Loading...
HomeMy WebLinkAbout05-3327ROBERT LEE BOLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SUZETTE BOLLINGER, : NO. O$'- 33 .2,7 CIVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. OS - 23;,7 CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Robert Lee Bollinger, an adult individual, who resides at 321 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Suzette Bollinger, an adult individual, who resides at 321 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on August 30, 1970, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other juri sdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: Respectfully submitted, ROMINGER, BAYLEY & WHARE 2=?:-" Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: Robert Lee Bollinger, Plaintiff N WET R7-f1 Cf cn N ) ter' -o ?<?? a m C- LI) ? F.. ? ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3327 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Suzette Bollinger, the Defendant in this matter: Joseph D. Buckley, Esquire Supreme Court I. D. # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Thank you. Date: October 24, 2005 4Vseph D. P c ey, Esquire Attorney for e Defendant r k Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 S. Hanover Street Carlisle, PA 17013 c.X ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3327 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Praecipe for Entry of Appearance in the above mentioned case was duly served on the following person at the following address by means of United States First Class Mail, prepaid: Date: IL7 _ZK ?u, Attorney of the D6 ID# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com r t ROBERT LEE BOLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SUZETTE BOLLINGER, : NO. 0,5--,33 ?17 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 29, 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. ' 4904, relating to unsworn falsification to authorities. Date: Robert Lee Bollinger :? . A. ROBERT LEE BOLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SUZETTE BOLLINGER, : NO. o S-- 332-7 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ' 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904, relating to unswom falsification to authorities. Date: ?C oV I l L? ?C w?v.y r Robert Lee Bollinger, Plaintiff ;?, ,, ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3327 IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 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, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 7" - ,:07 - 0 & ?? ?t Cif t ) Suzette llinger, Defendant c -, crw o T -.t fT7^ - - r- J rTi C" Q co 17 -G ROBERT LEE BOLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SUZETTE BOLLINGER, : NO. 05-3327 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 29.2005. 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. § 4904, relating to unworn falsification to authorities. Date: -"7- Suzettollinger, Defendant r ?, fi 1-? .'=' ` .-t ?" ?,; -, ". r. ? Z? ht e PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the 20 day of March, 2006, by and between Robert Lee Bollinger, residing at 321 North Mountain Road, Newville, PA 17241, hereinafter called the "Husband", and Suzette Bollinger, formerly Hart, residing at 15 N. Baltimore Avenue, Apartment D, Mount Holly Springs, PA 17065, hereinafter called the "Wife", who agree as follows: WITNESSETH; WHEREAS, the parties are Husband and Wife, having been married on August 30, 1970 Carlisle, Cumberland County, Pennsylvania. The parties separated on June 1, 2005. WHEREAS, the parties have children of their marriage, but all are adults. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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; the settling of all matters between them relating to the past, present and future spousal support and alimony; 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 promises and of the 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: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206, effective 3-19-91, as amended. 2. EFFECT OF DECREE, NO MERGER It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this 2 Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph D. Buckley, Esquire, for WIFE, and Karl E. Rominger, Esquire for HUSBAND. The parties acknowledge that they have or received independent legal advice from counsel of their selection or have been given the opportunity to have the same reviewed by counsel and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice or having had the opportunity to have the same reviewed by counsel 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. 5. 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 that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be 3 f necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. PERSONAL RIGHTS Wife and Husband have been separated and living apart since June 1, 2005 and may and shall, at all times hereafter, continue to 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. 7. