HomeMy WebLinkAbout01-2468RAYMOND J. CULVER
Plaintiff
ROBIN CAROL CULVER
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. O I -
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans With Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the Court, please contact our office. All arrangements must be made
at least 72 hours prior to any hearing or business before the Court.
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
RAYMOND J. CULVER
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. O/o 2 vt, ~' ~ -7'-~,-
ROBIN CAROL CULVER
Defendant
: IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
COUNT I - IN DIVORCE
I. Plaintiff is RAYMOND J. CULVER, residing at 1050 Barlow Green Mount
Road, Gettysburg, Adams County, Pennsylvania 17325.
2. Defendant is ROBIN CAROL CULVER, residing at 2535 Bullfrog Road,
Fairfield, Adams County, Pennsylvania 17320.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six months immediately previous to the filing of this Comp)aint.
4. The Plaintiff and Defendant were married on August 27, 1988, in Gettysburg,
Adams County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The parties have lived separate and apart for a period of time in excess of two
(2) years.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the court require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Plaintiff incorporates herein the prior paragraphs by reference.
11. The parties are the owners of personal property subject to equitable distribution
between them as marital property.
12. The Plaintiff requests the Court to equitably divide such items of marital
property between them.
WHEREFORE, the Plaintiff requests this Court to:
a, Enter a final Decree of Divorce divorcing Plaintiff from Defendant; and
b. Grant equitable distribution of the madtal property of the parties; and
c. Grant such further relief as it shall deem proper and just.
Respecffully submitted,
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attomey No. 20952
I hereby verify that the statements made in the foregoing are true and correct,
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsification to authorities,
Dated:
RAYMOND J. ~R
RAYMOND J. CULVER
Plaintiff
: IN THE COURT OF COMMQN PLEAS OF
: CUMBERLAND CQUNTY, PENNSYLVANIA
ROBIN CAROL CULVER
Defendant
: IN DIVORCE
WAIVER OF COUNSELING
RAYMOND J. CULVER, Plaintiff herein, hereby states and certifies as follows:
1. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the
Domestic Relations Office, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. § 4904, relating to unswom falsification to authorities.
Dated: ~'/'~ ~),,,~/'
RAYMOND J. CULVER
Plaintiff
ROBIN CAROL CULVER
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-2468 CIVIL TERM
: IN DIVORCE
ACCEPTA CI~,C_EAO~ gFRVICE
I confirm that I received and accepted service of the Divorce Complaint
filed in this matter, and I recognize that I am the Defendant in this action.
Date ,2001.
ROBIN CAROL CULVER
2535 Bullfrog Road
Fairfield, PA 17320
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RAYMOND J. CULVER,
Plaintiff
VS.
ROBIN C. CULVER,
Defendant
NO. 01-2468
Action in Divorce
PLAINTIFF'S
AFFIDAVIT OF CONSENT
27,2001.
A Complaint in divorce under Section 3301(c) of the Divorce Code was filed April
2. The marriage of Plaintiffand Defendant is irretrievably broken, and ninety (90) days
have elapsed from the date of service of the Complaint on April 29, 2001.
3. I consent to the entry of a final decree of divorce.
I verify that the statements made in this Affidavit are true and correct. 1 understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unswom falsification to authorities.
Raymond J. Culvo~, Plaintiff
Date:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RAYMOND J. CULVER,
Plaintiff
VS.
ROBIN C. CULVER,
Defendant
NO. 01-2468
Action in Divorce
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court,
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom
falsification to authorities.
Date
,-"" .~' /.//,,' >J .-Cc--~
Raym~ond J. C~er, Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RAYMOND J. CULVER,
Plaintiff
VS.
ROBIN C. CULVER,
Defendant
NO. 01-2468
Action in Divorce
DEFENDANT'S
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 27. 2001.
2. The marriage of Plaintiffand Defendant is irretrievably broken, and ninety (90) days
have elapsed fi:om the date of service of the Complaint on AprJ. 1 29, 2001.
3. I consent to the entry ora final decree of divorce, a~nd have signed a waiver of notice
of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Date oQ ·
Robin C. Culver, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RAYMOND J. CULVER,
Plaintiff
VS.
ROBIN C. CULVER,
Defendant
NO. 01-2468
Action in Divorce
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose 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.
1 verify that the statements made in this affidavit are true and correct. I understand that fhlse
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
thlsification to authorities.
Date: ~.lq '6>2--
Robin C. Culver, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
RAYMOND J. CULVER, :
Plaintiff :
:
vs. : NO. 01-2468
:
ROBIN C. CULVER, :
Defendant :
NOTICE OF RESUME PRIOR SURNAME
NOTICE is hereby given that the Plaintiff/Defendant in the above-captioned matter are
in the process of a divorce; the Complaint in Divorce having been filed by Plaintiff on April 27,
2001. Defendant, Robin C. Culver, hereby elects to resume the prior surname of Robin C.
Klock, and gives this written notice pursuant to the provisions of 54 P.S. 704.
Date: ~'t~'O~'
Robin C. Culver
Robin C. Klock
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ADAMS
On this /'~ day of ---~.~ , 2002, before me, a notary public, the
undersigned officer, personally appeared Robin (~. Culver, now to be known as Robin C. Klock,
known to me, or satisfactorily proven, to be the person whose name is subscribed to the within
instrument and acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notary Public
Nolarial Seal
M{ulh~ B. $i,e~, Nmm'y Public
MHamlllonban Twp.. Adams Coum]~
Commission E. xpims Apr. 22, ~
P~AYMOND J. CULVER,
Plaintiff/Respondent
ROBIN C. CULVER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-2468
:
: CIVIL ACTION - I~W
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please enter the appearance of Nichole M. Staley O'Gorman,
Esquire on behalf of Robin C. Culver, Defendant in the above-
captioned matter.
Harrisburg, PA 17102-2392
I.D. No. 79866
(717) 234 -4178
Esq.
Date: July 15, 2002
P~AYMOND J. CULVER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERL~LND COUNTY, PENNSYLVANIA
v. : NO. 01-2468
ROBIN C. CULVER, :
Defendant/Petitioner : IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this ,7' day of ~ , 2002,
upon consideration of the foregoing Petition to Enforce
Settlement Agreement, Respondent is directed to show cause, if
any, why the requested relief should not be granted.
RULE RETURNABLE
days from the date of service.
BY THE COURT:
Distribution:
William C. Gierasch, Jr.,
Nichole M. Staley O'Gorman,
Esqu'/re~ Esquire
RAYMOND J. CULVER,
Plaintiff/Respondent
ROBIN C. CULVER,
Defendant/Petitioner
PETITION TO ENFORCE SETTLEMENT AGREEMENT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2468
· IN DIVORCE
AND NOW,
Robin C.
Haller,
comes Petitioner, Robin C. Culver, now known as
Klock, by and through her attorneys, Purcell, Krug and
and files the following Petition to enforce the
settlement agreement of the parties:
1. Petitioner is Robin C. Klock,
Defendant in the
~Klock").
formerly Robin C. Culver,
above captioned divorce action (hereinafter
2. Respondent is Raymond J. Culver, Plaintiff in the above
captioned divorce action (hereinafter ~Culver").
3. The parties were divorced from the bonds of matrimony by
a decree dated February 27, 2002. A true and correct copy of the
parties' Decree is attached hereto and made part hereof as
Exhibit ~A".
4. A Marriage Settlement Agreement dated February 6, 2002
was incorporated but not merged into the decree. A true and
correct copy of said agreement is attached hereto and made part
hereof as Exhibit
5. Pursuant to Paragraph 9.02(b) of the above referenced
agreement,
accounts:
Klock was to receive the following investment
a. I.D.S.
b. I.D.S.
c. I.D.S.
d. I.D.S.
e. I.D.S.
Paragraph 7.02 of
570-2 Extra Income Fund;
570-4 Progressive Fund;
570-6 Mutual Fund;
570-8 Cash Management; and
309-9 Certificate.
the Agreement also directs a return of
these funds to Klock inasmuch as they were her pre-marital
property.
7. Following execution of the Agreement and entry of the
decree in divorce, Klock requested distribution of the above
referenced accounts. A copy of her attorney's letters dated
April 5, 2002 and May 28, 2002 are attached hereto and made part
hereof as Exhibit ~C".
8. By letter dated June 4, 2002, Culver's attorney advised
that the requested funds were not available for distribution,
because the accounts were closed at the time the parties married.
A true and correct copy of said letter is attached hereto and
made part hereof as Exhibit
9. Although Klock's former attorney requested a complete
accounting of the disposition of the I.D.S. accounts, Culver has
failed and refused to provide any documentation.
10.
Klock turned over her separate assets to Culver shortly
2
after the parties' marriage in 1987, and Culver was in complete
control of the parties' finances thereafter.
11. Throughout the parties' negotiation of the Marital
Settlement Agreement, Culver led Klock to believe that the I.D.S.
accounts still exist, and Klock relied upon this representation
when she agreed to the property distribution scheme ultimately
established. Had the I.D.S. funds been excluded, she would not
have consented to the settlement.
12. Based on pre-Agreement negotiations of the parties,
Klock expected the value of these funds to be at least
$22,787.93. See the listing of debts and assets prepared by
Culver attached hereto and made part hereof as Exhibit
13. As a result of Culver's failure to distribute these
funds to Klock in accordance with the parties' Agreement, Klock
has incurred counsel fees of $700
continue to suffer attorneys fees
conclusion of this matter.
to pursue enforcement and will
at the rate of $140 until the
14. Paragraph 17.01 of the parties' Agreement requires a
party in breach of the Agreement to pay the legal fees of the
non-defaulting party.
15. By virtue of his default, Culver is in contempt of this
Court's order.
16. Pursuant to 23 Pa.C.S.A. §§3323(f) and 3502(e), the
Court is vested with both legal and equitable powers of
enforcement.
