HomeMy WebLinkAbout02-0371DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737~0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~RGARET BORDNER,
Plaintiff
KENNETH A. BORDNER,
Defendant
: NO. 02
: CIVIL ACTION - LAW
· DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you~fail to do so, the case may
oroceed without you and a decree of divorce or annulment may be
!ntered against you by the court. A judgment may also be entered
tgainst you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
IProthonotary at the Cumberland County Courthouse, Carlisle,
~Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
~OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
)FFICE 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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BORDNER,
Plaintiff
V.
~TH A. BORDNER,
Defendant
NO. --
CIVIL ACTION - LAW
DIVORCE
COMPLAINT
AND NOW, this ~ day of , 2002, comes the
~laintiff, Margaret Bordner, by her attorney, DIANE G. RADCLIFF,
ESQUIRE, and files this Complaint in Divorce of which the following
is a statement:
COUNT I: DIVORCE
1 The Plaintiff is Margaret Bordner,
residing at 775 Old Silver Springs
Cumberland County, Pennsylvania.
2. The Defendant is Kenneth A. Bordner,
3 o
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
5 o
6 o
an adult individual
Road, Mechanicsburg,
an adult individual
residing at 35 Chainsaw Road, Dillsburg, York County,
Pennsylvania.
Plaintiff and/or Defendant have been bona fide residents of
the Commonwealth for at least six (6) months previous to the
filing of this Complaint.
Plaintiff and Defendant were married on May 18, 1985 at
Mechanicsburg, Pennsylvania.
There have been no prior actions of divorce or annulment
between the parties.
Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
-2-
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
participate in counseling.
The Defendant is not a member of the Armed Services of the
United States or any of its Allies.
The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
Or in the alternative,
b. That the parties are now living separate and apart, and
at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate
and apart for the required period of time and that the
marriage is irretrievably broken.
Or in the alternative,
c. That Defendant has offered such indignities to the person
of the Plaintiff, the innocent and injured spouse, as to
render her condition intolerable and life burdensome, and
that this action is not collusive.
W~EREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
10.
COUNT II: EQUITABLR DISTRIBUTION
Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length.
Plaintiff and Defendant have acquired property and debts, both
real and personal, during their marriage from May 18, 1985
until November 2001, the date of separation, all of which is
"marital property".
-3-
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
11. Plaintiff and/or Defendant have acquired, prior to the
marriage or subsequent thereto, ,,non-marital property" which
has increased in value since the date of marriage and/or
subsequent to its acquisition during the marriage, which
increase in value is ,,marital property".
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property as of the date of the
filing of this Complaint.
W~EREFORE, Plaintiff requests this Honorable Court to
equitably divide all marital property and debts of the parties.
Respectfully submitted,
DIANE G. RA~ub~, ESQUIRE
~-4~dle) Road
c~A 17011
Supreme Court ID ~32112
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
-4-
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to
;worn falsification to authorities.
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
-5-
Margaret M. Bordner v. Kenneth A. Bordner
Acceptance of Service by Atty.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER, :
Plaintiff :
:
v : NO. 02-371 CIVIL TERM
:
KENNETH A. BORDNER, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, the undersigned attorney for the Defendant in the above
captioned action, being duly authorized by said Defendant, hereby
accept service of the Complaint filed in the above captioned matter
on January 22, 2002.
Date:
~aMaD~t rCeaentt or, squire
Camp Hill, PA 17011
Attorney for the Defendant
MARGARET BORDNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH A. BORDNER,
Defendant
NO. 02-371 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
PRAECIPE TO WITHDRAW / ENTER APPEARANCi,~
TO THEPROTHONOTARY:
DATED: pm 25, 2002
Kindly withdraw my appearance on behalf of the Defendant, Kenneth A. Bordner, in the
above-captioned action and enter the appearance of Stephen Dzuranin, Esquire.
,
ire
1~-~1~e A~ller, P.C. '
Sup. Ct~D. #66378
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Kindly enter my appearance as counsel fo~~n
captioned action, the above-
// J W~x7 Wenger ~' Weber, PC
/~/ Sup. Ct. I.D. #52653
508 North Second Street
Harrisburg, PA 17101
(717) 234-4182
MARGARET BORDNER,
Plaintiff
v
KENNETH A. BORDNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-371 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
_STIPULATION
AND NOW, this ~day of O~~ 2002, Diane G.
Radcliff, Esquire, Attorney for Plaintiff and Stephen j. Dzuranin,
Esquire, Attorney for Defendant, having been duly authorized by
Plaintiff and Defendant respectively, do hereby stipulate and agree
as follows:
2 o
Husband shall execute the Health Alliance of Pennsylvania
(PHICO) Pension Plan Spousal Consent Form pertaining to Wife's
PHICO Pension, and deliver the same to Plaintiff,s attorney,
Diane G. Radcliff, Esquire, thereby enabling Wife to elect to
receive her PHICO Pension in a lump sum payment in the
estimated amount of $35,825.00, to be paid and deposited by
way of a direct roll over into an IRA account to be
established in Wife's sole name.
Wife shall submit to PHICO Husband's consent form and her
election form in which she shall elect to receive her PHICO
Pension in a lump sum payment in the estimated amount of
$35,825.00, to be paid and deposited by way of a direct roll
over into an IRA account to be established in Wife's sole
name.
3 o
Wife shall deposit the lump sum pension Payment in the
estimated amount of $35,825.00, together with any accrued
interest thereon into an IRA to be established in Wife's sole
name.
Wife shall not make any withdrawals from the aforesaid IRA
account until the entry of a further order of this Court or
until the final equitable distribution of the parties marital
assets and debts, whichever shall first occur.
Wife's PHICO Pension was acquired for the most part during the
parties, marriage, with a small portion thereof acquired after
the parties, separation. The portion of the PHICO Pension
earned during the marriage, as that portion may hereafter be
determined by the Divorce Master, is a marital asset subject
to equitable distribution between the parties. Wife's PHICO
Pension will retain that nature and character as a marital
asset notwithstanding the lump sum election, payment, and
deposit into an IRA account in Wife's sole name.
Husband has reserved, and does not waive, his rights in, and
claim to equitable distribution of, Wife's PHICO Pension and
any interest that may hereafter accrue thereon, or any change
in value thereof, arising out of the investment of the lump
sum amount in the IRA account aforesaid; and the terms of the
Stipulation and the Order to be entered pursuant to the terms
of this Stipulation shall not be construed to affect, nor
represent a waiver of, said equitable distribution rights.
Husband has reserved, and does not waive, the right to submit
a valuation of Wife's PHIC0 pension utilizing any other
payment option available to Wife under the PHICO Pension Plan,
which valuation may indicate a value different from the lump
sum amount payable under the PHICO Pension Plan. The terms of
8 o
the Stipulation and the Order to be entered pursuant to the
terms of this Stipulation are without prejudice to Husband to
submit said valuation to the Divorce Master and/or any court
of competent jurisdiction, and neither the Divorce Master nor
the Court shall be prohibited from accepting and adopting that
different valuation and value as the value of Wife's PHICO
pension for equitable distribution purposes. Husband has also
reserved the right to any claim for attorneys fees and costs
associated with the entry of this Order.
The parties hereby authorize the court having jurisdiction
over this divorce case to enter an order incorporating the
terms of this Stipulation.
IN WITNESS W~EREOF, the parties attorneys, having been duly
authorized by their respective clients, have set their hands and
seals the day and year below written.
Attorney for Plaintiff
Date:
STEPHEN j. DZURANIN, ESQUIRE
Attorney for Defendant
Date:
10~07%02
20:15 DIANE G RRDCLIFF ~ 2344224 N0.049
~9
the Stipulation and the Order to be entered pursuant to the
ter~s of this Stipulation are without prejudice to Husband to
submit said valuation to the Divorce Master and/or any court
of competent jurisdiction, and neither the Divorce Master nor
the Court shall be prohibited from accepting and adopting that
different valuation and value as the value of Wife's PHICO
pension for equitable distribution purposes. Husband has also
reserved the right to any claim for attorneys fees and costs
associated with the entry of this Order.
The parties hereby authorize the court having jurisdiction
over this divorce case to enter an order incorporating the
terms of this Stipulation.
IN WITNESS WHEREOF, the parties attorneys, having been duly
authorized by their respective clients, have set their hands and
seals the day and year below written.
Attorney for Plaintiff
.: ~ttorney for Defendant
MARGARET BORDNER,
Plaintiff
KENNETH A. BORDNER,
Defendant
: IN THE COI~T OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-371 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
consideration of the within Stipulation entered into on behalf of
Margaret Bordner ("Wife,,) and Kenneth A. Bordner ('~Husband,,) , IT IS
HEREBY ORDERED AND DECREED that:
Husband shall execute the Health Alliance of Pennsylvania
(PHICO) Pension Plan Spousal Consent Form pertaining to
Wife's PHICO Pension, and deliver the same to Plaintiff's
attorney, Diane G. Radcliff, Esquire, thereby enabling
Wife to elect to receive her PHICO Pension in a lump sum
payment in the estimated amount of $35,825.00, to be paid
and deposited by way of a direct roll over into an IRA
account to be established in Wife's sole name.
2 o
Wife shall submit to PHICO Husband's consent form and her
election form in which she shall elect to receive her
PHICO Pension in a lump sum pay]ment in the estimated
amount of $35,825.00, to be paid and deposited by way of
a direct roll over into an IRA account to be established
in Wife's sole name.
Wife shall deposit the lump sum pension payment in the
estimated amount of $35,825.00, together with any accrued
interest thereon into an IRA to ]De established in Wife's
sole name.
Wife shall not make any withdrawals from the aforesaid
IRA account until the entry of a further order of this
Court or until the final equitable distribution of the
parties marital assets and debts, whichever shall first
occur.
Wife's PHICO Pension was acquired for the most part
during the parties' marriage, with a small portion
thereof acquired after the parties' separation. The
portion of the PHICO Pension earned during the marriage,
as that portion may hereafter be determined by the
Divorce Master, is a marital asset subject to equitable
distribution between the parties. Wife's PHICO Pension
will retain that nature and character as a marital asset
notwithstanding the lump sum election, payment and
deposit into an IRA account in Wife's sole name.
Husband has reserved, and does not waive, his rights in,
and claim to equitable distribution of, Wife's PHICO
Pension and any interest that may hereafter accrue
thereon, or any change in value thereof, arising out of
the investment of the lump sum amount in the IRA account
aforesaid; and the terms of the Stipulation and this
Order shall not be construed to affect, nor represent a
waiver of, said equitable distrilbution rights.
7 o
Husband has reserved, and does not waive, the right to
submit a valuation of Wife's PHICO pension utilizing any
other payment option available to Wife under the PHICO
Pension Plan, which valuation may indicate a value
different from the lump sum amount payable under the
PHICO Pension Plan. The terms of the Stipulation and
this Order are without prejudice to Husband to submit
said valuation to the Divorce Master and/or any court of
competent jurisdiction, and neither the Divorce Master
nor the Court shall be prohibited from accepting and
adopting that different valuation and value as the value
of Wife's PHICO pension for equitable distribution
purposes. Husband has also reserved the right to any
claim for attorneys fees and costs associated with the
entry of this Order.
BY THE COURT:
ATTORNEY FOR PLAINTIFF:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
ATTORNEY FOR DEFENDANT:
Stephen J. Dzuranin, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
MARGARET BORDNER,
Plaintiff
KENNETH A. BORDNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-371 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
INVENTORY OF MARGARET BORDNER
Plaintiff files the following inventory of all property owned or possessed by either party at the time this
action was commenced and all property transferred within the preceding three years.
Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification
to authorities.
MARGA~I~T BORDNER, Plaintiff
Dated:
~I~-~YR~tD CL-~, E S QUIRE[ /
~4_48 Trindle.~oad
Camp I-IilI,~PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID #32112
Attorney for Plaintiff
Pa~e 1
on the
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ASSETS AND LIABII,ITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts
following pages:
1. Real property and Real Estate Mortgages
2. Motor vehicles and Vehicle Liens
3. Stocks, bonds, securities and options
4. Certificates of Deposit
5. Checking accounts, cash
6. Savings accounts, money market and savings certificates
7. Contents of safe deposit boxes
8. Trusts
9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries)
10. Annuities
11. Gifts
12. Inheritances
13. Patents, copyrights, inventions, royalties
14. Personal property outside the home
15. Business (list all owners, including percentage of ownership, and officer/director positions held by
a party with company)
16. Employment termination benefits ~ severance pay, worker's compensation claim/award
17. Profit sharing plans
18. Pension Plans (indicate employee contribution and date plan vests)
19. Retirement plans, Individual Retirement Accounts
20. Disability payments
21. Litigation claims (matured and unmatured)
22. Military/V.A. benefits
23. Education benefits
24. Debts due, including loans, mortgages held
25. Household furnishings and personalty (include as a total category and attach itemized list if
distribution is in dispute)
26. Other assets
27. Loans
28. Credit Cards
29. Other Debts
Page 2
SECTION I.
MARITAl, PROPERTY AND DEBTS
The following is a listing of all marital property in which either or both spouses have a legal or equitable interest,
individually or with any other person as of the date of separation and, alll marital debts owed by either or both spouses,
individually or with any other person as of the date of separation:
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND TO WIFE
1 35 Chainsaw Rd. EST 125,000.00
Dillsburg, PA
Fair Mkt. Value
Halifax National Bank Mtg. 2.13.02. (56,129.73)
#75544
2"a Mortgage 2.13.02. (7,214.04) ~~/~/~~ /
(Beach Property)
//80608
Net Equity EST 61,656.23 61,656.23
1. The real estate will need to be appraised if it is not going to be sold.
2. Statement for 2/13/02 balances will need to be updated closer to distribution date.
3. Husband has lived in this property since separation.
4. Wife contributed $400.00 per month for December 2001 and January, 2002 towards the mortgage payments.
5. Husband has not paid the taxes for 2002 ($412.97 for municipal and $1,645.74 for school for a total of
$2,058.71)
2 6 Sycamore Dr. EST 20,000.00 20,000.00 20,000.00
Bethany Beach, DE
1. This real estate will need to be appraised to determine its actual value.
2. This property is owned by husband and wife (50%) and his sister (50%) and was acquired on 4/17/98 for
$25,000.00.
3. It is believed the property has a value of $40,000.00, making parties' half share $20,000.00.
4. The mortgage for the acquisition of this property is a lien against the Chainsaw Road property.
5. The trailer on the property was a girl to husband and his sister and is non-marital property and is not included
in the value.
Pa~e 3
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND TO WIFE
3 Wife's 1994 Ford Probe GT_
8.29.02. 1,805 00 ~ ,~' ·
Wife's Probe Loan NOne
Net Value 1,805.00 1,805.00 [ I 1,805.00
1. 8/29/02 Kelly Blue Book Good condition value is $1,805.00
2. This vehicle has body damage that is to be repaired.
4 Husband's 1997 Chevrolet 2.26.02. 9,920.00
Extended Cab Pick up
Truck
Husband's M&T Credit 6.14.02. (15,926.48)
Corp Loan
Net Value (6,006.48) 0.00
1. 4/5/02 Kelley Blue Book good condition value is $9,920.00
2. Husband has supplied a statement of the loan balance as of 6/14./02
3. Vehicle valued at net zero value rather than negative value.
5 Husband's 1986 Dodge 4.5.02. 746.00
Ram
Husband's Dodge Ram NONE
Loan
Net Value 746.00 746.00I 746.00I
1. 2/26/02 Kelley Blue Book poor condition value is $0.00.
2. 4/5/02 Kelley Blue Book value good condition value is $746.00.
6 1985 H°nda Vt500c Vehicle Shadow Loan Motorcycle 4'5'02' NONE 840'00
Net Value 840.00 840.00I 840.00I
1. 4/5/02 Kelley Blue Book good condition value is $840.00.
Pa~e 4
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND TO WIFE
14 Wife's Phico Pension 8.1.02. $35,825.00 35,825.00 35,825.00
1. Wife elected to take this pension in a lump sum roll over into another qualified plan. The above value is the
value received upon that roll over.
2. There were 2 alternative options not selected by wife. The first was to receive a monthlY pension payment of
$1,018.25 commencing on 1/1/2027. The second was to receive a monthly pension payment of $203.23
commencing on 8/1/02.
15 Wife's Phico Salary 6.30.02. 38,409.86 38,409.86 38,409.86
Deferral Plan (40 IK Plan)
1. This plan had a value of $42,702.21 as of 12/31/01.
2. No contributions have been made since 12/31/01.
3. The plan is declining in value based on market conditions.
16 Husband's Plumbers and 11.30.01 See comments Sec comments
Pipefitters Local 520
Pension
1. Present value of this pension has not been determined,
2. According to a 5/8/02 statement from the union the vested pension benefit as of 11/30/01 was $1,424.64
payable at age 62 (3/5/2023).
3. It is believed that this pension has a value greater than wife's pension listed as #13 above since her pension was
payable @$1,018.25 commencing on 1/1/2027 as compared to HuSband's pension ~$1,424.64 commencing
on 3/5/2023
17 Husband's Plumbers and 11.30.01 62,899.48 62,899.48 62,899.48
Pipefitters Local 520
Annuity Fund
1. The above value is as per union statement dated 5/8/02 providing value as of 11/30/01.
18 Husband's Household 11.30.01. 14,000.00 14,000.00 14,000.00
Goods ·
1. See following listing based on wife's value estimates.
19 Wife's Household Goods 111.30.01. 2'000'00 I 2,000'00I 2,000.00
1 See following listing based n wife's value estimates.
Pa~e 6
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND TO WIFE
7 1978 Suzuki Motorcycle TBD
Vehicle Loan NONE
Net value TBD TBDI TBD I
1. No Valuation Has Been Performed For This Vehicle.
8 1991 Special Construction TBD
Trailer
Loan None
Net Value TBD TBDI TBDI
9 Member's 1st Jt. g40855 11.16.01. 2,866.34 12,866.34 2,866.34
Suffix: 11 Checking
1. Wife retained control over this account at separation.
2. Wife no longer uses this account. She opended her own account after separation.
10 Members lStjt. # 148173 11.18.01 503.16 503.16 503.16
Suffix: 11 Checking
1. Husband retained control over this account as of and after date of separation.
11 Member's 1st Jt. #40855 11.15.01 2,039.37 2,039.37 1,000.00 1,039.37
Suffix: 00 Savings
1. Wife retained control over this account as of and after date of separation.
2. Wife paid husband $1,000.00 fi.om this account approx. 1 week after separation
3. Wife no longer uses this account. It remains open only because of the key loan. The balance is almost $0.00.
12 Member's 1st Jt. # 40855 11.23.02 45.06 45.06 45.06
Suffix:02 Holiday Club
1. Wife retained at separation.
13 Member's 1st Jt. Savings 11.06.01 354.27 354.27 354.27
Account 148173
1. Husband retained control over this account at separation.
2. This is the account into which wife's transfer of the $1,000.00 was made on 11.23.01.
Page
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND TO WIFE
20 Miscellaneous Cash Spent 5,000.00 5,000.00 5,000.00
on Road Rage Case
1. Husband spent approx. $5,000.00 in fees and costs in criminal action against him for road rage in January 2001.
2. Husband also had a DUI in December of 1990. As the result approximately $4,000.00 was expended for legal
fees and increased insurance costs.
21 Husband's 2001 Income 12.31.02 1,753.58 1,753.58 1,753.58
Tax Refund
1. Husband has supplied copy of his tax return to verify amount of this tax.
2. The actual refund was $1,913.00.
3. 11/12ths of the refund = $1,753.58
4. Husband refused to file joint tax return with wife for this 2001 tax year.
22 Members 1st Key Loan 11.16.01 (3,889.25) (3,889.25) (3,889.25)
#40855-071
1. Wife has been paying this account.
2. Value is from statement of account from 10/18/01 through 1/16/02.
3. Wife has not used this account since separation.
23 Local 520 Credit Card 11.15.01 (4,042.37) [ (4,042.37) I (4,042.37) I
1. Husband has been paying this account.
2. Value is from 11/15/01 statement
24 ATT Universal Card 11.15.01 (4,165.59) (4,165.59) (4,165.59)
#5398 8090 0211 0693
1. Wife has been paying this account since separation.
2. Value is beginning balance as of 11/15/01 from statement for period from 11/16-12/17/01.
3. Wife has not used this account since separation
25 Fleet #54910000850964706 112.13.01 I (1,479.89) ] (1,479.89)I (1,479.89)
1. Wife has been paying this account since separation.
2. Value is beginning balance of 12/13/01 statement for period from 11/13-12/13/01 plus charges made up to date
of separation.
3. Wife has not used this account since separation.
Pa~e 7
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND TO WIFE
26 Chase Platinum 11.12.01 (867.37) (867.37) (867.37)
Masterdcard
#5491 0402 4001 5397
1. Wife has been paying this account since separation.
2. Value is as of 11/12/01, the beginning balance taken from statement for period from 11/13-12/12/01.
3. Balance as of 12/12/01 was $866.04.
4. Wife used this account after separation.
27 Discover Platinum Card 112.2.02 I (504'91) 1 (504'91)I (400'00)I (104.91)
1. Wife has been paying this account from separation through March 2002. It is believed that husband has been
paying this obligation since April 2002.
2. Above balance is as of period ending 12/2/01,
28 First Card 11.13.01 (1,032.04) (1,032.04) (1,032.04)
g4366 1630 5450 8433
1. Wife has been paying this account since separation.
2. Value is 11/31/01. Balance taken from statement for period from 11/4-12/17/01.
3. Balance as of 12/13/01 was $938.48.
4. Wife has not used this account since separation
29 Wife's 2001 Income Taxes 12.31.01 (128.00) .(128.00) (128.00)
from Separate Filing
Tax return to verify amount of this tax.
30 Peoples Bank I10'23'02' I (2,122.25) I (2,122.25)I I (2,122.25)
1. Wife has been paying this account since separation.
2. Wife has not used account since separation.
TOTAL OF ASSETS AND LIABILITIES 234,633.93 164,310.35 70,323.58
Totals from above 234,633.93 164,310.35 70,323.58
Amount Due in 50/50 Division 117,316.97 117,316.97
Adjustment Figure (46,993.39) 46,993.39
Pa~e 8
NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY TO HUSBAND ] TO WIFE
Totals from above 234,633.93 164,310.35 70,323.58
Amount Due in 45/55 Division 105,585.27 129,048.66
Adjustment Figure (58,725.08) 58,725.08
Totals from above 234,633.93 164,310.35 70,323.58
Amount Due in 40/60 Division 93,853.57 140,780.36
Adjustment Figure (70,456.78) 70,456.78
COMMENTS:
1. The adjustment figures are for preliminary illustration purposes only and may not be accurate. These adjustment
figures are not to be deemed a representation by Plaintiff as to the amount of any adjustment.
Pa~e 9
SECTION II.