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 8. MUTUAL RELEASES 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 any and all rights, title and interest, or claims in or against 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, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way 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; or 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 (a) 4 Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or 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, 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 thereof, to include any rights pursuant to the Social Security Act. 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 thereof. 9. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code", 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the proper marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased eaming power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each 5 party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 10. DISTRIBUTION OF PERSONAL PROPERTY: The parties 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, 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 possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. 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. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a 6 vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or 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 except for the vehicle in Wife's possession as described in the preceding paragraph. Wife shall retain the parties' 2001 Windstar Ford Van and shall be responsible for any and all payments on the loan for said vehicle at Members First. Husband shall retain the parties' 1987 Jeep, Jimmy and 2005 Nissan, Exterra and shall be responsible for any and all loans on the said vehicles. If the vehicles are titled in joint names the parties agree to transfer the respective titles to the other party. Each party shall be responsible for his or her own car insurance. The parties are the owners of two dogs: Milacki and Emmy. Husband shall maintain possession of Milacki and Wife shall maintain possession of Emmy. However neither party may sell or dispose of either animal without first obtaining consent of the other party and also without first offering the animal to the other party. It. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 12. SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 7 13. FUTURE DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement, neither parry shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. Further Husband shall be required to pay and keep current all mortgages held on the parties' real property. In addition Husband shall be required to continue to pay until satisfied the parties' home equity/personal loan with Member's First and shall have wife's name removed from the same. 15. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any 8 exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX PRIOR RETURNS The parties have heretofore filed jointly Federal, State and local income tax returns for the year 2005. 17. 2006 INCOME TAX RETURN Husband and Wife agree that they shall file separate tax returns. 18. CUSTODY NOT APPLICABLE 19. ALIMONY The parties shall pay no alimony to each other. 20. MEDICAL INSURANCE Husband and Wife will continue with their own medical coverage. 21. RETIREMENT FUNDS A. The Husband is employed by Carlisle Tire and Wheel and has a pension plan and a 401K plan. As of the date of separation Husband's pension plan had a vested amount of $55,000.00 and a 401K/retirement plan with assets of $209,000.00. B. The Wife is employed by Sprint and has a 401k plan and no other pension plan. At the time of separation Wife's 401K plan had assets of $12,000.00. 9 C. The parties shall enter into a Qualified Domestic Relations Order whereby $104,500.00 of Husband's 401K/retirement plan currently managed by Wachovia and $21,500.00 of Husband's pension plan at the Carlisle Companies, Inc., is transferred to Wife. Husband waives any and all right to Wife's 401K Plan at Sprint. 22. REAL PROPERTY The parties own a residence located at 321 North Mountain Road, Newville, Cumberland County PA 17241. The property is titled in both parties' names and held as tenants in the entireties. Husband currently resides in the residence and Wife resides in a separate apartment in Mt. Holly Springs, PA. From the date following the signing of the agreement, Husband shall be responsible for all mortgages on the residence. He shall also be responsible for all maintenance and payment of all necessary repairs, insurance, taxes, assessments and utilities. Husband agrees to hold Wife harmless from any and all creditors and lien holders. Wife understands that Husband is not currently in a financial position to obtain refinancing of the residence; therefore, for a period not to exceed eighteen months from the date of this agreement, Husband need not refinance the home. However, within eighteen months, Husband must have Wife's name removed from any and all mortgages on the property. Once Wife's name is removed from any and all mortgages, Wife shall execute a deed relinquishing any and all rights she has in the property. Irrespective of any increases in value of the property, Wife shall receive no portion of any proceeds if the property is sold or refinanced. If Husband is unable to have Wife's name removed from any and all mortgages on the property within the eighteen month time limit, then the house shall be immediately listed for sale with a realtor and sold as soon as possible. Husband will be responsible for any excess payments needed to complete a sale of the home and hold Wife harmless for any additional payments. 