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HomeMy WebLinkAbout05-2696 f Andrew c. sheely, Esquirr~ 127.S. Market Street P.O. Box 9S Mechanicsburg, PA 17055 PA 1D NO. 62469 7~7-S97-7050 (Phone) 717-697-7065 (Fax) RUSSELL E. DANIELS, Plaintiff IN THE COURT OF COMMON PJ"EAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN B. DANIELS, Defendant 05 -;1.(, q ~ CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation with your children. When the ground for the divorce lS indignities or irretrievable breakdown of the marriage, you may request. marriage counseling. A list of marriage counselors is available in the Office of the prothonotary at the Cumberland County Courthouse, Carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 BY Att~f~l~re PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff r Andrew c. Sheely, Esquire 127~S. Market street P.O. Box 95 Mech~nicsburgf PA 17055 PA 10 NO. 62469 717-597-7050 (Phone) 717-697-7065 (Fax) . RUSSELL E. DANIELS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN B. DANIELS, Defendant 05 - .l&9t- CIVIL TERM IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is RUSSELL E. DANIELS, an adult individual who currently resides at 1093 Pebble Ct. Mechanicsburg, Cumberland County, pennsylvania. 2. Defendant is KATHLEEN B. DANIELS, an adult individual who resides at 6343 Creekview Drive, Mechanicsburg, Cumberland county, pennsylvania. 3. plaintiff and Defendant have been bona fida residents of the Commonwealth of pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 3, 1990 in North Plainfield, New Jersey. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. . 8. The marriage between the parties is irretrievably broken. 9. This action is not collusive. 10. The parties separated on or about December 1, 2004. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. Respectfully submitted, Date: Mayl'i, 2005 A=~~y~::f;J- Attorney for PlaintifE PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 2 . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: May , 2005 ,/1 ,". ~ 2!/~Y'/f(fi~/~ Russell E. Daniels . . Andrew c. sheely, Esquir8 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 7:7-597-7065 (Fax) RUSSELL E. DANIELS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 05 - :l(.1(. CIVIL TERM KATHLEEN B. DANIELS, Defendant IN DIVORCE AFFIDAVIT Russell E. Daniels, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. /;;2~~4/A2>a2~~~ Russell E. Daniels C'~. :--:! ~ ,"',~ ~\\. ~ ~- - 0-' - '" ~ :Ut; -R ~. --....... -t.. t::; ~ "\ ~ ~ ~\ Andrew c. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA 10 NO. 62469 717-697-7050 (Phone) 717-597-7065 (Fax) RUSSELL E. DANIELS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KATHLEEN B. DANIELS, Defendant 05 - 2696 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Kristopher T. Smull, Esquire, of the firm Maria P. Cognetti & Associates, hereby accept service of the divorce complaint on behalf of Kathleen B. Daniels, Defendant, and further certify that I am authorized to do so in accordance with ~A. R.C.P No. 402 (b). Date: May 7l\, 2005 Kris opfi Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 r-? ,~--. '"' '~:..rl - ;"::- ", " -, (/-) v' .< MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney LD, No, 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Defendant RUSSELL E. DANIELS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-2696 KATHLEEN B. DANIELS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 24, 2005. 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date ofthe filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees ur expenseS in do not claim them before the divorce is !,>Tanted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities, Date: g J 2<) )0 S- Uu () ....' 0 G.~ C ;::;::,;" -n c.M .. .-1 ( ~... :J:-n c:: I en j"1'r:=:: -nrn ,,> :e)<:( u:J ('~~t ~~, ::::t: '~;C) ~ ::-)l"'il ~ '""" - ~D <::> '< - MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney LD, No, 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Defendant RUSSELL E, DANIELS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-2696 KATHLEEN B, DANIELS, Defendant CNIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, S 4904 relating to unsworn falsification to authorities. Date: tI2~/OS- Quc LG~' "'> g en ~ N \.0 9 ~ -l :C.." rt1p -(JOJ :uy t-) ...~, '~::.j~/, .~ -r~ >:)('') '-:.,Tl ,) ~=-\ -, ~ ~~ -", o Andrew C. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RUSSELL E. DANIELS, Plaintiff vs. . IN THE COURT OF COMMON PLEAS OF . . CUMBERLAND COUNTY, PENNSYLVANIA . . . : CIVIL ACTION - LAW : : 05 - 2696 CIVIL TERM : . IN DIVORCE . KATHLEEN B. DANIELS, Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ~~)~ / I -") ~ 7~~A22___ -- Russell E. Daniels ...., = = en """ c:: en ('..) \.D o -n ~:o -or:;:; :UC:J (-, : ~::jr? ;1. -1'i >~('5 (3m :i;! :-.0 -< :ca ::....