WHEREFORE, Petitioner respectfully requests this Honorable
Court to grant the following relief:
a. Find Culver in contempt of court;
b. Direct Culver to pay Klock the sum of $22,787.93
within three (3) days;
c. Direct Culver to provide a full and complete
accounting of the use and current location of the
sums contained in the I.D.S. funds referenced
herein within ten (10) days;
d. Direct Culver to pay Klock's counsel fees within
three (3) days; and
e. Retain jurisdiction over this matter pending
further investigation to determine if there has
been any increase in value of the I.D.S. accounts
or their proceeds.
Dated:
PURCELL, KRUG AND HALLER
BY~icnole ~talp~l~'Gormah, Esquire
l?lR North Front Street
Harris~urg~ PA l?102
717 2~-~178
~ttorne~ for Petitioner
4
Exhibit A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ~~ PENNA.
NO. 01-2468
RAYMOND J. CIILVE~,
VERSUS
Plaintiff
ROBIN C. CULVER,
D~fendant
DECREE iN
DIVORCE
AND NOW,
February 27
2002 , IT I$ ORDERED AND
DECREED THAT
AND
Raymond J. ~ulver
Robin C. Culver
,PLAINTIFF,
,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION oF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION for WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
A Marriage Settlement A~reement dated February 6, 2002. is to be ipcorporated,
but not merged, into the Decree by reference thereto as per Section Five of
the Agreement.
BY THE COURT:
ATfesT:
~~ PROTHONOTARY
CERTIFIED COPY ISSUED FEBRUARY 27, 2002
Exhibit B
MARRIAGE SETTLEMENT AGREEMENT
Raymond J. Culver, of 1050 Barlow-Greenmount Roa ,c~ettysburg, PA 17325, hereinafter
referred to as "Husband", and Robin C. Culver, of 2535 Bullfi.og Road, Fairfield, PA 17312,
hereinafter referred to as "Wife".
:
RECITALS
1. The parties were married on August 27, 1988. z r-~ ,,o -~,.-,~
co. ~,- c,~, _..
2. Husband filed an action for divorce in Cumberland County, Pe
April 27, 2001, to No. 01-2468.
3. The parties intend, and it is the purpose of this document, to memorialize the
agreement of the parties for a complete and final settlement of all claims that either party may
have against the other for alimony pendente lite, alimony, spousal support, maintenance,
equitable distribution of marital property, court costs, and counsel fees, and for all other relief
that could be granted pursuant to the Divorce Code or raised in conjunction with the separation
and divorce of the parties.
NOW, THEREFORE, in exchange for the mutual promises made herein and for other
good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as
follows:
SECTION ONE LIVING SEPARATE
1.01. The parties may hereafter live separate and apart, each free fi.om all dominion,
restraint and control by the other, whether direct or indirect, as fully as if unmarried. Each party
may.hereafter reside at such place as he or she may select.
SECTION TWO NO MOLESTATION OR INTERFERENCE
2.01. Neither party shall molest or interfere with the other nor compel or attempt to
compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action
or otherwise.
SECTION THREE
AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS
3.01. This Agreement shall not be considered to affect or bat' the right of Wife or
Husband to a 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 a condemnation 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 prior to or which may occur subsequent to the date hereof. The parties intend to
secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) of the
Divorce Code o£ 1980, as amended.
SECTION FOUR
EFFECT OF DIVORCE DECREE
4.01. The parties agree that 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.
4.02. The parties agree to execute an Affidavit of Consent to the entry of a divorce
decree contemporaneously with this document.
SECTION FIVE AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
5.01. · The parties agree that the terms of this Agreement shall be incorporated into, but
not merged with any divorce decree which may be entered with respect to them. The Court of
Cormnon Pleas which may enter such divorce decree shall retain continuing jurisdiction over the
pm'ties and the subject matter of the Agreement for the purpose of enforcement of any of the
provisions thereof.
SECTION SIX ADVICE OF COUNSEL
6.01. Wife has been represented by Bernard A. Yannetti, Jr., Esquire and Husband has
been represented by William C. Gierasch, Jr., Esquire. Both parties acknowledge and agree that
each has fully disclosed their respective financial situations to the other, including their assets,
liabilities and income. Each party confirms that he or she fully understands the terms, conditions
and provisions of this Agreement and believes them to be fair, just, adequate and reasonable
under the existing circumstances. The parties further confirm that each is entering into this
Agreement freely and voluntarily, and that the execution of this Agreement is not the result of
duress, undue influence, collusion or improper or illegal agreement or agreements.
2
SECTION SEVEN DMSION OF PROPERTY
7.01.' Tangible PersonalProperty. The tangible personal property in the
possession of each party at the time and date of signing this Agreement shall be thek re?pective
separate property, except for the items set forth on Exhibit "A", attached hereto. With respect
to those items, they are presently in the possession of Husband, but are acknowledged to be the
property of Wife. Wife agrees to take possession of these items within thirty (30) days of the
date of the signing of this Agreement. If she fails to do so, Wife will be considered to have
waived her ownership of these items and Husband shall be authorized to dispose of the items at
his sole convenience and discretion. Neither party will make further claim against the tangible
personal property in the possession of the other spouse, hereafter. The parties shall retain items
of personal property they brought into the marriage. Husband shall retain all guns presently in
his possession.
7.02. Intangible Personal Property. The intangible personal property in the
possession, control or title of each party at the time and date of signing this Agreement shall be
their respective separate property. Neither party will make further claim against intangible
personal property in the possession of the other spouse, hereafter. The parties shall retain items
of intangible personal property they brought into the marriage.
(a) The vehicles in Husband's possession shall be the sole and exclusive
prope~W of Husband, with the sole responsibility of the debt attached thereto.
(b) The vehicles in Wife's possession shall hereafter be the sole and exclusive
property of Wife, with the sole responsibility of the debt attached thereto.
(c) The parties agree to execute any documents necessary to effectuate the
provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax
Returns as necessary to make any conveyance on a tax-free basis if possible. The said documents
shall be delivered to the party entitled to receive same pursuant hereto on distribution date.
(d) In the event that any documents of title to the said vehicles shall be in the
hands cfa bank or other holder cfa lien or encumbrance upon either of the said vehicles, and
it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties
agree that they will advise the bank and/or lienholder as to the transfer of title and they further
agree to execute whatever documents may be required to transfer title where the documents of
title are in the hands of such bank and/or lienholder.
7.03.
Sale of Real Estate - Division of Proceeds.
1050 Barlow-Greenmount Road, Gettysburg, Pennsylvania
59 East Water Street, Gettysburg, Pennsylvania
61 East Water Street, Gettysburg Pennsylvania
68 East Water Street, Gettysburg, Pennsylvania
50-51 West Water Street, Gettysburg, Pennsylvania
The parties agree as follows:
(a) Wife shall make, execute and deliver all documents in the usual form
conveying, transferring and granting to Husband all of her right, title and interest in and to the
said real estate.
(b) The said conveyance shall be free of all liens and encumbrances except the
lien of the existing mortgage and shall be under and subject to any covenants and restrictions of
record. Wife hereby assigns to Husband any and all interest she may have in any insurance
policies covering the real estate, or in the proceeds therefrom, or in any prepare real estate taxes.
Husband hereby guarantees to indemnify Wife and to hold her harmless for any and all payments
due in accordance with the terms of the mortgage existing against the property.
(c) The documents conveying title to the property shall be executed by on the
date of the execution of this Agreement and shall be delivered to Bernard A. Yannetti, Jr., Esq.,
counsel for Wife, to be held in escrow and delivered to Husband on the distribution date.
(d) In consideration for the conveyance set forth in Paragraph 7.03 of this
Agreement, Husband shall pay to Wife the sum of $90,000.00, the said sum to be paid by
Husband, on the date of the execution of this Agreement, to Bernard A. Yannetti, Jr., Esq.,
counsel for Wife, who will hold same in escrow and deliver the monies to Wife on the
distribution date hereof or upon execution of this agreement.
(e) From the date of execution of this Agreement, Husband agrees to assume
as his sole obligation any and all mortgage payments, taxes, utility charges, insurance,
maintenance, repairs, claims, damages and all other expenses incurred in connection with all of
the real estate identified at 7.03 above· Husband further agrees and covenants to hold Wife
harmless from any liability or obligation arising from any expense incurred in connection with
the said real estate.
(f) Husband shall refinance the debt into his name alone if not already done
by the date of execution of this agreement.
4
7.04. 2535, Bullfrog Road, Fairfield, Pennsylvania
6999 Chambersburg Road, Fayetteville, Pennsylvania
The parties agree as follows:
(a) Husband shall make, execute and deliver all documents in the usual form
conveying, transferring and granting to Wife all of his right, title and interest in said real estate.
(b) The said conveyance shall be free of all liens and encumbrances including any
existing mortgages and shall be under and subject to any covenants and restrictions of record.
Husband hereby assigns to Wife any and all interest he may have in any insurance policies
covering the real estate, or in the proceeds therefrom, or in any prepare real estate taxes. The
parties acknowledge that it is their intent that Wife receive these properties free and clear of any
mortgages. Furthermore, the parties state that neither has any knowledge that the properties
identified above are subject to a lien of mortgage.
(c) The documents conveying title to the property si'mil be executed by Husband on
the date of the execution of this Agreement and shall be delivered to William C. Gierasch, Jr.,
Esquire, counsel for Husband, to be held in escrow and delivered to Wife or Wife's counsel on
the distribution date.
(d) In consideration for the conveyance set forth in ParagraPh 7.04 of this Agreement,
Wife shall pay to Husband the sum orS1.00, the said sum to be paid by Wife, on the date of the
execution of this Agreement, to Bernard A. Yannetti, Jr., Esquire, counsel for Wife, who will
hold same in escrow and deliver the monies to Husband 'on the distribution date hereof or upon
execution of this agreement.
(e) From the date of execution of this Agreement, Wife agrees to assume as her sole
obligation any and all taxes, utility charges, insurance, maintenance, repairs, claims, damages
and all other expenses incurred in connection with ail of the real estate identified at 7.04 above.
Wife further agrees and covenants to bold Husband harmless from any liability or obligation
arising from any expense incurred in connection with the said real estate.