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAl, PROPERTY
Plaintiff lists all household goods and contents in which either or both spouses have a legal or equitable interest,
individually or with any other person as of the date of separation, the total value of which is specified in Section I. above:
(Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property
acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and J. nheritance also
specify the source person).
NO DESCRIPTION OWNER POSSESSOR VALUE METHOD OF
VALUATION AND
SUPPORTING
DOCUMENTATION
1 Faberware pots & pans Joint Husband 80.00 Estimated
2 Pfaltzgraff dishes (setting of 12) Joint Husband 50.00 Estimated
3 Refrigerator Joint Husband 1100.00 Estimated
4 Dishwasher Joint Husband 300.00 Estimated
5 Microwave Joint Husband 300.00 Estimated
6 Kitchen curtains Joint Husband 60.00 Estimated
7 Country shelf Joint Husband 30.00 Estimated
8 Hanging lamp Joint Husband 30.00 Estimated
10 Set of flatware Joint Husband 100.00 Estimated
12 Standing lamp Joint Husband 70.00 Estimated
13 Antique refinished trunk Joint Husband 350.00 Estimated
17 Lamp on end table Joint Husband 80.00 Estimated
18 Antique dry sink Joint Husband 600.00 Estimated
19 Quilt rack Joint Husband 70.00 Estimated
20 Cedar chest Joint Husband 300.00 Estimated
21 Couch in loft Joint Husband 600.00 Estimated
22 Love seat Joint Husband 400.00 Estimated
Page 10
25 Waterbed with attached cabinet and mattress Joint Husband ! 1000.00 [ Estimated
26 Night stand Joint Husband [| 175.00 [| Estimated
27 Dresser Joint Husband[| 350.00/| Estimated
28 Bureau Joint Husband[ 450.00 [ Estimated
29 Oval mirror on night stand Joint Husband ! 150.00 ! Estimated
30 1st Gun Cabinet Husband Husband [/ 300 ![ Estimated
31 2nd Gun cabinet Husband Husband [| 500.00 [! Estimated
32muzzleTh°mps°n/Centerloader #r2arms13232'50~caliber1982 Flintlock Husband Husband /| 350.00 /| Estimated
/
33actionOF Mossburgshot gun &~lSons930model 85A 20 gauge bold Husband Husband ~ 100.00 / Estimated
/
34 Marlin arms co. Model 336 30-30 win, lever Husband Husband / 350.00 / Estimated
action 2 4x Bushnell #25000407 @ 1975
/
!
35 Remington arms co. Model 7600 30-06 spring Husband Husband / 400.00 ~ Estimated
pump action 2/3x9 Simmons #8472847 ~1988
/
!
36 Marlin firearms co. Model 80DL .22 caliber bolt Husband Husband / 180.00 ! Estimated
action 7 shot detachable mag. w 4x simmons
~1950
37 Remington arms co. Model 572 .22 caliber Husband Husband ] 250.00/ Estimated
pump action 15 shot tub #A1935559 w/ 4x
Bushnell ~1987
38 Storm, Ruger & Co. new model single six .22 Husband Husband ~ 250.00 [ Estimated
caliber/22 wmag single action revolver 6½"
BBL #69-91314 ~1987
39 Sturm, Ruger & Co. security six 357 magnum Husband Husband/ 250.00/ Estimated
double action revolver 6" BBL #159-71148
@ 985
Pa~e 11
NO DESCRIPTI METHOD OF
VALUATION AND
SUPPORTING
DOCUMENTATION
40 Sturm, Ruger & Co. model P~u band I Husband I 300.00 I Estimated
double action automatic #301-36233 15 shotI [ I [
act. Mag. ~1989 ........ I I I ]
41 Con-val Arms Colonial 45 caliber flintlock[ Husband I Husband [ 200.00[ Estimated
pistol 301041 ~1986 ....... [ I I I
42 Marlin model 782, 22WMR bolt actionI Husband [ Husband ] 100.00[ Estimated
#24623343 ~1985 .... I I I I
43 Bear whitetail hunter 39" compoundbowIHusbandI Husband I 7s.°°l Estimated
#WH585484 I I I I
44 Tools nt. u an 3,000.00 Estimated
45 4additionalguns IHusband I Husband I TBDI
TOTAL AMOUNT OF MARITAL GOODS & CONTENTS IN HUSBAND'S I 14,000.00 I
POSSESSION ]
Pa~e 12
AND/°R [ VALUATION AND
BASIS FOR I S~PORTING
EXCLUSION IF [ DOCUMENTATION
CLAIMED TO BE
N°N MAmmAL
1 Ithaca gun model 37, 12, Husband~1974shot gauge gun23/4#1371393510Pump action ~/! Husband 250'00/ Pre-mariHUsbandls / Estimatedal
2 Ithaca gun model 12x12, HusbandshotgaUgegun2 #3764223/4 side bY~1920side!'/ Husband 850'00 / Husband s / Estimatedpre-marital
3 TV / Wife Husband 325.00 / Gift to wife from [ Estimated
wife's parents
4 VCR Wife Husband 250.00 /Giftwife,stO wifeparentsfrOm /[Estimated
!
5 Blue Lazy Boy recliner ~ Wife Husband 650.00 ~ wife,sparents~Gift to wife from / Estimated
6 Teddy bear oil painting ~ Wife Husband 200.00 ~ wife,s parents /Gift to wife from ! Estimated
Octagonal kitchen table f / Giftwife,stO wifeparentsfrOm
7 & chairs / Wife Husband 250.00 | Estimated
8 Brown Lazy Boy recliner / Wife| Husband 350.00 / wife,s parents t} Gift to wife from! / Estimated
9 C°uch (living r°°m)J Wife Husband 500.00 / Gift to wife from / Estimated
wife's parents
10 C°ffee table & end tables/ Wife Husband 300.00 J/
Gift to wife from [ Estimated
wife's parents
TOTAL NON-MARITAL ITEMS IN HUSBAND'S 3,925.001
POSSESSION
Pa~e 13
DESCRIPTION OWNER POSSESSOR VALUE
Wedding ring & engagement ring WIFE WIFE 2,000.00
TOTAL OF MARITAL ITEMS IN WIFE'S POSSESSION 2,000.00
METHOD OF
VALUATION AND
SUPPORTING
DOCUMENTATION
Estimated
NO. DESCRIPTION OWNER POSSESSOR VALUE I COUNTS METHOD OF
AND/OR VALUATION AND
BASIS FOR SUPPORTING
EXCLUSION IF DOCUMENTATION
CLAIMED TO BE
NON MARITAL
1 GusdorfTV stand Wife Wife 50.00 Gift to wife from Estimated
wife's parents
2 Light brown 5 drawer Wife Wife 100.00 Gift to wife from Estimated
dresser, night stand, wife's parents
double dresser & mirror
3 Twin bed, box spring, Wife Wife 50.00 Gift to wife from Estimated
mattress and frame wife's parents
TOTAL OF NON-MARITAL ITEMS IN WIFE'S 200.00
POSSESSION
Pa~e 14
SECTION III.
NON-MARITAl, PROPERTY AND LIABII,ITIES
The following is a listing of all property and/or debts in which a spouse had a legal or equitable interest or owed
as of the date of separation which is claimed to be excluded from marital property.
(Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property
acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source
person).
NO DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF
BASIS FOR EXCLUSION VALUATION AND
IF CLAIMED TO BE NON SUPPORTING
MARITAL DOCUMENTATION
1 Bethany Beach Mobile Husband Husband unknown Gill: to husband and his TBD
Home sister from their mother
2 Ithaca gun model 37, 12 Husband Husband 250.00 Husband's Estimated
gauge 2 3/4 pump action Pre-marital
shot gun #1371393510
~1974
3 Ithaca gun model 12x 12 Husband Husband 850.00 Husband's Estimated
gauge 2 3/4 side by side Pre-marital
shot gun #376422
@1920
4 Gusdorf TV stand Wife Wife 50.00 Gift to wife from wife's Estimated
parents
5 Light brown 5 drawer Wife Wife 100.00 Gift to wife from wife's Estimated
dresser, night stand, parents
double dresser & mirror
6 Twin bed, box spring, Wife Wife 50.00 Gift to wife from wife's Estimated
mattress and frame parents
7 TV Wife Husband 325.00 Gift to wife from wife's Estimated
parents
8 VCR Wife Husband 250.00 Gift to wife from wife's Estimated
parents
9 Blue Lazy Boy recliner Wife Husband 650.00 Gift to wife from wife's Estimated
parents
Pa~e 15
NO DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF
BASIS FOR EXCLUSION VALUATION AND
IF CL~D TO BE NON SUPPORTING
~TAL DOCUMENTATION
10 Teddy bear oil painting Wife Husband 200.00 Gift to wife ~rom wife's Estimated
parents
11 Octagonal kitchen table Wife Husband 250.00 Gift to wife from wife's Estimated
& chairs parents
12 Brown Lazy Boy Wife Husband 350.00
recliner
13 Couch (living room) Wife Husband 500.00
14 Coffee table & end Wife Husband 300.00
tables
Page 16
SECTION IV.
PROPERTY TRANSFERRED
The following is a listing of all property which was transferred within 3 years of the date of the commencement of this
action or was transferred since the date of separation:
NO. DESCRIPTION OF TRANSFER CONSIDE~TION T~SFEREE COMMENTS
PROPERTY DATE
None Known
Comments:
I
Comments:
Page 17
CERTIFICATE OF SERVICE
AND NOW, this day of ., 2002, I, DIANE G. RADCLIFF, ESQUIRE, hereby
certify that I have this day served a copy of the within INVENTORY, upon the following set forth
person, by mailing same by first class mail, postage prepaid, addressed as follows:
Stephen J. Dzuranin, Esquire
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
Respectfully submitted,
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID #32112
Page 18
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER,
Plaintiff
Vo
KENNETH A. BORDNER,
Defendant
: NO. 02 371 CIVIL TERM
CIVIL ACTION - LAW
: IN DIVORCE
:
INCOME AND EXPENSE STATEMENT OF M~RGARET BORDNER
I verify that the facts set forth in the following Income and
Expenses Form, including all attachments thereto, are true and
correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
RGA~ BORDNER
- I -
PART I. INCOME
A. EMPLOYMENT INFORMATION:
EMPLOYER: TEK Systems
ADDRESS: 6990 Gateway Drive, Colombia, MD 21046
POSITION: Business Analyst
PAYROLL NUMBER: 109 TEK-010-05
PAY PERIOD: Weekly
COMMENTS: This job started on 3/5/02 with first pay period ending
on 3/15/02
B. EMPLOYMENT INCOME:
The following table is based on the year to date income as of pay period
ending 11/30/02. This is Plaintiff's 38th pay period. Her first pay period
ended on 3/16/02:
DESCRIPTION YTD FACTOR WEEKLY BIWEEKLY MONTHI,Y YEARLY
GROSS INCOME 33,599.40 38 884.19 1,768.39 3,831.51 45,978.13
FEDERAL TAX (5,721.32) 38 (150.56) (301.12) (652.43) (7,829.17)
FICA (2,060.01) 38 (54.21) (108.42) (234.91) (2,818.96)
MEDICARE (481.78) 38 (12.68) (25.36) (54.94) (659.28)
STATE (930.33) 38 (24.48) (48.96) (106.09) (1,273.08)
LOCAL (342.25) 38 (9.01) (18.01) (39.03) (468.34)
401K PLAN (487.27) 38 (12.82) (25.65) (55.57) (666.79)
MEDP DBL (102.92) 38 (2.71) (5.42) (11.74) (140.84)
MtSDP (270.48) 38 (7.12) (14.24) (30.84) (370.13)
LTD (25.02) 38 (0.66) (1.32) (2.85) (34.24)
LTD AGE 65 (190.44) 38 (5.01) (10.02) (21.72) (260.60)
CTR LIFE (55.44) 38 (1.46) (2.92) (6.32) (75.87)
EM LIFE DB (24.63) 38 (0.65) (1.30) (2.81) (33.70)
NET TOTAL 22,907.51 38 602.83 1,205.66 2,612.26 31,347.12
- 2 -
C. OTHER INCOME:
INrEREST $2.92 $12.66 $151.92
DIVIDENDS
PENSIONS
ANNUl'lIES
SOCIAL SECURITY
RENTS
ROYALTIES
EXPENSE ACCOUNT
GIFTS
UNEMPLOYMENT COMPENSATION
WORKMAN'S COMPENSATION
INCOME TAX REFUNDS
SUPPORT OR ALIMONY
COMMISSIONS
TIPS
OTHER (SPECIFY):
TOTAL OTHER INCOME $2.92 $12.66 $151.92
- 3 -
PART II. EXPENSES
DESCRIPTION WEEKLY MONTHLY YEARLY
Rent $150.00 $650.00 $7,800.00
First Mortgage
Second Mortgage/Home Equity
Maintenance And Repairs
Electric $8.08 $35.00 $420.00
Gas (Propane) $23.08 $100.00 $1,200.00
Oil
Telephone $9.69 $42.00 $504.00
Water
Sewer
Trash $3.08 $13.33 $159.96
Public Transportation
Lunches $30.00 $130.00 $1,560.00
Other Expenses(Specii:y):
s!
Real Estate Taxes
Personal Property Taxes
Income Taxes Not Withheld
Per Capita/Occupation Taxes $0.19 $0.83 $9.96
- 4 -
DESCRIPTION WEEKLY MONTHLY YEARLY
Homeowners Insurance
Automobile Insurance
Life Insurance
Accident Insurance
Health Insurance
Other Insurance (Specify):
Payments
Fuel $23.08 $100.00 $1,200.00
Maintenance And Repair $11.54 $50.00 $600.00
License And Registration $0.92 $4.00 $48.00
Doctor $69.23 $300.00 $3,600.00
Optical
Dental $2.50 $10.83 $129.96
Orthodontic
Hospital
Medicine $10.38 $45.00 $540.00
Special Needs(Specify):
Private/Parochial School
College/Vocational
Books/Fees And Supplies
- 5 -
DESCRIPTION WEEKLY MONTHLY YEARLY
Clothing $34.62 $150.00 $1,800.00
Food and Other Grocery Items $100.00 $433.33 $5,199.96
Barber And Hair Dresser $5.77 $25.00 $300.00
Memberships
Member 1st Key $18.46 $80.00 $960.00
ATT Univ $20.31 $88.00 $1,056.00
Fleet $5 .'77 $25.00 $300.00
Chase $5.77 $25.00 $300.00
First Card $5.77 $25.00 $300.00
Peoples Bank $17.77 $77.00 $924.00
Household Help
Child Care
Newspapers/Magazines/Books $2.31 $10.00 $120.00
Entertainment $34.62 $150.00 $1,800.00
Pay TV $7.85 $34.00 $408.00
Vacations $23.08 $100.00 $1,200.00
Gifts $17.31 $75.00 $900.00
Legal Fees $86.54 $375.00 $4,500.00
Charitable Contributions
Other Child Support $0.00 $0.00 $0.00
Spousal Support or Alimony $0.00 $0.00 $0.00
TOTAL EXPENSES $727.69 $3,153.32 $37,839.84
- 6 -
PART III. PROPERTY OWNED
TYPE DESCRIPTION VALUE H W JT
Checking Members 1st 500.00 X
Savings Members Ist 25.00 X
Credit Union
Retirement Plans Sudder IRA 36,000.00 x
Retirement Plans PHICO Pension 35,825.00 X
Real Estate 35 Chainsaw Rd 125,000.00 X
Real Estate 6 Sycamore Dr 20,000.00 X
TOTAL 217,350.00 ~ /~ ~
PART IV. INSURANCE
TYPE COMPANY POLICY NO. H W C
Hospital CIGNA Acc't. 3182412 X
Medical CIGNA ID 20950973701 X
Health Accident
Disability Income
Dental
Vision
Other-Specify
*H=Husband; W=Wife; J=Joint; C=Child
- 7
(a)
(b)
PART V. SUPPLEMENTAL INCOME STATEMENT
Id'] CHECK HERE IF NOT APPLICABLE
This form is to be filled out by a person:
(1) Who operates a business or practices a profession, or
(2) Who is a member of a partnership or joint venture, or
(3) Who is a shareholder in and is salaried by a closed
corporation or similar entity.
Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession,
corporation or similar entity (check block to indicate the document is attached):
(1) The most recent Federal Income Tax Return. [ ] attached
(2) The most recent Profit and Loss Statement. [ ] attached
(c)
Name of Business:
Business Address:
Business Telephone:
(d)
(e)
Nature of Business (check one)
[ ] 1. Sole Proprietorship
[ ] 2. Parmership
[ ] 3. Joint Venture
[ ] 4. Professional
[ ] 5. Corporation
[ ] 6. Other
Name of accountant, controller or other person in
charge of £mancial records:
Business Income:
2.
3.
4.
5.
Annual income from business:
How often is income received:
Gross income per pay period
Net income per pay period
Specify deductions, if any:
TEK
system
Tl~ systems
7437 RACK ROAD
HMIOVEIL MD 21O76
MARGARET M BORDNER SSN: 209-50-9737 NUMBER:
351 B BETHEL CHURCH ROAD EXEMPTIONS: FED: STATE:
NE'W CUMBERLAND, PA 17070 T.~,X ADJ: FED: STATE:
209509737
ADVICE NUMBER: 637335
CI-IECK DATE: 12/05/02
PERIOD ENDING: 11/30]02
PERIOD: W~EKLY
PAY GROUP: 109 TEK.-010-05
TAX STATUS: $INGI.~
BASE RATE: 24.23
CURRItNT Y-T-D
DI~iCR1PTION HOURS EARNINGS HOURS FARNING$ DESCRIPTION
REG HOURLY 31.00 751.13 q367.00 33035.97 FED WlTHHOLDNG
OVT 15.50 563.43 FED FICA - HHI
FED OASDI/DIS
PA WITHHOLDNG
HARRISBURG
CURRENT
Y-T-D
AMOUNT AMOUNT
109.78 5721.32
10.72 ~Sq .78
45.84 2060.01
20.70 930.33
7.39 342.25
TOTALH~ 31.00 751.13 1382.50 33599.40 TOTALTAXES
194.43 9535.69
401K 30.05 487.27 LTD 65 DBL
HEDP DBL 102.92 LTD AGE 65 8.28
HEDP 11.76 270.~8 CTR LIFE 2.6~
EM LIFE DB
25.02
190.~
55.~
24.63
S #211495000
503.97
TOTALPRE-TAX 41.81 860.67
TuYALTRXABLEWAGES 709.32 32738.7~ TOTALDEO 10.92 295.53
c~NT 751.13 41.81 709.32 194.43 10.92
Y-T-D 33599.40 860.67 32738.7'3 9535.69 295.53
ADVICE AMOUNT
503.97 TOTiLCUR~NT
22907.51 NETPAY
503.97
$503.97
TEK
system
74~7 RACE ROAD
HANOVER, MD 2107~,
BankofAmedca
10 Light street
Baltimore, MD21202
PAY Five Hundred-Three and 97/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
7-163
520
DATE: 12/05/02
637335
$#######503.97
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
system
7437 RACE iLO.U)
H/LR*O*~E~, MD 21076
MARGARBT M BORDN~R SSN: 209-50-9737 NUMBER:
351 B B~"H~L CHURCH ROAD ]~]~vI'lONS: [~BD: STATE:
NEW CUMBERLAND, PA 17070 TAXADJ: NED: STATE:
209509737
ADVICE NUMBER: 634328
CHECK DATE: 11/27/02
PERIOD ENDING: 11/23/02
PERIOD: WEEIO,Y
PAY GROUP: 109 TEK-010-05
TAX STATUS: SINGLE
BASE RATE: 24.23
CURRENT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS NARNINGS
RiG HOURLY 38.00 920.74 1336.00 3PP8~.86
OVT 15.50 563.43
DESCRIPTION AMOUNT AMOUNT
FED WITHHOLDNG 153.74 5611.54
FED FICA - MHI 13.,18 471.06
FED 0ASDI/DIS 56.36 2014.17
PA WITHHOLDNG 25.45 909.63
HARRISBURG 9.09 334.86
TOTALH/E ~.00 920.74 1351.50 32848.27 TOT~.TAXES 257.82 93{;1.26
401K 36.~ 457.22 LTD 65 DBL 25.~ S ~211495~ ~3.~
MEDP DBL 102.92 LTD AGE 65 8.28 I~.16
NEDP 11.76 258.~ CTR LIFE
EN LZFE DB
TOTAL PRE-TAX ~.59 818.86
TC)TAL TAXARLI/WAGES 872.15 32__~.41 TOTAL DED 10.92
CLUU~NT 920.74 ~8.59 872.15 257.82
Y-T-D 32848.27 818.86 32029.41 9341.26
ADVICE AMOUNT 603.41
28~.61
10.92 603.41 TOTAL CURRENT
284.61 22403.54 Ngr PAY $~. 41
TEK
system
7437 RACE ROAD
HANOVER. MD 21 O76
Bank of America
10 Light street
Baltimore, MD 21202
PAY Six Hundred-Three and 41/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BEFHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
7-163
DATE: 11/27/02
634328
$###"#""603.41
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
system
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
EXEMPTIONS:
TAXADJ:
7437 RAC~ ROAD
HANOVER, BiD 21076
5~: 209-50-'9737 NUMBER:
~D: STA'I~:
FED: STATE:
209509737
ADVICE NUMBER: 631330
CHECK DATE: 11/21/02
PERIOD ENDING: 11116/02
PERIOD: WEEKLY
PAY OROUP: 109 TEK-4)10-OS
TAX STATUS: SINGLE
BASE RATE: 24.23
CURRENT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS FARNINGS
REG HOURLY 40.00 969.20 1298.00 31364.10
OVT 15.50 563.43
CURRENT Y-T-D
DESCRIPTION AMOUNT AMOUNT
FED glTHHOLDNG 166.30 5457.80
FED FICA - MHI 13.89 457.88
FED OASOI/DIS 59.36 1957.81
PA glTHHOLDNG 26.81 884.18
HARRISBURG 9.57 325.77
TOTAL H/B ~.~ 969.20 1313.50 319;77.53 TOTAL TAXES 275.9'3 9083.44
[ -:'--:: -*.- ;~"' '"'"""' ~? ' u ......:~.,uf,~.,, ~----~ ~.~
401K 38.77 420.39 LTD 65 DBL 25.02 S #211495000 631.82
MEOP OBL 102.92 LTO AGE 65 8.28 173.88
MEDP 11.76 2~6.96 CTR LIFE 2.64 50.16
EM LIFE DB 24.63
TOTAL P RE-T.~X 50.53 770.27
TOTAL TAXABLE WAGES 918.67 31157.26 TOTAL DED 10.92 273.69
ADVICE AMOUNT 631.82
CURRENT 969.20 50.53 918.67 275.93 10.92 631.82 TOTALC~NT
Y-T-D 31927.53 770.27 31157.26 9083.44 27~.69 21800.13 NETPAY $631.82
TEK of America 7-163
10 Light street 520
Baltimore, MD 21202
syst e rn DATE: 11/21/02
7437 RACE ROAD
HANOVER, MD 210?E
PAY Six Hundred Thirty-One and 82/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc:3307190/00010
631330
$*#*""#"631.82
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
T EK
systemr
TEll syst~'m'
7437 RAC~ ~OAD
HAIlO~EE. MD 2107&
MARGARET M BORDNER SSN: 209-50-9737 NUMBER:
351 B BETHEL CHURCH ROAD EXEMPTIONS: FED: STATE:
NEW CUMBERLAND, PA 17070 TAXADJ: FED: STATE:
209509737
AD*~qCE NUMBER: 628374
CHECK DATE: 11114/02
PERIOD ENDING: 11/09/02
PERIOD: 'WEEI0.Y
PAY GROUP: 109 TEK*-010-05
TAX STATUS: SINGLE
BASE RATE: 24.23
CURRENT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS EARNINGS DESCRIPTION
REG HOURLY 40.00 969.20 1258.00 30394.90 FED glTHHOLDNG
OVT 3.00 109.05 15.50 561.43 FED FICA - MHI
FED OASDI/DIS
PA WITHHOLDNG
HARRISBURG
CURRENT
Y-T-D
AMOUNT, AMOUNT
194.57 5291.50
15.46 4A5.99
66.12 1898.45
29.86 857.37
10,66 316.20
TOTAL ~ 43.00 1078.25 1273.50 30968.33 TOTAL TRX~8
316.67 8807.51
401K 43.13 381.62 LTD 65 DBL
MEDP DBL 102.92 LTD AGE 65 8.28
MEDP 11.76 235.20 CTR LIFE 2.64
EM LIFE DB
25.02
165.60
47.52
24.63
S #211495000
695.77
TOTAL PRB-TAX 54.89 719.74
TOTAL T~aOmLE WAGES 1023.36 30238.59 TOTAL OEO 10.92
ADVICE AMOUNT
262.77
695.77
CL~,~NT 1078.25 54.89 1023.36 316.67 10.92
Y-T-D 30958.33 719.74 30?_38.59 8807.51 262.77
695.77 TOTAL CURR~NT
21168.31 NET PAY
$695.77
TEK
systemr
7437 RACE ROAD
HANOVER, MD 2
Bank of America 7-163
10 Light street ' 520
Baltimore, MD 21202
DATE: 11/14/02
628374
PAY Six Hundred Ninety-Five and 77/100 Dollars
TO THE OROER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
Dept/Loc: 3307 190/00010
TEK
system
MARGARET M BORDNER SSN:
351 B BETHEL CHURCH ROAD ]~MPTIONS: FED:
NEW CUMBERLAND, PA 17070 TAXADJ: FED:
TI~ s~tem~
7437 RA.C~ ROAD
HANO~I~. lid 21O76
209-50-9737
NLTMDER:
STATE:
STATE:
209509737
ADVICE NUMBER: 625409
CHECK DATE: 11/07/02
PERIOD RNDING: 11/02/02
PERIOD: W~EIiLY
PAY OROUP: 109 TEK-010-05
TAX STATUS: SINGLE
BASE RATE: 24.23
CURI~NT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS FARNINGS DESCRIPTION
REG HOURLY 40.00 969.20 1218.00 29425.70 FED WITHHOLDNG
OVT 3.50 127.23 12.50 454.38 FED FICA - HHI
FEO OASDI/DIS
PA WITHHOLDNG
HARRISBURG
CURRENT
Y-T-D
AMOUNT AMOUNT
199.28 5096.93
15.73 428.53
67.25 1832.33
30.37 827.51
10. &$ 305.54
TOTAL ~ 43.50 q 096.4.3 1230.50 29880.08 TOTAL TAXE~
323.48 84~.84
401K 43.86 338.49 LTD 65 DBL
NEDP DBL 102.92 LTD AGE 65 8.28
HEDP 11.76 PP3.A4 CTR LIFE 2.64
EH LIFE DB
25.~
157.32
~.~
24.~
S #211495000
706.41
TOTAL PR~-T~'{ 55. (~2 664.85
TOTAL T~ WA0~ 1040.81 29215.23 TOT~ DgD I 0. ~
].:~,~:?:;:.,~,.:,' :::~.:-. o~:'::~ ~./:.. ~..;~.:, P~:~:...: ~.-~:::~' T~'~W~;'::'~:'/:~'~:' ::?'- f~:~':~:~:.