~ S-~ C> Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Meohanicsburg, PA 17055 PA tD NO. 62469 717-697-7050 (Phone) 717-697-7065 (FaX) RUSSELL E. DANIELS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : KATHLEEN B. DANIELS, Defendant : 05 - 2696 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301 (C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification DATE: rylr to the authorities. ~flt2~ Russell E. Danie s - () "> = ~ c = en :"'-. """ :r .. r: <::..-:: n1j!! <.-;, N -om ''-]5:' '-0 " ~::i ~v~ :r_~ ,:-- :!J :J?: 'c:;?C) SO ,;'.,)rn -2: 22 5j -~" c:::' -< POST NUPTIAL SEPARATION AND PROPERTY SETTLEMENT AGREEMENT ,') If 'f" THIS AGREEMENT, made this ~ day of May, 2005, by and between RUSSELL E. DANIELS, hereinafter referred to as "HUSBAND", and KATHLEEN B. DANIELS, party of the second part, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on November 3, 1990, in North plainfield, New Jersey, and having separated on or about December 1, 2004; and WHEREAS, there are two children to this marriage, namely Megan J. DanielS (D.O.B. 11/15/90) and Kryathin C. Daniels (D.O.B. 9/13/93); and WHEREAS, certain differences have arisen by and between HUSBAND and WIFE as a result of which they are currently separated 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; and WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as , amended, 23 P.S. 3101 et seq., and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: l. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Husband and Wife acknowledge that Andrew C. Sheely, Esquire, lS counsel for Husband and that Maria P. Cognetti, Esquire Esquire is counsel for Wife. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned 2 or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland county, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose or deem fit. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall annoy the other or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relinquishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relinquishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of 3 actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5. MARITAL AND NON-MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and the increased value of non-marital assets and property, including the following: (A) Jointly owned Real Estate located at 6343 Creekview Road, Mechanicsburg (Township of Hampden), Cumberland County, pennsylvania, with an estimated value of $465,000.00; and (B) Jointly owned Janus Mutual Fund Account Number 201598624 with an estimated pretax value of $12,500.00; and (C) Jointly owned Footlocker Stock (52 shares) with an estimated value of $1,200.00; and (D) Husband's Janus IRA account number 306138926 with an estimated pre-tax value of $4,000.00; and (E) Husband's PRS 401 (k) Retirement Account P505500040 with an estimated pretax value of $23,000.00; and (F) Husband's TlAA CREF Retirement Account U3505460 with an estimated pretax value of $41,000.00; and (G) Husband's Schwaab 401(k) retirement account number 102577000012277 with an estimated pretax value of $52,000.00; and (H) Wife's PSERS vested retirement account with an estimated cash surrender, pre tax value of $41,000.00; and (I) Wife's vanguard 403(b) Retirement Account Number 9905594528 with an estimated pretax value of $33,000.00; and 4 (J) Wife's Janus IRA account number 203021340 with an estimated pretax value of $5,200.00; and (K) Jointly owned Glaxowelcome stock (42.5339) shares with an estimated pretax value of $1,800.00; and (L) Increase in value of Husband's Shire Pharmacy Stock acquired prior to marriage with an estimated value of $2,885.00; and (M) Increase in value of Husband's PPL Common Stock (261) shares acquired prior to marriage with an estimated value of $12,400.00; and (N) 2003 Ford Explorer with an estimated surrender or trade value of $17,000.00; and (0) 1993 Accura Legend with an estimated value of $3,500.00; and (P) Wife's Longaberger Basket collection with an estimated value of $5,000.00; and (Q) Wife's jewelry acquired in marriage with an estimated value of $20,000.00; and (R) Miscellaneous personal property, including furniture, personal items, dishes, tools, eleotronics jewelry, increase in value'of non-marital property, equipment, coins and cash, with an estimated value of $8,500.00; and (S) (Debt) Citizen's Bank line of credit (debt) account number 060-00006057984394 with an estimated payoff of $240,000.00; and (T) (Debt) Ford Credit company (debt) with an estimated payoff balance of $17,000.00. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, and relevant case law, to obtain formal valuations or appraisals of the marital residence, any and all retirement assets, and all other items of marital property. However, the parties agree that they will not undertake this expense and 5 acknowledge that no financial disclosures are attached to this agreement as separate exhibits or schedules. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and qQmplete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obligations as provided in the Divorce Code of 1980, as amended. 