7z~ (f) Husband shall provide to Wife a list of all expenses and rents associated with the
5t~ ..tl~r..~eproperties being transferred to Wife. Husband shall also provide any leases or agreements
that exist with current or future tenants. The report should indicate the amount of rents paid and
any security deposits held by Husband.
(g) Husband shall pay to Wife any security deposit he is holding on any property
transferred to Wife.
5
(la) Husband shall provide to Wife a list of all capital expenditures expended on the
atcr Street and Chambersburg Road properties.
ECTION EIGItT EXISTING AND FUTURE PERSONAL OBLIGATIONS
8.01. The parties hereby agree that all existing personal liabilities, debts and obligation
of every description which have been incurred by either of them shall be paid in a timely fashion
by the party who is assigned responsibility for the said liability. Husband and Wife each hereby
indemnify the other and guarantee to hold each other harmless for any and all payments, charges
or penalties due on account of any liability which is made the sole responsibility of Husband or
Wife.
8.02. Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore conla'acted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incun-ed after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of even
kind which have been incurred heretofore by either party~ including those for necessities, except
for obligations arising out of this Agreement.
8.03. Except as may be otherwise expressly provided herein, the parties agree that all
joint credit and/or charge accounts shall be terminated immediately, and that no charges shall
be incurred by either patty against any joint account from the date of execution hereof
8.04. Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all rights and
obligations which either may have or at any time hereafter have for past, present or future
support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees,
costs, expenses and any other fight of obligation, counsel fees, costs, expenses and any other
right or obligation, economic or otherwise, whether arising out of the marital relationship or
otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendment as well as under any other law of any other jurisdiction, except and
only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shall have
any obligation to the other not expressly set forth herein.
6
(b) Each patty hereby absolutely and unconditionally releases and forever
discharges the other and his or her heirs, executors, administrators, assigns, property and estate
from any and all rights, claims, demands or obligations arising out of or by virtue of the marital
relationship of the parties or otherwise, whether nor existing or hereafter arising. The above
release shall be effective regardless of whether such claims arise out of any former or future acts,
contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against
the spouse's will, or the right to the right to treat a lifetime conveyance by the other as
testamentary, or all other rights ora surviving spouse to participate in a deceased spouse's estate,
whether m'ising under the laws o Pennsylvania, any state, commonwealth or ten'itot3, of the
United States, or any other country. It is expressly understood, however, that neither the
provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the
right of either party to receive any insurance proceeds at the death of the other of which she or
he is the named beneficiary (whether the beneficiary designation was made prior or subsequent
to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or
residuary portion of the other's estate under, his or her will, or to act as personal representative
or executor if so named by the will of the other, whether such will was executed prior to
subsequent to this Agreement.
(c) Except for any cause of action for divorce which either party may have or
claim to have, and except for the obligations of the parties contained in this Agreement and such
rights as are expressly reserved herein, each part:, gives to the othar by the execution of this
Agreement an absolute and unconditional release and discharge fi-om all muses of action, claims,
rights or demands whatsoever, in law or in equity, which either party ever had or now has against
the other.
SECTION NINE
WAll~ER OF RETIREMENT BENEFITS
9.01. Husband and Wife hereby specifically release and waive any and all interest,
claim or right that he or she may have to any and all retirement benefits (including pension or
profit sharing benefits) or other similar benefits of the other party, with the only exception as
outlined in Paragraph 9.02 herein. The parties further acknowledge and agree that they shall
execute any documents pursuant to the Retirement Equity Act or any similar act that may be
required from time to time to accomplish the purposes of this Paragraph.
9.02. As to other investment assets of the couple, they shall be handled in the following
manner:
(a)
WIFE shall receive one-half of the asset manager account and one-half of
the rental property checking account. The average balance of the
checking account is stipulated to be $10,000.00 and, therefore, the
payment to Wife will be in the amount of $5,000.00.
7
Co) Wife has previously received the proceeds of the Janus account, the value
of which was approximately $30,000.00. Wife shall retain the I.D.S 570-2 Extra Income Fund,
the I.D. 6 570-4 Progressive Funds, the I.D.S. 570-6 Mutual Fund as well as the I.D.S. Cash
Management, I.D.S. 309-9 Certificate and Fidelity Value 401(K) account.
(c) Husband shall retain the Cash Reserves account, the MSA account, the
Puritan IRA account, the Asset Manager Growth account, the Magellan IRA account, one-half
of the Asset Manager Account, and one-half of the rental checking account, with the value of
the remal checking account'being as stipulated above.
SECTION TEN
RELEASE OF ESTATE RIGHTS
10.01. Each party expressly releases all right to share in the estate of the other party, or
to serve as executor or administrator of the estate of the other party, except only as provided by
Will or Codicil executed after the date of this Agreement.
SECTION ELEVEN ALIMONYSUPPORT
11.01. Husband and Wife do hereby waive, release and give up any rights which either
may have against the other to receive alimony or other post-divorce maintenance or support. It
shall be, from the execution date of this Agreement, the sole responsibility of each of the
respective parties to sustain himself or herself without seeking any support from the other party.
SECTION TWELVE ATTORNEY'S FEES AND OTHER COSTS
12.01. Each party hereby agrees to be solely responsible for her or his own counsel fees,
costs and expenses and that neither shall seek any contribution thereto from the other party
except as otherwise expressly provided herein.
12.02. Except as otherwise provided in this Agreement, if either party shall bring an
action or other proceeding to enforce this Agreement, or to enforce or modify any judgment or
order mado by a court of competent jurisdiction in connection with this Agreement, or the
divorce of the parties, or to obtain any judgment relating to or arising from the subject matter
of this Agreement, the court in that action or proceeding shall have the power to make against
either party whatever order it deems proper under the then circumstances for attorney's fees and
other reasonably necessary costs.
SECTION THIRTEEN
TAX PROVISIONS
13.01. For the purposes of this divome, and for each and every year hereafter, the parties
may file taxes separately.
13.02 Income Tax Indemnification - Husband agrees that he will be solely responsible
and hold Wife harmless for any and all contingent liabilities on joint income tax returns filed by
the parties since Iune I, 1998. Husband will agree to pay any claim or expenses arising out of
such returns or liabilities (including reasonable counsel fees, tax, interest and penalties).
However, if said additional liabilities are found to attributable to Wife's misrepresentations or
failure to disclose the nature and extent of her income or deductions as they appear on said tax
returns, then Wife shall be solely responsible for all taxes, interest and penalties resulting from
such misrepresentations and/or non-disclosm'es. Unless additional liabilities are found to be
attributable to misrepresentations or failure to disclose the nature and extent of Wife's income
or deductions as may appear on said previous tax returns. In which event Wife shall be solely
responsible for all taxes, int6rast and penalties resulting from such misrepresentations and/or
non-disclosures.
13.03 Husband and Wife agree that each will claim one (1) child as a dependent on the
federal income tax return that they will each file annually. Fm'thermore, the parties agree to
cooperate in any manner allowed by law in order that they may both qualify for head of
household status on their federal tax return.
SECTION FOURTEEN
CUSTODY OF CHILDREN
14.01 The parties are the parents of two minor children, lackson Reed Culver and Wyatt
Raymond Culver, and the custody an'angement is dictated by a Custody Stipulation and Order
of Court dated March 16, 1999.
14.02 The terms of the Custody Stipulation are incorporated herein and shall continue
in full force and effect.
14.03 Absent a major change in circumstances affecting the safety or well-being of the
children, neither party will take any steps to change the present custody arrangement.
14.04 The parties agree that from March 16, 1999 to the present that no event or any
circumstances have arisen or taken place which would be a factor that would promulgate a
change in the custody arrangement.
SECTION FIFTEEN
CHILD SUPPORT
15.01 Husband was previously the obligor in a support case entered in the Court of
Common Pleas of Adams County, Pennsylvania to No. DK-00684-98. This matter was
withdrawn and terminated by Wife, as indicated in an order entered in this matter on April 8,
1999 by the Honorable Robert G. Bighorn. The parties agree that they will each be responsible
for the support and maintenance of the children while said party has custody of the children.
9
15.02 Husband and Wife agree that Husband will provide health insurance coverage for
Wyatt and Wife shall provide health insurance coverage for lackson. Furthermore, they agree
to cooperate in exchanging health insurance information with one another to facilitate flue
coverage and payment of claims.
15.03 Husband and Wife agree that any medical expenses not covered by health
insurance incurred by either party for either child will be divided equally between the parties.
The party who has incurred the expense will be responsible to provide the other party with an
accounting to show what mount was not covered by insurance. The party responsible to make
reimbursement will do so.within thirty (30) days of receipt of the accounting.
SECTION SIXTEEN
EXECUT!ON OF NECE, gSAR Y INgTR UMENT$
16.01. The parties, and each of them, shall hereafter execute all instruments necessary to
can'y out the terms of this Agreement.
SECTION SEVENTEEN
ENFOR CEMENT
17.01. It is expressly stipulated that if either party fails in the due performance of any of
his or her material obligations under the Agreement, the other patty shall have the right, at his
or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek
any other legal remedies as may be available, and the defaulting party shall pay the reasonable
legal fees for such services rendered by the non-defaulting party's attorney in any action or
proceeding to compel performance hereunder.
SECTION EIGHTEEN
INTERPRETATION
18.01. This Agreement shall be interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
SECTION NINETEEN HEADINGS
19.01. Section and subsection headings contained in this Agreement m'e for convenience
only, and are not substantive content of the Agreement.
SECTION TWENTY WAIVER OR MODIFICATION TO BE IN WRITING
20.01. No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver or any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding
this provision, under applicable Pennsylvania law, the parties understand that any provision of
10
this Agreement relating to child support or to custody shall be subject to modification by the
Court upon a showing of changed circumstances.
SECTION TWENTY-ONE
BINDING EFFECT
21.01. This Agreement shall be binding on the parties hereto, their heirs, personal
representatives, and assigns.
