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HomeMy WebLinkAbout02-2574KELLY ANN SETLOCK, PLAINTIFF RALPH SALVADORE SETLOCK, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O~ -~7~ CML TERM CIVIL ACTION - LAW ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other fights important to you. When the ground for the divorce is indignities or irretrievable breakdown of thc marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 KELLY ANN SETLOCK, PLAINTIFF RALPH SALVADORE SETLOCK, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.m-a y CML ACTION - LAW ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(¢) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, KELLY ANN SETLOCK, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is KELLY ANN SETLOCK, an adult individual, who currently resides at 2 East Harmon Drive, Carlisle, Cumberland County, Pennsylvania, 17013, and has resided in Cumborland County for over one (1) year. 2. Defendant is RALPH SALVADORE SETLOCK, JR., an adult individual, who currently resides at 555 East Lawton Sltcet, St. Clair, Schuylkill County, Pennsylvania, 17970. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on April 17, 1993. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiffhas chosen not to engage in, or to request any counseling. Services. 9. Neither Plaintiff nor Defendant was a member of the United States Military Plaintiff and Defendant have no children from their marriage. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, KELLY ANN SETLOCIC respectfully requests the court to enter a Decn~e of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. 13. Paragraphs 1 through I 1 of this Complaint are incorporated herein by reference The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of ail relevant factors. WHEREFORE, Plaintiff, KELLY ANN SETLOCK, respectfully requests the CouR to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: May ~ 3,2002 Cp°~iT;!f~°r64~ 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ,_~'~- ~,;t- 0c9- 'KELLY ~ SETLOCK KELLY ANN SETLOCK, PLAINTIFF RALPH SALVADORE SETLOCK, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02.2574 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAlL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Be it known, that on the ~)~)'P~x day of SS: : ,2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Kelly Ann Setlock, Plaintiff in thc above-captioned matter. 3. On June 3, 2002, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of thc Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9673, and addressed to the Defendant, Ralph Salvadore Setlock, Jr., at 555 East Lawton Street, St. Clair PA 17970. 4. The return receipt card signed by the Defendant, Ralph Setlock Jr., showing a date of service of June 8, 2002, is attached hereto as Exhibit "A". Pa.R.C.P. 403. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and SWORN TO AND SUBSCRIBED before me, a Notary Public, this ~'~ day of Notary Public(~ My Commission Expires:~ ~.> c~Gc3~- ee that we can return the card to you. or on the fro~t If e, pace pemlJtS, RESTRICTED DELIVERY E] Agem B. ~' y(P'~,~,m~Nlme) D. Ildelive~addmeadlffetenth~mltmnl? DYee If YES, enter detlvery addm~ below: I-tNo ~(C,e~f~dM~J~ [] Expm~Ma~ I-I Regtate~l I-I Retum Recelpt for Memhandl# [] Inaum<:l Mall ?'1 C.O.D. 2. /eticie Number ~,~.~,~,~ 7001 2510 0003 4439 9673 Exhibit "A" KELLY ANN SETLOCK, PLAINTIFF VS. RALPH SALVADORE SETLOCK, JR., DEFENDANT : IN THE COURT OF CI : OF CUMBERLAND Ct : PENNSYLVANIA : : NO. 02-2574 CIVIL TI : : CIVIL ACTION - LAW : ACTION FOR DIVORC PETITION TO AMEND THE CLAIMS BEFORE THE )MMON PLEAS 'UNTY, E MASTER AND NOW, comes the Plaintiff, Kelly Ann Sctlock, by and 'through her att4rney, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and moves thc m~ster amend thc claims to be considered in the above action: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support ( ) Counsel Fees (X) Costs and Expenses 1. Discovery is close to completion as to the claims for which the appointmeit of a master is requested; 2. The efendant has appeared in the action by his attorney J. Paul Helvy, E~quire; D ~ 3. The statutory grounds for the divorce are 3301(c) and Section 3502(a) of t~e Divorce Code; 4. The action is contested with respect to the following claims: (a) Distribution of property; (b) Alimony; and (c) Costs and Expenses. 5. The action does not involve complex issues of law or fact; and 6. The hearing is expected to take one (1) day. Dated: April q ,2003 Respectfully submitted, LAW FIRM OF SUSiMN KAY CAN pC~n.~e.K~' Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-1930 )IELLO, P.C. CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Can~ certify that I served a true and correct copy of the foregoing Petition to Ame~ Before the Master, by first-class United States mail, to the following: E. Robert Elicker II, Esquire Divorce Master 9 North Hanover Street Carlisle PA 17013 J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg PA 17108-0886 Dated: April ~ , 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY Cl usan Kay Can~ielio}ESquire - Counsel for Pl~ntiffJ PA I.D. # 64998k._~ 5021 East Trindle Road, Suite 100 Mechanicsburg PA 17050 (717) 796-~930 iello, P.C., hereby .d the Claims LNDIELLO, P.C. KELLY ANN SETLOCK, PLAINTIFF VS. RALPH SALVADORE SETLOCK, JR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2574 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 28, 2OO2. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 verify that the Statements in this Affidavit 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 g' -°c>' o_3 KEL~:/A~N SETLOCK MARITAl. PROPERTY SETTIJEMENT AGREEMENT, THIS AGREEMENT is entered into this ~ day of [~ ., 2003, by and between KELLY ANN SETLOCK and RALPH SALVADORE gET_~OCK JR. RECITALS Wife's Birthday and Social Security Number: july 8, 1969 194-64-8426 Husband's Birthday and Social Security Number: August 7, 1964 178-60-9339 Date of Marriage: April 17, 1993 Place of Marriage: St. Clair, Schuylkill County, Pennsylvania Last Marital Residence: 2 East Harmon Drive, Carlisle, Pennsylvania 17013 Date of Separation: April 29, 2002 Children: None Pending Court Proceedings: None Divorce: Court of Common Pleas No. 02-2574 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and 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: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to e. xecution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a fined judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in ajay enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect ihave been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and J. Paul Helvy, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIO~L-~IN STRUMENTS ,/X~fe and Husband covenant and agree that they will forthwith (and within at most ten (10)~ays after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each seParate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to J. Paul Helvy, Esquire, at Killian & Gephart, LLP, 218 Pine Street, P.O. Box 886, Harrisburg, PA 17108-0886 or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, 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. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all.attorney's fees incurred by the other party in enforcing the Agreement, provided that t~nforcing party is successful in establishing that a breach has occurred. ~x~/.fl~ ~13~ . ~,o%- EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband and Wife hereby assign, convey and transfer to each other all of their right, title and interest in and to those items of personal property which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of the parties. By these presents each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 2. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Wife has requested to keep the marital residence and Husband has agreed. The parties have agreed Husband's equity in the marital residence shall be Thirty-Two Thousand Dollars and No Cents ($32,000.00). There is a present mortgage on the marital residence with Waypoint Bank and a home equity loan with Mellon Bank. Wife shall refinance the mortgage and the home equity loan on the marital residence removing Husband's name, no later than thirty (30) days from the date of the execution of this Agreement. Husband agrees to sign a deed transferring his right, title and interest in the marital residence to Wife at the same time as the execution of this Agreement. Wife's counsel shall prepare and record the deed to the marit~d residence. Wife shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. Wife shall make a cash payment to Husband of Twenty-Three Thousand Dollars and No Cents ($23,000.00) as full compensation to Husband for his equity in the marital residence, no later than thirty (30) days from the date of the execution of this Agreement, when Wife refinances the marital residence. 3. MOTOR VEHICLES A. Wife shall keep her 1995 Ford Taurus, titled in joint names. This vehicle has no loans or liens upon it. Wife has obtained her insurance for this vehicle in her name alone. Wife agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Wife. Husband agrees to cooperate fully in executing the appropriate and necessary documents to have the title to this vehicle placed into Wife's name alone. B. Husband shall keep his 1987 Buick Riatta, titled in Husband's name alone. There are no loans or liens on this vehicle. Husband has obtained insurance for this vehicle in his name alone. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. C. Husband shall keep his 1987 Pontiac Trans Am, which is premarital property, titled in Husband's name alone. There are no loans or liens on this vehicle. Husband has obtained insurance for this vehicle in his name alone. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. D. Husband shall keep his 1987 Buick Grand National, tiffed in Husband's name alone. There are no loans or liens on this vehicle. Husband has obtained insurance for this vehicle in his name alone. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. E. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. F. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 4. BANK ACCOUNTS The parties had joint checking and savings accounts with Mellon (Citizens) Bank until Husband voluntarily left the marital residence. The parties hereby agree all of the funds contained in their joint checking and savings accounts have been divided to their mutual satisfaction. These joint bank accounts have been closed and each party has opened their own individual checking accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 5. RETIREMENT INTEREST IRA with Citizens Investment Services Husband has an IRA with Citizens Investment Services with an approximate value of Eight Thousand Six Hundred Seven Dollars and No Cents ($8,607.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's IRA with Citizens Investment Services. HD Investment Services Husband has an investment account in Phoenix through HD Investment Services, which has an approximate value of Two Thousand Three Hundred Ninety Dollars and No Cents ($2,390.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's investment account in Phoenix through HD Investment Services. 9 Agere Stock with UBS PaineWebber Investments Husband has Three Hundred Forty-Five (345) shares of Agere Stock with UBS PaineWebber Investments, which are marital property, with an approximate value of Four Hundred Forty-Nine Dollars and No Cents ($449.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Agere Stock with UBS PaineWebber Investments. Tyco Retirement Savings and Investment Plan Husband has both a Tyco Retirement Savings Plan and a Tyco Pension. Tyco Retirement Savings Plan Husband has approximately 836.623 shares of Tyco Stock Fund and 248.170 shares of Fidelity Growth Co. stock.. The approximate value of this account is Twenty Thousand One Hundred Two Dollars and No Cents ($20,102.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Tyco Retirement Savings Plan. Husband has a Tyco Pension with a value of approximately Eight Thousand Six Hundred Twenty-Three Dollars and No Cents ($8,623.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Tyco Pension. Agere/Lucent 401k Plan Husband has approximately 699.630 shares of Agere-Class A stock worth approximately Nine Hundred Ten Dollars and No Cents ($910.00). Husband has approximately 2,675.181 shares of Lucent stock fund worth approximately Five Thousand Fifty- Seven Dollars and No Cents ($5,057.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Agere/Lucent 401k. Keystone Oncology 401k Wife has a 401k with a value of the marital portion of this 401k of Thirteen Thousand Nine Hundred Ninety-Four Dollars and No Cents ($13,994.00). Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's Keystone Oncology 401k. Pinnacle Health 401k Wife has a Pinnacle Health 401k with a value of One Thousand Eight Hundred Seventy-Five Dollars and No Cents ($1,875.00). Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's Pinnacle Health 401k. Agere Pension Husband has a pension with Agere with a value of Twelve Thousand Three Hundred Fifty Dollars and No Cents ($12,350.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Agere Pension. Lucent TechnologiesStockPurchasePr°gram Husband has stock through the Lucent Technologies Stock Purchase Program with a value of Four Hundred Sixty Dollars and No Cents ($460.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Lucent Technologies Stock Purchase Program. 10 6. JOINT DEBTS AND LIABILITIES The parties have a joint mortgage with Waypoint Bank and a home equity loan with Mellon Bank on the marital residence. Wife agrees to refinance both the mortgage and home equity loan on the marital residence into her name only. The parties have no other joint debt. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to 11 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. ALIMONY The parties agree Husband shall pay to Wife the sum of Nine Thousand Six Hundred Dollars and No Cents ($9,600.00) over a two (2) year period, provided Husband continues to be employed during that entire twenty-four (24) months. Husband shall make twenty-four (24) monthly payments to Wife of Four Hundred Dollars and No Cents ($400.00) each. Husband's payments shall be made on or before the fifth (5th) day of each month beginning on the fifth (5th) day of the first full month following the execution of this Agreement. These payments to Wife shall be considered alimony and taxable to Wife in each year she receives such alimony payments. During this twenty-four (24) month period, if Husband should become unemployed for reasons entirely beyond his control, Husband may terminate alimony payments. Husband will not be required to repay any monies to Wife which are not paid during the months Husband is unemployed for reasons entirely beyond his control. If Husband obtains employment within the twenty-four (24) month period from the date of the execution of this Agreement, Husband shall resume a ment of the monthly payments of Four Hundred Dollars and No Cents ($400.00), as PY stated in the revious paragraph, until the twenty-four (24) month period has expired. ~t3o{~ The ~arties do hereby acknowledge that inflation may increase or decreasi'that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable with one (1) exception. Should Husband involuntarily be terminated from his employment, not as a result of wilful misconduct, and unable to find new employment to pay the agreed upon alimony to Wife, Husband shall be excused from paying this alimony to Wife. However, should Husband secure employment to pay this alimony to Wife within the twenty-four (24) month period Husband has agreed to pay alimony, Husband shall again have the agreed upon responsibility to pay this alimony' to Wife under the same terms as identified in the aforementioned paragraphs. 