6. PERSONAL PROPERTY Husband and Wife hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possessions of each of the parties hereto. Husband and Wife agree that they have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, excepting Husband's John Deere tractor and 17 foot Grumman Canoe. Husband and Wife agree that Husband may maintain the John Deere tractor and 17 foot Grumman Canoe at the former marital residence for a period not to exceed one year after execution of this Agreement, at no charge to Husband. Wife agrees that sQe shall make the John Deere tractor and 17 foot Grumman Canoe available to Husband at his reasonable request within said one year period. In the event Husband fails to remove the John Deere tractor and canoe within one year from the date of this Agreement, Wife shall be permitted to maintain such items. Husband and Wife agree that Wife shall maintain items 6 identified in paragraph 5 (Pl, namely Wife's Longaberger Basket collection with an estimated value of $5,000.00, Paragraph 5 (Q), namely wife's jewelry acquired in marriage with an estimated value of $20,000.00. With the exception of the John Deere tractor and the 17 foot Grumman Canoe, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 7. REAL ESTATE 6343 Creekview Road. Mechanicsburg. (i) Transfer Husband agrees to transfer by deed, any and all legal or equitable right, title and interest in and to the parcel of jointly-owned real estate with improvements thereon situate at 6343 Creekview Road, Mechanicsburg, Township of Hampden, Cumberland County, Pennsylvania, to Wife, and to sign all documents necessary to effect said transfer of any equitable or legal interest in such property to Wife on or before the signing of this Agreement. Husband understands that his execution of a deed is necessary to allow Wife to comply with the terms and conditions of this Marital Agreement. Husband and Wife recognize that the transfer of real estate contemplated herein will result in Wife receiving equity in the former marital residence of approximately $225,000.00. (ii) Responsibilities of Wife (a) Existing Line of Credit, liens and taxes, etc. 7 Wife agrees to satisfy and save Husband harmless from any obligation which he may be liable as a result of a line of credit loan identified above in paragraph 5 (S) with Citizen's Bank with an approximate payoff of $240,000.00. Wife further agrees that she will indemnify Husband on account of any obligation including, but not being limited to, any credit line payment or other payment due Citizen's Bank, any additional loans which Wife may encumber the marital residence, any and all municipal liens, real estate taxes, sewer and water assessments, fire and casualty insurance, and utilities. (b) Refinance and sale/transfer Within a period of one (1) year from the date of execution of this Agreement, Wife agrees to satisfy in full the Citizens Bank credit line in paragraph 5 (S) (through refinancing or any other method of payment). In the event that Wife has not fully satisfied the Citizens Bank home equity loan or line of credit identified in paragraph 5 (S) above one (1) year period from the date of execution of this Agreement, Wife agrees that she shall immediately list the former marital residence for sale and that she shall continue to market the real estate and improvements until sold. In the event Wife has not sold the real estate and improvements within a period of four (4) months after listing the property for sale, Wife agrees that she will accept an offer on the marital residence at a price equal to the value listed in paragraph 5 (a) above. All proceeds from the sale of the residence shall be retained by wife without claim from Husband. (iii) Capital Gains Tax Husband and Wife further agree that Wife shall assu~e any and all liability for any capital gains taxes which may be assessed hereafter as the result of a sale of 6343 Creekview Road, Mechanicsburg, Township of Hampden, Cumberland County, pennsylvania, by qualifying for an exemption or by paying any taxes due, if applicable. 8. Distribution of Retirement Accounts Husband and Wife agree that the parties retirement accounts identified and valued 8 in paragraph 5 above shall be distributed and divided as follows: A. Retirement Accounts to be maintained and owned by Husband (i) Paragraph 5 (D) Husband's Janus IRA account number 306138926 with an estimated pre-tax value of $4,000.00; and (ii) paragraph 5 (E) Husband's PRS 401 (k) Retirement Account number P505500040 with an estimated pre-tax value of $23,000.00; and (iii) paragraph 5 (F) Husband's TIAA CREF Retirement Account U3505460 with an estimated pre-tax value of $41,000.00; and (iv) paragraph 5 (G) Husband's Schwaab 401(k) retirement account number 102577000012277 with an estimated pre-tax value of $52,000.00; (v) paragraph 5 (L) Increase in value of Husband's