SECTION TWENTY-TWO FULL DISCLOSURE
22.01. Each party represents to the other that he or she has made full, complete, and
accurate disclosure of all of his, her and their assets and liabilities, and that each is relying upon
the disclosure of the other in the making of this Agreement.
SECTION TWENTY-THREE INTEGRATION
23.01. This Agreeraent 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 thad those expressly set forth herein.
SECTION TWENTY-FOUR
PROCEEDINGS
BANKRUPTCY OR
RE OR GANIZA TION
24.01. In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
fees and costs incurred in the enforcement of this paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable.
SECTION TWENTY-FIVE OTHER DOCUMENTATION
25.01. Wife and Husband covenant and agree that they will forthwith (and within at most
ten (10) days after demand therefor) execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
SECTION TWENTY-SIX NO WAIVER OFDEFAULT
I1
26.01. 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 sm~e, nor shall the waiver of any breach of any provision hereof
be construed as a waiver of any subsequent default of the sm~ae or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
any other obligations herein.
SECTION TWENTY-SEVEN
SEPARATE COP'EN~4NT$
SEVERABI£ITY AND
INDEPENDENT AND
27.01. The parties agree that each separate obligation contained in this Agreement shall
be deemed to be a separate and independeng covenant and agreement. 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 fi.om this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
SECTION TWENTY-EIGHT EFFECT
RE CONCILIA TION A TTEMPT
OF
RECONCILIATION OR
28.01. This Agreement shall remain in full fume and effect even if the pm-ties reconcile,
cohabit as husband and wife, 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.
SECTION TWENTY-NINE CONFIDENTIALLY
29.01. This Agreement and the fmanciai documents produced in the process of
negotiating the provisions hereof ("documents") shall not be filed with any public official or
otherwise placed on public record, except as may be necessary and required in connection with
a divorce proceeding or in order to enforce any of the terms hereof. The parties shah cooperate
in an effort to seal the record in any divorce proceeding as it may relate to this Agreement or the
documents. The parties further agree that, subject to required disclosure by subpoena, deposition
or other order ora court or governmental agency, neither party shall disclose the terms of this
Agreement or the documents as aforesaid or the contents of the attached Schedules (if any) and
each shall instruct his or her counsel and other experts to maintain this confidentiality. In the
event of any subpoena, deposition or other order requiring disclosure of this Agreement or the
documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as
aforesaid will notify the other and allow the other to defend against such disclosure at the
12
defending party's own costs. The' foregoing prohibition of disclosure shall not apply to discussions
with the parties' children or disclosure to any proposed spouse of either party in oonneet with
representation being made in a pre-marital agreement between a party hereto and such proposed
new spouse.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
/
Robin C. Culver
13
EXI4 IT "A"
ITEMS OF FURNITURE AND. OTHER PERSONAL PROPERTY IN THE POSSESSION
OF HUSBAND AND OWNED BY WIFE:
Father's bedroom suit
I-li~,hhnv
Exhibit C
geh~harlman-y~nnettl.com
bayohartml~n-yenneffi.eom
April 5, 2002
HARTMAN & YANNETTI
William C. Gierasch, Jr., Esq.
STOCK AND LEADER
35 South Duke S~eet
York, PA 17401
File No.: 10628
Re: Culver v. Culver
Action in Divorce
Dear Bill:
! am in need of some assistance in regard to items that we took care of in the Man'iage
Settlement Agreement. Specifically, in Section 9.02Co) we (Robin and I), have attempted
to locate information on the IDS accounts. Howevez, despite our efforts we are ,m~ble to
locate any of this information. I would ask that you please provide us with this
information. I do not feel comfortable contacting Ray directly. However, if you wa.ut mc
to do so, I will.
As you Imow, Ray took care of most of these items and it is my belief that he may have
the documentation that we need to be able to manage these assets. Additionally, Wife
was to receive one-hal?of the Asset Man,er/kccount. I do not believe we have t~ken
care of that, and I would ask that you please have your client mn~fer the portion of the
asset that'belongs to my client as soon as possible.
If you have any questions, please call. I will look fonvard to your response.
cc: Ms. Robin C. Culver
Exhibit
June 4 2002
(717) 849-4142
Email wgierasch~stockandleader, com
Bernard A. Yannetti, Jr., Esquire
HARTMAN & YANNE'I-I'I
126 Baltimore Street
Gettysburg, PA 17325
RE: Culverv. Culver
Dear Bernie:
This is in response to your letter of May 28, 2002.
After I received your letter of April 5, 2002, I spoke to.Ray about both the IDS
accounts and the transfer of one-half of the Asset Management account (Fidelity account).
I then called you at the end of April and explained to you the situation with both of these
issues.
VVith respect to the IDS accounts, these were all closed at about the time the parties
married, The proceeds from these accounts were either rolled into marital assets or
applied to marital expenses. I asked Ray to check for any documents he might have
concerning these accounts. He was not able to locate any.
This does not affect the division of assets between the parties because they agreed
to divide all of their marital assets that existed at the time of separation 50/50. Some of
those assets had originally been Robin's pre-marital assets many years before and some
of them had been Ray's pre-marital assets. Although I was not involved in the negotiations
at the time the parties agreed on the division of marital assets, it is clear to me that they
agreed to Simply divide the marital assets equally rather than going through the
complicated and difficult, if not impossible, process of identifying and tracing pre-marital
assets.
Sent copy to Robin K]ock on June 7, 2002
VERIFICATION
VERIFICATION
I, ROBIN C. KLOCK hereby verify that the
facts contained in the foregoing PETITION TO ENFORCE SETTLEMENT
AGREEMENT.
are true and correct to the best of my knowledge, information
and belief. I understand that false statements made herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating
to unsworn falsification to authorities.
Date:
CERTIFICATE OF SERVICE
I, ANGELA S. EATON, an employee of the law firm of Purcell,
Krug &Haller, counsel for Defendant/Petitioner hereby certify
that service of the PETITION TO ENFORCE SETTLEMENT AGREEMENT was
made on the following by REGULAR MAIL on July 15, 2002:
William C. Gierasch, Jr., Esquire
STOCK & LE~_DER
35 South Duke Street
Post Office Box 5167
York, PA 17405-5167
Attorney for Plaintiff/Respondent
~ Angel~on
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND J. CULVER, NO. 01-2468
Plaintiff/Respondent
V.
ROBIN C. CULVER,
Defendant/Petitioner CIVIL ACTION - DIVORCE
TO:
NOTICE TO PLEAD
Robin C. Culver
c/o Nichole M. Staley O'Gorman, Esquire
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102-2392
YOU ARE HEREBY notified to plead to the enclosed New Matter within
twenty (20) days of the date of service hereof or a default judgment may be entered
against you.
Respectfully submitted,
STOCK AND LEADER
By: William C. Gierasch, Jr.,Es(~uirey/.
Attorney for Plaintiff
Sup. Ct. I.D. #17685
35 S. Duke Street
P.O. Box 17405
York, PA 17405-5167
(717) 846-9800
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND J. CULVER, NO. 01-2468
Plaintiff/Respondent
V.
ROBIN C. CULVER,
Defendant/Petitioner CIVIL ACTION - DIVORCE
ANSWER AND NEW MATTER TO
PETITION TO ENFORCE SETTLEMENT AGREEMENT
AND NOW, comes Respondent, Raymond J. Culver, by his attorneys, Stock and
Leader, LLP (William C. Gierasch, Jr., Esquire) and answers Defendant's Petition as
follows:
1.
2.
3.
4.
5.
Admitted.
Admitted.
Admitted.
Admitted.
Denied. It is denied that paragraph 9.02(b) provides that KIock will
receive the listed accounts. On the contrary, the agreement provides that "Wife will
retain..." said accounts.
6. Denied. It is denied that the language of paragraph 7.02 directs the return
of said funds. On the contrary, the language of this provision is self explanatory and
provides that the parties shall "retain" premarital property.
7. Denied. It is denied that the letters referenced in this paragraph
requested distribution of said accounts. On the contrary, the referenced letters are self
explanatory and simply request "information".
8. Denied. It is denied that Petitioner has fully and fairly characterized the
referenced written document. On the contrary, the document speaks for itself and is
self explanatory.
9. Denied, It is denied that a request for a complete accounting of the IDS
funds was made or that Culver refused to provide said documents. On the contrary,
both the request of KIock's former attorney and the response of Culver are set forth in
documents which speak for themselves.
10. Denied. It is denied that Klock turned over her separate assets to Culver
or that Culver was in complete control of the parties' finances. On the contrary, the
parties merged their premarital assets into marital assets after their marriage and Klock
was aware of and involved in the parties finances thereafter.
11. Denied. It is denied that Culver led Klock to believe that the IDS accounts
still existed and, therefore, it is denied that Klock relied upon this representation. On
the contrary, as set forth in Culver's New Matter, the value of the IDS funds has been
accounted for in the property distribution of the parties and Klock has received the
value of these assets as part of the settlement.
12. Admitted in part and denied in part. It is admitted that there were pre-
agreement negotiations between the parties and these are more fully referenced in
Culver's New Matter, Culver has no knowledge of Klock's expectation of the value of
the funds. However, the status of the funds and the recognition of them in the pre-
agreement negotiations were clearly made known to Klock and her attorney.
2
13. Denied. After reasonable investigation, Culver has no knowledge or
information on which to base a response to this allegation and, therefore, the allegation
is deemed denied.
14. Admitted in part and denied in part. It is admitted that paragraph 17.01
provides for the enforcement of the agreement. The terms of the provision speak for
themselves.
15. This is a conclusion of law to which no response is required. To the
extent that paragraph 15 can be characterized as a fact allegation, it is denied that
Culver is in contempt of court.
16. This allegation is a conclusion of law to which no response is required.
WHEREFORE, Respondent Culver requests that the Court dismiss the petition
of KIock and assess counsel fees against the Petitioner.
NEW MATTER
By way of further defense, Respondent Culver alleges the following new matter:
17. Service of the divorce complaint in the above matter was accepted by
Klock on April 29, 2001. A true and correct copy of the Acceptance of Service is
attached hereto and marked Exhibit "A".
