41 350.41 350.41
Account #45304 # 00
Savings
Husband's Member's 1st 3.31.0I 1,379.64 1,379.64 1,379.64
Account #56518#1 I
Checking
Husband's Member's 1s~ 3.31.01 1,050.28 1,050.28 1,050.28
Account #56518#00
Savings
Wi fe's Member's 1 st 3.18.01 1,019.40 1,019.40 1,019.40
Account #11 Checking
Wife's Member's 1 st 3.18.31 731.77 731.77 731.77
Account ##00 Savings
Wife's John Hancock 10.1.03 1,852.31 1,852.31 1,852.31
Mutual Life Policy #//
H's Dupont Pension 3.10.03 Distribute to Distribute to Distribute to
Husband Husband Husband
Husband's Exel 401K 3.31.01 56,412.46 56,412.46 56,412.46
Husband's IDS IRA 7.24.03 5,369.97 5,369.97 5,369.97
Wife's 401K Plan 3.1.01 21,227.41 21,227.41 21,227.4 I
Employee Account
Wife's 401K Plan PIA 3.1.01 29,718.25 29,718.25 29,718.25
Account
Jt. Member's 1~t PSL 3.9.01 (6,697.06) (6,697.06) (6,697.06)
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EXHIBIT A - MARITAL ESTATE DISTRIBUTION SHEET
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTIO
LIABILITY LIABILITY TO HUSBAND N TO WIFE
Jr. Member's 1st VISA 3.23.01 (2,304.69) (2,304.69) (2,304.69)
Jt. Member's 1st VISA 3.23.03- (559.31) (559.31) (559.31)
Finance charges 6.24.03
Jt. Discover Card 4.1.0l (3,394.71) (3,394.71) (3,394.71)
Jt. Discover Card 4.1.01- (1,032.89) (1,032.89) (l,032.89)
Finance charges 7.3.03
Husband's 1~ USA Visa 3.17.01 (2,334.91) (2,334.91) (2,334.9t)
1~t USA Visa Finance 3.17.01- (656.09) (656.09) (656.09)
charges 6.17.03
Comcast Account 29-01 3.23.01 (31.78) (31.78) (31.78)
PP&L Account #94006 2.28.01 (121.00) (121.00) (121.00)
PA American Water 3.16.01 (27.05) (27.05) (27.05)
Wife's Boscov's 3.6.01 (104.70) (104.70) (I04.70)
Wife's Bon-Ton 3.3.01 (251.25) (251.25) (251.25)
Wife's Verizon 3.24.01 (17.15) (17.15) (17.15)
Wife's MCI 3.24.01 (328.07) (328.07) (328.07)
TOTALS
Total of Assets and Liabilities I 170,141.06 I 113,818.09I 56,322.97
ADJUSTMENT FOR 42.5/57.5DIVISION
I 170,141.06 113,818.09 56,322.97
Totals
from
above
Amount Due in 42.5/57.5 Division 72,309.95 97,831.11
Adjustment Figure for 42.5/57.5 (41,508.14) 41,508.14
Wife's Payment Due Husband for Life Insurance Paymen~ts
Net Due Wife (41,508.14) 41,508.14
Cash From Interest in House 35,000.00 (35,000.00)
Remaining Payment to Be Made from Transfer of Husband's IRA (6,508.14) 6,508.14
and Remainder If Any in Cash upon That Transfer
- 12-
EXHIBIT "B" PROPERTY TO BE TRANSFERRED TO HUSBAND
1. 28" tv
2. Bureau
3. Bunk Beds
4. Refrigerator
-13-
ROBERT K. MORRIS,
Plaintiff
vs.
sANDRA L. MORRIS,
Defendant
ORDER OF coURT
IN THE COURT OF coMMON PLEAS OF
cuMBERLAND CouNTY, PENNSYLVANIA
NO. 01 - 1608 CIVIL
IN DIVORCE
resolved
7, 2004,
can file
requesting a final decree in divorce.
AND NOW, this ~ day of '. ~ ....
2004, the economic claims raised in the proceedings having been
in accordance with a marital agreement dated October
the appointment of the Master is vacated and counsel
a praecipe transmitting the record to the Court
BY THE coURT,
cc'.
Diane G. Radcliff
Attorney for Plaintiff
Timothy J. Colgan
Attorney for Defendant