cu~ 1~.43 55.62 1~0.81 323.~
Y-T-D 29~0.08 ~. 85 29215.23 ~. ~
ADVICE AMOUNT
251.85
251.85 20472.54 NET PAY
706~ 41
S706.41
TEK
systems'
7437 RACE ROAD
HANOVER, MD 21070
Bank of America
10 Light street
Baltimore, MD 21202
PAY Seven Hundred-Six and 41/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
7-163
520
DATE: 11/07/02
6254O9
$#"#####706.4!
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TSK
system
MARGARET M BORDNER
351 B BKrHEL CHURCH ROAD
NEW CUMBERIAND, PA 17070
I~EMPTIONS:
TAXADJ:
74~7 RA~ ROAD
HANO~ lid ~107&
SS~: 209-50-9737 NUMBER:
FBD: STATE:
~ED: STATE:
209509737
ADVICE NUMBER: 622447
CHECK DATE: 10/31/02
PERIOD ENDING: 10/26/02
PERIOD: WEBI~,Y
PAY GROUP: 109 TEK-010-05
TAX STATUS: SINGLE
BASB RATE: 24.23
CURRBNT Y-T-D
DESCRIPTION HOUI~ FARNINGS HOURS EARNINGS
REG HOURLY 40.00 969.20 1178.00 28456.50
OVT 9. O0 327.15
Cu~NT Y-T-D
DESCRIPTION AMOUNT AMOUNT
FED WITHHOLDNG 166.30 4897.65
FED FiCA - HHI 13.88 /.12.80
FED OASDI/DiS 59.36 1765.08
PA gZTHHOLDNG 26.81 797.1/,
HARRISBURG 9.57 29~. 69
TOTAL HYE 40.00 969.20 1187.08 28783.65 TOTAL TAXBS 275.92 8167.36
401K 38.77 294.63 LTD 65 DBL 25.02 S #211495000 631.8~
HEDP DBL 102.92 LTO AGE 65 8.28 149.04
HEDP 11.76 211.68 CTR LIFE 2.64. 42.24
EH LIFE DB 2/*.63
TOTAL PRE-TAX 50.53
TOTAL TAXABLE WAGES 918.67
cuRE~NT 969.20 50.53
Y- T- O 2878~. 65 609.23
918.67 275.92 10.92 631.83 TOT~ CUm~NT
28174.42 8167.36 _240.93 19766.13 NET PAY $631.83
TEK
system
743? RACE ROAD
HANOVER, MD 210715
Bank of America
l0 Light street
Baltimore, MD 21202
PAY Six Hundred Thirty-One and 83/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
DePt/Loc: 3307190/00010
7-163
520
DATE: 10/31/02
622447
$###**"#631.83
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
systemr
MARQARET M BoRDNER
351 B BETHEL Ch~u~CH ~OAD
N~W CUMBERLAND, PA 17070
IiXEMPTIONS:
TAX Al)J:
TEX
7437 ~lkC~ ROAD
HAIIOVI~.liD ~107&
~SN: 209-50-9737 NUMBER:
F~D: STATE:
F~D: STATE:
209509737
Al)VICE NUMBER: 619536
CHECK DATE: 10/24/02
PERIOD ENDING: 10/19/02
PERIOD: WEEKLY
PAY GROUP: 109 TEK--010-05
TAX STATUS: SINGLE
BASE PATE: 24.23
CURRENT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS EARNINGS
REG HOURLY 36.00 872.28 1138.00 27487.30
OVT 9. O0 327.15
CUKI~ Y-T-D
DESCRIPTION AMOUNT AMOUNT
111.18 4731.35
12.48 398.92
53.35 1705.72
24.09 770.33
8.61 285.12
FED WITHHOLDNG
FED FICA - MHI
FED OASDI/DIS
PA WITHHOLDNG
HARRISBURG
TOTALH/E 36.00 872.28 1147.00 27814.45 TOTALTAX~S 239.71 7891.~
401K 34.89 255.86 LTD 65 DBL 25.02 S #211495000 575.00
MEDP DBL 10~.92 LTD AGE 65 8.28 140.76
MEDP 11.76 199.92 CTR LIFE 2.6~ 39.60
EN LIFE DB 26.63
TOTAL PRE-TAX 46.65 558.70 ADVICE AMOUNT
TOTAL TAX*RI.R WA~-~ 825.63 27255.75 TOTAL DBD q O. 9~ 230.01
[ ?: ~_rrix~..~,~,.::::?: ,r~.WAGeSi~;~f?~...: .~~' t:ets.~,~:.~.:.:'.;~:~.,~'~'..~.aSSO~a,~!:.~
575.00
cum~NT 872.28 46.65 825.63 239.71
Y-T-D 27814.45 558.70 27255.75 7891.~z~
10.92 575.00 TOTALCURRENT
230.01 19134.30 NETPAY
S575.00
TEK
systemr
Bank of America
10 Light street
Baltimore, MD 21202
7,4~7 RACE ROAD
HANOVER, MD 2107E
PAY Five Hundred Seventy-Five and 00/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
7-163
520
DATE: 10/24/02
619536
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
system
7437 RAC~ ROA])
HAROTE~ MD 2107&
MARGARET M BORDNER SSN: 209-50-9737 NUMBER:
351 B BETHEL CHURCH ROAD I~O~MPTIONS: FED: STATE:
' CUMBERLAND, PA 17070 TAXADJ: FED: STATE:
209509737
ADVICE NUMBER: 616622
CHECK DATE: 10/17/02
PERIOD ENDING: 10/12/02
PERIOD: WEEIR,Y
PAY GROUP: 109 TEK=010--05
TAX STATUS: SINGLE
BASE RATE: 24.23
CURRENT
CURRENT Y-T-D
DESCRIPTION HOURS FARNINGS HOb'NS NARNINGS DESCRIPTION
REG HOURLY 26.50 6/+2.10 1102.(X) 2~15.02 FED WITtlHOLDNG
OVT 9.0(} ~27.15 FED FICA - MH!
FED OASDI/OIS
PA WITHHOLDNG
HARRISBURG
Y-T-D
AMOUNT
81.52 &5~3.17
9.14 3~5.44
39.08 1652.37
17.65 7~6.24
6.30 276.51
TOT~L~ 26.50 6~2.10 1111.00 269~.17 TOTALTAX~S
153.69 7651.73
401K 25.68 ?_?.0.97 LTD 65 DBL
MEDP DBL 102.~ LTD AGE 65 8.28
MEDP 11.76 1~.16 CTR LIFE 2.64
EM LIFE OB
25.02
132.48
36.96
24.63
S #211495000
4~0.05
TOT~P~-TAX 37.44 512.05
10.92 219,09
cuRR~rr 642.10 37.~z~ ~34.~ 153,69 10.92
Y-T-D 269~,2.17 512.05 26430.12 7651.~ 219.~
ADVICE AMOUNT
/~0.05 TOTAL CURRENT
18559.30 NETPAY
440.05
$z~,0.05
TEK
system
74~? RACE ROAD
HANOVER, MD 21076
Bank of America
l0 Light street
Baltimore, MI) 21202
PAY Four Hundred Forty and 05/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
7-163
520
616622
DATE: 10/17/02
THIS IS NOT A CHECK
I ADWCEONLY
I NON-NEGOTIABLE
TEK
system
MAROAR/~ M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
EXEMPTIONS:
TAX AD J:
~N: 209-5~37 NUMBER:
nD: STATE:
nD: STATE:
209509737
ADVICE NUMBER: 613706
CHECK DATE: 10/10/02
PER/OD ENDING: 10/05/02
PERIOD: WEEKLY
PAY GROUP: 109 TEK-010-05
TAX STATUS: SINGLE
BASE RATE: 24.2~
CUP, RENT Y-T-D
DESCR/PTION HOURS EARNINGS HOURS EARNINGS
REG HOURLY 36.00 872.28 1075.50 25972.92
OVT 9.00 327.15
CUKI~NT Y-T-D
DRSCR/PTION AMOUNT AMOUNT
FED WITHHOLDNG 141.18 4508.65
FED FICA - MHI 12.~8 3~.~0
FED OASDI/DIS 53.36 1613.29
PA WITHHOLDNG 24.09 728.59
HARRISBURG 8.61 270.21
TOT. ALH/E 36.00 872.28 1084.50 26300.07 TOTALTAXI~ 239.72 7498.04
401K 34.89 195.29 LTD 65 DBL 25.02 S #211495000 574.99
HEDP DBL 102.92 LTO AGE 65 8.28 124.20
MEDP 11.76 176.40 CTR LIFE 2.64 34.32
EM LIFE DB 24.6~
TOTAl. PRE-TAX 46.65 474.61 ADVICE AMOUNT 574.99
TOTAL TAXAmA WAGRS 825.63 25825.46 TOTAL DED 10.92 208.17
cUR~NT 872.28 46.65 825.63 239.72 10.92 574.99 TOTALCURRENT
Y-T-D 26300.07 474.61 25825.46 7498.04 208.17 18119.25 N~TPAY $574.99
TEK
system
7437 RACE ROAD
HANOVER, MD 21076
Bank of America
10 Light street
Baltimore, MD 21202
7-163
520
DATE:
613706
10/10/02 $#"###"#574.99
PAY Five Hundred Seventy-Four and 99/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERI_,iJ~, PA 17070
THIS IS NOT A CHECK
ADVICE ONLY
NON- TIABLE
Dept/Loc:3307190/00010
TEK
systemr
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW cUMBERLAND, PA 17070
EXEMPTIONS:
TAXADJ:
6~0 GATEWAY DBIVE
COLUMm~L MD 1104~
SSN: 209-5~9737 N-dMB~:
mD: STATE:
mD: STAT~:
209509737
ADVICE iTUMBER: 610816
CHECK DATE: 10/03/02
PERIOD ENDING: 09/28/02
PERIOD: WEEi'(LY
PAY GROUP: 109 TRK-010-05
TAX STATUS: SINGLE
BASE RATE: 24.23
CURRENT Y-T-D
DESC~PTION HOURS EARNINGS HOURS FARNINGS
REG HOURLY 40.00 969.20 1039.50 25100.64
OVT 5.00 181.75 9.00 327.15
CD-KP~h-F Y-T-D
DESC~PTION AMOUNT AMOUNT
FED gITHHOLDNG 213.41 4567.~7
FED FICA - NHI 16.51 364.82
FED OASDI/DIS 70.63 1559.93
PA WlTHHOLONG 31.90 702/.50
HARRISBURG 11,.39 261.60
TOTAL H/E 45. iX) 1150.95 1048.50 25427.79 TOTAL TAX~S 343.8~ 7258.32
~O1K 46.04 160.40 LTD 65 DBL 25.02 S #211495000 738.39
NEDP DBL 102.92 LTD AGE 65 8.28 115.92
MEDP 11.76 164.64 CTR LIFE 2.64 31.68
EM LIFE DB 2,4.63
TOTALpRE:r~x 57.80 427.96 ADVICE AMOUNT 738.39
TOTALT^X*RLEWAOES 1093.15 24999.85 TOTALDBD 10.92 197.25
cuP.~rr 1150.95 57.80 1093.15 343.86 10.92 738.39 TOTALCLTI~NT
Y-T-D 25427.79 427.96 24999.83 7258.32 197.25 175~.26 NETPAY : $738.39
T- K BankofAmerica 7-i63
10Light street -i~
Baltimore, MD21202
systemr
oggo GATEWAY DRIVE
COLUMBIA, MD 2104R
DATE:
610816
10/03/02 $###~##738.39
PAY Seven Hundred Thirty-Eight and 39/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
Dept/Loc: 3307190/00010
TEK
system
MARGARET M BORDNER EXE- ---IONS:MI~r
FED:
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070 TAX AD J: FED:
eJ~O GATINAY I~
COLIII~ MD 21046
209-50-9737 NUMBER: 209509737
STATE:
STATE:
ADVICE NUMBER: 607955
CI-fl~CK DATE: 09/26/02
PERIOD ENDING: 09/21/02
PERIOD: WEEIO.Y
PAYGROUP: 109 TEK-010-05
TAX STATUS: $INGI.R
BASE PAT8:24.23
CURREiTr Y-T-D
DESCRIPTION HOURS EARNINGS HOURS EARNINGS
REG HOURLY 40.00 969.20 999.50 24131.~
OVT 4.00 145 .~) 4.00 145.40
CURRI~T Y-T-D
DESCRIPTION AMOUNT AMOUNT
FED WITHHOLDNG 203.99 4154.06
FED FICA - NHI 16.00 348.31
FED OASDI/DIS 68.37 1/89.30
PA WITHHOLDNG 30.88 672.60
HARRISBURG 11.03 250.21
TOTALH~ 4A.00 1114.60 1003.50 24276.8~ TOTALTA]fl~S 330.27 6914./8
401K 4~.58 114.36 LT0 65 DEL 25.02 S #211195000 717.07
MEOP 0BL 1C~.92 LT0 AGE 65 8.28 107.64
MEDP 11.76 152.88 CTR LIFE 2.64 29.04
EM LIFE DB 24.63
TOTAL PRE-TAX 56.34 370.16
TOTAL TAXABLE WAGES 1058.26 23906.68 TOTAL DIeD 10.92 186.33
ADVICE AMOUNT 717.07
CURRENT 1114.60 56.34 1058.26 330.27 10.92 717.07 TOTAl. CURRENT
Y-T-D 2~276.84 370.16 23906.68 6914./8 186.33 16805.87 ~LrrP,¥ S717.07
Bank of America 7-163
10 Light street ~
Baltimore, MD 21202
system s DATE: 09/26/02
8990 GATEWAY DRIVE
COLUMBIA. MD 210am
PAY Seven Hundred Seventeen and 07/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc:3307190/O0010
607955
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
system
GATEWAY DRIVE
COLU~BL&. ~D 21O46
MAROARET M BORDIfER SSN: 209-50-9737 NUMBER:
351 B BETHEL CHURCH ROAD EXEMIYrlONS: FED: STATE:
NEW CUMBERLAND, PA 17070 TAXADJ: FED: STATE:
209509737
ADVICE NUMBER: 605093
CHBCK DATE: 09119/02
PERIOD ENDING: 09114/02
PERIOD: WEBKLY
PAY GROUP: 109 TBK.-OIO-05
TAX STATUS: SINGLE
BASE I~TE: 24.23
CURRENT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS EARNINGS DESCRIPTION
REG HOURLY 40.00 969.20 959.50 23162.24 FED WITHHOLDNG
FED FICA -
FEO OASDI/DIS
PA gITHHOLDNG
HARRISBURG
CURR~rT
Y-T-D
AMOUNT AMOUNT
166.30 3950.07
13.88 332.31
59.36 1420.93
26.81 6/1.72
9.57 239.18
TOT~LH/E 40.00 969.20 959.50 23162.24 TOTALT]~(~S
275.92 658~.21
/~71K 38.7i' 69.78 LTD 65 DBL
MEDP DBL 102.92 LTD AGE 65 8.28
HEDP 11.76 141.12 CTR LIFE 2.64
EM LIFE DB
25.02
99.36
26.40
24.63
S #211495000
631.83
TOTAL?RE-TAX 50.53 313.82
TOTRLTAXAm~WAOES 918.67 228~d~.42 ~TALDED 10.92
175.41
ADVICE AMOUNT
CURRE~rr 969.20 50.53 918.67 275.92 10.92
Y-T-D 23162.24 313.82 228(43.42 6584.21 175.41
631.83 TOTAL CURRENT
16088.80 NET PAY
$631.83
TEK
system
0990 GAT~AY DRIVE
COLUMBIA, MD 210,4~
Bank of America
10 Light street
Baltimore, MD 21202
PAY Six Hundred Thirty-One and 83/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/000 10
7-163
520
DATE: 09/19/02
605093
$##"##""631.83
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
system
MARGARET M BORDNER
351 B BETHEL CHURCH RORD
N~%rg CLIM~.JuND, PA 17070
ExEMPTIoNs:
TAXADJ:
COLUmm~. ~D 21O46
~N: 2~9737 NUMBER:
~D: STATE:
~D: STATE:
209509737
AD~[CE NUMBER: 602266
CHECK DATE: 09/12/02
PERIOD ENDING: 09/07/02
PERIOD: WEEKLY
PAY GROLTP: 109 TEK-010"05
TAX STATUS: SINGLE
BASE RAT~: 24.23
CURR~NT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS K~,NINOS
REG HOURLY 32.00 7'/'5.36 919.50 22193. O~
CURRENT Y=T-D
DESCRIPTION AMOUNT AMOUNT
FED gITHHOLDNG 116.06 378~.77
FED FICA - MHI 11.07 318.43
FED OASDI/DIS 47.35 1361.57
PA gITHHOLDNG 21.38 614.91
HARRISBURG 7., 6~ 229.61
TOT, q, ~ 32. O0 775.36 919.50 2~193.0~. TOTAL TAXES 203.50 6308.29
i::---::-i~:.;: ."::':':'!': ':;:i~'i?¥i. :' !i:~:'' plIR~ ~T?~.-~.~.~;,. iii,:: :i :...~.."~: ::: .;~i:: :'.',,;~: .:~!::: L:~:~*'::~:'":'.'