18. On May 11, 2001, Klock's attorney, Bernard A. Yannetti, Jr., Esquire
forwarded a letter to Culver's attorney, Andrea Jacobson, Esquire indicating that it was
KIock's desire to quickly and amicably resolve all economic issues. A true and correct
copy of said correspondence is attached hereto and marked Exhibit "B".
3
19. In June 2001, a four-way meeting was held at which both parties and their
then counsel were present.
20. At said meeting, a full accounting of the parties' assets, including marital,
non-marital and premarital, was compiled and presented by Cuiver. A true and correct
copy of said accounting is attached hereto and marked Exhibit "C".
21. The net present value of the parties' assets was determined to be
$618,879.40.
22. It was proposed that each party first receive from the present value of the
marital assets a portion of said assets equal to the value of the assets each party
owned at the time of their marriage. This calculation is set forth in the middle of page 2
of Exhibit "C".
23. The parties then agreed that the remaining marital assets would be
divided equally. This is also set forth in the middle of page 2 of Exhibit "C".
24. ^ division of marital assets and debts intended to accomplish the above-
stated proposed distribution is set forth on the bottom half of page 2 of Exhibit "C".
25. Under this proposal, Klock received $312,821.02 of marital assets and
Culver received $306,058.38.
26. Under this proposal, Klock received $6,762.64 more than Culver because
the value of Klock's premarital assets was $6,762.64 more than Culver's.
27. At the above-referenced meeting, the parties agreed in principal to the
above distribution, subject to any verification and investigation to be performed by
Klock's counsel.
4
28. On July 3, 2001, Culver's counsel (Yannetti) sent a letter to Klock's
counsel (Jacobson) indicating that all information provided at the four-way meeting had
been verified to KIock's satisfaction, except for an explanation of the balance in the
rental checking accounts. A true and correct copy of said correspondence is attached
hereto and marked Exhibit "D".
29. The information requested by Yannetti was promptly provided by Culver.
30. Several months thereafter, Yannetti prepared a Property Settlement
Agreement based on the proposal referenced above.
31. The intention of the parties with respect to the resolution of the economic
issues of this divorce was to allocate sufficient marital assets to each party to reimburse
them for the value of their premarital assets and then divide the remaining marital
assets equally.
32. This intention was carried out by the Marriage Settlement Agreement.
33. Culver's counsel, Gierasch, and Klock's counsel, Yannetti, communicated
both in writing and by phone concerning the transfer of marital assets in order to
complete the distribution provided for by the Marriage Settlement Agreement and at no
time during these communications did Yannetti mention anything about the IDS
accounts.
34. On March 1, 2002, the parties and counsel met at Yannetti's office to
execute documents necessary to complete the distribution of marital assets according
to the Marriage Settlement Agreement and at no time during this meeting was anything
mentioned about the IDS accounts.
35. There is no basis for Klock's petition because the distribution of marital
assets accomplished by the parties has returned to Klock the value of her premarital
assets, including the IDS accounts.
WHEREFORE, Respondent Culver requests that the Court dismiss the Petition
of Klock and award counsel fees to Culver based on the actual time devoted to this
matter by Culver's attorney at Culver' attorney's usual hourly rate.
Respectfully submitted,
STOCK AND LEADER
I.D. #17685
35 South Duke Street
P.O. Box 5167
York, PA 17405-5167
(717) 846-9800
(717) 843-6134 (Fax)
Attorney for Plaintiff/Respondent
VERIFICATION
I hereby affirm that the following facts are correct: The attached Answer
and New Matter to Petition to Enforce Settlement Agreement is based upon
information which has been furnished to counsel in the preparation of this
document. The language of the Answer and New Matter is that of counsel and
not mine. I have read the Answer and New Matter and to the extent that the
same is based upon information which I have given to counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that
the content of the Answer and New Matter is that of counsel, I have relied upon
counsel in making this Verification. I hereby acknowledge that the averments of
fact set forth in the aforesaid Answer and New Matter are made subject to the
penalties of 18 Pa. C.S. )4904 relating to unswom falsification to authorities.
D
Exhibit A
RAYMOND J. CULVER
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2468 CIVIL TERM
ROBIN CAROL CULVER :
Defendant : IN DIVORCE
ACCFPTANCE OF SERVICE
I confirm that I received and accepted service of the Divorce Complaint
filed in this matter, and I recognize that I am the Defendant in this action.
Date I received Divorce ComplaJ~t April 27, 1
Date I am signing this document
,2001.
ROBIN GAROL GULVER
2535 Bullfrog Road
Fairfield, PA 17320
0
Exhibit B
bay@her tman-yannetti.com
HARTMAN & YANNETTI
May 11, 2001
Andrea Jacobson
Attorney-at-Law
JACOBSON & MILIr-._ES
52 East High Street
Carlisle, PA 17013
Via Fax No.: 717-249-8427
and First Class ~lail
File No.:
Re:
10628
Culver v. Culver
Dear Attorney Iacobson:
Kindly be advised that I will be representing the legal interests of Robin C. Culver
in the above-referenced matter, and it is in that capacity that I write to you today.
It is the desire of my client to agree to a divorce and to quickly and anficably
resolve all economic issues. I will hold my objection to the filing of the Complaint in
Cumberland County in abeyance until I receive some response as to where we are at on
equitable distribution issues.
My client is prepared to review a settlement offer at this time. The offer should
be supplemented with proof of account values or real estate appraisals. I tmderstand that
there has been a recent refinancing by your client; the appraisals used for that propose
would be satisfactory.
Any agreement that we reach needs to include confirmation of the status quo in
regards to the custody and support simatiun.
Please call if necessary. I look forward to working with you on tltis matter. I will
await your response.
BAY/ms ~
cc: Ms, Robin C. Culver
Exhibit C
RAYMOND J. CULVER AND ROBIN CAROL CULVER
ASSETS AND LAIBILITIES
ASSTES OWNED AT SEPARATION
Cash and bank accounts
Fidelity cash reserves
M.S.A.
Rental checking
Rental checking
Rental escrows
Savings bond
Savings bond
Savings bonds
Total Cash and Bank Accounts
Marital
$1,391.24
$1,414.42 H
$10,523.85 H
$1,000.00 J
H
$50.00 J
$50.00 J
$14,429.51
Real property
1050 Barlow Greenmount Road
2353 Bullfrog Road
50-52 West Water Street
59 East Water Street
61 East Water Street
68 East Water Street
6999 Chambersburg Road
TOTAL Real Property
$125,000.00 J
$55,000.00 H
$100,000.00 J
$65,O00.00 H
$65,000.00 H
$60,000.00 J
$72,000.00 J
$542,000.00
Investments
Asset Manager - SEP IRA
Asset Manager Growth
Janus Fund - Boys Account
Janus Fund Wy - Boys Account
Janus Mercury - Boys Account
Janus Mercury Wy - Boys Account
Magellan - IRA
Puritan - IRA
Value - 401(K)
Janus ~ Robin advance
TOTAL Investments
$95,118.10 H
$26,370.68 H
$26,327.68 H
$25,221.88 H
$1,500.00W
$30,000.00 H
$204,538.34
TOTAL ASSETS
$760,967.85
Non-Marital
H
$4,598.38
$1,000.00
$5,598.38
$5,992.73
$5,992.73
$6,543.54
$6,543.54
$26,072.54
$30,670.92
LIABILITIES
Mortgage 50-52-59 Water Street
59 East Water Street
68 Water Street, 2535 Bullfrog Road
Total Liabilities
NET PRESENT VALUE
Total Assets
Total Liabilities
Net Present Assets
($75,556.28)
$0.00
($66,532.17)
($142,088.45)
$760,967.85
($142,088.45)
$618,879,40
CULVER page 2
NET PRESENTVALUE
DATE OF MARRIAGE VALUES
ROBIN
I.D.S. 570-6 Mutual
I.D.S. 570-8 Cash Management
I.D.S. 570-4 Progressive Fund
I.D.S. 570-2 Extra Income Fund
i.D.S. 309-9 Certificate
Sale of State college Property
PROPOSED DISTRIBUTION
NET PRESENT VALUE
Return ofdateofmarriageassets
Returnofda~ ofmarriageassets
TOTAL
50% share of marital assets
ASSET/DEBT DIVISION
Janus Fund - advance to Robin
2535 Bullfrog Road
6999 Chambersburg Road
1/2 Asset Manager
1/2 Rent Checking
50-52 West Water Street
1050 Barlow Graenmount Road
59 East Water Street
61 East Water Street
68 East Water Street
Asset Manager Growth
Puritan
Cash Reserves
MSA
Marital Debt
$618,879.40
$3,330.39
$0.00
$8,249.46
$11,208.08
$0.00
$55,000.00
$77,787.93
ROBIN
$618,879.40
($77,787.93)
($71,o25.29)
$47o,o66.18
$235,033.09
$30,000.00
$55,000.00
$72,000.00
$47,559.00
$5,25o.oo
$1oo,ooo.oo
RAY
2535 Bullfrog Road
59 East Water Street
61 East Water Street
Rental Account
Rental Account - savings
Personal Account
Culver Marketing
Bank of Hanover CD
Taneytown Bank & Trust CD
G.N.B. Loan
RAY
ROBIN
RAY
$235,033.09
$47,559.00
$5,250.00
$125,000.00
$65,000.00
$65,000.00
$60,000.00
$26,370.00
$25,221.00
$1,391.06
$1,414.42
($142,088.45)
$35,000.00
$38,000.00
$38,000.00
$1,090.68
$223.51
$959.41
$4,971.16
$23,993.00
($71,212.47
$71,025.29
Cash $3,012.02 $25,941.35
TOTAL $312,821.02 $306,058.38
Exhibit
geh~,hartman-yannetti.com
bay~,h [ulman-yan n ertl.corn
HARTMAN ~ YANN£TTI
July3, 2001
o
Andrea Jacobson
Attorney-at-Law
JACOBSON & MILKES
52 East High Street
Carlisle, PA 17013
File No.:
Re:
10628
Culver v, Culver
Dear Attorney Jacobson:
I have been able to verify all of the information to my client's satisfaction
provided at our last meeting with one excepti°n. The rental checking accounts currently
have a total balance orS11,523.85, and there was an indication that $1,090.68 of that
amount was premarital.