10 23. LIFE INSURANCE The parties may maintain and name any person beneficiary of any life insurance policies they have in effect at the signing of this agreement or any future policies obtained. 24. DIVORCE Husband and Wife agree that Husband has filed a Complaint in Divorce on seeking a divorce on the basis irretrievable break-down. Husband and Wife both agree that at the time of signing this Agreement both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and Wife both agree that each party is to bear their own attorney fees, costs and expenses in connection with this divorce and drafting and negotiation of this Agreement. And, the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 25. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance, except as set forth in paragraph 19 of this Agreement relating to the alimony payments to Wife from husband. 26. ATTORNEY FEES, COSTS & EXPENSES Husband agrees to pay Wife $1,000.00 toward her attorney fees. All other costs and fees in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree shall be home by the individual party. 11 27. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement, and is obligated to pay such fees and costs regardless of settlement before hearing or trial through the date of compliance. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal of State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 28. PROVISIONS The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this Agreement shall be determined by a Court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ??T\7C.lW ? Q?? ct-Q Q. ?n 4 r\? ROBERT LEE BOLLINGER SUZE BOLLINGER 12 Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, the day of March, 2006, before me, a Notary Public, the undersigned officer, personally appeared Robert Lee Bollinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purp ses therein contained. otary Publi COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On this, theG`Y day of March, 2006, before me, a Notary Public, the undersigned officer, personally appeared Suzette Bollinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the pure gses ttherein o ained. Notary Publ' 13 --, ?, - ?, ?_.; -,, . _ ?_ .T, - ; . _;? , ?. _.. ?s, °: ? , ?? r j, ?- ,, ;:; :-? ROBERT LEE BOLLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SUZETTE BOLLINGER, NO.: 05-3327 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 1, 2005, certified mail, restricted delivery, with return receipt, Acceptance of Service (attached as Exhibit "A"). 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff April 24, 2006; by the Defendant April 27, 1006. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 24, 2006. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 2, 2006. Respectfully Submitted, Rominger & Whare r? Date: June 29, 2006 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff _ 1. F`J It Y (J n t: ",7J ROBERT LEE BOLLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SUZETTE BOLLINGER, : NO. 05.3327 CIVIL TERM Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Suzette Bollinger, in the above-captioned action and I certify that I am authorized to do so. / lda3 Date BY: Y ti? llinger, DefendanK r ,?' - :_ ? - ?; ,-, _ ?:?,-? N 1: r;_ l`J ??'? -.? s. ? ?- ` 'y _. ?. .,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. if Plaintiff N O. 05-3327 VERSUS Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Robert Lee Bollinger ,PLAINTIFF, AND Suzette Bollinger 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; ,O /O1. C_ Property Settlement Agreement incorporated but not merged BY TH i ATTEST:/.-(( ?- J. ROTHONOTARY ?' ? l/ ROBERT LEE BOLLINGER Plaintiff SUZETTE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3327 CIVIL ACTION- LAW IN DIVORCE STIPULATION FOR ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, comes Suzette Bollinger, Defendant and Robert Lee Bollinger, Plaintiff, by and through their respective counsel and respectfully request that this Honorable Court enter the following Qualified Domestic Relations Order ("QDRO"): 1. IDENTIFYING INFORMATION: 1. The Participant is Robert L. Bollinger. The Participant's social security number is 191-42- 9085. The Participant's address is 321 North Mountain Road, Newville, PA 17241. The Participant's date of birth is November 7, 1952. 