~01K 31.01 31.01 LTD 65 DBL 25.02 S ~211~95~ 515.~
MEDP DBL 102.92 LTD AGE 65 8.28 ~.~
NEDP 11.76 129.~ CTR LIFE 2.~ 2~.76
EM LIFE OB 2.71 2~.63
TOTAL PRE-TAX 42.7T 263.29 ADVICE AMOUNT
TOTAL TAXABL~ WAGBS ~. 59 21929.75 TOT~ D~ 13.63 1~. 49
c~ ~5.36 ~.~ ~2.59 203.50 13.63 5~5.~ TOT~ C~
Y-T-D ~193.04 26~. 29 21929.75 63~. 29 1~. 49 15~56.97 N~ PAY
515.46
$515.~6
TEK
system
egg0 GAT~A¥ DRIVE
COLUMBIA. MO 2104&
Bank of America
10 Light street
Bakimore. MD 21202
PAY Five Hundred Fifteen and 46/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
?-163
520
DAT~: 09/12/02
602266
$##"####515.46
TI-HS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
TEK
system
4NM GATEWAY DRIVE
COLUMBLq. MD 21O46
MARGARET M BORDNER SSN: 209-50=9737 NUMBER:
351 B BETHEL CHURCH ROAD EXEMPTIONS: FEI): b-'rATE:
NEW CUMBERLAND. PA 17070 TAXADJ: FED: STATE:
209509737
ADVICE N~M]3gR: 599421
CHECK DATE: 09/05/02
PERIOD E1~DINO: 08/31/02
PERIOD: WEEKLY
PAY GROUP: 109 TEK-010-05
TAX STATUS: SINGLE
BASE RATE: 24.23
C~ Y-T-D
DESCRIPTION HOURS EARNINGS HOURS EARNINGS DESC~PTION
REG HOURLY 18.00 436.14 887.50 21417.68 FEO WITHHOLONG
FEO FICA - MHI
FEO OASOI/OIS
PA WITHHOLONG
HARRISBURG
CURP~NT
Y-T-D
AMOUIfr AMOUNT
50.34 3667.71
6.15 307.36
26.31 1314.22
11.88 593.53
4.24 221.97
TOTAL H/E 18.00 436.14 887.50 21417.68 TOTAL TAXES
98.92 6104.79
NEDP DBL 102.92 LTD 65 DBL
flEDP 11.76 117.60 LTD AGE 65 8.28
CTR LIFE 2.6~
EM LIFE DB 2.76
25.02
82.80
21.12
21.92
S #211495000
311.80
TOTAL PRB-TAX 11.76 220.52
TOTAL TAX*RLR WAa~ 424.38 21197.16 TOTAL DED 13.66
cuP, P.~wr 436.14 11.76 424.38 ~8.92
Y-T- D 21417.68 220.52 21197.16 6104.79
ADVZCE AMOUNT
150.86
13.66
150.86
311.80 TOTAL CURRENT
14941.51 NET PAY
311.80
$311.80
TSK
system
6990 GATEWAY {)RIVE
COLUMBIA, MD 210~
Bank of America
10 Light street
Baltimore, MD 21202
PAY Three Hundred Eleven and 80/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc:3307190/00010
7-163
520
DATE:
599421
09/05/02 $#*#####311.80
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEC TIABLE
TEK
system
Tla~ ~z~tem~
GATEWAy Dlt/l~
MARGAI?~Tf M BORDNER SSN: 209-S0-9757 NUMBER:
351 B B~T}-IEL CHURCH ROAD EX]~MPTIONS: FED: STATI~:
NEW CUMBERI~AND, PA 17070 TAXADJ: FED: STATE:
209509737
ADYICE NUM~BR: 596570
CHECK DATE: 08/29/02
PERIOD ENDING: 08/24/02
PERIOD: WEEKLY
PAY GROUP: 109 TEK=010-05
TAX STATUS: SINGLE
BASI~ RATE: 24.23
r:: ........... ~ r -. CUIG'ii/WI' Y-T-D
C~ Y-T-D
DESCRIPTION HOURS I~q~IINGS HOURS IiARNINGS DESCRIPTION AMOUNT AMOUNT
REG HOURLY 39.00 944.97 869.50 20981.54 FEI) WITHHOLONG 170.23 3617.37
FED FICA - HHI 13.54 301.21
FED OASDI/DIS 57.86 1287.91
PA WITHHOLDNG 26.13 581.65
HARRISBURG 9.33 217.73
TOTAL ~ 39.00 944.97 869.50 20981.54 TOTAL TAXES 277.09 6005.
· -
......... ~ ! ii::::, ...: ::'::: :'::::::::.~:...>:,'~. ~'~:~: ':~:?~:~':~:::~-~;~ i:~i'~a ~i ~'ai: ::::: :: ::: ::
MEDP DBL 102.92 LTD 65 DBL 25.02 S #P11495000 642.~6
MEDP 11.76 105.84 LTD AGE 65
CTR LIFE 2.64 18.48
EM LIFE DB 2.74 19.18
TOTAL PRE-TAX 11.76 208.76 ADVICE AMOUNT
TOTAL TAXARI R WAP.~ 9~3.21 20772.78 TOTAL DED 13.66 137.20
CURRENT 944.97 11.76 933.21 277.09
Y-T- D 20981.54 208.76 20772.78 6005.87
13.66 642.46 TOTAL CURR~NT
137.20 1/,629.71 NET PAY
642.46
TEK Bank of America 7-163
10 Light street ~
Baltimore, MD 21202
system
~ggo GATEWAY DRIVE
CO LUMBIR. MO 21046
DATE: 08/29/02
596570
$*#####*642.46
PAY Six Hundred Forty-Two and 46/100 Dollars
TO THE ORDER OF
MARGAREt M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUWfBERLAND, PA 17070
Dept/Loc: 3307190/00010
THIS IS NOT A CHECK
ADVICE ONLY
NoN-NEGOTIAB!
TEK
system
6~0 GATEWAY O~Tg
COLUmm~. ~D 21O46
MARGARE~ M BORDNBR SSN: 209--50--9737 NUMBER:
351 B BEI~'-I~L CHURCH ROAD EXEMPTIONS: ~I~D: STA'I~:
NEW CUM~]~R[AI~, PA 17070 TAXADJ: l~D: STA'I~:
209509737
ADVICE NUMBER: 585266
CHBCK DAT~: 08/01/02
PERIOD ~IDINO: 07/27/02
PE~OD: ~Y
PAY G~: 1~ ~1~5
T~ ~A~S: SING~
~ ~: 24~
CURRENT Y-T-D
CURRENT Y-T-D
DESCRIPTION HOURS EARNINGS HOURS EARNINGS DESCRIPTION AMOUNT AMOUNT
REG HOURLY 8.00 193.8~ 710.50 17128.97 FED glTHHOLDNG 11.79 2924.78
FED FICA - NHI 2.~ 2~6.45
FED OASDI/DIS 10.37 1053.79
PA I~ITHHOLONG 4.69 475.91
HARRISBURG 1.67 179.97'
TOTAL HIE 8.00 193.84 710.50 17128.97 TOTALTAX~
30.95 ~80.90
MEDP DBL 14.70 73.50 LTD 65 DBL 25.02
NEDP 11.76 58.80 LTD AGE 65 8.28
CTR LIFE 2.6~ 7.92
EM LIFE DB 2.74 8.22
S #211495000
122.77
TOTAL PR~-TAX 26.~ 13~.30 ADVICE AMOUNT
TOTAL TAXA_RI *R WAGES 167.38 16996.67 TOTAL DED 13.66 82.56
......... ~,. ......................... . ....... ,~ ,~ ............ :?~,..¥ ~¥:::~:.~ :.:~:~::;~.:::~::~ ~i~i~,:W~ O~:~;i:ii~;~i:~i!i~iiiii!:;i::ii!~ ~::.~ ~?~ i~i;ii~i?:~ii!f:~~!ii:i:~;!i~!iii: ~ ~::/:~?: ~
~'~-~?~:~:~:~::~.~?::~:~':.~::~:~::'.'L... ~'~:~:::~:::~:¥~:::~':-.. ..: ....~'~'*":':'*. ' · ' ' ......................
cu~ q~.~ 26.~ 167.38 30.95 13.~ 122.~ T~ c~
Y-T-D 17128.~ 132.30 16~.67 ~.~ ~.56 12033.21 ~PAY
122.77
$122.77
TEK Bank of America 7-163
10 Light street ~
Baltimore, ]VID 21202
system
09;10 GATEWAY DRIVE
COLUMBIA, MD 21040
PAY One Hundred Twenty-Two and 77/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/L°c:3307190/00010
585266
DATE: 08/01/02
THIS IS NOT A CHECK
ADVICE ONLY
{NON-NEGOTIABLE
'TEK
system
I~RGAREI' M BORDI~R SSN:
351 B BEI*H~L CHURCH ROAD I~,t~r~TIONS: ~ED:
NKW' CUMB~RIAND, PA 17070 TAXADJ: l~D:
GATEWAY DRIV~
COLUMIIIL liD 21O46
209-50-9737 NUMBER: 209509737
STATE:
STATE:
AD'VI CE NUMBER: 582431
CHECK DATE: 07/25/02
PERIOD I~IDING: 07/20/02
PERIOD: WEEKLY
PAY GROUP: 109 TIrK.-010-05
TJ~X STATUS: SINGL~
5AS~ RATE: 24.23
CURI~NT Y-T-D
DESCRIPTION HOURS RARNINGS HOURS I~ilNGS
REG HOURLY 39.50 957.09 702.50 16935.13
CURRENT Y-T-D
D~CRIPTION AMOUN~ AMOUNT
FED WITHHOLDNG 169.53 29q2.99
FED FICA - MHI 13.49
FED OASDI/DIS 57.70 10~3. ~.
PA WITHHOLDNG 26.06 471,27.
HARRISBURG 9.31 178.30
TOTRL H/B 39.50 957.09 702.50 16935.13 TOTAL TAXES 276.09 48~9.95
........ :......,.~ ..... ... ::~ ..~........~ ::~....,~ ....... ..
[:~.~:.: ~ ~: ;: ~:~:~.~ ~ :~:~::,~:~:~: ~:.~ ~ ~ =- ..~::....,........:~,...,~ ....;.,.......-.,,.,:..=.?.~....
NEDP DBL 14.~ 58.~ LTD 65 DBL 25.02 S ~211495~ ~-~
NEDP 11.76 4~.~ LTD AGE 65 8.28 33.12
CTR LIFE 2.~ 5.28
EM LIFE OB 2.74
TOTAL PRE-TAX 26.66 105.8~ ADVICE AMOUNT
TOTAL TAXABL~ WAGES 950.~ 1~9.29 ~ DED 13. ~ ~. ~
~.. ......... ~: ~.::::.:~:.~,~.. :== ~.~.=..~:~:~-:.:,::~.~'"" ~'~:
:~...~:: ::.: ::: .~:.~:~.~.:::~:::~::~,,:~.:~.:.~:~:~ ?~ ~ ~::~:~p~;~:~?:~:?~- ~: ~: ~: ~m~:~:~ ~:::~: ~ :?:~?~;:?::::~ ~:.~T~:~: ~::~:':~:..~:~.,~: .~ ~-~.=;~:~.~:..~-.....~ ......... ]
c~ 957. ~ 26. ~ 930.63 276. ~ q 3. ~ ~. ~ T~ CU~
Y-T-D ~6935.q3 q05.~ q~9.29 ~9.95 ~.~ qq910.~
$640.
Bank of America 7-163
10 Light street s20
Baltimore, MD 21202
system O~T~: 07/25/02
6990 GATEWAY DRIVE
COLUMBIA, MD 2104~1
PAx Six Hundred Forty and 88/100 DOllars
TO THE ORDER OF
MARGARET M BORDNER
351 B BEI'HEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
582431
$#""###"640.88
lTl-liS IS NOT A CHECK
ADVICEONLY
NON-NEGOTIABLE
TEK
system
6~J0 GA~AY DBIVE
COLUMB~ nD 21O46
MAROARET M BORDNER SSN: 209-50-9737 NUMBER:
351 B BETHEL CHURCH ROAD EXEMIrFIONS: FED: STAT~:
NEW CUMBERLAND, PA 17070 TAXADJ: I~D: STATE:
209509737
AD'VICE NUMBER: 5740~9
CHECK DATE: 07/03/11~
PERIOD ENDING: 06/29/02
PERIOD: WEE!(I,Y
PAY GROUP: 109 TEK-010--05
TAX STATUS: SINGLE
BAS~ RATE: 24.23
C~ Y-T-D
DBSCRIPTION HOURS EARNINGS HOURS EARNINGS
REG HOURLY 40. ~ 969.20 599. O0 14427.32
D~SCRIPTION AMOUNT AMOUNT
FED WITHHOLDNG 172.80 2500.72
FED FICA - NHI 13.67 208.81
FED OASDI/DIS 58.45 892.85
PA WITHI~LDNG 26.40 403.22
HARRISBURG 9.~ 154.01
TOTAL H/~ 40.00 969.20 599.00 14427.32 TOTAL T~0~S 280.75 4159.61
:::::::::: ::::. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .[~: ::~::x.= =............ :-..' ..........
NEDP DBL 14.70 14.70 LTD 65 DBL 8.34 8.3& S ff211495~ ~5.37
~EDP 11.76 11.76 LTO AGE 65 8.~ 8.28
TOTAL PRJ~-T~LX 26.~ 26.~ ADVICE ~UNT 645.37
TOq'AL TAT~U3LS WAOSS 942.74 1~.~ T~ DED 16.~ 16.~
::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~.~':::::::~: :~;~:.?~:~:~:~*~::~ ~ ~ :~: ~-~=,~: W:~;:~:~:~; ~: ~ ?~ :~.~:~ ~ ~:.~ ~:~:~'~;~:~ ~]
c~ ~9.20 26. ~ 9~. 74 Z~. 75 16. ~ ~5.37 T~ C~
Y-T-O 1~7.3Z 26.~ 1~.~ 4159.61 16.~ 1022~.~ ~PAY $~5.37
'r-EK BauLk of ~ad~erica 7-163
10 Light street ~
Bakimore, MD 21202
system '
6990 GATE'Wf~Y DRfVE
COLUMBIA, MO 21046
PAY Six Hundred Forty-Five and 37/100 Dollars
TO THE ORDER OF
MARGARET M BORDNER
351 B BETHEL CHURCH ROAD
NEW CUMBERLAND, PA 17070
Dept/Loc: 3307190/00010
DAT~: 07/03/02
574089
THIS IS NOT A CHECK
ADVICE ONLY
NON-NEGOTIABLE
MARGARET BORDNER
6.7.02. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER,
Plaintiff
V.
KENNETH A. BORDNER,
Defendant
NO. 02 371 CIVIL TERM
CIVIL ACTION - I~AW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on January-22, 2002.
The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
and
subj
I verify that the statements made in this Affidavit are true
correct. I understand that false statements herein are made
ect to the penalties of 18 Pa.C.S. Section 4904 relating to
nsworn falsification to authorities.
~L~_RGARE T BORDNER
6.7.02. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER, :
Plaintiff : NO. 02 371 CIVIL TERM
:
V. : CIVIL ACTION - LAW
: IN DIVORCE
KENNETH A. BORDNER, :
Defendant :
WAIVER OF NOTICE OF INTENTION TO REOUEST
ElqTRY OF a DIVORCE DECREE UI~DER
SECTION ~3Ui(C) OF TaE DIVORCE CODE
1. I
notice.
2. I understand that I
division of property,
consent to the entry of a final decree in divorce without
may lose rights concerning alimony,
lawyer's fees or expenses if I do not
claim them before a divorce is granted.
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 Waiver are true and
correct. I understand that false statements herein~ are made
subject to the penalties of 18 Pa.C.S. Section 4904
unsworn falsification to authorities.
Dated:
relating to
MARGARET BORDNER,
Plaintiff
KENNETH A. BORDNER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02- 371 Civil Term
:
: CIVIL ACTION- LAW
IN DIVORCE
PRE-TRIAL STATEMENT OF DEFENDANT~ KENNETH A. BORDNER
AND NOW COMES the Defendant, Kenneth A, Bordner, by and through his
attorneys, Wix, Wenger & Weidner, and files this Pre-Trial Statement in accordance
with Pennsylvania Rule of Civil Procedure No. 1920.33(b).
I. BACKGROUND INFORMATION
PLAINTIFF:
1. Name:
2. Address:
3. Age:
4. Date of Birth:
5. Educational Background:
6. Health:
7. Occupation:
8. Employer:
Margaret Bordner
775 Old Silver Spring Road
Mechanicsburg, PA 17055
41
December 29, 1961
Bachelor's Degree in Business
Administration from
Shippensburg University in 1984
No health problems or issues have
been raised.
Business Analyst
TEK Systems
DEFENDANT:
Name:
Address:
Age:
Date of Birth:
Educational Background'.
Health:
Kenneth A. Bordner
35 Chainsaw Road
Dillsburg, PA 17019.
42
March 5, 1961
Associate Degree in Power
Technology from Williamson
Tech in 1982
No health problems or issues have
been raised.
7. Occupation: Pipe fitter
8. Employer: McClure Company
CHILDREN OF THIS MARRIAGE: None
MARRIAGE INFORMATION:
2.
3.
4.
5.
Date of Marriage: May 18, 1985
Place of Marriage: Mechanicsburg, Pennsylvania
Date of Separation: November 18, 2001
Date Action Commenced: January 22, 2002
Issues Raised: Divome, Equitable Distribution
I1. INCOME
Husband is employed as a pipe fitter by McClure Company at the rate
of $24.96 per hour or approximately $50,000.00 gross per year.
Wife is employed as a business analyst by TEK Systems at the rate of
$24.23 per hour or approximately $50,000.00 gross per year,
II1. ASSETS
A. Real Property:
The parties jointly own property at 35 Chainsaw Road, Dillsburg, PA,
which was the marital residence. The property was purchased under
Articles of Agreement dated June 25, 1986, which Articles of
Agreement were completed and a fee simple deed delivered on April 1,
1987. The parties built the marital residence on the property in 1989
and have agreed to value this property at $125,000.00. The property is
subject to a first mortgage lien in favor of the Bank of Halifax, which had
a balance of $56,129.73 as of February 13, 2002, with a current
balance of $46,949.00. The property is subject to a second mortgage
in favor of the Bank of Halifax with a balance as of February 13, 2002 of
$7,214.04. The funds from the second mortgage were used to
purchase the parties' interest in the Delaware beach property identified
below. The Plaintiff has made all mortgage payments, tax and
insurance payments, and for upkeep and maintenance of the said
property since the date of separation.
The parties are joint owners of real estate located in Shady Dell Park in
Bethany Beach, Delaware. The property is owned jointly with Donna L.
Bordner (an undivided one-half interest) and the parties as tenants by
the entirety (an undivided one-half interest). The property has a house
2
trailer that is not marital property. The property has defects relating to
the neighbor's septic system located on the property. The parties
agreed that the value of the property without the trailer is $15,000.00,
$7,500 of which is the marital portion.
Retirement Accounts:
1. The Plaintiff has the following retirement plans:
(a) PHICO Pension - Wife elected to take the pension in a lump sum
roll over into an IRA account with a value as of August 1,2002 of
$35,835.00. The current value is unknown.
(b) PHICO Salary Deferral Plan (401(k) Plan - The value of this plan as
of the date of separation was $42,702.21. The value as of June 30,
2002 was $38,409.86. The current value is unknown.
2. The Defendant has the following retirement plans:
(a) Plumbers & Pipefitters Local No. 520 Pension - This is a defined
benefit plan that is being valued by the Plaintiff. The Plan
commenced before the marriage and therefore has a non-marital
component and a marital component. The Plaintiff is obtaining a
value of the marital portion of this plan~
(b) Annuity Fund - This is a defined contribution plan that had a value
as of the date of separation of $62,899.48.
Vehicles:
The following vehicles are marital property.
1994 Ford Probe GT, which is in the possession of the Plaintiff and has
a fair market value, as determined by NADA (using 80% of retail value),
as of the date of separation of $3,580.00. There are no loans against
this vehicle.
1997 Chevrolet Pick-up Truck, which is in the possession of the
Defendant and has a fair market value, as determined by NADA (using
80% of retail value), as of the date of separation of $9020.00. This
vehicle was subject to a lien in favor of M&T Credit Corp. with a loan
balance as of June, 2002 of $15,926.48. The Defendant has made all
payments on this loan since the date of separation and has since paid
off the loan.
3
3. 1986 Dodge Ram truck, which is in the possession of the Defendant.
The parties agree that there is no value to this vehicle.
1985 Honda Vt550c Shadow Motorcycle, which is in the possession of
the Defendant. The parties agree that this vehicle has a value of
$840.00.
5. 1978 Suzuki Motorcycle, which is in the possession of the Defendant.
The parties agree that this vehicle has no value.
6. 1991 Construction Trailer, which is in the possession of the Defendant.
The parties agree that this trailer has no value.
D. Personal Property:
The parties have accumulated numerous and various pieces of personal
property during the marriage, which is marital subject to equitable distribution.
The parties have agreed to value this marital property and to agree to the
appraised value obtained. Them may be disputes as to whether certain items
are marital or non-marital.
E. Checking and Savings Accounts:
The parties agree that the following is a division of the parties' monetary
accounts:
Members First Date of Separation Distributed to Distributed to
Accounts Balance Wife Husband
Checking Account $2,866.34 $2,866.34
#40855
Savings Account $2,039.37 $1,039.37 $1,000.00
#40855
Holiday Club $ 45.06 $ 45.06
Account #40855
Checking Account $ 503.16 $ 503.16
#148173
Savings Account $ 354.27 $ 354.27
#148173
4
IV. MARITAL PROPERTY TRANSFERRED
The Defendant knows of no property that has been transferred to any other
party.
V. MARITAL DEBT
The parties had the following marital debts as of the date of separation:
Creditor Balance Balance Distribution Distribution
Date to Wife to Husband
M&T Bank June, 2002 $15,926.48 $15,926.48
(car loan)
Local 520 November $ 4,042,37 $ 4,042.37
Credit Card 15, 2001
Member's Fist November $ 3,889.25 $ 3,889.25
Key Loan* 16, 2001
ATT Universal November $ 4,154.59 $ 4,165.59
Card* 15, 2001
Fleet Card* December $ 1,479.89 $1,479.89
13, 2001
Chase November $ 867.37 $ 867.37
Platinum 12, 2001
Mastercard*
Discover December $ 504.91 $ 104.91 $ 400.00
Platinum 2, 2001
Card*
First Card*° November $ 1,032.04 $1,032.04
13, 2001
Peoples November $ 2,122.25 $ 2,122.25
Bank*° 13, 2001
* The statements for these accounts are in the exclusive possession of
the Plaintiff and the Defendant reserves the right to challenge that the
accounts or the amounts set forth above are marital debt.
° Husband was not aware of the existence of these accounts and
disputes that they are marital.
5
VI. WITNESSES
A. Expe~
The Defendant does not anticipate calling any expert witnesses, but reserves
the right to supplement this provision to include experts as are necessary to counter
expert testimony offered by the Plaintiff.
B. Fact
Other than the Defendant, the Defendant does not intend to call any other fact
witnesses. However, the Defendant reserves the right to supplement this provision to
include other witnesses necessary at the hearing.
VII. EXHIBITS
Statements verifying Defendant's income and expenses
including and without limitation, Defendant's recent income tax
returns and pay stubs.
Statements verifying ownership of marital and non-marital assets
as necessary.
3. Statements verifying values of personal properties of the parties.
Statements verifying the balances of marital liabilities during
applicable time periods, as well as payments made on such
marital liability after the date of separation.
Statements verifying the parties' pensions and retirement plans
and relative values thereof.
The Defendant reserves the right to supplement this list of Exhibits to include
other Exhibits as may be necessary at the hearing.
VIII. PROPOSED RESOLUTION OF ECONOMIC ISSUES
The Plaintiff proposes the following distribution of marital assets and liabilities:
1. Personal Property. Each party shall retain the tangible personal
marital assets currently in each party's possession, subject to a
reasonable exchange of items to be agreed upon by the parties.
6
Retirement Plans. The Defendant shall retain his Annuity and
Pension Plans and the Plaintiff shall waive any right thereto. The
Defendant shall retain her IRA account from the PHICO roll over
and 401(k) Plans and Defendant shall waive any right thereto.