When estimating rents, insurance, taxes, mortgage payments and maintenance and
repairs, it would appear that there would be much more than a $10,000 increase in the
rental account. I am sure there may have been lransfers to other accounts, but that is
what I need to verify. If Mr. Culver on a similar document such as he has provid~l
previously coald track this money, I would certainly review that information with my
client. If you want a more dotailed description of my request, please call me at your
convenience.
In regards to insurance, as of April 1, 2001, there is no cost for insurance through
my client's employment for the entire family. Her gross annual income is $37,000.00. '-
Because ACEDC has less than 20 employees, there is no COBRA coverage. However, a
private contract can be pOssibly negotiated with the County of Adams for continuing
coverage of Mrs~ Culver following the divorce. '
HARTMAN & YANNIrTTI
Andrea Jacobsen
July 3, 2001
Page Two
I believe this information is what you requested. If you have any fu~er
questions or are in need of more information, please let me know. Upon receipt of our
requested information we will be prepared to resume negotiations.
, Jr.
BAY/ms
cc: Ms. Robin Culver
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND J. CULVER,
Plaintiff/Respondent
NO. 01-2468
ROBIN C. CULVER,
DefendantJPetitioner
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ,..~" day of ~..L~ ,2002, (, Lynn B.
Lowe, as secretary for William C. Gierasch, Jr., Esquire, of the law firm of Stock and
Leader, attorneys for Plaintiff/Respondent, hereby certify that I served the within
Answer and New Matter to Petition to Enforce Settlement Agreement this day by
depositing the same in the United States mail, postage prepaid, in York, Pennsylvania,
addressed to:
Nichole M. Staley O'Gorman, Esquire
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102-2392
STOCKANDLEADER
By
ynn B. Low~, Secretary for
William C. Gierasch, Jr., Esquire
Attorney for Plaintiff/Respondent
I.D. #17685
35 South Duke Street
P.O. Box 5167
York, PA 17405-5167
Telephone: (717) 846-9800
RAYMOND J. CULVER, :
Plaintiff/Respondent :
ROBIN C. CULVER, :
Defendant/Movant :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-2468
IN DIVORCE
ORDER
AND NOW, this ~3~ day of ,-~ , 2002,
upon consideration of the foregoing Motion to Withdraw Petition
to Enforce Settlement Agreement, the relief requested by
Petitioner is GRANTED. The Petition of Robin C. Klock is deemed
withdrawn.
Distribution:
William C.
Nichole M.
Gierasch,
Staley O'Gorman
BY THE COURT:
Jr., Esquir/
EsqUire ~
WHEREFORE, Movant respectfully requests this Honorable Court
to grant her request to withdraw her Petition.
Exhibit A
September 6, 2002
('/17) 849-4142
Email wglerasch@stockandleader, com
Nichole M. Staley O'Gorman, Esquire
Purcell, Krug & Hailer
1719 North Front Street
Harrisburg, PA 17102-2392
RE.' Raymond J. Culver v. Robin C. Culver
No. 01-2468
Dear Ms. O'Gorman:
This is to confirm our telephone conversation of today (9/5/02) concerning the above
matter. I explained that my client, Raymond Culver, advised me that he and his wife had
reached an agreement with respect to the issues raised in the Petition to Enforce
Settlement Agreement you filed on behalf of Mrs. Culver on July 15, 2002. My client also
advised me that Mrs. Culver had directed you to withdraw the petition. You confirmed that
Mrs. Culver had so instructed you.
You also stated that you thought the petition could be withdrawn by a praecipe, but
Cumberland County is requiring a motion. To the extent that it is necessary to satisfy the
Court that my client and I consent to and join in a motion to withdraw the above-referenced
petition, please accept this letter as evidence that my client and I do join in the motion you
will be filing in this matter to withdraw the above-referenced petition.
Very truly yours,
STOCK AND LEADER
William C. Gierasch, Jr.
WCG/Ibl
cc: Ray Culver
F:\U S ER S~WC G\C U LYE R.RAY~STALEY, 4
9/6/02
CERTIFICATE OF SERVICE
I, A_NGELA S. EATON, an employee of the law firm of Purcell,
Krug &Haller, counsel for Defendant/Movant hereby certifies that
service of the MOTION TO WITHDRAW PETITION TO ENFORCE SETTLEMENT
AGREEMENT was made on the following by First Class, Regular Mail
on Septer~ber 17, 2002:
William C. Gierasch, Jr., Esquire
STOCK & LEADER
35 South Duke Street
P.O. Box 5167
York, PA 17405-5167
Attorney for Plaintiff/Respondent
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Plaintiff
VS.
ROBIN C. t;uLVER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 01-2~,68 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
Ground for divome:
Irretrievable breakdown under §3301 (c)
(Strike out inapplicable section).
Date and manner of service of the complaint:
April 29, 2001.
By Acceptance of Service on
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
by plaintiff February 20, 2002 ; by defendant February 19, 2002
(b) (1) Date of execution of the affidavit required by §3301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending:
None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is a~ached: By personal service- Plaintiff - February 20, 2002;
Defendant - February 19, 2002
(b)
Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: attached hereto
Date defendant's Waiver of Notice in §3301 (c) Divome was filed with
the Prothonotary: attached hereto
6. A Marriage Settlement Agreement dated February~6,~ 2~D~ is/-~ be incorporated, but
not merged, into the Decree by reference there~/o ~ct~on Five of the Agreement.
~ A~orn(~tR15r I;~/Defendant
Bernard A. ~a~nett~_, Jr., Ssa.
MARRIAGE SETTLEMENT AGREEMENT
/
MADE THIS ~_.,~JE-- day of /~"-'~/~'"~'Sq'""/ 2002, by m~d between
Raymond J. Culver, of 1050 Barlow-Greenmount Roa ,d~3ettysburg, PA 17325, hereinafter
referred to as "Husband", and Robin C. Cnlver, of 2535 Bullfrog Road, Fairfield, PA 17312,
hereinafter referred to as "Wife".
RECITALS
1. The parties were married on August 27, 1988.
2. Husband filed an action for divorce in Cumberland County, Pennsylvania, on
April 27, 2001, to No. 01-2468.
3. The parties intend, and it is the purpose of this document, to memorialize the
agu-eement of the parties for a complete and final settlement of all claims that either party may
have against the other for alimony pendente lite, alimony, spousal support, maintenance,
equitable distribution of marital property, court costs, and counsel fees, and for all other relief
that could be granted pursuant to the Divorce Code or raised in conjunction with the separation
and divorce of the pm'ties.
NOW, THEREFORE, in exchange/'or the mutual promises made herein and for other
good and valuable consideration, receipt of which is hereby acknowledged, the parties agn'ee as
follows:
SECTION ONE LIVING SEPARATE
1.01. The parties may hereafter live separate and apart, each fi'ee from all dominion,
restraint and control by the other, whether direct or indirect, as fully as if unmarried. Each party
may hereafter reside at such place as he or she may select.
SECTION TWO NO MOLESTATION OR INTERFERENCE
2.01. Neither party shall molest or interfere with the other nor compel or attempt to
compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action
or otherwise.
SECTION THREE AGREEMENT NOT TO BAR DIVORCE PROCEEDINGS
3.01. This Agreement shall not be considered to affect or bar the right of Wife or
Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either patty. This Agreement is not intended to condone and
shall not be deemed to be a condemnation on the pat't of either party hereto of any act or acts on
the part of the other party which have occasioned the disputes or m~happy differences which
have occm'red prior to or which may occur subsequent to the date hereof. The parties intend to
secm'e a mutual consent, no-fault divorce pursuant to the provisions of Section 3301 (c) of the
Divorce Code of 1980, as amended.
SECTION FOUR
EFFECT OF DIVORCE DECREE
4.01. The parties agree that 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.
4.02. The parties agree to execute an Affidavit of Consent to the entry of a divorce
decree contemporaneously with this document.
SECTION FIVE AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
5.01. · The parties agree that the terms of this Agreement shall be incorporated into, but
not merged with any divorce decree which may be entered with respect to them. The Com.t of
Corrosion Pleas which may enter such divorce decree shall retain continuing jurisdiction over the
parties and the sub. ject matter of the Agreement for the purpose of enforcement of any of the
provisions thereof.
SECTION SIX ADVICE OF COUNSEL
6.01. Wife has been represented by Bernard A. Yatmetti, Jr., Esquire and Husband has
been represented by William C. Gierasch, Jr,, Esquire. Both parties acknowledge and agree that
each has fully disclosed their respective financial situations to the other, including their assets,
liabilities and income. Each party confirms that he or she fully understands the terms, conditions
and provisions of this Agreement and believes them to be fair, just, adequate and reasonable
under the existing circumstances. The parties further confirm that each is entering into this
Agreement freely and voluntarily, and that the execution of this Agreement is not the result of
duress, undue influence, collusion or improper or illegal agreement or agreements.
SECTION SEVEN DIVISION OF PROPERTY
7.01. Tangible PersonalProperty. The tangible personal property in the
possession of each pretty at the time and date of signing this Agreement shall be their respective
separate property, except for the items set forth on Exhibit "A", attached hereto. With respect
to those items, they are presently in the possession of Husband, but are acknowledged to be the
property of Wife. Wife agrees to take possession of these items within thirty (30) days of the
date of the signing of this Agreement. If she fails to do so, Wife will be considered to have
waived her ownership of these items and Husband shall be authorized to dispose of the items at
his sole convenience and discretion. Neither party will make fm'ther claim against the tangible
personal property in the possession of the other spouse, hereafter. The parties shall retain items
of personal property they brought into the man'iage. Husband shall retain all guns presently in
his possession.