10. INCOME TAX RETURNS Husband and Wife have filed a joint income tax return :for 2002. Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each 12 other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. WITNESS f~ - -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~ day undersigned officer, personally RALPH SIINLVADORE SETLOCK, JR. HUSBAND : SS: of ~ , 2003, before me, a Notary Public, the appeared 9~JSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when KELLY ANN SETLOCK and RALPH SALVADORE SETLOCK, JR., whose names are subscribed to the within instrument, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. 13 Notary Public ~ My Commission Expires:(~ c{ ~e)00~~'- Notarial Seal Kimberly R. Hanford, Notary Public M.. _~.rg Bom, Cumberland County My uomrnission Expires Apr. 4, 2005 EXHIBIT "A" Husband's Property 1) Egyptian Pictures 2) Washer / Dryer 3) Roll Top Desk / Chair 4) Formal Living Room [two (2) couches, wing chair, coffee table, lamp and two (2) end tables]. 5) Entertainment Center with Television and Stereo and all accessories, not VCR 6) Pole Lamp 7) Ficus Tree (must be repotted) 8) Refrigerator The remainder of the property shall be Wife's property. 14 KELLY ANN SETLOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ·NO. 02-2574 Civil RALPH SALVADORE SETLOCK, JR. · CIVIL ACTION - LAW Defendant 'IN DIVORCE DEFENDANT'S PETITION TO REVOKF, APPOINTMENT OF MASTER AND NOW, comes the Petitioner, Ralph Salvadore Setlock, Jr., by and through his attorney, J. Paul Helvy, and does respectfully represent the following: 1. Petitioner is the Defendant in the above-captioned action· 2. Pursuant to a Motion for Appointment of Master filed by the Defendant, on April 1, 2003, E. Robert Elicker was appointed as the Divorce Master by this Honorable Court. 3. Since the appointment of the Master, the parties have reached an agreement resolving all outstanding economic claims associated with the above-captioned action. 4. As a result of the parties' agreement, there is no need for the services of the Divorce Master. 5. Opposing counsel, Susan Kay Candiello, consents to the filing of this Petition to Revoke Appointment of Master. WHEREFORE, the Petitioner respectfully requests this Honorable Court to revoke the appointment orE. Robert Elicker as Master in the above-captioned action. Dated: May 19, 2003 Respectfully submitted, ~2111ian &~~l ~G~hart¥~LLP~,~~ ~ 18 Pine Street P.O. Box 886 Harrisburg, PA 17108 (717)232-1851 Attorney LD. #53148 Attorneys for Defendant CERTIFICATE OF SERVICF~ I do certify that I served a true and correct copy of the within'Defendant's Petition to Revoke Appointment of Master upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Dated: Peggy Hile, Secretary to J. PAUL HELVY, ESQ. Kiilian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717)232-1851 Attorneys for Ralph S. Setlock, Jr. KELLY ANN SETLOCK, Plaintiff · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. 02-2574 Civil RALPH SALVADORE SETLOCK, JR. · CIVIL ACTION - LAW Defendant 'IN DIVORCE ORDER ANI) NOW, this Petition, the appointment of E. Robert Elicker as ~' orc, e Master in the above-captioned ,2003, pursuant to the attached action is hereby revoked· BY THE COURT: BOtJ_40--(/31~J KELLY ANN SETLOCK, Plaintiff vs. RALPH SALVADORE SETLOCK, JR.,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 2574 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~ day of /! 2003, the economic claims raised in the proceedings having been resolved in accordance with a marital property settlement agreement dated May 8, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Susan Kay Candiello Attorney for Plaintiff J. Paul Helvy Attorney for Defendant Geo MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this t~7 day of ?¢)/.3.~4 ,2003, by and RALPH between KELLY ANN SETLOCK and SALVADORE 8IET_~CK JR. RECITALS cOPY Wi Hu Da! of Marriage: DatI of Separation: Children: Pen¢ing Court Proceedings: Divorce: e's Birthday and Social Security Number: July 8, 1969 194-64-8426 band's Birthday and Social Security Number: August 7, 1964 178-60-9339 April 17, 1993 St. Clair, Schuylkill County, Pennsylvania 2 East Harmon Drive, Carlisle, Pennsylvania 17013 April 29, 2002 None c.