Shire Pharmacy Stock and original stock acquired prior to marriage with an estimated value of $2,885.00; and (vi) paragraph 5 (M) Increase in value of Husband's PPL Common stock (261) shares and original stock acquired prior to marriage with an estimated value of $12,400.00; and B. Retirement Accounts to be maintained and owned by Wife (i) Paragraph 5 (H) Wife's PSERS vested retirement account with an estimated cash surrender, pre-tax value of $41,000.00; and (ii) paragraph 5 (I) Wife's an estimated vanguard 403(b) Retirement pre-tax value of $33,000.00; Account Number with and (iii) Paragraph 5 (J) Wife's Janus IRA account number 203021340 with an estimated pre-tax value of $5,200.00; and (iv) paragraph 5 (B), the jointly owned Janus Mutual Fund Account Number 201598624 with an estimated pretax value of $12,500.00, and Husband shall use reasonable efforts to effectuate said transfer within thirty days after execution of this Agreement; and 9 " (v) Paragraph 5 (C), the jointly owned footlocker stock (52 shares) with an estimated value of $1,200.00, and Husband ~r . shall use reasonable efforts to effectuate said transfer within thirty days after execution of this Agreement; and (vi) paragraph 5 (K), the jointly owned Glaxowelcome stock (42.5339) shares with an estimated pretax value of $1,800.00, and Husband shall use reasonable efforts to effectuate said transfer within thirty days after execution of this Agreement 9. 2004 Federal and State Tax obligations Husband and Wife acknowledge that they shall file a joint Federal Income Tax return for tax year 2004 and file separate returns for each year thereafter. Any and all federal or state income taxes due for tax year 2004 shall remain a joint obligation of the parties until fully satisfied and Husband and Wife, and any refunds returned to the parties shall be equally divided between Husband and Wife and any ongoing liability shall be equally assumed by Husband and Wife. 10. MOTOR VEHICLES a. 2003 Ford Explorer. Husband and Wife agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 2003 Ford Explorer or the proceeds thereof, if any. Further, Wife agrees that she shall hold Husband harmless from any liability associated with 2003 Ford Explorer, including but not limited to paying all monthly payments on such vehicle in the amount of $490.00, and Wife shall hold Husband harmless from the current loan encumbering the title to the 2003 Ford Explorer in the amount of $17,000.00 as identified in paragraph 5 (T). b. 1993 Acura Legend Husband and Wife agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 1993 Acura Legend or the proceeds thereof, and that he shall hold Wife harmless from any liability associated with such motor vehicle. 10 .' c. Titles of the motor vehicles described above shall be transferred to the party receiving the motor vehicle within thirty (30) days after execution of this Agreement, if applicable. 11. MISCELLANEOUS (A) Checking/Savings Accounts The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit, owned by them jointly or singly, have been divided to their mutual and individual satisfaction. (B) Life Insurance Policies The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies without interference from the other party. The parties further acknowledge that all life insurance policies owned or paid by them are term policies and have no cash values. (C) Intent of Division The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (D) Additional debts Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A 11 .' liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 12. TEMPORARY SPOUSAL SUPPORT (a) Husband and Wife agree that Husband shall pay Wife as temporary spousal support the sum of THREE HUNDRED FIFTY DOLLARS ($350.00) PER MONTH, payable on JUNE 1,2005 and continuing through AUGUST 31, 2005 or upon the entry of a Decree of Divorce, whichever occurs first, whereupon payments required under this paragraph 12 shall terminate. (b) Husband and Wife hereby acknowledge that spousal support required pursuant to this paragraph 12 shall not be subject to any increase or decrease in amount and/or duration. (c) This Agreement has been negotiated on the agreement that the spousal support payments described in this Paragraph 12 will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph 12, to the extent permitted by law, shall constitute uperiodicu payments payable by reason of the umarital or family relationshipu of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be included in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife agrees to report payments received under this Paragraph 12 in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely .responsible for any and all income taxes with respect to any payments received by her as alimony as required by this Paragraph 12. 