Marital Residence. The Plaintiff shall transfer any and all interest in
the marital residence to the Defendant who shall be solely
responsible for the mortgage and all utilities and maintenance and
upkeep of the same. The Plaintiff shall have one year from the date
of the master's report to refinance the mortgages on the property to
remove the Plaintiff's name therefrom. The Defendant shall pay to
the Plaintiff the sum of $40,000.00 on or before the date of the
closing on the refinance of the mortgages.
4. Delaware Property. The Plaintiff shall transfer any and all interest in
the Delaware Property to the Defendant.
Vehicles. Each party shall keep the vehicles in his or her
possession and shall be solely responsible for any obligations
secured by his or her vehicles. Each party shall execute any
documents necessary to transfer or waive any interest he or she
may have in the other's vehicles(s).
6. Marital Debt. Each party shall be responsible for the debt as set
forth in Item V above.
Dated: July 18, 2003
Respec_ffully submitted,
wix, ~NGEP~ ,&,¥
/Atto~ey ID No.
508 North Seco
Lnin, ~quire
2658~/
Street
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Defendant
7
MARGARET BORDNER,
Plaintiff
KENNETH A. BORDNER,
Defendant
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 02- 371 Civil Term
:
: CIVIL ACTION- LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Pre-Trail Statement of Defendant, Kenneth A.
Border was served via United States first-class mail, postage prepaid, and/or hand
delivered this day to the following:
First -Class Mail:
Diane G. Radcliff, Esquire
Attorney at Law
3448 Trindle Road
Camp Hill, PA 17011
Hand Delivered:
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
Cumberland County
Court of Common Pleas
9 North Hanover Street
Carlisle, PA
, Ste
/
/ 50~
013
z~nin, Esquire
North Secbfld Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Dated: July 18, 2003
MARGARET BORDNER
6.7.02. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER,
Plaintiff
V.
KENNETH A. BORDNER,
Defendant
NO. 02 371 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on January 22, 2002.
2 The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service 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.o. ~' Section 4904 relating to
unsworn falsification to authorities.
Dated:
}NRW-TH A. BOP~D~R
MARGARET BORDNER
6.7.02. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER, :
Plaintiff : NO. 02 371 CIVIL TERM
V. : CIVIL ACTION - LAW
: IN DIVORCE
KENNETH A. BORDNER, :
Defendant :
WAIVER .,.O.F NOTICE OF INTENTION TO RE_QUEST
SE~ --- A DclVORCE Dw..CR1/w.. UND~.~ E
I consent to the entry of a final decree in divorce without
notice.
I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
I 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
correct.
subject
msworn
to
I understand that false statements
the penalties of 18 Pa.C.S. Section
falsification to authorities.
in this Waiver are true and
herein are made
4904 relating to
}ated:
pNNETH A. ~BO~DNER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER,
Plaintiff
V
KENNETH A. BORDNER,
Defendant
NO. 02-371 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARITAL AGREEMENT
BETWEEN
KENNETH A. BORDNER
AND
MARGARET BORDNER
TABLE OF CONTENTS
INTRODUCTION AND PREAMBLE ............................................................ I
SECTION I
General Provisions ..............................................................................................
2
SECTION II
Distribution of Property .......................................................................................
9
SECTION III
Distribution of Debts ...........................................................................................
16
SECTION IV
Counsel Fees, Alimony, and Spousal Support ...................................................... 20
SECTION V
Closing Provisions and Execution ...................................................................... 21
EXHIBIT "A"
Marital Property Distribution Schedule and Terms ............................................. 23
EXHIBIT "B'
Personal Property to Be Transferred to Wife ...................................................... 29
INTRODUCTION
THIS AGREEMENT made this'~~ day of/l~t°~., 2003, by and between Margaret
Bordner, ("Wife") of 35 lB Bethel Church Road, New Cumberland, PA 17070, and Kenneth A.
Bordner, ("Husband") of 35 Chainsaw Road, Dillsburg, PA 17019.
WITNESETH:
WHEREAS, the parties hereto are husband and wife, having been married on May 18,
1985 in Mechanicsburg, Cumberland County, PA, and separated on November 18, 2001.
WHEREAS, There were no children born of this marriage.
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband
by Wife; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
END OFINTRODUCTION
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SECTION I
GENERAL PROVISIONS
SECTION 1.01. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein and made a
part hereof as if fully set forth in the body of the Agreement.
SECTION 1.02. DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably broken and that they will secure
a mutual consent no-fault Divorce Decree in the above captioned divorce action docketed to No. 02-
371 and filed on January 22, 2002. Wife previously filed her Affidavit of Consent and Waiver of
Notice of Intention to Request Entry of Divorce Decree. Upon Husband's execution of this
Agreement, Husband shall execute and deliver to Wife's attorney his Affidavit of Consent and
Waiver of Notice of Intention to Request Entry of Divorce Decree, which upon receipt shall be filed
by that attorney with the Prothonotary. Upon the filing of Husband's aforesaid divorce documents,
Wife's attorney shall file all documents and papers necessary to secure the entry of the divorce
decree.
If either party fails or refuses to finalize said divorce or execute and file the documents
necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this
Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which
event the parties shall be restored to the same legal position each had been immediately prior to the
execution of this Agreement, and either party may then proceed with the litigation of any claims
heretofore raised in this divorce action the same as of this Agreement has never been executed by
the parties.
SECTION 1.03. EFFECT OF DIVORCE DECREE
Unless otherwise specifically provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be entered with respect to the parties.
SECTION 1.04. INCORPORATION IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any Divorce Decree which may be
entered with respect to them.
SECTION 1.05. NON-MERGER
This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have
independent contractual significance, and each party shall maintain their contractual remedies as
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well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law
or statute.
SECTION 1.06. DATE OF EXECUTION
The "date of execution", "execution date" or "date of this Agreement" shall be defined as the
date of execution by the party last executing this Agreement.
SECTION 1.07. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
SECTION 1.08. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Stephen J. Dzuranin, Esquire, of 508 North Second Street, P.O.
Box 845, Harrisburg, PA 17108-0845, for Husband, and Diane G. Radcliff, Esquire, of 3448 Trindle
Road, Camp Hill, PA 17011, for Wife. The parties acknowledge that they have received
independent legal advice from counsel of their selection and that they fully understand the facts and
have been fully informed as to their legal rights and obligations. They acknowledge and accept that
this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely
and voluntarily after having received such advice and with such knowledge, and that execution of
this Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
SECTION 1.09. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement, and each party acknowledges that
there has been a full and fair disclosure of the parties' marital assets and debts and the parties'
respective incomes, which has been provided to each party. The parties further acknowledge that
the financial disclosure has included the disclosure of the marital assets and debts set forth on the
"MARITAL PROPERTY DISTRIBUTION SCHEDULE AND TERMS ", attached hereto, marked
Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and
debts in accordance with the Distribution Schedule and Terms set forth therein.
SECTION 1.10. PROCEDURAL RIGHTS
Each party understands that he or she has the right: (1) to obtain from the other party a
complete inventory or list of all of the property that either or both parties own at this time or owned
as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise;
(3) to compulsory discovery to assist in the discovery and verification of facts relevant to their
respective rights and obligations, including the right to question the other party under oath; and (4)
-3-
to have a Court hold hearings and make decisions on the matters covered by this Agreement, which
Court decision concerning the parties' respective rights and obligations might be different from the
provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately
provides for his or her needs and is in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both parties hereby waive the following
procedural rights:
Discover_y: The right to have any additional discovery as may be permitted by the
Rules of Civil Procedure, except discovery arising out of a breach of this Agreement,
out of any child support action, or out of any other proceedings in which discovery
is specifically ordered by the court.
Determination of Marital and Non-Marital Property_: The right to have the court
determine which property is marital and which is non-marital, and equitably distribute
between the parties that property which the court determines to be marital.
Other Rights and Remedies: The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this Agreement, including, but not
limited to, possible claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), counsel fees, costs and expenses.
SECTION 1.11. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be dischargeable in
bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event
a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed
hereunder, the other party shall have the right, but not the obligation, to declare this Agreement to
be null and void and to terminate this Agreement in which event the division of the parties' marital
assets and all other rights determined by this Agreement shall be subject to court determination the
same as if this Agreement had never been executed by the parties.
SECTION 1.12. SOCIAL SECURITY BENEFITS
The parties agree that, subject to the rules and regulations of the Social Security
Administration, each of the parties shall continue to be eligible for Social Security benefits to which
he or she would ordinarily be qualified as a party to a divorce after a marriage often (10) years or
more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration.
-4-
SECTION 1.13. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall
be free from any control, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. They may reside at such place or places as they may
select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any
business, occupation, profession or employment which to him or her may seem advisable. Husband
and Wife shall not molest, harass, disturb or malign each other or the respective families of each
other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her.
SECTION 1.14. MUTUAL RELEASES
Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for
all time to come, and for all purposes whatsoever, of and from the following:
Claims Aeain~t Property or Estate: Any and all right, title, interest and/or claims
in or against the other party, the property (including income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate, which he or she now has or at any time hereafter may have
against such other party, the estate of such other party or the property of the other
party or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other.
Dower, Curtesv, Widows Rights: Any and all rights and claims of dower or curtesy,
or claims in the nature of dower or curtesy or widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against
the spouse's will;
Life Time Conveyances: The right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (i) the Commonwealth of
Pennsylvania, (ii) any other State, Commonwealth or Territory of the United States,
or (iii) any other country;
Marital Rights: Any rights which either party may have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, equitable distribution, costs or expenses, whether arising as a result of
the marital relation or otherwise.
E. Breach Exception: The foregoing shall not apply to all rights and agreements and
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obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof. It is the intention of Husband and Wife to
give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except and only except,
all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provisions thereof.
SECTION 1.15. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
SECTION 1.16. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party, any and all further instruments and/or
documents that the other party may reasonably require for the purpose of giving full force and effect
to the provisions of this Agreement.
SECTION 1.17. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
SECTION 1.18. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
SECTION 1.19. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith, (and within at least twenty
(20) days after demand therefor), execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable
for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree
should be so executed in order to carry out fully and effectively the terms of this Agreement.
SECTION 1.20. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall in no way affect the right of such party hereafter
-6-
to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any
other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same
or similar nature.
SECTION 1.21. BREACH
If for any reason either Husband or Wife fails to perform his or her obligations owed to or
for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the
other party shall have the following rights and remedies, all of which shall be deemed to be
cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result
or would result in a windfall of the other party:
Specific performance: The right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall be reimbursed for all
reasonable attorney's fees and costs incurred as the result of said breach and in
bringing the action for specific performance.
Damages: The right to damages arising out of breach of the terms of this Agreement,
which damages shall include reimbursement of all reasonable attorney's fees and costs
incurred as the result of the breach and in bringing the damage action.
Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and
remedies that may hereafter be enacted by virtue of the amendment of said statute or
replacement thereof by any other similar laws.
D. Other Remedies: Any other remedies provided for in law or in equity.
Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees" as used in this Section shall be based on consideration of (1) the
hourly rate charged; (2) the services rendered; and (3) the necessity of the services
rendered. Determination of reasonableness shall not take into consideration the
amount or nature of the obligation sought to be enforced or any possibility of
settlement for less than the obligation sought to be enforced by the non-breaching
party.
SECTION 1.22. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
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SECTION 1.23. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several sections, paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
SECTION 1.24. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the following shall apply:
Ao
Prior Returns: The parties have heretofore filed joint federal and state returns. Both
parties agree that in the event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any
such tax deficiency or assessment therewith. Such tax, interest, penalty or expense
shall be paid solely and entirely by the individual who is finally determined to be the
cause of the misrepresentations or failure to disclose the nature and extent of his or
her separate income on the aforesaid joint returns.
Current Returns: The parties shall file individual tax returns for the current tax year
and for every tax year hereafter.
SECTION 1.25. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4) years from the date of their divorce
all financial records relating to the marital estate, and each party will allow the other party access
to those records as may be reasonably necessary from time to time.
SECTION 1.26. MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party at the address listed on page
I above, or such other address as that party may from time to time designate and also to the
receiving party's attorney at the address listed in Section !.08 herein, or to such other attorney and
at his or her address as that party may from time to time designate.
SECTION 1.27. EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full
force and effect and there shall be no modification or waiver of any of the terms hereof unless the
parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term
of this Agreement to be null and void.
END OF SECTION I
-8-
SECTION II
DISTRIBUTION OF PROPERTY
SECTION 2.01. FINAL DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set forth in this Agreement is
equitable and in the event an action in divorce has been or is hereafter commenced, both parties
waive and relinquish the right to divide and distribute their assets and debts in any manner not
consistent with the terms set forth herein and further waive and relinquish the right to have the court
equitably divide and distribute their marital assets and debts. It is further the intent, understanding
and agreement of the parties that this Agreement is a full, final, complete and equitable property
division.
SECTION 2.02. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since
November 18, 2001, the date of the parties' marital separation, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she
were unmarried and each party hereby waives, releases, renounces and forever abandons any right,
title, interest and claim in and to said after acquired property of the other party pursuant to the terms
of this Section.
SECTION 2.03. WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release, renounce and forever abandon any
right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or
nature whatsoever previously, or in the future, received by the other party.
SECTION 2.04. AS IS CONDITION
Except as otherwise specifically herein provided, and with respect to the transfer of any
tangible assets provided for in this marital Agreement, the parties acknowledge that he or she have
had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and
separate property and he or she is fully aware of the condition of such tangible asset and is receiving
those assets in "as is" physical condition, without warranty or representation by or from the other
party.
SECTION 2.05. PERSONAL PROPERTY
With respect to the tangible personal property of the parties including, but without limitation
with specific reference to, jewelry, clothes, furniture, furnishings, rags, carpets, household
equipment and appliances, tools, pictures, books, works of art and other personal property ("the
-9-
Personal Property"), the parties agree as follows:
Division: Husband and Wife do hereby acknowledge that they have previously
divided the Personal Property. Except as hereafter provided, Wife agrees that all of
the Personal Property in the possession of Husband shall be the sole and separate
property of Husband; and Husband agrees that all of the Personal Property in the
possession of Wife shall be the sole and separate property of Wife.
Be
Exceptions to Division: The foregoing notwithstanding the parties agree that the
items of personal property set forth on Exhibit "B" attached hereto and to be made a
part hereof, shall become the sole and separate property of Wife. Husband shall
deliver the said items to a neutral location, to be designated and provided by Wife,
within fourteen (14) days of the date Husband receives notice of said designation.
Wife has not had the opportunity to inspect the items set forth on Exhibit "B" prior
to her execution of this Agreement and, therefore, the provisions of Section 2.04 shall
not apply to said property.
Waiver: The parties do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect to the Personal
Property which shall become the sole and separate property of the other.
SECTION 2.06. VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or
both of the parties, identified on Exhibit "A", incorporated by reference hereto, ("the Vehicles") the
parties agree as follows:
Ao
Wife's Vehicle(s): The 1994 Ford Probe shall be the sole and separate property of
Wife.
Be
Husband's Vehicle(s): The 1997 Pick Up, 1986 Dodge, 1985 Honda Motorcycle,
1978 Suzuki Motorcycle, and the 1991 Trailer shall be the sole and separate property
of Husband.
Identification: Identification of a Vehicle herein shall include not only the Vehicle,
but also the sale or trade-in value thereof if it had been sold or traded in prior to the
date of this Agreement.
Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if
appropriate, for effectuating transfer as herein provided on the date of execution of
this Agreement and said executed titles shall be delivered to the proper party on the
- 10-
distribution date.
Title and Power of Attorney: For purposes of this Section the term "title" shall be
deemed to include "power of attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise.
Liens: In the event any Vehicle is subject to a lien or encumbrance the party
receiving the Vehicle as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible therefor, and said party further agrees
to indemnify, protect and save the other party harmless from any and all liability, cost
and expense arising out of, or relating to, said lien or encumbrance.
Waiver: Each of the parties hereto does specifically waive, release, renounce and
forever abandon whatever right, title and interest they may have in the Vehicles that
shall become the sole and separate property of the other party pursuant to the terms
of this Section.
SECTION 2.07. CHAINSAW ROAD/MONETARY PAYMENT
The parties are the owners of a certain tract of improved real estate known and numbered as
35 Chainsaw Road, Dillsburg, PA 17019, ("the Chainsaw Road Property") and which is
encumbered with two (2) mortgages owed to Halifax National Bank Mortgage, ("the Chainsaw
Road Property Mortgages"). With respect to the Chainsaw Road Property and the Chainsaw Road
Property Mortgages and the monetary payment due Wife, the parties agree as follows:
Ao
Conveyal~ce: Husband shall prepare and deliver to Wife all documents in the usual
form including, but not limited to, the deed and typical title affidavit limited to the
best of her knowledge, conveying, transferring and granting to Husband all of Wife' s
right, title and interest in and to the Chainsaw Road Property. Wife shall execute said
documents upon her receipt thereof, which documents shall be held in escrow by
Wife's attorney pending the payment of the sum of $40,000.00 set forth below, at
which time the deed, title affidavit, and any other conveyancing documents shall be
delivered to Husband or Husband's attorney for recording and other disposition.
Liens, Encumbrances and Expenses: The conveyance set forth in Section 2.07,
Paragraph A. shall be subject to all liens and encumbrances including, but not limited
to, the lien of the Chainsaw Road Property Mortgages, real estate taxes and any other
municipal liens. The conveyance shall further be under and subject to any covenants
and restrictions of record. Wife hereby warrants and represents that she has taken no
action, either during the marriage or after the date of separation, that has resulted in,
or that may result in, a lien or encumbrance on the Chainsaw Road Property, other
-11-
than such liens or encumbrances that Husband has also incurred. Husband shall
hereinafter be solely responsible for the payment of the Chainsaw Road Property
Mortgages, real estate taxes, other municipal liens and any and all other expenses
associated with the Chainsaw Road Property, whether incurred in the past, present or
future, and shall indemnify, protect and save Wife harmless therefrom.
Payment of Chainsaw Road Property Mortgages: Husband represents and
warrants that all of the payments due under the Chainsaw Road Property Mortgages
are up to date, current and not in default. Husband further agrees that he will timely
pay all required payments under the Chainsaw Road Property Mortgages so that he
does no become in default of his obligations under the Chainsaw Road Property
Mortgages . In the event Husband fails to make timely payment of any of his
obligations under the Chainsaw Road Property Mortgages within thirty (30) days of
the date said payment is due under the terms of the Chainsaw Road Property
Mortgages, then at Wife's option and election, his right to refinance the Chainsaw
Road Property Mortgages provided in Section 2.07, Paragraph D below, shall
terminate upon said election, in which event, the provisions of Section 2.07,
Paragraph E shall apply, the same as the Refinance Period has ended as of the date of
Husband's or Husband's attorney's receipt or Wife's said notice of election without
Husband obtaining and settling on the Refinance Loan by that date.
Refinance: The following shall apply regarding Husband's refinance the Chainsaw
Road Property Mortgages and the loan necessary to make Husband's payment of
$40,000.00 to Wife (herein the "Refinance Loan"):
Refinance/Costs: Husband shall refinance the Chainsaw Road Property
Mortgages and shall pay all of the costs of that refinance loan and any costs for
the loan to pay Wife the $40,000.00 payment herein provided. The costs of
Refinance Loan shall be paid by Husband.
Ailplication: Husband shall make an application for the Refinance Loan
(which can be separate loans or a combined loan) within fifteen (15) days of
the date ofthis Agreement (herein the "Refinance Application"). Proofofthe
Refinance Application shall be provided to Wife or Wife's attorney within five
(5) business days of the date of the completion of the Refinance Application.
Refinance Settlement/S40,000.00 Payment: Husband shall complete and
hold settlement on the Refinance Loan within ninety (90) days of the date of
this Agreement, (herein the "Refinance Period"). At settlement thereon, but
in no event any later than ninety (90) days of the date of this Agreement,
- 12-
Husband shall pay Wife the sum of $40,000.00. Upon said payment, Wife's
Attorney shall release the deed to the Chainsaw Road Property to Husband.
Sale: The following shall apply to the sale of the Chainsaw Road Property in the
event Husband is unable to obtain and settle on the Refinance Loan within the
Refinance Period:
Listing and Sale: In the event Husband is unable or fails to secure the
Refinance Loan during the Refinance Period, then within ten (10) business
days after the end of the Refinance Period the Chainsaw Road Property shall
be listed for sale with a qualified real estate broker selected by Wife at a listing
price suggested by the Realtor to be based on and designed for a quick sale and
shall be sold at the best price obtainable, at the price and under the conditions
suggested by, and upon the advice of, the Realtor.
Distribution of Proceeds: At settlement on said sale the net proceeds after
payment of all normal and reasonable settlement costs and payment of all
existing liens, mortgages and encumbrances, shall be divided and distributed
as follows:
Payment to Wife: Payment to Wife of the amount of $40,000.00 plus
(+) any adjustments set forth in Section 2.07, Paragraph F.
B. Payment to Husband: Payment of the remaining balance to Husband.
Adjustments to Monetary Payment: The following adjustments shall be made to
the $40,000.00 payment due Wife:
Application Penalty: If Husband does not apply for the Refinance Loan
within the Application Period, a penalty of $10.95 per day will be added for
each day of non-compliance commencing on the first day after the end of the
Application Period and ending on the date the application for the Refinance
Loan is made, or the date the Chainsaw Road Property is listed for sale,
whichever shall first occur. That penalty amount will be added to the
$40,000.00 cash payment due Wife. The foregoing penalty shall not apply
to any delay in making the Refinance Application resulting from matters
beyond Husband's control and through no fault of Husband.
Sate Penalty: In the event Husband refuses to sign the listing agreement or
refuses to sign any documents necessary to sell the Chainsaw Road Property
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under the conditions and as required in Section 2.07, Paragraph E, a penalty
of $10.95 per day will be added for each day of non-compliance commencing
on the date his non-compliance commences and ending on the date he signs the
listing agreement or signs the documents necessary to sell the Chainsaw Road
Property. That penalty amount will be added to the $40,000.00 cash payment
due Wife. The foregoing penalty shall not apply to any delay in signing
the listing agreement or the documents necessary to sell the Chainsaw
Road Property resulting from matters beyond Husband's control and
through no fault of Husband.
Interest: If Wife is to receive her $40,000.00 payment from the proceeds of
the sale of the Chainsaw Road Property instead of through the Refinance Loan,
then Husband shall pay Wife interest on her $40,000.00 payment, or any
outstanding portion thereof, at the rate of six (6%) percent per annum
commencing on the first day following the end of the Refinance Period, or the
date the Chainsaw Road Property is listed for sale, whichever shall first occur,
and ending on the date that the full monetary payment due Wife pursuant to
the terms of this Section is paid by Husband to Wife.