7.02. Intangible Personai Property. The intangible personal property in the
possession, control or title of each party at the time and date of signing this Agn'eement shall be
their respective separate property. Neither party will make further claim against intangible
personal property in the possession of the other spouse, hereafter. The parties shall retain items
of intangible personal property they brought into the marriage.
(a) The vehicles in Husband's possession shall be the sole and exclusive
property of Husband, with the sole responsibility of the debt attached thereto.
(b) The vehicles in Wife's possession shall hereafter be the sole and exclusive
property of Wife, with the sole responsibility of the debt attached thereto.
(c) The parties agree to execute any documents necessary to effectuate the
provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax
Returns as necessary to make any conveyance on a tax-free basis if possible. The said documents
shall be delivered to the party entitled to receive same pursuant hereto on distribution date.
(d) In the event that any documents of title to the said vehicles shall be in the
hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and
it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties
agree that they will advise the bank and/or lienholder as to the transfer of title and they further
agree to execute whatever documents may be required to transfer title where the documents of
title are in the hands of such bank and/or lienholder.
7.03.
Sale of Real Estate - Division of Proceeds.
1050 Barlow-Greenmount Road, Gettysburg, Pennsylvania
59 East Water Street, Gettysburg, Pennsylvania
61 East Water Street, Gettysburg Pennsylvania
68 East Water Street, Gettysburg, Pennsylvania
50-51 West Water Street, Gettysburg, Pennsylvania
The parties agree as follows:
(a) Wife shall make, execute and deliver all documents in the usual form
conveying, transferring and granting to Husband all of her right, title and interest in and to the
said real estate.
(b) The said conveyance shall be flee of all liens and encumbrances except the
lien of the existing mortgage and shall be under and subject to any covenants and restrictions of
record. Wife hereby assigns to Husband any and all interest she may have in any insurance
policies covering the real estate, or in the proceeds therefrom, or in any prepare real estate taxes.
Husband hereby guarantees to indemnify Wife and to hold her hanuless for any and all payments
due in accordance with the terms of the mortgage existing against the property.
(c) The documents conveying title to the property shall be executed by on the
date of the execution of this Agreement and shall be delivered to Bernard A. Yannetti, Jr., Esq.,
counsel for Wife, to be held in escrow and delivered to Husband on the distribution date.
(d) In consideration for the conveyance set forth in Paragraph 7.03 of this
Agreement, Husband shall pay to Wife the sum of $90,000.00, the said sum to be paid by
Husband, on the date of the execution of this Agreement, to Bernard A. Yannetti, Jr., Esq.,
counsel for Wife, who will hold same in escrow and deliver the monies to Wife on the
distribution date hereof or upon execution of this agreement.
(e) From the date of execution of this Agreement, Husband agrees to assume
as his sole obligation any and all mortgage payments, taxes, utility charges, insurance,
maintenance, repairs, claims, damages and all other expenses incurred in connection with ail of
the real estate identified at 7.03 above. Husband further agrees and covenants to hold Wife
harmless from any liability or obligation arising from any expense incurred in connection with
the said real estate.
(f) Husband shall refinance the debt into his name alone if not already done
by the date of execution of this agreement.
7.04.
2535, Bullfrog Road, Fairfield, Pennsylvania
6999 Chambersburg Road, Fayetteviile, Pennsylvania
The pm-ties agree as follows:
(a) Husband shall make, execute and deliver all documents in the usual form
conveying, transfen'ing and granting to Wife all of his right, title and interest in said real estate.
(b) The said conveyance shall be free of all liens and encumbrances including any
existing mortgages and shall be under and subject to any covenants and restrictions of record.
Husband hereby assigns to Wife any and all interest he may have in any insurmuce policies
covering the real estate, or in the proceeds therefrom, or in any prepare real estate taxes. The
pm-ties acknowledge that it is their intent that Wife receive these properties free and clem' of any
mortgages. Furthermore, the parties state that neither has may knowledge that the properties
identified above m'e subject to a lien of mortgage.
(c) The documents conveying title to the property shall be executed by Husband on
the date of the execution of this Agreement and shall be delivered to Willimu C. Gierasch, Jr.,
Esquire, counsel for Husband, to be held in escrow and delivered to Wife or Wife's counsel on
the distribution date.
(d) In consideration for the conveyance set forth in Paragraph 7.04 of this Agreement,
Wife shall pay to Husband the sum of $1.00, the said sum to be paid by Wife, on the date of the
execution of this Agreement, to Bernard A. Yannetti, Jr., Esquire, counsel for Wife, who will
hold same in escrow and deliver the monies to Husband on the distribution date hereof or upon
execution of this agreement.
(e) From the date of execution of this Agreement, Wife agrees to assume as her sole
obligation any and all taxes, utility charges, insurance, maintenance, repairs, claims, damages
and all other expenses incurred in connection with all of the real estate identified at 7.04 above.
Wife further agrees and covenants to hold Husband harmless from any liability or obligation
arising from any expense incurred in connection with the said real estate.
7"o.,~ (i) Husband shall provide to Wife a list of all expenses and rents associated with the
t!,2'ee properties being transferred to Wife. Husband shall also provide any leases or agreements
that exist with current or future tenants. The report should indicate the amount of rents paid and
any security deposits held by Husband.
(g) Husband shall pay to Wife any security deposit he is holding on any property
transferred to Wife.
5
(h) Husband shall provide to Wife a list of all capital expenditures expended on the
~--~s~it~; ~ to~'C tliGdltCTh am berEXl~burgTINRG~ adN;r/~ PuC;ie sUR~ PERSONA£OBLIGA TION$
8.01. The parties hereby agree that all existing personal liabilities, debts and obligation
of every description which have been incun'ed by either of them shall be paid in a timely fashion
by the party who is assigned responsibility for the said liability. Husband and Wife each hereby
indenmify the other and gnarantee to hold each other harmless for may and all payments, charges
or penalties due on account of any liability which is made the sole responsibility of Husband or
Wife.
8.02. Wife and Husband each covenant, wmTant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, wmTant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other fi'om
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of even
kind which have been incurred heretofore by either party~ including those for necessities, except
for obligations arising out of this Agreement.
8.03. Except as may be otherwise expressly provided herein, the parties agree that all
joint credit and/or charge accounts shall be terminated immediately, and that no charges shall
be incurred by either party against any joint account from the date of execution hereof
8.04. Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all rights and
obligations which either may have or at any time hereafter have for past, present or future
support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees,
costs, expenses and any other right of obligation, counsel fees, costs, expenses and any other
right or obligation, economic or otherwise, whether arising out of the marital relationship or
otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendment as well as under any other law of any other jurisdiction, except and
only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof: Neither party shall have
any obligation to the other not expressly set forth herein.
6
(b) Each party hereby absolutely and unconditionally releases and forever
discharges the other and his or her heirs, executors, administrators, assigns, prope~'ty and estate
fi'om any mud all rights, claims, demands or obligations arising out of or by virtue of the marital
relationship of the parties or otherwise, whether nor existing or hereafter arising. The above
release shall be effective regardless of whether such claims arise out of any fonuer or future acts,
contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take against
the spouse's will, or the right to the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to pm~ficipate in a deceased spouse's estate,
whether arising under the laws o Pennsylvania, any state, commonwealth or territory of the
United States, or any other country. It is expressly understood, however, that neither the
provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the
right of either party to receive any insurance proceeds at the death of the other of which she or
he is the named beneficiary (whether the beneficiary designation was made prior or subsequent
to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or
residuary portion of the other's estate under, his or her will, or to act as personal representative
or executor if so named by the will of the other, whether such will was executed prior to
subsequent to this Agreement.
(c) Except for any cause of action for divorce which either party may have or
claim to have, and except for the obligations of the parties contained in this Agreement and such
rights as are expressly reserved herein, each part:, gives to the other by the execution of this
Agreement an absolute and unconditional release and discharge fi'om all causes of action, claims,
rights or demands whatsoever, in law or in equity, which either pmty ever had or now has against
the other.
SECTION NINE
WAIVER OF RETIREMENT BENEFITS
9.01. Husband and Wife hereby specifically release and waive any and all interest,
claim or right that he or she may have to any and all retirement benefits (including pension or
profit sharing benefits) or other similar benefits of the other party, with the only exception as
outlined in Paragraph 9.02 herein. The parties further acknowledge and agree that they shall
execute any documents pursuant to the Retirement Equity Act or any similar act that may be
required from time to time to accomplish the purposes of this Paragraph.
9.02. As to other investment assets of the couple, they shall be handted in the following
manner:
(a)
WIFE shall receive one-half of the asset manager account and one-half of
the rental property checking account. The average balance of the
checking account is stipulated to be $10,000.00 and, therefore, the
payment to Wife will be in the amount of $5,000.00.
(b) Wife has previously received the proceeds of the Janus accomut, the value
of which was approximately $30,000.00. Wife shall retain the I.D.S 570-2 Exwa Income Fund,
the I.D. 6 570-4 Progressive Funds, the I.D.S. 570-6 Mutual Fund as well as the I.D.S. Cash
Management, I.D.S. 309~9 Certificate and Fidelity Value 401 (K) account.
(c) Husband shall retain the Cash Reserves account, the MSA account, the
Puritan IRA account, the Asset Manager Growth account, the Magellan IRA account, one-half
of the Asset Manager Account, and one-half of the rental checking account, with the value of
the rental checking account being as stipulated above.
SECTION TEN
RELEASE OF ESTATE RIGHTS
I0.01. Each party expressly releases all right to share in the estate of the other party, or
to serve as executor or administrator of the estate of the other party, except only as provided by
Will or Codicil executed after the date of this Agreement.
SECTION ELEVEN ALIMONY SUPPORT
11.01. Husband and Wife do hereby waive, release and give up any rights which either
may have against the other to receive alimony or other post-divorce maintenance or support. It
shall be, from the execution date of this Agreement, the sole responsibility of each of the
respective parties to sustain himself or herself without seeking any support from the other party.