-: None E: ,--, Court of Common Pleas No. 02-2574 Civil Term '~:~ of Cumberland County, Pennsylvania ] WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the I~arties and it is the intention of Wife and Husband to live separate and apart for the rest of thei~natural lives, and the parties hereto are desirous of settling fully and finally their respective fina}~cial and property rights and obligations as between each other including, without limitation: the ~wnership and equitable distribution of marital property; the past, present and future support, and/bt maintenance of Wife by Husband; and, in general, any and all claims and possible claims by o ~e against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, recei pt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each inter .ding to be legally bound hereby, covenant and agree as follows: 1 PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cc)habit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which eithcr may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other comqtry. It is expressly understood, however, that neither the provisions of this release nor the subs,equent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the righl of either party to receive any legacy, bequest or residuary portion of the other's estate under his c~r her will, or to act as personal representative or executor if so named by the will of the othc:, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have. and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action., claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equi~:able distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Con~3ent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shal! be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date ui, or~ which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and J. Paul Helvy, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that lhe Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pent, sylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or wan anties other than those expressly set forth herein. 4 /2¢/ife and Husb_an_d covenant and agree that they will forthwith (and within at most ten (10).'days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each seParate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, PA 17050 or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to J. Paul Helvy, Esquire, at Killian & Gephart, LLP, 218 Pine Street, P.O. Box 886, Harrisburg, PA 17108-0886 or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granI::ed 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. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as h~sband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this .~.greement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heret~ofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all. debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable taw, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all. attorney's fees incurred by the other party in enforcing the Agreement, provided that t~nforcing party is successful in establishing that a breach has EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangi.ble personal property including, but without limitation, jewelry, clothes, furniture, · furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession cf Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do [~ereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband and Wife hereby assign, convey and transfer to each other all of their right, title and interest in and to those items of personal property which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of the parties. By these presents each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 2. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Wife has requested to keep the marital residence and Husband has agreed. The parties have agreed Husband's equity in the marital residence shall be Thirty-Two Thousand Dollars and No Cents ($32,000.00). There is a present mortgage on the marital residence with Waypoint Bank and a home equity loan with Mellon Bank. Wife shall refinance the mortgage and the home equity loan on the marital residence removing Husband's name, no later than thirty (30) days from the date of the execution of this Agreement. Husband agrees to sign a deed transferring his right, title and interest in the marital residence to Wife at the same time as the execution of this Agreement. Wife's counsel shall prepare and record the deed to the marital residence. Wife shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. Wife shall make a cash payment to Husband of Twenty-Three Thousand Dollars and No Cents ($23,000.00) as full compensation to Husband for his equity in the marital residence, no later than thirty (30) days from the date of the execution of this Agreement, when Wife re:finances the marital residence. 3. MOTOR VEHICLES A. Wife shall keep her 1995 Ford Taurus, titled in joint names. This vehicle has no loans or liens upon it. Wife has obtained her insurance for this vehicle in her name alone. Wife agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Wife. Husband agrees to cooperate fully in executing the appropriate and necessary documents to have the title to this vehicle placed into Wife's name alone. B. Husband shall keep his 1987 Buick Riatta, titled in Husband's name alone. There are J;o loans or liens on this vehicle. Husband has obtained insurance for this vehicle in his name alon,:. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. C. Husband shall keep his 1987 Pontiac Trans Am, which is premarital property, titled in l:lusband's name alone. There are no loans or liens on this vehicle. Husband has obtained insurance for this vehicle in his name alone. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. D. Husband shall keep his 1987 Buick Grand National, titled in Husband's name alone. There are no loans or liens on this vehicle. Husband has obtained insurance for this vehicle in his name alone. Husband agrees to be solely responsible for all expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Husband. E. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. F. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 4. BANK ACCOUNTS The parties had joint checking and savings accounts with Mellon (Citizens) Bank until Husband voluntarily left the marital residence. The parties hereby agree all of the funds contained in their joint checking and savings accounts have been divided to their mutual satisf_-action. These joint bank accounts have been closed and each party has opened their own individual checking accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 5. RETIREMENT INTEREST IRA with Citizens Investment Services Husband has an IRA with Citizens Investment Services with an approximate value of Eight Thousand Six Hundred Seven Dollars and No Cents ($8,607.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's IRA with Citizens Investment Services. HD Investment Services Husband has an investment account in Phoenix through HD Investment Services, which has an approximate value of Two Thousand Three Hundred Ninety Dollars and No Cents ($2,390.00). Wife hereby agrees to specifically release and waive any and all i~terest, claim or right she may have in Husband's investment account in Phoenix through HD Investment Services. Agere Stock with UBS PaineWebber Investments Husband has Three Hundred Forty-Five (345) shares of Agere Stock with UBS PaineWebber Investments, which are marital property, with an approximate value of Four Hundred Forty-Nine Dollars and No Cents ($449.00). Wife hereby agrees to specifically release and waive any and all interest, claim or righ! she may have in Husband's Agere Stock with UBS PaineWebber Investments. Tyco Retirement Savings and Investment Plan Retirement Savings Plan and a Tyco Pension. Husband has both a Tyco Tyco Retirement Savings Plan Husband has approximately 836.623 shares of Tyco Stock Fund and 248.170 shares of Fidelity Growth Co. stock. The approximate value of this account is Twenty Thousand One Hundred Two Dollars and No Cents ($20,102.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have i.n Husband's Tyco Retirement Savings Plan. Husband has a Tyco Pension with a value of approximately Eight Thousand Six Hundred Twenty-Three Dollars and No Cents ($8,623.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Tyco Pension. Agere/Lucent 401k Plan Husband has approximately 699.630 shares of Agere-Class A stock worth approximately Nine Hundred Ten Dollars and No Cents ($910.00). Husband has approximately 2,675.181 shares of Lucent stock fund worth approximately Five Thousand Fifty- Seven Dollars and No Cents ($5,057.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Agere/Lucent 401k. Keystone Oncology 401k Wife has a 401k with a value of the marital portion of this 401k of Thirteen Thousand Nine Hundred Ninety-Four Dollars and No Cents ($13,994.00). Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's Keystone Oncology 401k. Pinnacle Health 401k Wife has a Pinnacle Health 401k with a value of One Thousand Eight Hundred Seventy-Five Dollars and No Cents ($1,875.00). Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's Pinnacle Health 401k. Agere Pension Husband has a pension with Agere with a value of Twelve Thousand Three Hundred Fifty Dollars and No Cents ($12,350.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Agere Pension. Lucent TechnologiesStockPurchaseProgram Husband has stock through the Lucent Technologies Stock Purchase Program with a value of Four Hundred Sixty Dollars and No Cents ($460.00). Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Lucent Technologies Stock Purchase Program. 10 6. JOINT DEBTS AND LIABILITIES The parties have a joint mortgage with Waypoint Bank and a home equity loan with Mellon Bank on the marital residence. Wife agrees to refinance both the mortgage and home equity loan on the marital residence into her name only. The parties have no other joint debt. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation toAssets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and i~.terest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to 11 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. ALIMONY The parties agree Husband shall pay to Wife the sum of Nine Thousand Six Hundred Dollars and No Cents ($9,600.00) over a two (2) year period, provided Husband continues to be employed during that entire twenty-four (24) months. Husband shall make twenty-four (24) monthly payments to Wife of Four Hundred Dollars and No Cents ($400.00) each. Husband's payments shall be made on or before the fifth (5th) day of each month beginning on the fifth (5tl~) day of the first full month following the execution of this Agreement. These payments to Wife shall be considered alimony and taxable to Wife in each year she receives such alimony p aym ents. During this twenty-four (24) month period, if Husband should become unemployed for reasons