2. The Alternate Payee is Suzette Bollinger. The Alternate Payee's social security number is 210-44-7273- The Alternate Payee's address is 15 N. Baltimore Ave., Apt. D, Mount Holly Springs, PA 17065. The Alternate Payee's date of birth is July 11, 1952. 3. The parties were married on August 30, 1970 and separated on June 1, 2005. 4. The Plaintiff/Participant has funds in two separate and distinct Plans subject to this QDRO, the first is the Carlisle Corporation Employee Incentive Savings Plan established pursuant to the provision of Section 401k of the Internal Revenue Code. 5. The Plaintiff s/Participant's second Plan is the Retirement Plan for Employees of Carlisle Corporation. 6. Both Plans set forth in Paragraphs 4 and 5 above are administered through the Carlisle Companies, Incorporate and its corporate offices located at 13925 Ballantyne Corporate Place, Suite 400, Charlotte, NC 28277. 7. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. METHOD OF DIVIDING PARTICIPANT'S BENEFITS: 1. The Plaintiff s/Participant's first said Plan, the Carlisle Corporation Employee Incentive Savings Plan established pursuant to the provision of Section 401k of the Internal Revenue Code, shall pay to the Alternate Payee a one time lump sum of One hundred and four thousand, five hundred Dollars ($104,500.00) ) from the said incentive savings Plan as agreed upon by the parties in their Property Settlement Agreement dated March 20, 2006 and incorporated in the Decree of Divorce by the Cumberland County Court of Common Pleas. 2. The Plaintiff s/Participant's second said Plan, the Retirement Plan for Employees of Carlisle Corporation, shall pay a one time lump sum of twenty-one thousand five hundred dollars ($21,500.00) from the said retirement Plan as agreed upon by the parties in their Property Settlement Agreement dated March 20, 2006 and incorporated in the Decree of Divorce by the Cumberland County Court of Common Pleas. 3. The Fund shall separately account for the benefits awarded in paragraphs 1 and 2 of this Section 11 as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date this Order is determined to be a QDRO. 4. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 5. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a Beneficiary Designator form with the Fund office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a Beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 6. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. OTHER PROVISIONS: 1. This Order is intended to constitute a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a Qualified Domestic Relations Order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. EXECUTED, WITNESSED and AGREED upon by the respective parties and their legal representative. 9 - & -C\ (cam Date 7 _ C) G ate 8-a q Date ?1-Lq -vb Date - I l6YQ }?.?? 0 .,?^on? ROBERT LEE BOLLINGER, P ntiff KARL E. ROMINGER, ESQUIRE Attorney for Plaintiff -:: SUZETTE BOETT _ LLINGER 3Q$EPH D. Attorney for ,. ?? ?,`' v? ?;, f J ?"% ??.???_.- V5 .'-a W ?< .;- 0 -„ ?? -?,,n 4' J? 7 j?-fri _? C i ,,? rn .'?? r i VEIL) SEP 0 8 2006 BY: ROBERT LEE BOLLINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 05-3327 SUZETTE BOLLINGER, CIVIL ACTION- LAW Defendant IN DIVORCE ORDER AND NOW, this day of S*4 , 2006, the attached Stipulation and Agreement d of the parties in this case is incorporated, but not merged, into this Order of Court 0<v 0 ? l??!` 'r {, , ?? ? t3 ?l.I?-t ' r`,.? ? ?l r ` -, ,'{l?Y' , tJ.r,) ??''J s..} ?, ? - C, c. r ? _t ????? ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-3327 CIVIL TERM IN DIVORCE PETITION FOR CONTEMPT pit AND NOW, this `/ day of June, 2009, comes Petitioner/Defendant Suzette Bollinger, by and through her attorney Joseph D. Buckley, Esquire and Petitions this Honorable Court to issue a Rule to Show Cause Why Respondent/Plaintiff Should Not Be Held In Contempt of its July 5, 2006 Order based on the following: 1. The parties were married on August 30, 1970. 2. On June 29, 2005 Respondent/ Plaintiff filed the present action for divorce. 3. On March 20, 2006, the parties entered into a Property Settlement Agreement (a true and correct copy of which is attached hereto and marked Exhibit "A".) 4. On July 5, 2006, the Honorable Judge Edgar B. Bailey granted Respondent Plaintiff a Decree in Divorce which provided, in part: Property Settlement Agreement incorporated but not merged with Divorce Decree." (A true and correct copy of the Order page is attached hereto and marked Exhibit "B".) 5. In accordance with the Order and Property Separation agreement specifically paragraph 22, entitled Real Property, Respondent/Plaintiff was to refinance the parties' former martial home within 18 months of the date of the agreement and to remove Defendant's/Petitioner's name from any and all mortgages. If Plaintiff/Respondent was unable to have Defendant's/Petitioner's name removed from any and all mortgages within the eighteen month time limit, the marital home was to be listed for sale and sold as soon as possible. 