SECTION 2.08. SYCAMORE DRIVE PROPERTY
The parties are fifty (50%) percent owners of a certain tract of real estate known and
numbered as 6 Sycamore Drive, Bethany Beach, Delaware ("the Sycamore Drive Property"), which
is owned jointly with Husband's sister as the other fifty (50%) percent owner, and is unencumbered.
With respect to the Sycamore Drive Property the parties agree as follows:
mJ
Conveyance: Husband shall prepare and deliver to Wife all documents in the usual
form including, but not limited to, the deed and typical title affidavit limited to the
best of her knowledge, conveying, transferring and granting to Husband all of Wife's
right, title and interest in and to the Sycamore Drive Property. Wife shall execute said
documents upon her receipt thereof, which documents shall be held in escrow by
Wife's attorney pending the payment of the sum of $40,000.00 set forth in Section
2.07 above, at which time the deed, title affidavit, and any other conveyancing
documents shall be delivered to Husband or Husband's attorney for recording and
other disposition.
Bo
Liens, E~lcumbrances and Expenses: The said conveyance shall be subject to all
liens and encumbrances including, but not limited to, the lien of the any mortgage,
real estate taxes and any other municipal liens. The conveyance shall further be under
and subject to any covenants and restrictions of record. Wife hereby warrants and
represents that she has taken no action, either during the marriage or after the date of
14-
separation, that has resulted in, or that may result in, a lien or encumbrance on the
Chainsaw Road Property, other than such liens or encumbrances that Husband has
also incurred. Husband shall hereinafter be solely responsible for the payment of the
mortgages, real estate taxes, other municipal liens and any and all other expenses
associated with the Sycamore Drive Property, whether incurred in the past, present or
future, and shall indemnify, protect and save Wife harmless therefrom.
SECTION 2.09. RETIREMENT AND PENSION PLANS
Except as hereafter provided, each of the parties does specifically waive, release, renounce
and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension
Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax
Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other
party, whether acquired through said party's employment or otherwise, identified on Exhibit "A",
incorporated by reference hereto, ("the Retirement Plans"). Hereafter, but except as hereafter
provided, the Retirement Plans shall become the sole and separate property of the party in whose
name or through whose employment said plan or account is held or carried. If either party
withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this
Section, that party shall be solely liable for any and all taxes and penalties resulting from that
withdrawal.
The foregoing notwithstanding, Wife shall receive $35,000.00 from Husband's Plumbers and
Pipefitters Annuity to be paid to her as a tax free roll over of retirement benefits. To effectuate that
rollover the transfer of the $35,000.00 to Wife shall be made by way of a qualified domestic
relations order (herein "QDRO") to be prepared by Husband's attorney within thirty (30) days of the
date of this Agreement and entered by the Court in the above captioned case as soon as
administratively feasible. Said QDRO shall provide that:
Date of Entitlement: The $35,000.00 payment to Wife shall be as of the date of this
Agreement, and Wife shall be entitled to or assessed any earnings or losses thereon
from the date of this Agreement until the date the transfer is made to her by the Plan
administrator.
Be
IRA Roll~)ver: If permitted by the terms of the Plumbers and Pipefitters Annuity
Plan said payment and benefits shall be rolled over into an IRA account in Wife's sole
name, which IRA was previously or is to be established by Wife.
SECTION 2.10. BANK ACCOUNTS, STOCK, AND LIFE INSURANCE
The parties acknowledge and agree that they have previously divided to their mutual
satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment
plans and life insurance cash value, identified on Exhibit "A', incorporated by reference hereto,
-15-
("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall
become the sole and separate property of Husband; and Husband agrees that all the Accounts held
in the name of Wife shall become the sole and separate property of Wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he
or she may have in the Accounts that are to become the sole and separate property of the other
pursuant to the terms hereof.
SECTION 2.11. TAX PROVISIONS
The parties believe and agree that the division of property made to be made pursuant to the
terms of this Agreement is a non-taxable division of property between co-owners rather than a
taxable sale or exchange of such property. Each party promises not to take any position with respect
to the adjusted basis of the property assigned to him or her or with respect to any other issue which
is inconsistent with the terms of this Section on his or her applicable federal or state income tax
returns.
END OF SECTION II
-16-
SECTION III
DISTRIBUTION OF DEBTS
SECTION 3.01. WIFE'S DEBTS
Wife represents and warrants to Husband that since the parties' marital separation she has
not contracted or incurred any debt or liability for which Husband or his estate might be responsible.
Wife further represents and warrants to Husband that she will not contract or incur any debt or
liability after the execution of this Agreement for which Husband or his estate might be responsible.
Wife shall indemnify and save Husband harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
SECTION 3.02. HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the parties' marital separation he has not
contracted or incurred any debt or liability for which Wife or her estate might be responsible.
Husband further represents and warrants to Wife that he will not contract or incur any debt or
liability after the execution of this Agreement for which Wife or her estate might be responsible.
Husband shall indemnify and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
SECTION 3.03. M__~ARITAL DEBT
During the course of the marriage, Husband and Wife have incurred certain bills and
obligations and have amassed a variety of debts, identified on Exhibit "A", incorporated by
reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what
purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows:
Ao
General Provision: Any debt herein described shall be deemed to include the current
balance owed on the debt. Unless otherwise herein specifically provided, there shall
be no adjustment for the payment of any portion of the Marital Debts that a party may
have made prior to the execution of this Marital Agreement, whether or not that debt
is specifically referenced in this Section.
B. Wife's D,bts: Wife shall be solely responsible for the following bills and debts:
Specific Debts: The Members 1 st Key Loan; ATT Universal Card; Fleet credit
card; Chase Platinum MasterCard; First Card; Peoples Bank; Wife's 2001
Income Taxes.
o
Wife's Vehicle Loan(s): Any vehicle loan for Wife's Vehicle(s) as required
and set forth in Section 2.06 herein.
-17-
Co
De
3. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting
from her withdrawal of funds from Wife's Retirement Plans set forth in Section
2.09 herein;
4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Wife's sole name, and not otherwise
provided for herein.
Husband's Debts: Husband shall be solely responsible for the following bills and
debts:
1. Specific Debts: The Local 520 Credit Card and the Discover Platinum Card
2. Husband's Vehicle Loan(s}: Any vehicle loan for Husband's Vehicle(s) as
required and set forth in Section 2.06 herein.
3. Mortgage: The Chainsaw Road Property Mortgages and the cost of the
Refinance Loan as required and set forth in Section 2.07 herein;
4. Real Estate Expenses: Any and all expenses associated with the Chainsaw
Road Property as required and set forth in Section 2.07 herein;
5. Real Estate Expenses: Any and all expenses associated with the Sycamore
Drive Property as required and set forth in Section 2.08 herein;
6. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting
from his withdrawal of funds from Husband's Retirement Plans set forth in
Section 2.09 herein;
7. Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Husband's sole name, and not otherwise
provided for herein.
Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms herein
are not the responsibility of the other party.
Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party
can make any further charges thereunder, and if said charges are made in violation of
-18-
this Agreement, then the party incurring said charge shall immediately repay the same.
Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the
sole responsibility of the party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it as it becomes due and
payable.
No Further Joint Debt: From the date of this Agreement, each party shall only use
those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any remaining
accounts which provide for joint liability.
Refinance: In the event a party is assuming a liability for which the parties are jointly
liable, that party shall refinance the same within ninety (90) days of the date of this
Agreement so as to release the other party from any and all liability thereunder.
SECTION 3.04. INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify,
protect and hold the other party harmless from and against all any and all liability thereunder,
including, but not limited to, any attorney's fees and costs incurred by the other party as the result
of defending against the obligation and/or enforcing the provisions of this indemnification.
END OF SECTION III
-19-
SECTION IV
COUNSEL FEES, ALIMONY AND SPOUSAL SUPPORT
SECTION 4.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or claim each may have, both
now and in the future, against the other for counsel fees, costs and expenses, except as specifically
set forth herein.
SECTION 4.02. ALIMONY AND SUPPORT
The parties hereto agree and do hereby waive any right and/or claim they may have, both now
and in the future, against the other for alimony, alimony pendente lite, spousal support and
maintenance.
END OF SECTION IV
- 20 -
SECTION V
CLOSING PROVISIONS AND EXECUTION
SECTION 5.01. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which shall constitute one and the same agreement.
SECTION 5.02. FACSIMILE SIGNATURE
Each party agrees to accept and be bound by facsimile signatures hereto.
SECTION 5.03. BINDING EFFECT
BY SIGNiNG THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAViNG READ
AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE
PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
signed sealed and acknowledged this Agreement the day and year below written, which Agreement
has been executed in various counterparts, each of which shall constitute an original.
WlT~_>SS:
F~NN~T~I-X. BO~NER
Date: ~
ARd~T ~mE BO~NER
Date: /~&
, /
-21 -
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF 3~tll/~)tLI
On this the '7~ day of ~__, 2003, before me the undersigned officer,
personally appeared, Kenneth A. Bordner, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and acknowledged that he executed the same
for the purposes therein contained.
1N WITNESS WHEREOF, I hereunto setpy hand and notarial seal.
' NOTAR~t~UI~LIC
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
KAI~N ~9 CARTER
Notary I~Jbllc
CITY O; H,MIRE~URG, DAUPHIN CNW
~ c~~ A~ ~, ~7
COUNTY OF C_to o~, ~ ~-
ss.
On this the ~)o'b'day of (~c.~ ~ , [year], before me the undersigned officer,
personally appeared, Margaret Marie Bordner, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hav~rhereu~o set my hand and notarial seal.
R ,PU Li
million Expires:
Notarial Seal
Diane G. Radcllff, Notary Public
Camp HEll Bom, Cumbederld County
My Commission E. xplres Jan. 11, 2004
Member, Permsylvania Assocfaflon of Nol. ari~
- 22 -
EXHIBIT "A"
MARITAL PROPERTY DISTRIBUTION SCHEDULE AND TERMS
DESCRIPTION OF
PROPERTY OR LIABILITY
ITEM 1 REAL ESTATI
35 Chainsaw Rd.
Halifax National Bank
Mtg.
COMMENTS
Agreed
Agreed
VALUE
125,000.00
;gl
(46,346.17)
NET VALUE
DISTRIBUTION DISTRIBUTION
TO HUSBAND TO WIFE
72,960.30
2~d Mortgage #80608 Agreed (5,693.53)
Net Equity Agreed 72,960.30
ITEM 2 REAL ESTATE #2
6 Sycamore Dr. ,I Modified I 7,5°°'°°l
72,960.30
7,500.00I 7,500.00[
ITEM 3 VEHICLE #1
Wife's 1994 Ford Probe
Modified I
ITEM 4 VEHICLE #2
Husband's 1997 Pick up Modified
Agreed (15,926.48)
Disputed
2,692'5° I 2'692'501 I 2,692.50
9,020.00 ~~
(6,9O6.48)
Husband's M&T Loan
Net Value
(6,906.48) I (6,906.48)
ITEM 5 VEHICLE #3
Husband's 1986 Dodge
ITEM 6 VEHICLE #4
ITEM 7 VEHICLE #5
ITEM 8 VEHICLE #6
- 23 -
~ARITAL PROPERTY D S(~EgDI~;L~E
DESCRIPTION OF I COMMENTS VALUE NET VALUE DISTRIBUTION
PROPERTY OR LIABILITY ] [ TO HUSBAND
ITEM 9 MONETARY ACCOUNT gl
Member's 1s~ Jr. #40855 I Agreed
Suffix: 11 Checking
ITEM 10 MONETARY ACCOUNT #2
Member's 1st Savings '1 Agreed I
DISTRIBUTION
TO WIFE
ITEM 11 MONETARY ACCOUNT #3
Member's Ist Jt. # 40855 Agreed
Suffix:02 Holiday Club
2,866.34 2,866.34 2,866.34
2,039.37I 2,039.37I 1,000.00I 1,039.37
45.06
Agreed
45.06
ITEM 12 MONETARY ACCOUNT #4
503.16 503. ~6
503.16
Members 1s~ Jt. # 148173
Suffix:l 1 Checking
ITEM 13
Member's 1st Jt. Savings
Account 148173
MONETARY ACCOUNT #5
Agreed
FY gl
ITEM 14 PERSONAL
354.27
354.27
354.27
Husband's Personalty
45.06
WIFE TO RECEIVE ITEMS SET FORTH ON THE LIST IN THE COMMENTS SECTION BELOW
ITEM 15 PERSONALTY #2
Husband's Guns Modified
ITEM 16 PERSONALTY #3
Husband's Tools I Modified
ITEM 17 PERSONALTY #4
Wife's Household Goods I Modified
ITEM 18 OTHER ASSETS gl
Road Rage Case $ I Disputed
ITEM 19 OTHER ASSETS #2
H's 2001 Tax Refund I Disputed
- 24 -
MARITAL PROPERTY DIST~u~IOI~ S¢~O~E
DESCRIPTION OF [ COMMENTS I VALUE I NETVALUE [DISTRIBUTION
PROPERTY OR LIABILITY TO HUSBAND
ITEM 20 DEBT#1
Finance Charges Unknown TBD TBD 'I'BI)
ITEM 21 DEBT#2
Agreed
DISTRIBUTION
TO WIFE
Members 1st Key Loan Unknown (&889.25)
Finance Charges (98.301
ITEM 22 DEBT#3
ATT Universal Card
Finance Charges
ITEM 23 DEBT#4
(3,889.25)
13.880.251
Disputed 198.301 ( 5,8..,111
Unknown 14,165.591 14,165.5'91 14,165.591
Disputed
(622.08)
(622.08)
1622.081
Fleet
#54910000850964706
Finance Charges
Unknown ( 1,479.89)
Disputed (260.38)
1,479.89)
(260.38)
11,479.891
(260.38)
ITEM 24 DEBT#5
Chase Platinum
MasterCard
Disputed ] (867.37)
(867.37)
(867.37)
Unknown
Disputed
ITEM 25 DEBT#6
Discover Platinum Card 1504.911 1504.9t ) 1400.110) I ,104.91
Finance charges TBI) TBD 'IBD
ITEM 26 DEBT#7
Finance Charges Disputed (104.(}0)
ITEM 27 DEBT #8
1,032.1141
(104.~0)
( 1,t132.041
/ 104.(}(11
Peoples Bank
Finance Charges
Unknown
Disputed
12,122.251
1291.641
22.25)
(291.64)
(2.122.25)
(2q1.041
- 25 -
~'ARITAL PROPERTY DIS~FRIB~ION SCHED~E
DESCRIPTION OF COMMENTS VALUE NET VALUE DISTRIBUTION DISTRIBUTION
?ROPERTY OR LIABILITY TO HUSBAND TO WIFE
iTEM 28 DEBT #9
ITEM 29. RETIREMENT #1
Wife'smhicomension I Unknown I $35,825.001 35,825.00I I 35,825.00
ITEM 30. RETIREMENT #2
Wife'smhico401Kmlan I Agreed I 38,409.861 38,409-861 I 38,409.86
ITEM 31. RETIREMENT #3
Husband's Plumbers and Agreed 74,639.00 74,639.00 74,639.00
Pipefitters Pension
ITEM 32. RETIREMENT #4
Husband's Plumbers and Agreed 62,899.48 62,899.48 27,899.48 35,000.00
Pipefitters Annuity
WIFE'S $35,000.00 PAYMENT BY QDRO TO BE PREPARED BY HUSBAND'S ATTORNEY
TOTALS
TOTAL OF ASSETS AND LIABILITIES I 282,618.37 [ 181,905.94I 100,712.43
ADJUSTMENT FOR CASH PAYMENT DUE WIFE FROM HUSBAND
Totals from above 282,618.37 181,905.94 100,712.43
Cash payment due wife (40,000.00) 40,000.00
NET TO EACH PARTY 141,905.94 140,712.43
ADDITIONAL TERMS:
1. The assets would be divided in accordance with the foregoing distribution schedule. This
would result in:
A. Husband would receive the marital home and beach property;
- 26 -
B. Wife receiving a cash payment of $40,000.00;
C. Wife would receive $35,000.00 from Husband's annuity;
D. The Personal property would be divided as is except as provided below;
E. The remaining assets (except for personal property) remaining divided as is.
Husband would have fifteen (15) days from the date of the Agreement to make an application
to refinance the existing marital home mortgage and to secure funds to make the required
$40,000.00 cash payment. Proof of that application will be provided to Wife within five
business days of the date of application. If Husband does not apply for the mortgage within
the allotted fifteen (15) day time period, there will be a penalty added of $10.95 per day for
each day of non-compliance. That penalty amount will be added to the cash payment due
Wife.
The $40,000.00 cash payment due Wife will be made within ninety (90) days of the date of
the Marital Agreement or upon completion of refinancing, whichever shall first occur.
If Husband does not make the $40,000.00 cash payment within the ninety (90) day time
period, there will be a penalty $10.95 per day for each day of non-compliance. That penalty
amount will be added the cash payment due Wife.
If Husband does not make the $40,000.00 cash payment within the ninety (90) day time
period, the marital home will be listed for sale with a real estate broker designated by Wife
at the listing price designated by the broker designed for a quick sale and shall be sold at the
price and under the conditions suggested by the broker. If Husband refuses to sign the listing
or refuses to sell the property in accordance with the foregoing, there will be a penalty added
of $10.95 per day for each day of non-compliance. That penalty amount will be added the
cash payment due Wife. Upon sale and settlement, Wife will be paid the $40,000.00 plus
any penalty sums calculated as aforesaid. Husband will be paid the remainder of the
proceeds.
Wife will receive $35,000.00 from Husband's Plumbers and Pipefitters Annuity. That
payment will be made by a tax free roll over of benefits pursuant to a QDRO to be prepared
by Husband's attorney within thirty (30) days of the date of the Marital Agreement.
Wife will receive the following items of personal property from Husband within fourteen
- 27 -
(14) days of the date of the Marital Agreement:
A. TV that was a gift from Wife's parents;
B. VCR that was a gift from Wife's parents;
C. Quilt Rack;
D. Teddy Bear Picture
E. Oil Painting;
F. Mirror on Stand;
G. Surf Fishing Rod that was a gift to Wife from a friend, which fishing rod is not in
Husband's possession, but given back by him to the friend, and to be obtained by Wife
from that friend. Husband shall not be responsible if the friend refuses to give that
fishing rod to Wife.
Husband will bring the past due mortgage payments owed to Halifax National Bank up to
date by the October 16, 2003 deadline refinance date.
- 28 -
2.
3.
4.
5.
6.
7.
EXHIBIT "B"
PERSONALTY TO BE TRANSFERRED TO WIFE
PURSUANT TO SECTION 2.06
TV that was a gift from Wife's parents
VCR that was a gift from Wife's parents
Quilt Rack
Teddy Bear Picture
Oil Painting
Mirror on Stand
Surf Fishing Rod that was a gift to Wife from a friend, which fishing rod is not in
Husband's possession, but given back by him to the friend, and to be obtained by Wife
from that friend. Husband shall not be responsible if the friend refuses to give that
fishing rod to Wife.
- 29 -
MARGARET BORDNER, : THE COURT CF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 02 - 371 CIVIL
KENNETH A. BORDNER, :
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this /S7w~ day of~W-r~4,/4~.~b~t-/ ,
2003, the economic claims raised in the proceedings having been
resolved in accordance with a marital agreement dated November
7, 2003, the appointment of the Master Ls vacated and counsel
can file a praecipe transmitting the record to the Court
requesting a final decree in divorce.
CC:
BY THE COURT,
GeO~g~i~. ~o~'fe~', P~J.
Diane G. Radcliff
Attorney for Plaintiff
Stephen J. Dzuranin
Attorney for Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEKNSYLVANIA
MARGARET BORDNER,
Plaintiff
V
KENNETH A. BORDNER,
Defendant
NO. 02-3771 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARITAL AGREEMENT
BETWEEN
KENNETH A. BORDNER
AND
MARGARET BORDNER
TABLE OF CONTENTS
INTRODUCTION AND PREAMBLE ............................................................ 1
SECTION I
General Provisions ..............................................................................................
SECTION II
Distribution of Property ....................................................................................... 9
SECTION III
Distribution of Debts ............................................................................... .... . .. ., .. . . 16
SECTION IV
Counsel Fees, Alimony, and Spousal Support ...................................................... 20
SECTION ¥
Closing Provisions and Execution. .............................................................. . . . . .... 21
EXHIBIT "A'
Marital Property Distribution Schedule and Terms ............................................. 23
EXHIBIT "B"
Personal Property to Be Transferred to Wife ...................................................... 29
INTRODUCTION
Bordner, ("Wife") of 351B Bethel Church Road, New Cumberland, PA 17070, and Kenneth A.
Bordner, ("Husband") of 35 Chainsaw Road, Dillsburg, PA 17019.
WITNESETH:
WHEREAS, the parties hereto are husband and wifb, having been malTied on May 18,
1985 in Mechanicsburg, Cumberland County, PA, and separated on November 18,2001.
WHEREAS, There were no children born of this marriage.
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband
by Wife; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the', premises and mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
ENDOFINTRODUCTION
-1-
SECTION I
GENERAL PROVISIONS
SECTION 1.01. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein and made a
part hereof as if fully set forth in the body of the Agreement.
SECTION 1.02. DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably broken and that they will secure
a mutual consent no-fault Divorce Decree in the above captioned divorce action docketed to No. 02-
371 and filed on January 22, 2002. Wife previously filed her Affidavit of Consent and Waiver of
Notice of Intention to Request Entry of Divorce Decree. Upon Husband's execution of this
Agreement, Husband shall execute and deliver to Wife's attorney his Affidavit of Consent and
Waiver of Notice of Intention to Request Entry of Divorce Decree, which upon receipt shall be filed
by that attorney with the Prothonotary. Upon the filing of Husband's aforesaid divorce documents,
Wife's attorney shall file all documents and papers necessary to secure the entry of the divorce
decree.
If either party fails or refuses to finalize said divorce or execute and file the documents
necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this
Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which
event the parties shall be restored to the same legal position each had been immediately prior to the
execution of this Agn-eement, and either party may then proceed with the litigation of any claims
heretofore raised in this divorce action the same as of this Agreement has never been executed by
the parties.
SECTION 1.03. EFFECT OF DIVORCE DECRt;E
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.
SECTION 1.04. INCORPORATION IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any Divorce Decree which may be
entered with respect to them.
SECTION 1.05. NON-MERGER
This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have
independent contractual significance, and each party shall maintain their contractual remedies as
-2-
well as court remedies as the result of the aforesaid incorporatsion or as otherwise provided by law
or statute.
SECTION 1.06. DATE OF EXECUTION
The "date of execution", "execution date" or "date of this Agreement" shall be defined as the
date of execution by the party last executing this Agreement.
SECTION 1.07. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
SECTION 1.08. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Stephen J. Dzuranin, Esquire, of 508 North Second Street, P.O.