entirely beyond his control, Husband may terminate alimony payments. Husband will not be required to repay any monies to Wife which are not paid during the months Husband is unemployed for reasons entirely beyond his control. If Husband obtains employment within the twenty-four (24) month period from the date of the execution of this Agreement, Husband shall resume payment of the monthly payments of Four Hundred Dollars and No Cents ($400.00), as stated in the previous paragraph, until the twenty-four (24) month period has expired. ~/t~)*'i, The parties do hereby acknowledge that inflation may increase or decrease, that th,eir :respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstan'ces which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable with one (1) exception. Should Husband involuntarily be terminated from his employment, not as a result of wilful misconduct, and unable to find new employment to pay the agreed upon alimony to Wife, Husband shall be excused from paying this alimony to Wife. However, should Husband secure employment to pay this alimony to Wife within the twenty-four (24) month period Husband has agreed to pay alimony, Husband shall again have the agreed upon responsibility to pay this alimony to Wife under the same terms as iden t/fled in the aforementioned paragraphs. 10. INCOME TAX RETURNS Husband and Wife have filed a joint income tax return for 2002. Husband and Wife have filed joint income tax returns while married. If the parties are entilled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each 12 other all records and information necessary or helpful for the preparation of any tax returns, any claim, for refunds, and defense of any tax audit. 11. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. WITNESS WITNESS COMMONWEALTH OF PENNSYLVANIA RALI~H S~LVADORE SETLOCK, Jl:[. HUSBAND : SS: COUNTY OF CUMBERLAND ' On this, the c-~ day of ~q~k-c,k , 2003, before me, a Notary Public, the un&:rsigned officer, personally appeared 8'~dSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when KELLY ANN SETLOCK and RALPH SALYADORE SETLOCK, JR., whose names are subscribed to the within instrument, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. 13 Notary Public t3 My Commission Expires:C~P~ ~ Notarial Seal t Kimberly IMecflanicsburg Boro, Cumberland County I. My Commission Expires Apr 4 ~005 EXHIBIT "A" Husband's Property 1) Egyptian Pictures 7) Washer / Dryer Roll Top Desk / Chair ~.} Formal Living Room [two (2) couches, wing chair, coffee table, lamp and two (2)end tables]. 5) Entertainment Center with Television and Stereo and all accessories, not VCR 61) Pole Lamp 7) Ficus Tree (must be repotted) 8) Refrigerator The remainder of the property shall be Wife's property. 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW PENNSYLVANIA Plaintiff vs. Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, h6ving been granted a Final Decree in Divorce on the /& day of '~ .~¢'~ hereby elects to resume the prior surname of _ C-~A/VAI3~// , and gives this written notice pursuant to the provisions of 54 P.S. S 704. ~gnature Sz~nffure o15 e being r~med COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND : On the /? day of · , before me, a Notary Public,' Oe~s~lly appeared the above affi--ant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof, I bare hereunto set my hand and official KELLY ANN SETLOCK, PLAINTIFF YS. RALPH SALVADORE SETLOCK, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-2574 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD, To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on June 8, 2002. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on June 24, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: May 8, 2003 Defendant: May 8, 2003 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. KELLY ANN SETLOCK, PLAINTIFF VSo RALPH SALVADORE SETLOCK, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-2574 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD, To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under :Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service ctpon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on June 8, 2002. The Affidavit of Service Certified Mail was filed with the Cumberland County Prothonotary on June 24, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: May 8, 2003 Defendant: May 8, 2003 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: Ali claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Recc~rd and is to be incorporated but not merged into the Divorce Decree. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on May 8, 2003 by the Plaintiff and on May 8, 2003 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: June ~ ,2003 ~~an Kay Ca Counsel fore'aa Suite 100 /ff~quire e Road Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ,~. PENNA. VERSUS RALPH SALVADORE $~'I'LOCK, JR. D:~'~DANT N o. 02-2574 CIVIL 'i'=F,M DECREE IN DIVORCE AND NOW,~~.,-~ DECREED THAT I~T.T.¥ ~L]~] SETLOCK AND RALPH SALVADORE SETLOCK, JR. ARE DIVORCED FROM THE BONDS Of MATRIMONY. 2003 , It IS ORDERed AND , PLAINT[ FF, , DEFENDANT, 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; . ) r. '~(~- ~ROTHONOTARY