12 13. ALIMONY (a) Amount and Term. In recognition of the criteria set forth in 23 Pa. Cons. Stat. Ann., S 3701 et seq., Husband agrees to and shall pay to Wife as alimony the sum of THREE HUNDRED FIFTY DOLLARS ($350.00) PER MONTH, payable on the first day of each month, commencing on SEPTEMBER 1, 2005 and continuing through DECEMBER 31, 2006. Husband and Wife shall cooperate with setting up bank or other accounts so as to provide for the payment of alimony herein by automatic or electronic transfer to Wife's bank or other account as directed by Wife. In the event electronic transfer is not available, nothing herein shall prevent such payment to be made directly from Husband to Wife by check or money order. A proposed Alimony Order is attached hereto as Exhibit "A". (b) Husband and Wife hereby acknowledge that Alimony shall not be subject to any increase in amount and/or duration, and that Alimony shall be subject to a decrease in amount and/or duration only in the event of one of the following: (i) In the event Husband's employment income is involuntarily decreased or reduced below $90,000.00 per annum, at no fault of husband, the alimony amount set forth above shall be reduced pro-rata; and/or (ii) In the event of Husband's disability or Husband is disabled, alimony shall cease for the period of disability during which Husband is disabled, and shall resume upon Husband's recovery for the duration of the remaining number of months for which alimony payments were suspended as a result of such disability. For purposes of this subparagraph, "disability" or "disabled" means that Husband shall have physical, mental or emotional limits caused by a current sickness or injury, and due to these limits, Husband is not able to perform the major duties of his current occupation or any gainful work in the area of his current occupation and established level of income. Disability or Disabled shall not include any period where Husband performs any work for a wage or profit, where Husband earns or is able to earn income in an amount greater than an amount paid by disability insurance policy, or where Husband is able to work for 40 13 hours per week. In no event shall Husband' voluntary loss of his professional or occupational license constitute a disability. (c) Death In the event of the death of either party, alimony shall terminate; and/or (d) Remarriage In the event of the remarriage of Wife, or wife's cohabitation with a unrelated person of the opposite sex, alimony shall terminate. (e) Termination Alimony shall forever cease as of December 31, 2006, provided Husband is current on all payments as required hereunder. (f) No claim against Husband's Estate alimony payments be construed as a claim upon or Estate. (g) Tax Consequences This Agreement has been negotiated on the agreement that the alimony payments described in this paragraph 13 will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this paragraph 13, to the extent permitted by law, shall constitute "periodic" payments payable by reason of the "marital or family relationship" of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be included in wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife agrees to report payments received under this Paragraph 13 in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for any and all income taxes with respect to any payments received by her as alimony as required by this Paragraph 13. (h) Court Order Husband and Wife agree that this Agreement shall be reduced to an Order of Court and entered as part of the Decree in Divorce, and both parties shall cooperate in reducing such to an Order of Court, if required or demanded. In no event shall such against Husband's 14 14. HEALTH INSURANCE: Husband and Wife acknowledge that both parties shall assume full responsibility for his or her health insurance without further claim of the other party upon the entry of a final decree in divorce. However, nothing herein shall prevent Husband or Wife from seeking health insurance through COBRA, to the extent such is currently available through the parties employers. 15. SUPPORT FOR CHILDREN The parties hereto acknowledge that Wife's net monthly income or earning capacity is approximately $3,800.00 per month and that Husband's current net monthly income is approximately $6,500.00 per month. The parties combined net monthly incomes total approximately $10,300.00. Based upon a combined monthly income of $10,300.00, support obligation of both parties equals approximately $2,381.00 per month for two children. Husband's percentage of the combined monthly income equals approximately sixty-three percent (63%) and Wife's per- centage of the combined monthly income equals approximately thirty- seven percent (37%). Husband and Wife receive an amount of $600.00 per month per child from Cumberland County Children and Youth Service for the support of the minor children. Husband's basic child support obligation, based upon the parties current incomes and number of children, equals approximately $1,500.00 per month. In light of a credit given