Box 845, Harrisburg, PA 17108-0845, for Husband, and Diane G. Radcliff, Esquire, of 3448 Trindle
Road, Camp Hill, PA 17011, for Wife. The parties acknowledge that they have received
independent legal advice from counsel of their selection and that they fully understand the facts and
have been fully informed as to their legal rights and obligations. They ackmowledge and accept that
this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely
and voluntarily after having received such advice and with such knowledge, and that execution of
this Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
SECTION 1.09. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement, and each party acknowledges that
there has been a full and fair disclosure of the parties' marital assets and debts and the parties'
respective incomes, which has been provided to each party. The parties further acknowledge that
the financial disclosure has included the disclosure of the marital assets and debts set forth on the
"MARITAL PROPERTY DISTRIBUTION SCHEDULE AND, TERMS '!, attached hereto, marked
Exhibit "A" and made a part hereof, and that it is the parties' intent to distribute those assets and
debts in accordance with the Distribution Schedule and Terms set forth therein.
SECTION 1.10. PROCEDURAL RIGHTS
Each party understands that he or she has the right: (1) to obtain from the other party a
complete inventory or list of all of the property that either or both parties own at this time or owned
as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise;
(3) to compulsory discovery to assist in the discovery and verification of facts relevant to their
respective rights and obligations, including the right to question the other party under oath; and (4)
-3-
to have a Court hold hearings and make decisions on the matters covered by this Agreement, which
Court decision concerning the parties' respective rights and obi[igations might be different from the
provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately
provides for his or her needs and is in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acla~owledgment, both parties hereby waive the following
procedural rights:
Discovery: The right to have any additional discovery as may be permitted by the
Rules of Civil Procedure, except discovery arising out of a breach of this Agreement,
out of any child support action, or out of any other proceedings in which discovery
is specifically ordered by the court.
Determination of Marital and Non-Marital Property: The right to have the court
determine which property is marital and which is :aon-marital, and equitably distribute
between the parties that property which the court determines to be marital.
Other Rights and Remedies: The right to have the court decide any other rights,
remedies, privileges, or obligations covered by this Agreement, including, but not
limited to, possible claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), counsel fees, costs and expenses.
SECTION 1.11. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be dischargeable in
bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event
a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed
hereunder, the other party shall have the right, but not the obligation, to declare this Agreement to
be null and void and to terminate this Agreement in which event the division of the parties' marital
assets and all other rights determined by this Agreement shall be subject to court determination the
same as if this Agreement had never been executed by the parties.
SECTION 1.12. SOCIAL SECURITY BENEFITS
The parties agree that, subject to the rules and regulations of the Social Security
Administration, each of the parties shall continue to be eligible for Social Security benefits to which
he or she would ordinarily be qualified as a party to a divorce :after a marriage often (10) years or
more in duration, if the parties' marriage is determined to be of ten (I 0) or more years in duration.
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SECTION 1.13. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall
be free from any control, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. They may reside at such place or places as they may
select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any
business, occupation, profession or employment which to him or her may seem advisable. Husband
and Wife shall not molest, harass, disturb or malign each other or the respective families of each
other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with him or her.
SECTION 1.14. MUTUAL RELEASES
Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for
all time to come, and for all purposes whatsoever, of and from the following:
Claims Against Property_ or Estate: Any and all right, title, interest and/or claims
in or against the other party, the property (including income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate, which he or she now has or at any time hereafter may have
against such other party, the estate of such other party or the property of the other
party or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other.
Dower, Curtesv, Widows Rights: Any and all rights and claims of dower or curtesy,
or claims in the nature of dower or curtesy or widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against
the spouse's will;
Life Time Conveyances: The right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the la~vs of (i) the Commonwealth of
Pennsylvania, (ii) any other State, Commonwealth or Territo~2/of the United States,
or (iii) any other country;
Marital Rights: Any rights which either party may have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, equitable distribution, costs or expenses, whether arising as a result of
the marital relation or otherwise.
E. Breach Exception: The foregoing shall not apply to all rights and agreements and
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obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof. It is the intention of Husband and Wife to
give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except and only except,
all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provisions thereof.
SECTION 1.15. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent defanlt of the same or similar nature.
SECTION 1.16. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party, any and all further instruments and/or
documents that the other party may reasonably require for the purpose of giving full force and effect
to the provisions of this Agreement.
SECTION 1.17. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
SECTION 1.18. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
SECTION 1.19. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith, (and within at least twenty
(20) days after demand therefor), execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable
for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree
should be so executed in order to carry out fully and effectively the terms of this Agreement.
SECTION 1.20. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall in no way af~:ct the right of such party hereafter
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to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any
other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same
or similar nature.
SECTION 1.21. BREACH
If for any reason either Husband or Wife fails to perform his or her obligations owed to or
for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the
other party shall have the following rights and remedies, all of which shall be deemed to be
cumulative and not in the alternative, unless said cumulative eft;ct would have an inconsistent result
or would result in a windfall of the other party:
Specific Performance: The right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall be reimbursed for all
reasonable attorney's fees and costs incurred as the result of said breach and in
bringing the action for specific performance.
Damages: The right to damages arising out of breach of the terms of this Agreement,
which damages shall include reimbursement of all reasonable attorney's fees and costs
incurred as the result of the breach and in bringing the damage action.
Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and
remedies that may hereafter be enacted by virtue of the amendment of said statute or
replacement thereof by any other similar laws.
D. Other Remedies: Any other remedies provided for in law or in equity.
Considerations for Reasonable Attorneys }tees: Any award of "reasonable
attorneys fees" as used in this Section shall be based on consideration of (1) the
hourly rate charged; (2) the services rendered; and (3) the necessity of the services
rendered. Determination of reasonableness shall not take into consideration the
amount or nature of the obligation sought to !be enforced or any possibility of
settlement for less than the obligation sought to be enforced by the non-breaching
party.
SECTION 1.22. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
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SECTION 1.23. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several sections, paragraphs and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
SECTION 1.24. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the following shall apply:
Prior Returns: Theparties have heretofore filed joint federal and state returns. Both
parties agree that in the event any deficiency in federal, state or local income tax is
proposed, or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any
such tax deficiency or assessment therewith. Such tax, interest, penalty or expense
shall be paid solely and entirely by the individual who is finally determined to be the
cause of the misrepresentations or failure to disclose the nature and extent of his or
her separate income on the aforesaid joint returns.
Current Returns: The parties shall file individual tax returns for the current tax year
and for every tax year hereafter.
SECTION 1.25. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4), years from the date of their divorce
all financial records relating to the marital estate, and each pmty will allow the other party access
to those records as may be reasonably necessary from time to time.
SECTION 1.26. MANNER OF GIVING NOTICE.
Any notice required by this Agreement shall be sent to a party at the address listed on page
1 above, or such other address as that party may from time to time designate and also to the
receiving party's attorney at the address listed in Section 1.08 herein, or to such other attorney and
at his or her address as that party may from time to time designate.
SECTION 1.27. EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full
force and effect and there shall be no modification or waiver of any of the ternas hereof unless the
parties, in writing, signed by both parties, execute a statement declaring this Agreement or any terna
of this Agreement to be null and void.
END OF SECTION I
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SECTION II
DISTRIBUTION OF PROPERTY
SECTION 2.01. FINAL DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set forth in this Agreement is
equitable and in the event an action in divorce has been or is hereafter commenced, both parties
waive and relinquish the right to divide and distribute their .assets and debts in any manner not
consistent with the terms set forth herein and further waive and relinquish the right to have the court
equitably divide and distribute their marital assets and debts. It is further the intent, understanding
and agreement of the parties that this Agreement is a full, final, complete and equitable property
division.
SECTION 2.02. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since
November 18,2001, the date of the parties' marital separatic,n, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she
were unmarried and each party hereby waives, releases, renounces and forever abandons any right,
title, interest and claim in and to said after acquired property of the other party pursuant to the terms
of this Section.
SECTION 2.03. WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release, renounce and forever abandon any
right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or
nature whatsoever previously, or in the future, received by the other party.
SECTION 2.04. AS IS CONDITION
Except as otherwise specifically herein provided, and with respect to the transfer of any
tangible assets provided for in this marital Agreement, the parties acknowledge that he or she have
had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and
separate property and he or she is fully aware of the condition of such tangible asset and is receiving
those assets in "as is" physical condition, without warranty or representation by or fi'om the other
party.
SECTION 2.05. PERSONAL PROPERTY
With respect to the tangible personal property of the parties including, but without limitation
with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household
equipment and appliances, tools, pictures, books, works of an: and other personal property ("the
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Personal Property"), the parties agree as follows:
Division: Husband and Wife do hereby acknowledge that they have previously
divided the Personal Property. Except as hereafter provided, Wife agrees that all of
the Personal Property in the possession of Husband shall be the sole and separate
property of Husband; and Husband agrees that all of the Personal Property in the
possession of Wife shall be the sole and separate property of Wife.
Exceptions to Division: The foregoing notwithstanding the parties agree that the
items of personal property set forth on Exhibit "B" attached hereto and to be made a
part hereof, shall become the sole and separate property of Wife. Husband shall
deliver the said items to a neutral location, to be designated and provided by Wife,
within fourteen (14) days of the date Husband receives notice of said designation.
Wife has not had the opportunity to inspect the items set forth on Exhibit "B" prior
to her execution of this Agreement and, therefore:, the provisions of Section 2.04 shall
not apply to said property.
Waiver: The parties do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect to the Personal
Property which shall become the sole and separate property of the other.
SECTION 2.06. VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or
both of the parties, identified on Exhibit"A", incorporated by reference hereto, ("the Vehicles") the
parties agree as follows:
Wife's Vehicle(s): The 1994 Ford Probe shall bethe sole and separate property of
Wife.
Husband's Vehicle(s): The 1997 Pick Up, 1986 Dodge, 1985 Honda Motorcycle,
1978 Suzuki Motorcycle, and the 1991 Trailer shall be the sole and separate property
of Husband.
Ce
Identification: Identification ora Vehicle herein shall include not only the Vehicle~
but also the sale or trade-in value thereof if it had been sold or traded in prior to the
date of this Agreement.
Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if
appropriate, for effectuating transfer as herein provided on the date of execution of
this Agreement and said executed titles shall be delivered to the proper party on the
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distribution date.
Title and Power of Attorney: For purposes of this Section the term "title" shall be
deemed to include "power of attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise.
Liens: In the event any Vehicle is subject to a lien or encumbrance the party
receiving the Vehicle as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible therefor, and said party further agrees
to indemnify, protect and save the other party hmmless from any and all liability, cost
and expense arising out of, or relating to, said lien or encumbrance.
Waiver: Each of the parties hereto does specitically waive, release, renounce and
forever abandon whatever right, title and interest they may have in the Vehicles that
shall become the sole and separate property of tlhe other party pursuant to the terms
of this Section.
SECTION 2.07. CHAINSAW ROAD/MONETARY PAYMENT
The parties are the owners of a certain tract of improved real estate known and numbered as
35 Chainsaw Road, Dillsburg, PA 17019, ("the Chainsaw Road Property") and which is
encumbered with two (2) mortgages owed to Halifax National Bank Mortgage, ("the Chainsaw
Road Property Mortgages"). With respect to the Chainsaw Road Property and the Chainsaw Road
Property Mortgages and the monetary payment due Wife, the parties agree as follows:
Conveyance: Husband shall prepare and deliver to Wife all documents in the usual
form including, but not limited to, the deed and typical title affidavit limited to the
best of her knowledge, conveying, transferring and granting to Husband all of Wife's
right, title and interest in and to the Chainsaw Road Property. Wife shall execute said
documents upon her receipt thereof, which doc'aments shall be held in escrow by
Wife's attorney pending the payment of the sum of $40,000.00 set forth below, at
which time the deed, title affidavit, and any other conveyancing documents shall be
delivered to Husband or Husband's attorney for recording and other disposition.
Liens, Encumbrances and Expenses: The conveyance set forth in Section 2.07,
Paragraph A. shall be subject to all liens and encumbrances including, but not limited
to, the lien of the Chainsaw Road Property Mortgages, real estate taxes and any other
municipal liens. The conveyance shall further be under and subject to any covenants
and restrictions of record. Wife hereby warrants and represents that she has taken no
action, either during the marriage or after the date of separation, that bas resulted in,
or that may result in, a lien or encumbrance on the Chainsaw Road Property, other
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than such liens or encumbrances that Husband has also incurred. Husband shall
hereinafter be solely responsible for the payment of the Chainsaw Road Property
Mortgages, real estate taxes, other municipal hens and any and all other expenses
associated with the Chainsaw Road Property, whether incurred in the past, present or
future, and shall indemnify, protect and save Wife harmless therefrom.
Payment of Chainsaw Road Property Mortgages: Husband represents and
warrants that all of the payments due under the Chainsaw Road Property Mortgages
are up to date, current and not in default. Husband further agrees that he will timely
pay all required payments under the Chainsaw Road Property Mortgages so that he
does no become in default of his obligations nnder the Chainsaw Road Property
Mortgages . In the event Husband fails to make timely payment of any of his
obligations under the Chainsaw Road Property Mortgages within thirty (30) days of
the date said payment is due under the terms of the Chainsaw Road Property
Mortgages, then at Wife's option and election, his right to refinance the Chainsaw
Road Property Mortgages provided in Section 2.07, Paragraph D below, shall
terminate upon said election, in which event, the provisions of Section 2.07,
Paragraph E shall apply, the same as the Refinance Period has ended as of the date of
Husband's or Husband's attorney's receipt or Wife's said notice of election without
Husband obtaining and settling on the Refinance Loan by that date.
Refinance: The following shall apply regarding: Husband's refinance the Chainsaw
Road Property Mortgages and the loan necessary to make Husband's payment of
$40,000.00 to Wife (herein the "Refinance Loan"):
Refinance/Costs: Husband shall refinance the Chainsaw Road Property
Mortgages and shall pay all of the costs of that refinance loan and any costs for
the loan to pay Wife the $40,000.00 payment herein provided. The costs of
Refinance Loan shall be paid by Husband.
Application: Husband shall make an application for the Refinance Loan
(which can be separate loans or a combined loan) within fifteen (15) days of
the date ofthis Agreement (herein the "Re finance Application"). Proofofthe
Refinance Application shall be provided to Wife or Wife's attorney within five
(5) business days of the date of the completion of the Refinance Application.
Refinance Settlement/S40,000.00 Payment: Husband shall complete and
hold settlement on the Refinance Loan within ninety (90) days of the date of
this Agreement, (herein the "Refinance Period"). At settlement thereon, but
in no event any later than ninety (90) days of the date of this Agreement,
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me
Husband shall pay Wife the sum of $40,000.00. Upon said payment, Wife's
Attorney shall release the deed to the Chainsaw Road Property to Husband.
Sale: The following shall apply to the sale of the Chainsaw Road Property in the
event Husband is unable to obtain and settle on the Refinance Loan within the
Refinance Period:
Listing and Sale: In the event Husband is unable or fails to secure the
Refinance Loan during the Refinance Period, then within ten (10) business
days after the end of the Refinance Period the Chainsaw Road Property shall
be listed for sale with a qualified real estate broker selected by Wife at a listing
price suggested by the Realtor to be based on and designed for a quick sale and
shall be sold at the best price obtainable, at the price and under the conditions
suggested by, and upon the advice of, the Realtor.
Distribution of Proceeds: At settlement on said sale the net proceeds after
payment of all normal and reasonable settlement costs and payment of all
existing liens, mortgages and encumbrances, shall be divided and distributed
as follows:
Payment to Wife: Payment to Wife of the amount of $40,000.00 plus
(+) any adjustments set forth in Section 2.07, Paragraph F.
B. Payment to Husband: Payment of the remaining balance to Husband.
Adjustments to Monetary Payment: The following adjustments shall be made to
the $40,000.00 payment due Wife:
Application Penalty_: If Husband does not apply for the Refinance Loan
within the Application Period, a penalty of $10.95 per day will be added for
each day of non-compliance commencing .an the first day after the end of the
Application Period and ending on the date the application for the Refinance
Loan is made, or the date the Chainsaw Road Property is listed for sale,
whichever shall first occur. That penalty amount will be added to the
$40,000.00 cash payment due Wife. The foregoing penalty shall not apply
to any delay in making the Refinance Application resulting from matters
beyond Husband's control and through no fault of Husband.
Sale Penalty: In the event Husband refuses to sign the listing agreement or
refuses to sign any documents necessary to sell the Chainsaw Road Property
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under the conditions and as required in Section 2.07, Paragraph E, a penalty
of$10.95 per day will be added for each day of non-compliance commencing
on the date his non-compliance commences and ending on the date he signs the
listing agreement or signs the documents necessary to sell the Chainsaw Road
Property. That penalty amount will be added to the $40,000.00 cash payment
due Wife. The foregoing penalty shall not apply to any delay in signing
the listing agreement or the documents necessary to sell the Chainsaw
Road Property resulting from matters beyond Husband's control and
through no fault of Husband.
Interest: If Wife is to receive her $40,0{)0.00 payment from the proceeds of
the sale of the Chainsaw Road Property instead of through the Refinance Loan,
then Husband shall pay Wife interest on her $40,000.00 payment, or any
outstanding portion thereof, at the rate of six (6%) percent per annum
commencing on the first day following the end of the Refinance Period, or the
date the Chainsaw Road Property is listed for sale, whichever shall first occur,
and ending on the date that the full monetary payment due Wife pursuant to
the terms of this Section is paid by Husband to Wife.
SECTION 2.08. SYCAMORE DRIVE PROPERTY
The parties are fifty (50%) percent owners of a certain tract of real estate known and
numbered as 6 Sycamore Drive, Bethany Beach, Delaware ("the Sycamore Drive Property"), which
is owned jointly with Husband's sister as the other fifty (50%) percent owner, and is unencumbered.
With respect to the Sycamore Drive Property the parties agree as follows:
Conveyance: Husband shall prepare and deliver to Wife all documents in the usual
form including, but not limited to, the deed and typical title affidavit limited to the
best of her la~owledge, conveying, transferring and granting to Husband all of Wife's
right, title and interest in and to the Sycamore Drive Property. Wife shall execute said
documents upon her receipt thereof, which documents shall be held in escrow by
Wife's attorney pending the payment of the sum of $40,000.00 set forth in Section
2.07 above, at which time the deed, title affidavit, and any other conveyancing
documents shall be delivered to Husband or Husband's attorney for recording and
other disposition.
Liens, Encumbrances and Expenses: The said conveyance shall be subject to all
liens and encumbrances including, but not limited to, the lien of the any mortgage,
real estate taxes and any other municipal liens. The conveyance shall further be under
and subject to any covenants and restrictions of :record. Wife hereby warrants and
represents that she has taken no action, either during the marriage or after the date of
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separation, that has resulted in, or that may result in, a lien or encumbrance on the
Chainsaw Road Property, other than such liens or encumbrances that Husband has
also incurred. Hnsband shall hereinafter be solely responsible for the payment of the
mortgages, real estate taxes, other municipal l:[ens and any and all other expenses
associated with the Sycamore Drive Property, wlhether incurred in the past, present or
future, and shall indemnify, protect and save Wife harmless therefrom.
SECTION 2.09. RETIREMENT AND PENSION PLANS
Except as hereafter provided, each of the parties does specifically waive, release, renounce
and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension
Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax
Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other
party, whether acquired through said party's employment or otherwise, identified on Exhibit "A",
incorporated by reference hereto, ("the Retirement Plans"). Hereafter, but except as hereafter
provided, the Retirement Plans shall become the sole and separate property of the party in whose
name or through whose employment said plan or account is held or carried. If either party
withdraws any sums from the Retirement Plans distributed to him or her pursuant to the ternas of this
Section, that party shall be solely liable for any and all taxes and penalties resulting from that
withdrawal.
The foregoing notwithstanding, Wife shall receive $35,000.00 from Husband's Plumbers and
Pipefitters Annuity to be paid to her as a tax free roll over of retirement benefits. To effectuate that
rollover the transfer of the $35,000.00 to Wife shall be marie by way of a qualified domestic
relations order (herein "QDRO") to be prepared by Husband's a~torney within thirty (30) days of the
date of this Agreement and entered by the Court in the above captioned case as soon as
administratively feasible. Said QDRO shall provide that:
Date of Entitlement: The $35,000.00 payment to Wife shall be as of the date of this
Agreement, and Wife shall be entitled to or assessed any earnings or losses thereon
from the date of this Agreement until the date the: transfer is made to her by the Plan
administrator.
IRA Rollover: If permitted by the terms of the Plumbers and Pipefitters Annuity
Plan said payment and benefits shall be roiled over into an IRA account in Wife's sole
name, which IRA was previously or is to be established by Wife.
SECTION 2.10. BANK ACCOUNTS, STOCK, AND IJI~E INSURANCE
The parties acknowledge and agree that they have previously divided to their nmtual
satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment
plans and life insurance cash value, identified on Exhibit "A", incorporated by reference hereto,
("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall
become the sole and separate property of Husband; and Husband agrees that all the Accounts held
in the name of Wife shall become the sole and separate property of Wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he
or she may have in the Accounts that are to become the sole', and separate property of the other
pursuant to the terms hereof.
SECTION 2.11. TAX PROVISIONS
The parties believe and agree that the division of property made to be made pursuant to the
terms of this Agreement is a non-taxable division of property between co-owners rather than a
taxable sale or exchange of such property. Each party promises not to take any position with respect
to the adjusted basis of the property assigned to him or her or with respect to any other issue which
is inconsistent with the terms of this Section on his or her applicable federal or state income tax
returns.
END OF SECTION II
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SECTION III
DISTRIBUTION OF DEBTS
SECTION 3.01. WIFE'S DEBTS
Wife represents and warrants to Husband that since the parties' marital separation she has
not contracted or incurred any debt or liability for which Husband or his estate might be responsible.
Wife further represents and warrants to Husband that she will not contract or incur any debt or
liability after the execution of this Agreement for which Husband or his estate might be responsible.
Wife shall indemnify and save Husband harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
SECTION 3.02. HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the parties' marital separation he has not
contracted or incurred any debt or liability for which Wife or her estate might be responsible.
Husband further represents and warrants to Wife that he will not contract or incur any debt or
liability after the execution of this Agreement for which Wife or her estate might be responsible.
Husband shall indemnify and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
SECTION 3.03. MARITAL DEBT
During the course of the marriage, Husband and Wife have incurred certain bills and
obligations and have amassed a variety of debts, identified on Exhibit "A", incorporated by
reference hereto ("the Marital Debts"), and it is hereby agreed, without ascertaining for what
purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows:
General Provision: Any debt herein described shall be deemed to include the current
balance owed on the debt. Unless otherwise hereto specifically provided, there shall
be no adjustment for the payment of any portion o:['the Marital Debts that a party may
have made prior to the execution of this Marital Agreement, wh~ther or not that debt
is specifically referenced in this Section.