6. Respondent/Defendant has refused to comply with the Order and Property Settlement Agreement despite his promise to do so and repeated requests from Petitioner/Defendant and her attorney in that he has failed to refinance the marital home and remove Petitioner/Defendant's name from any and all mortgages or to list and sell said marital home. 7. Because of Plaintiff/Respondent's failures to comply with the property Settlement Agreement and the Court Order Petitioner/Defendant has been unable to purchase and finance a home of her own. 8. Petitioner/Defendant has and will have to incur legal costs and fees in the enforcement of the Property Separation Agreement and Court Order. 9. Paragraph 27 of the Property Separation Agreement specifically provides that the breaching party shall be responsible for the actual legal fees and costs incurred by the non-breaching party necessary to enforce this agreement. 10. Karl E. Rominger, Esquire represented Respondent/Plaintiff in this matter including the negotiation, drafting and execution of the Property Separation Agreement. WHEREFORE, Petitioner/Defendant humbly requests this Honorable Court issue a Rule to Show Cause Why Plaintiff/Respondent Should Not Be Held In Contempt, direct Plaintiff/Respondent to comply with the Property Settlement Agreement and Court Order and award Petitioner/Defendant costs of this action, actual attorney fees and any other amount the Court deems appropriate. tiuurney ror retitioner/lief Supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 VERIFICATION I, Suzette Bolliger, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 2009 SUZE BOLLINGER EXHIBIT 66 A 99 L PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, dated the 2v day of March, 2006, by and between Robert Lee Bollinger, residing at 321 North Mountain Road, Newville, PA 17241, hereinafter called the "Husband", and Suzette Bollinger, formerly Hart, residing at 15 N. Baltimore Avenue, Apartment D, Mount Holly Springs, PA 17065, hereinafter called the "Wife", who agree as follows: WITNESSETH; WHEREAS, the parties are Husband and Wife, having been married on August 30, 1970 Carlisle, Cumberland County, Pennsylvania. The parties separated on June 1, 2005. WHEREAS, the parties have children of their marriage, but all are adults. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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; the settling of all matters between them relating to the past, present and future spousal support and alimony; 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 promises and of the 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: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual oansent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206, effective 3-19-91, as amended. 2. EFFECT OF DECREE, NO MERGER It is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, .however, shall not be regarded as a merger, it being the intent of the parties to permit this 2 Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph D. Buckley, Esquire, for WIFE, and Karl E. Rominger, Esquire for HUSBAND. The parties acknowledge that they have or received independent legal advice from counsel of their selection or have been given the opportunity to have the same reviewed by counsel and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they- --- acknowledge y- -- acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice or having had the opportunity to have the same reviewed by counsel 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. 5. 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 that Wife does not wish to exercise her right to have appraisals by experts as to the value of the various interests of Husband. She understands that such appraisals would be 3 I4 necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. PERSONAL RIGHTS Wife and Husband have been separated and living apart since June 1, 2005 and may and shall, at all times hereafter, continue to 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. 7. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 8. MUTUAL RELEASES 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 any and all rights, title and interest, or claims in or against 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, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way 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; or 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 (a) 4 Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or 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, 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 thereof, to include any rights pursuant to the Social Security Act. 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 of 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 thereof. 9, EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and - --beneficially acquired by Husband and Wife or either of them during the marriage,-as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code", 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the proper marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each 5 party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 10. DISTRIBUTION OF PERSONAL PROPERTY: The parties 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, 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 possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. 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. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a 6 vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or 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 except for the vehicle in Wife's possession as described in the preceding paragraph. Wife shall retain the parties' 2001 Windstar Ford Van and shall be responsible for any and all payments on the loan for said vehicle at Members First. Husband shall retain the parties' 1987 Jeep, Jimmy and 2005 Nissan, Exterra and shall be responsible for any and all loans on the said vehicles. If the vehicles are titled in joint names the parties agree to transfer the respective titles to the other party. Each party shall be responsible for his or her own car insurance. The parties are the owners of two dogs:. Milacki and Emmy. Husband shall maintain possession of Milacki and Wife shall maintain possession of Emmy. However neither party may sell or dispose of either animal without first obtaining consent of the other party and also without first offering the animal to the other party. 11. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 12. SUBSEQUENT PERSONAL DEBTS Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 7 13. FUTURE DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement, neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 14. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such -debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. Further Husband shall be required to pay and keep current all mortgages held on the parties' real property. In addition Husband shall be required to continue to pay until satisfied the parties' home equity/personal loan with Member's First and shall have wife's name removed from the same. 15. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any 8 exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 16. INCOME TAX PRIOR RETURNS The parties have heretofore filed jointly Federal, State and local income tax returns for the year 2005. 17. 2006 INCOME TAX RETURN Husband and Wife agree that they shall file separate tax returns. 18. CUSTODY NOT APPLICAB-L--E- 19. ALIMONY The parties shall pay no alimony to each other. 20. MEDICAL INSURANCE Husband and Wife will continue with their own medical coverage. 21. RETIREMENT FUNDS A. The Husband is employed by Carlisle Tire and Wheel and has a pension plan and a 401K plan. As of the date of separation Husband's pension plan had a vested amount of $55,000.00 and a 401K/retirement plan with assets of $209,000.00. B. The Wife is employed by Sprint and has a 401k plan and no other pension plan. At the time of separation Wife's 401K plan had assets of $12,000.00. 9 C. The parties shall enter into a Qualified Domestic Relations Order whereby $104,500.00 of Husband's 401K/retirement plan currently managed by Wachovia and $21,500.00 of Husband's pension plan at the Carlisle Companies, Inc., is transferred to Wife. Husband waives any and all right to Wife's 401K Plan at Sprint. 22. REAL PROPERTY The parties own a residence located at 321 North Mountain Road, Newville, Cumberland County PA 17241. The property is titled in both parties' names and held as tenants in the entireties. Husband currently resides in the residence and Wife resides in a separate apartment in Mt. Holly Springs, PA. From the date following the signing of the agreement, Husband shall be responsible for all mortgages on the residence. He shall also be responsible for all maintenance and payment of all necessary repairs, insurance, taxes, assessments and utilities. Husband agrees to hold Wife harmless from any and all creditors and lien holders. Wife understands that Husband is not currently in a financial position to obtain refinancing of the residence; therefore, for a period not to exceed eighteen months from the date of this agreement, Husband need not refinance the home. However, within eighteen months, Husband must have Wife's name removed fromany and all mortgages on the property. Once Wife's name is removed from any and all mortgages, Wife shall execute a deed relinquishing any and all rights she has in the property. Irrespective of any increases in value of the property, Wife shall receive no portion of any proceeds if the property is sold or refinanced. If Husband is unable to have Wife's name removed from any and all mortgages on the property within the eighteen month time limit, then the house shall be immediately listed for sale with a realtor and sold as soon as possible. Husband will be responsible for any excess payments needed to complete a sale of the home and hold Wife harmless for any additional payments. 