to Husband of $756.00 per month, Husband and Wife agreement that Husband's support monthly support obligation shall be set at $900.00 per month for the support of the two children. In addition, Husband and Wife acknowledge that Husband will continue to provide health insurance through his employer for the benefit of the minor children. Unreimbursed medical expenses that exceed $250.00 annually per child shall be paid 63% by Husband and 37% by Wife. Wife is responsible to pay the first $250.00 annually per child in unreimbursed medical expenses. Within thirty (30) days 15 .' , after execution of this Agreement, Husband shall submit to Wife written proof (health insurance card) that medical insurance coverage is in existence. In the event Husband unreasonably fails to make a child support payment in accordance with this Agreement on or before the first (1st) day of each month, this Agreement shall be submitted to the Domestic Relations Office of Cumberland County or any other county with appropriate jurisdiction for enforcement purposes. In such event, each party agrees to execute any documents as are required by the Domestic Relations Office to effectuate the terms of this Agreement. Wife shall deposit all checks paid by Husband as child support within seven (7) days from receipt of such amount. The parties hereto acknowledge that all issues concerning the support of the minor children are presently resolved without the necessity of attending a formal child support conference. Notwithstanding the present circumstances and the terms of this Agreement, Husband and Wife understand and acknowledge that circumstances may necessitate an adjustment in the amount of support either upwards or downwards, depending upon the child's circumstances and the respective incomes or earning capacities of the parties hereto in accordance with general support standards. In the event Husband and Wife cannot agree upon the amount of child support at any time hereafter, Husband and Wife agree that nothing set forth in this paragraph or this Marital Property and Settlement Agreement shall pre- judice the right of either party to file a petition for modification or entry of an amount of child support, at any time, in any Court of appropriate jurisdiction. It is the specific intent of the parties that this Agreement is designed to avoid the present filing of formal child support proceedings only, and any future award of child support will be governed by the applicable support guidelines and case law, whether or not such determination results in an increase or decrease as to any amount agreed upon herein. 16. EXISTING TUITION ASSISTANCE PROGRAMS (TAP FUNDS) Husband and Wife agree and acknowledge that Husband is 16 " . currently the custodian under several funds established for the benefit of the parties minor children, namely (a) Pennsylvania Tuition Account Program Account Number 0000507600, beneficiary Megan J. Daniels, with an account balance of approximately $11,960.00; and (b) pennsylvania Tuition Account Program Account Number 0000507612, beneficiary Kyrathin C. Daniels, with an account balance of approximately $11,675.00. Husband and Wife agree that Husband shall transfer his custodial interests in such accounts or plans to wife and that Husband shall use his best efforts to accomplish said transfers within thirty (30) days after execution of this Agreement. Wife agrees to cooperate with completing all required forms, letters of instructions and documents to effectuate said transfers. 17. CUSTODY Husband and Wife agree and acknowledge as follows: (A) Mother and Father shall have shared legal custody of the children, meaning that both parents shall make joint decisions concerning the child's education, serious medical decisions affecting the child and religious instruction; and (B) Mother shall have primary physical custody of the child; and (C) Mother and Father agree that Father shall have periods of partial physical custody other times as the parties may agree. 18. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and discharged and by this Agreement does for himself or herself, and his or her 17 .' . heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. 19. SUBSEQUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common pleas of Cumberland County, pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be and is/are not contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended, to terminate their marriage by mutual consent, without counselling. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been 18 ." . taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 22. ADDITIONAL INSTRUMENTS Husband andWife.shall ,from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the conditions of this Agreement. 23. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of 19 , . ~ ~ this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 24. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that noncompliance with any provision of this Agreement permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. S3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way whatsoever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue 20 such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 25. ATTORNEY FEES AND COSTS Husband and Wife shall each assume their respective counsel fees as part of the divorce action commenced in the case. only. rights 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience They shall not have any effect whatsoever in determining the or obligations of the parties. 27. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 28. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of pennsylvania. For contract interpretation parties, this Agreement was prepared jointly by both parties. It is the parties intent that the standard set forth by the Pennsylvania Supreme Court in Simeone v. Simeone, 522 Pa. 392, 581 A.2d 162 (1990) shall apply to the validity and enforceability of this Agreement. 29. VOID CLAUSES If any term, conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21 30. BINDING AGREEMENT This Agreement shall be binding and shall extend to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT 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 have hereunto set their hands and seals the day and year first above written. L-Kathl n B. Dani /~( :::;/;2, ',l, Russell E. Daniels _(SEAL) 22 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the Z q -j.h.. day of {l10- 'I , 2005, before me, the undersigned officer, personally appeared Russell E. Daniels, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~. fYl ~ Notar ublic . My Commission Explres: NOTARIAl. SEAl. BECKY M. KNISaY, w-........... MedIeIiclburgBoro '-,'-_ ~eo. IiIIIol .~Co. ~1 .., .1 EllpII-. Nov. 18, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~hirl SS. geuy before me, the undersigned officer, persodJlly appeared Kathleen B. Daniels, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. On this, the a.5 day of , 2005, IN WITNESS WHEREOF, I hereunt Not I: ul5lic My Commission hand and official seal. NOTARIAl SEAl. APRil M FUGNE No!aly PIlbIIc CITY OF 1WlRIS8URG.~ COUNlY My Commllllon ExpIres Mew 30. 2008 ~. (~) r-~." ~ <'.~::. ~~g ..... .,.. -n f\1 p -,'-",' l'3 ill Q -0 ?'~ ..,,' ) /~rn (:,~j ~~ ?v , (...) .-<: ~ ,,~ . ~1;~-,j ;. ,,,j t,,,-, Aid.'l,'n +' 't111\.lt. "J ',.1IrAL/1,,<:] ~.)~IJfll!.l~5i.;..t.J. ann~ ~)€ ult.1 u,t"t~d W;i~i;,;q ,d Andrew c. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 FA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (FaX) vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW . . : 05 - 2696 CIVIL TERM . . . IN DIVORCE . RUSSELL E. DANIELS, plaintiff KATHLEEN B. DANIELS, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the Pennsylvania Divorce Code. 2. Da~e and Manner of service of ~he complain~: Acceptance of Service by Attorney for Defendant on May 24, 2005. 3. Complete ei~her paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the pennsylvania Divorce Code: by Plaintiff on August 25, 2005 and by Defendant on August 25, 2005. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not applicable: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Not applicable. 4. Rela~ed claims pending: A proposed Alimony Order is attached together with the marital settlement agreement dated May 24, 2005 are incorporated but not merged in the Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable' (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the prothonotary. August 29. 2005. Divorce (C) drew C. Sheely, Attorney for Plaintiff ?l1J-q/~~ re (-. (:~ "7 :::~ ...., = = """ ;po c::: C:;-j "') ~D ~ -4 ffi;:n -om ::.oC'i S(:> ~:B :7C) (;.~rn :=1 :ii .< :1" :r: S' N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . , , , . . . , . , . , , , . . , . , , . ~ ~~~~~~~ ~~~~~~~~~ , , , , , , , , , , , , , , , + + + + + , + , + + + + , , + + + + , + , , + + + , + + + , + + + + + + , + + + + + , + , , + + + + , , + , , , + + + + + , + , + + + + , + + , + , + + + + + + , + + + . .+ , .., ~~~~~~ ~~ ~~~~~~~ + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RUSSELL E DANIELS, 05 2696 PLAINTIFF No. VERSUS CIVIL ACTION - LAW IN DIVORCE KATHLEEN B. DANIELS, DEFENDANT DECREE IN DIVORCE AND Now,-A~2\ , IT IS ORDERED AND 7m" DECREED THAT RUSSELL E DANIELS , PLAINTIFF, AND KATHLEEN B. DANIELS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOfD~IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; VO\AJL The Post Nuptial Separation and Property Settlement Agreement dated May 24, 2005 and , i , ~. ~ " " '.. , , - : ... - Order of Court addressing Alimony are incorporated but no By TH '. - '. '-J . ..- <I :.........,:, ..: I" " \:.>_ ...._. ..J ,-' "" mm~ ~ WW':4 . r PROTHONOTARY 000.00.00.0.0. O.O~OOOO.OO.O. ,. .. + + , .. . J, , +.+ + + + , .' ~ -P .~ /i"~ 7JL, 5r;1- 'e - b ~ ~~,~.w~_pV 5iJ't"b . . . 4t,~ '.....' '.. '':>:". \ .