B. Wife's Debts: Wife shall be solely responsible for the following bills and debts:
Specific Debts: The Members 1st Key Loar4 ATT Universal Card; Fleet credit
card; Chase Platinum MasterCard; First Card; Peoples Bank; Wife's 2001
Income Taxes.
Wife's Vehicle Loan(s): Any vehicle loan for Wife's Vehicle(s) as required
and set forth in Section 2.06 herein.
17-
Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting
from her withdrawal of funds from Wife's Retirement Plans set forth in Section
2.09 herein;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Wife's sole name, and not otherwise
provided for herein.
Husband's Debts: Husband shall be solely responsible for the following bills and
debts:
1. Specific Debts: The Local 520 Credit Card and the Discover Platinum Card
Husband's Vehicle Loan(s): Any vehicle loan for Husband's Vehicle(s) as
required and set forth in Section 2.06 herein.
Mortgage: The Chainsaw Road Property Mortgages and the cost of the
Refinance Loan as required and set forth in Section 2.07 herein;
Real Estate Expenses: Any and all expe. nses associated with the Chainsaw
Road Property as required and set forth iht Section 2.07 herein;
o
Real Estate Expenses: Any and all expenses associated with the Sycamore
Drive Property as required and set forth in Section 2.08 herein;
Taxes from Withdrawal of Retirement Fund~: Any and all taxes resulting
from his withdrawal of funds from Husband's Retirement Plans set forth in
Section 2.09 herein;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Husband's sole name, and not otherwise
provided for herein.
Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms herein
are not the responsibility of the other party.
Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party
can make any further charges thereunder, and if said charges are made in violation of
-18-
this Agreement, then the party incurring said charge shall immediately repay the same.
Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the
sole responsibility of the party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it as it becomes due and
payable.
No Further Joint Debt: From the date of this Agreement, each party shall only use
those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any remaining
accounts which provide for joint liability.
Refinance: In the event a party is assuming a liability for which the parties are jointly
liable, that party shall refinance the same within ninety (90) days of the date of this
Agreement so as to release the other party from any and all liability thereunder.
SECTION 3.04. INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify,
protect and hold the other party harmless from and against all any and all liability thereunder,
including, but not limited to, any attorney's fees and costs incurred by the other party as the result
of defending against the obligation and/or enforcing the provisions of this indemnification.
END OF SECTION III
19-
SECTION IV
COUNSEL FEES, ALIMONY AND SPOUSAL SUPPORT
SECTION 4.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or claim each may have, both
now and in the ~uture, against the other £or counsel fees, costs and expenses, except as specifically
set forth herein.
SECTION 4.02. ALIMONY AND SUPPORT
The parties hereto agree and do hereby waive any right and/or claim they may have, both now
and in the fitmre, against the other for alimony, alimony pendente lite, spousal support and
maintenance.
END OF SECTION IV
- 20 ~
SECTION V
CLOSING PROVISIONS AND EXECUTION
SECTION 5.01. COUNTERPARTS
This Agreement may be executed in counterparts, each of' which shall be deemed to be au
original, but all o£ which shall constitute one and the same agreement.
SECTION 5.02. FACSIMILE SIGNATURE
Each party agrees to accept and be bound by facsimile signatures hereto.
SECTION 5.03. BINDING EFFECT
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ
AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE
PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
signed sealed and acknowledged this Agreement the day and year below written, which Agreement
has been executed in various counterparts, each of which shall constitute an original.
~I~NNETH A. BORDN~R
Date: /¢/k~
(SEAL)
~ARG~IyET MARIE ~ORDNER
Date:
(SEAL)
-21 -
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
On this the /t)qD day of 2~t/f.~.2~, 2003, before me the undersigned officer,
personally appeared, Kenneth A. Bordner, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Agreement, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my/M'nd and notarial seal.
NOTARY PUB~d.C
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
KAREN $ CARTER
Notary Public
CIIY O~ H~Rffi~URG. DAUPHIN CNW
My C~ Expires Aug 6, 2007
COUNTYOF
SS.
On this the ~)O~k'day of (~)c..~ ~2k_/., [year], before me the undersigned officer,
personally appeared, Margaret Marie Bordner, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hav~heretm{9 set my hand. and notarial seal.
ion Expires:
Notafla Sea I
Diane G. Radcl~ff,, Notary Public
Camp Hill Bom C~mbefland County
My Commission Ex,)Ires Jan. 11, 2004
- 22 -
EXHIBIT "A"
MARITAL PROPERTY DISTRIBUTION SCHEDULE AND TERMS
MARITAL PROPERTY DISTRIBUTION' SCHEDULE
DESCRIPTION OF COMMENTS VALUE NET VALUE DISTRIBUTION DISTRIBUTION
PROPERTY OR LIABILITY TO HUSBAND TO WIFE
ITEM 1 REAL ESTATE #1
Halifax National Bank Agreed (46,346.17)
Mtg.
2® Mortgage #80608 Agreed (5,693.53)
Agreed 72,960.30 72,960.:30 I 72,960.30 I
Net
Equity
ITEM 2 REAL ESTATE #2
6 Sycamore Dr. IM°dified I 7'500'00 I 7'500'00 I 7'500'00 I
ITEM 3 VEHICLE #I
Wife's1994 Ford Probe I Modified I 2'692'501 2'692':;01 I 2,692.50
ITEM 4 VEHICLE #2
Husband's 1997 Pick up Modified 9,020.00 ~~///////~,~
Husband's M&T Loan Agreed (15,926.48)
Net Value Disputed (6,906.48) {6,906.48) I (6,906.48) I
ITEM 5 VEHICLE #3
Husband's 1986 Dodge I Agreed ] 0.00I 0.00I 0.00I
ITEM 6 VEHICLE #4
1985 Honda Motorcycle I Agreed I 840'001 840'00 I 840'00I
ITEM 7 VEHICLE #5
1978 Suzuki MotorcycleI Agreed I $0'001 0'001 0'001
ITEM8 VEHICLE#6
1991 Trailer I Agreed [ $0.00 I 0.00I 0.00I
- 23 -
MARITAL PROPERTY DISTRIBUTION SCHEDULE
I
DESCRIPTION OF ] COMMENTS
PROPERTY OR LIABILITY
ITEM 9 MONETARY ACCOUNT #1
Melnber's ist Jt. #40855 I Agreed
Snffix:l 1 Checking
I
ITEM 10 MONETARY ACCOUNT #2
VALUE
NET VALUE
DISTRIBUTION
TO HUSBAND
2,866.34 I 2,866.34
DISTRIBUTION
TO WIFE
2,866.34
Member's lS' Savings I Agreed I 2,039.37I
ITEM 11 MONETARY ACCOUNT #3
2,039.37
1,000.00 I
1,039.37
I
Member's 1s' Jt. # 40855 I Agreed
Suffix:02 Holiday Club
ITEM 12 MONETARY ACCOUNT #4
45.06
45.~)6
45.06
Members 1~' Jr. # 148173
Suffix:l 1 Checking
Agreed
503.16
ITEM 13 MONETARY ACCOUNT #5
503. [ 6
503.16
Member's I~' Jt. Savings [ Agreed
Account 148I 73
ITEM 14 PERSONALTY #1
354.27
354.27
354.27
WIFE TO RECEIVE ITEMS SET FORTH ON THE LIST IN THE COMMENTS SECTION BELOW
ITEM 15 PERSONALTY #2
ITEM 16 PERSONALTY #3
ITEM 17 PERSONALTY #4
ITEM 18 OTHER ASSETS #1
ITEM 19 OTHER ASSETS #2
1,753.58
- 24 -
MARITAL PROPERTY DISTRIBUTION' SCHEDULE
I
DESCRIPTION OF COMMENTS ] VALUE
PROPERTY OR LIABILITY
NET VALUE DISTRIBUTION DISTRIBUTION
TO HUSBAND TO WIFE
ITEM 20 DEBT#1
Local 520 Credit Card Agreed
Finance Charges
ITEM 21 DEBT #2
Members 1~' Key Loan
Finance Charges
ITEM 22 DEBT #3
Unknown
Unknown
Disputed
ATT Universal Card
Finance Charges
ITEM 23 DEBT #4
Unknown
Disputed
Fleet / Unknown
#54910000850964706
Finance Charges Disputed
ITEM 24 DEBT#5
(d,165.Sql (4.165.59
( 1,479.~~}) ]
(2(~ .'<9
(2(~( ..7 ;} i
Chase Platilmm
MasterCard
Disputed
ITEM 25 DEBT #6
Discover Platinum Card Unknown (504.91 } ~ ; ....
Finance charges Disputed ' '~, ,
ITEM 26 DEBT #7
First Card
Unknown
Finance Charges Disputed
ITEM 27 DEBT#8
Peoples Bank Unknown
Finance Charges Disputed
- 25 -
MARITAL PROPERTY DISTRIBUTION SCHEDULE
ITEM 28 DEBT#9
W's 2001 Income Taxes
ITEM 29.
DESCRIPTION OF I COMMENTS
PROPERTY OR LIABILITY
Disputed
RETIREMENT #I
VALUE I NET VALUE
DISTRIBUTION DISTRIBUTION
TO HUSBAND TO WIFE
ITEM 30. RETIREMENT #2
35'825'001 I 35,825.00
I
Wife's
Phico
401K Plan I Agreed
ITEM 31. RETIREMENT #3
Husband's Plumbers and I Agreed
Pipefitters Pension
ITEM 32. RETIREMENT #4
38'409'861 38'409'86 I I 38,409.86
Husband's Plumbers and Agreed I 62,899.48 I 62,899.48 I 27,899.48 35,000.00
Pipefitters Aimuity
WIFE'S $35,000.00 PAYMENT BY QDRO TO BE PREPARED BY HUSBAND'S ATTORNEY
TOTALS
TOTAL OF ASSETS AND LIABILITIES
I 282'618'37 I 181'905'941 100,712.43
ADJUSTMENT FOR CASH PAYMENT DUE WIFE FROM HUSBAND
Totals fi'om above 282,618.37 181,905.94 100,712.43
Cash payment due wife (40,000.00) 40,000.00
NET TO EACH PARTY 141,905.94 140,712.43
ADDITIONAL TERMS:
1. The assets would be divided in accordance with the foregoing distribution schedule. This
would result in:
A. Husband would receive the marital home and beach property;
- 26 -
B. Wife receiving a cash payment of $40,000.00;
C. Wife would receive $35,000.00 from Husband',,; annuity;
D. The Personal property would be divided as is except as provided below;
E. The remaining assets (except for personal property) remaining divided as is.
Husband would have fifteen (15) days from the date of the Agreement to make an application
to refinance the existing marital home mortgage and to secure funds to make the required
$40,000.00 cash payment. Proof of that application will be provided to Wife within five
business days of the date of application. If Husband does not apply for the mortgage within
the allotted fifteen (15) day time period, there will be a penalty added of $10.95 per day for
each day of non~compliance. That penalty amount will be added to the cash payment due
Wife.
The $40,000.00 cash payment due Wife will be made within ninety (90) days of the date of
the Marital Agreement or upon completion of refinancing, whichever shall first occur.
If Husband does not make the $40,000.00 cash payment within the ninety (90) day time
period, there will be a penalty $10.95 per day for each day of non-compliance. That penalty
amount will be added the cash payment due Wife.
If Husband does not make the $40,000.00 cash payment within the ninety (90) day time
period, the marital home will be listed for sale with a real estate broker designated by Wife
at the listing price designated by the broker designed for a quick sale and shall be sold at the
price and under the conditions suggested by the broker. If Husband refuses to sign the listing
or refuses to sell the property in accordance with the foregoing, there will be a penalty added
of $10.95 per day for each day of non-compliance. That penalty amount will be added the
cash payment due Wife. Upon sale and settlement, Wife will be paid the $40,000.00 plus
any penalty sums calculated as aforesaid. Husband will be paid the remainder of the
proceeds.
Wife will receive $35,000.00 from Husband's Plumbers and Pipefitters Annuity. That
payment will be made by a tax free roll over of benefits pursuant to a QDRO to be prepared
by Husband's attorney within thirty (30) days of the date of the Marital Agreement.
7. Wife will receive the following items of personal property from Husband within fourteen
- 27 -
(14) days of the date of the Marital Agreement:
A. TV that was a gift from Wife's parents;
B. VCR that was a gift from Wife's parents;
C. Quilt Rack;
D. Teddy Bear Picture
E. Oil Painting;
F. Mirror on Stand;
G. Surf Fishing Rod that was a gift to Wife from a friend, which fishing rod is not in
Husband's possession, but given back by him to the friend, and to be obtained by Wife
from that friend. Husband shall not be responsiible if the friend refuses to give that
fishing rod to Wife.
Husband will bring the past due mortgage payments owed to Halifax National Bank up to
date by the October 16, 2003 deadline refinance date.
-28 -
2.
3.
4.
5.
6.
7.
EXHIBIT "B"
PERSONALTY TO BE TRANSFERRED TO WIFE
PURSUANT TO SECTION 2.06
TV that was a gift from Wife's parents
VCR that was a gift from Wife's parents
Quilt Rack
Teddy Bear Picture
Oil Painting
Mirror on Stand
Surf Fishing Rod that was a gift to Wife from a friend, which fishing rod is not in
Husband's possession, but given back by him to the friend, and to be obtained by Wife
from that friend. Husband shall not be responsible if the friend refuses to give that
fishing rod to Wife.
- 29 -
MARGARET BORDNER
6.7,02. affidavit and waiver
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, BENNSYLVANIA
MARGARET BORDNER,
Plaintiff
Vo
KENNETH A. BORDNER,
Defendant
NO. 02 371 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDEK
SECTION 33011~] OF THE DIVORCE CODE
I consent to the entry of a final decree in divorce without
notice.
I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
I 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
correct. I understand
subject to the penalties of 18 Pa.C.S.
unsworn falsification to authorities.
Dated: /// ~ ./0~
statements made in this Waiver are true and
that false statements herein are made
Section 4904 relating to
rNNETH A. -BORDNER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET BORDNER, :
Plaintiff : NO. 02-371 CIVIL TERM
v. : CIVIL ACTION- LAW
KENNETH A. BORDNER, : 1N DIVORCE
Defendant :
TO THEPROTHONOTARY:
So
PRAECIPE OF TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a divorce decree:
GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301 (e) of the Divorce Code.
DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Date of Filing of Complaint: 01/22/02
b. Manner of Service of Complaint: Acceptance of Service by Attorney for Defendant
c. Date of Service of Complaint: 01/29/02
DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE
DIVORCE CODE:
a. Plaintiff: 7/09/03
b. Defendant: 11/07/03
OR
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE
DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE
DEFENDANT:
a. Date of Execution: N/A
b. Date of Filing: N/A
c. Date of Service: N/A
RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated November 7,
2003, which Agreement is to be incorporated into but not merged with the Divorce Decree.
DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO
TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED
OR
DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE
PROTHONOTARY:
a. Plaintiff's Waiver: 7/10/03
b. Defendant's Waiver: 11/12/03
,. /
~a4mSpTi~ii~l~ 1~ ~ ;7d011
Supreme Court ID # 32112
Phone: (717) 737-0100
UNDER SECTION 3301(D)(1)(I) OF THE DIVORCE CODE:
a. Date of Service: N/A
b. Manner of Service: N/A
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .~ PENNA.
MARGARET BORDNER,
Plaintiff
VERSUS
KENNETH A. BORDNER,
Defendant
NO. 0.2-371 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,~, 2005 , IT iS OrDEReD AND
DECReeD THAT MARGARET BORDNER
AND KENNETH A. BORDNER
,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;
No issues are outstanding. Ail issues have been resolved and settled by
the Parties' Marriage Settlement Agreement dated November 7, 2003, filed
of record and incorporated into, but not merged with, this Decree.
BY THE COURT:
PR
0
TH
~ + + ' + + + ++ ++ +++ + + q + + ++
MARGARET BORDNER,
Plaintiff
KENNETH A. BORDNER,
Defendant
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02 - 371 Civil Term
CIVIL ACTION - LAW
iN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER.
WHEREAS, Kenneth A. Bordner (the "Husband") and Margaret Bordner (the
"Wife") were married on May 18, 1985 and separated on November 18, 2001; and
WHEREAS, Husband and Wife entered into a comprehensive Marital Agreement
dated November 7, 2003 (the "Marital Agreement"); and
WHEREAS, a decree in divorce concerning Husband and Wife was entered by
the Court of Common Pleas of Cumberland County, Pennsylvania on November 26,
2003; and
WHEREAS, Husband (the "Participant") has a retirement account with the
Plumbers and Pipefitters Local No. 520 Annuity Fund (the "Plan"), as the same may be
amended from time to time; and
WHEREAS, Participant agreed, pursuant to the Marital Agreement, that Wife (the
"Alternate Payee") will receive from Participant's retirement account in the Plan the
sum of Thirty-five Thousand and 00/1.00 ($35,000.00) dollars, plus or minus such
portions of any earnings or losses on said amount from November 7, 2003, until the
amount is made available to the Alternate Payee, as a tax free rollover to Wife; and
WHEREAS, counsel for Participant and counsel for Alternate Payee have
acknowledged that this Qualified Domestic Relations Orcler is being made pursuant to
the Domestic Relations Law of the Commonwealth of Pennsylvania and it relates to the
provisions being made for the Alternate Payee relation to her marital property rights and
in accordance with the Marital Agreement; and
WHEREAS, it is intended that this Order shall qualify as a Qualified Domestic
Relations Order under the Retirement Equity Act of 1984, and the provisions hereof
shall be administered and interpreted in conformity with such act; and
WHEREAS, Participant acknowledges that: (1) he is a participant under the Plan
and is entitled to the distribution described in this Order and such distribution is a type
and form of distribution provided for under the Plan; (2) this Order does not require the
Plan to provide any increased benefit; and (3) this Order does not require the payment
of benefits to the Alternate Payee that are already required to be paid to any other
person under any order previously determined to be a Qualified Domestic Relations
Order.
The following facts are required to be stated under Section 414(p)(2) of the
Internal Revenue Code:
1. Participant. The name, address and social security number of the Participant is
Kenneth A. Bordner, 35 Chainsaw Road, Dillsburg, PA 17019; social security
number 191-46-1826.
2. Alternate Payee. The name, address and social security number of the Alternate
Payee is Margaret A. Bordner, 351B Bethel Church Road, New Cumberland, PA
17070; social security number 209-50-9737.
3. Plan. The Plan to which this Order applies is the Plumbers and Pipefitters Local
No. 520 Annuity Fund, as the same is amended from time to time.
4. Plan Administrator. The Plan Administrator that administers the Plan is D. H.
Evans Associates, Inc. 2207 Forest Hills Drive, Suite 14, P.O. Box 6480,
Harrisburg, PA 17112-0840.
5. Impendinq Divorce. The parties were married on May 1, 1985. A Decree in
Divorce has been granted subject to the Court's entry of a Qualified Domestic
Relations Order regarding the Participant's interest in the Plan.
6. Alternate Payee's Benefit. The amount of the Participant's benefit to be paid to
the Alternate Payee is Thirty-five thousand and 0(:)/1.00 ($35,000.00) Dollars,
plus or minus such portion of the investment experience, including interest,
dividends, gains, losses and realized appreciation and depreciation as is
applicable to Participant for the period beginning November 7, 2003 and ending
on the date of payment.
Payment to Alternate Payee. The amount to be paid to the Alternate Payee
pursuant to paragraph 6 above, shall not be paid directly to the Alternate Payee;
but, as soon as administratively possible, such amount shall be paid in a single
lump sum distribution through a tax free roll over to the following individual
retirement account, which is represented by the Alternate Payee to be eligible to
receive this transfer:
IRA Plan Administrator: Wachovia Securities
Address:
Wachovia Securities LLC
Investment Securities
NCl131
1525 West W.T. Harris Boulevard
Charlotte, NC 28262
IRA Account Number: 16506511
The Alternate Payee intends to complete the withdrawal forms of the Plan to
effectuate any such transfer. Alternate Payee shall be solely responsible for any
tax effects relating to the payment of the Alternate Payee's benefit.
8. Intent of this Order. The Participant, the Alternate Payee and the Court intend
this Order to be a Qualified Domestic Relations Order under the Retirement
Equity Act of 1984, do not intend to require the Plan to provide any type of form
of benefits or any option not otherwise provided by the Plan, nor shall the Order
require the Plan to provide for increased benefits not required by the Plan or as
set forth herein. In the event this Order is held not to be a Qualified Domestic
Relations Order within the meaning of Section 414(p) of the Internal Revenue
Code, the parties agree to submit to and request this Court to modify the Order to
make it a Qualified Domestic Relations Order in such manner that will reflect the
parties' intent as herein expressed and as set forth in the Marital Agreement.
The Court hereby retains jurisdiction in this matter to effectuate such stated
intent.
9. Division of Marital Asset.. This Order is issued pursuant to Sections 3323 et seq.
of the Domestic Relations Code of the Commonwealth of Pennsylvania, which
relates to the division of marital property rights as defined therein between
spouses and former spouses and actions for divorce.
IT IS HEREBY ORDERED, that the Plan Administrator shall pay to the Alternate
Payee the sum described in paragraph 6 above and in the manner set forth in
paragraph 7 above.
It is further ordered that Participant shall cooperate with the Alternate Payee in
obtaining a distribution from the Plan to the Alternate Payee of Alternate Payee's
interest created pursuant to this Order, at the earliest time and shall take all action
reasonably requested of Participant in furtherance thereof.
It is further ordered that: (a) until Alternate Payee has been paid in full from a
sum equal to the dollar amount required to be paid to Alternate Payee in paragraph
6 above, Alternate Payee shall be treated under the Plan as the surviving spouse of
the Participant with respect to the amount to which Alternate Payee is entitled
hereunder; (b) Participant shall make no election inconsistent with this Order
concerning benefits provided to the Alternate Payee under this Order and the Plan
Administrator shall not recognize any election or beneficiary designation by the
Participant inconsistent herewith; and (c) the death benefit payable to Alternate
Payee as Participant's surviving spouse upon Participant's death, if any, shall be
payable to the extent of the Alternate Payee's entitlement to benefits as provided
herein. The Participant and the Alternate Payee shal~ sign beneficiary designation
forms and other election forms with respect to benefits payable under the Plan
consistent with this Order. The Plan Administrator shall not take any action that will
cause any sum due Alternate Payee or her beneficiary to be paid to any other
person or entity under any circumstance.
It is intended this Order shall be a Qualified Domestic Relations Order under the
Retirement Equity Act of 1984 and the Internal Revenue Code. The Court retains
jurisdiction to amend this Order as may be necessary to establish or maintain its
status as a Qualified Domestic Relations Order.
EYTHE COURT:
Dated:
WITNESS:
Consented to:
Margare't~rdner
Cennetl~ A. Bordner
F:~sjd\1033 - Bordner, Kenneth A. \711748 - Domestic Relations\Documents\Qualifie''~ Domestic Relations Order.doc