SECTION TWELVE ATTORNEY'S FEES AND OTHER COSTS
12.01. Each party hereby agrees to be solely responsible for her or his own counsel fees,
costs and expenses and that neither shall seek any contribution thereto from the other party
except as otherwise expressly provided herein.
12.02. Except as otherwise provided in this Agreement, if either party shall bring an
action or other proceeding to enforce this Agreement, or to enforce or modify any judgment or
order made by a court of competent jurisdiction in connection with this Agreement, or the
divorce of the parties, or to obtain any judgment relating to or arising from the subject matter
of this Agreement, the court in that action or proceeding shall have the power to make against
either party whatever order it deems proper under the then circumstances for attorney's fees and
other reasonably necessary costs.
SECTION THIRTEEN
TAX PROVISIONS
13.01. For the purposes of this divorce, and fbr each and every year hereafter, the parties
may file taxes separately.
13.02 Income Tax Indemnification - Husband agrees that he will be solely responsible
and hold Wife harmless for any and all contingent liabilities on joint income tax retm'ns filed by
the parties since June I, 1998. Husband will agree to pay any claim or expenses arising out of
such returns or liabilities (including reasonable counsel fees, tax, interest and penalties).
However, if said additional liabilities are fotmd to attributable to Wife's misrepresentations or
failm'e to disclose the nature and extent of her income or deductions as they appear on said tax
returns, then Wife shall be solely responsible for all taxes, interest and penalties resulting from
such misrepresentations and/or non-disclosures. Unless additional liabilities are found to be
attributable to misrepresentations or failure to disclose the nature and extent of Wife's income
or deductions as may appear on said previous tax returns. In which event Wife shall be solely
responsible for all taxes, interest and penalties resulting from such misrepresentations and/or
non-disclosures.
13.03 Husband and Wife agree that each will claim one (1) child as a dependent on the
federal income tax return that they will each file annually. Fm'thermore, the parties agree to
cooperate in any mmmer allowed by law in order that they may both qualify for head of
household status on their federal tax return.
SECTION FOURTEEN
CUSTODY OF CHILDREN
14.01 The parties are the parents of two minor children, Jackson Reed Culver and Wyatt
Raymond Culver, and the custody an'angement is dictated by a Custody Stipulation and Order
of Court dated March 16, 1999.
14.02 The terms of the Custody Stipulation are incorporated herein and shall continue
in full force and effect.
14.03 Absent a major change in circumstances affecting the safety or well-being of the
children, neither party will take any steps to change the present custody arrangement.
I4.04 The parties agree that from March 16, 1999 to the present that no event or any
circumstances have arisen or taken place which would be a factor that would promulgate a
change in the custody arrangement.
SECTION FIFTEEN
CHILD SUPPORT
15.01 Husband was previously the obligor in a support case entered in the Court of
Common Pleas of Adams County, Pennsylvania to No. DR-00684-98. This matter was
withdrawn and terminated by Wife, as indicated in an order entered in this matter on April 8,
1999 by the Honorable Robert G. Bigham. The parties agree that they will each be responsible
for the support and maintenance of the children while said party has custody of the children.
15.02 Husband and Wife agree that Husband will provide health insurance coverage for
Wyatt and Wife shall provide health insurance coverage for Jackson. Furthermore, they agree
to cooperate in exchanging health insurance information with one another to facilitate the
coverage and payment of claims.
15.03 Husband and Wife agree that any medical expenses not covered by health
insurance incurred by either party for either child will be divided equally between the pm'ties.
The pm'ty who has incurred the expense will be responsible to provide the other party with an
accounting to show what amount was not covered by insurance. The party responsible to make
reimbursement will do so within thirty (30) days of receipt of the accounting.
SECTION SIXTEEN
EXECUTION OF NECESSARY INSTRUMENTS
16.01. The pm'ties, and each of them, shall hereafter execute all instruments necessary to
carry out the terms of this Agreement.
SECTION SEVENTEEN
ENFORCEMENT
17.01. It is expressly stipulated that if either party fails in the due performance of any of
his or her material obligations under the Agreement, the other party shall have the right, at his
or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek
any other legal remedies as may be available, and the defaulting party shall pay the reasonable
legal fees for such services rendered by the non-defaulting party's attorney in any action or
proceeding to compel performance hereunder.
SECTION EIGHTEEN
INTERPRETATION
18.01. This Agreement shall be interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
SECTION NINETEEN
HEADINGS
19.01. Section and subsection headings contained in this Agreement are fbr convenience
only, and are not substantive content of the Agreement.
SECTION TWENTY
WAIVER OR MODIFICATION TO BE IN WRITING
20.01. No modification or waiver of any of the terms hereof shall be valid unless in
writing and signed by both parties and no waiver or any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding
this provision, under applicable Pennsylvania law, the parties understand that any provision of
10
this Agreement relating to child support or to custody shall be subject to modification by the
Court upon a showing of changed circumstances.
SECTION TWENTY-ONE
BINDING EFFECT
21.01. This Agreement shall be binding on the parties hereto, their heirs, personal
representatives, and assigns.
SECTION TWENTY-TWO FULL DISCLOSURE
22.01. Each party represents to the other that he or she has made full, complete, and
accurate disclosure of all of his, her and their assets and liabilities, and that each is relying upon
the disclosure of the other in the making of this Agreement.
SECTION TWENTY-THREE INTEGRATION
23.01. This Agreement constitutes the entire undemtanding of the parties and supersedes
any and ali prior agreements and negotiations between them. There are no representations or
warranties other thari those expressly set forth herein.
SECTION TWENTY-FOUR
PROCEEDINGS
BANKRUPTCY OR
REORGANIZATION
24.01. In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any right to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set fot~th herein, including all attorneys'
fees and costs incurred in the enforcement of this paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable.
SECTION TWENTY-FIVE OTHER DOCUMENTATION
25.01. Wife and Husband covenant and agree that they will forthwith (and within at most
ten (10) days after demand therefor) execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
SECTION TWENTY-SIX NO WAIVER OF DEFAULT
11
26.01. This Agreement shall remain in full force m~d effect unless and until terminated
under and pursuant to the te~xns of this Agreement. The failure of either pm~y to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
pm'ty hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof
be construed as a waiver of any subsequent default of the same or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
m~y other obligations herein.
SECTION TWENTY-SEVEN
SEPARATE COVENANTS
SEVERABILITY AND INDEPENDENT AND
27.01. The parties agree that each separate obligation contained in this Agreement shall
be deemed to be a separate and independen! covenant and agreement. If any term, condition,
clause or provision of this Agreement shall be determined or declared to be void or invalid in
law, or otherwise, then only that term, condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the pm~ties.
SECTION TWENTY-EIGHT EFFECT
RE CONCILIATION ATTEMPT
OF
RECONCILIATION OR
28.01. This Agreement shall remain in full force and effect even if the parties reconcile,
cohabit as husband and wife, 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.
SECTION TWENTY-NINE CONFIDENTIALLY
29.01. This Agreement and the financial documents produced in the process of
negotiating the provisions hereof ("documents") shall not be filed with any public official or
otherwise placed on public record, except as may be necessary and required in connection with
a divorce proceeding or in order to enforce any of the terms hereof. The parties shall cooperate
in an effort to seal the record in any divorce proceeding as it may relate to this Agreement or the
documents. The parties further agree that, subject to required disclosure by subpoena, deposition
or other order of a court or governmental agency, neither party shall disclose the terms of this
Agreement or the documents as aforesaid or the contents of the attached Schedules (if any) and
each shall instruct his or her counsel and other experts to maintain this confidentiality. In the
event of any subpoena, deposition or other order requiring disclosure of this Agreement or the
documents as aforesaid, the party receiving such subpoena, deposition notice, or other order as
aforesaid will notify the other and allow the other to defend against such disclosure at the
defending party's own costs. The foregoing prohibition of disclosure shall not apply to discussions
with the parties' children or disclosure to any proposed spouse of either party in connect with
representation being made in a pre-marital agreement between a party hereto and such proposed
new spouse.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
Raym'ond J. Qfigver
Robin C. Culver
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COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF ADAMS :
Onthisday 7~1 of tt~'~lJ,~,~ ,2002, beforeme, a notary public, the
undersigned officer, personally appeared RSfymond J. Culver, known to me, or satisfactorily
proven, to be the person whose name is subscribed to the within instrmnent and acknowledged
that he executed the sane for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notarial Seal
[es//A. Isaacsoo, Notary Publlg
Meoallen Twp., Adams County
My Commission Expires Oct. 24, 2005
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ADAMS
On this day ~L~ of
undersigned officer, personally appeared Ro~tin
SS.
,2002, before me, a notary public, the
C. Culver, known to me, or satisfactorily
proven, to be the person whose name is subscribed to the within instrument and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Lesli A. lsaacson, Notary Public
Menallen Twp., Adams County ~
My Commission Expires Oct. 24, 2005 ~Nota;ry Public
14
EXHIBIT "A"
ITEMS OF FURNITURE AND OTHER PERSONAL PROPERTY IN THE POSSESSION
OF HUSBAND AND OWNED BY WIFE:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Father's bedroom suit
Highboy
Long dresser
Night stand
Bed (less mattress and box spring)
Valet
Marble top buffet
Drysink
Coffee and matching end tables (2)
Pink love seat
Braided wool rug
Rocking chair
Full length mirror
Pattern wedding dishes
Antique sewing machine
Robin's father's and family's personal items
15
iN ThE COURT OF COMMON
OF CUMBERLAND COUNTY
STATE Of PENNA.
N O. 01-2468
VERSUS
Plaintiff
Defendan£
PLEAS
Decree IN
DIVORCE
AND NOW,
DECREED THAT
Raymond J. Culver
~, IT IS ORDERED AND
, PLAINTIFF,
AND Robin C. Culver , 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;
A Harrtage Settlement Agreement dated;February 6, 2002 is to be incorporated,
but not merged, into the Decree by reference thereto as per Section Five of
the Agreement.
BY TH~,COURT: /
PROTHONOTARY