10 23. LIFE INSURANCE The parties may maintain and name any person beneficiary of any life insurance policies they have in effect at the signing of this agreement or any future policies obtained. 24. DIVORCE Husband and Wife agree that Husband has filed a Complaint in Divorce on seeking a divorce on the basis irretrievable break-down. Husband and Wife both agree that at the time of signing this Agreement both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Husband and Wife both agree that each party is to bear their own attorney fees, costs and expenses in connection with this divorce and drafting and negotiation of this Agreement. And, the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 25. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance, except as set forth in paragraph 19 of this Agreement relating to the alimony payments to Wife from husband. 26. ATTORNEY FEES, COSTS & EXPENSES Husband agrees to pay Wife $1,000.00 toward her attorney fees. All other costs and fees in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree shall be borne by the individual party. 11 27. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement, and is obligated to pay such fees and costs regardless of settlement before hearing or trial through the date of compliance. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal of State law to the contrary, and each party waives any and all right . to assert that any obligation hereunder is discharged or dischargeable. 28. PROVISIONS The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, condition, clause or provision of this Agreement shall be determined by a Court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ROBERT LEE BOLLINGER SUZE BOLLINGER 67 0e:M 12 ----_ Witness COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss On this, the day of March, 2006, before me, a Notary Public, the undersigned officer, personally appeared Robert Lee Bollinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the pure ses therein contained. Notary Publi COMMONWEALTH OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, theGu' day of March, 2006, before me, a Notary Public, the undersigned officer, personally appeared Suzette Bollinger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purp ses therein contained. Notary Pub!' 13 EXHIBIT 66 B 99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY irAdL A& STATE OF PENNA. Robert Lee Bollinger, Plaintiff No. 05-3327 VERSUS Suzette Bollinger, DECREE IN DIVORCE AND NOW, July 5 2006 IT IS ORDERED AND DECREED THAT Robert Lee Bollinger , PLAINTIFF, AND Suzette Bollinger .,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; AMA4 Property Settlement Agreement incorporated but not merged with Di=vorce Decree BY THE COURT: Edgar B. Bayley ATTEST: Curtis R. Long i. T PROTHONOTARY Certified Copy Issued: July 5, 2006 FlE,- fir Yr- a' tAPY CF TF 4; 2009 JUN 1 p ? 12: 0 ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-SLAW NO. 05-3327 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING PETITION FOR CONTEMPT TOGETHER WITH A RULE TO SHOW CAUSE WERE DULY SERVED ON THE FOLLOWING PERSON BY UNITED STATES FIRST-CLASS MAIL, POSTAGE PREPAID: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: June 1/, 2009 Attorney for the Petitioner Pa. I.D. No. 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com tL Or THE 20x9 JUN I I Pl 12: X 8 Vuma: .: 1, 3 14,?t!? i JUN 12 2009di ROBERT LEE BOLLINGER, Plaintiff V. SUZETTE BOLLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3327 CIVIL TERM IN DIVORCE RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT AND NOW, this /& 4? day of June, 2009, upon consideration of the within petition, a rule is hereby granted and issued upon Defendant/Respondent Robert Lee Bollinger, to show cause why he should not be held in contempt of court for failure to obey the order for property separation entered by agreement of the parties and made a part of his decree in divorce. Rule returnable the U day of , 2009 in Court Room of the Cumberland County Courthouse, corner of High and Hanover Streets, Carlisle, Pennsylvania at I 1: 06 o'clock p- . M. J. F IL El 2009 iU`,;! 16 F ?.% ql(rlo9 - 60fics matLcc( Aq, J. g? k lE ? y A4? K -,w,;.j ct_ ROBERT LEE BOLLINGER, PLAINTIFF V. SUZETTE BOLLINGER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 05-3327 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2009, this matter having been called for a hearing and the parties having reached an agreement, IT IS ORDERED: (1) Robert Lee Bollinger agrees to list for sale with a reputable realtor not later than fourteen (14) days from this date 321 North Mountain Road, Newville, Cumberland County, Pennsylvania. (2) Robert Lee Bollinger will pay to Suzette Bollinger's counsel the sum of $500 out of his net proceeds when the property settles. /rl E. Rominger, Esquir( For Plaintiff X ? oseph D. Buckley, EsgU For Defendant :sal FILED. OF THE i l!')TAPY 2009 AL -6 PH G. G 3 CUP PU- I, I ?Y