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HomeMy WebLinkAbout94-02582 E '- ~ - '.. .'7 (j , , , .~~~~~~~~~~~~~~~~~~~_t_~..~_~_~~ $' ,,_,~~______~___,_,,_v_,____' ---"._-,. _._~ 8 8 ~ 8 ~ ~ 8 8 8 8 8 8 8 8 8 M ~~ ~ . 8 . 8 ~ 8 8 8 8 8 8 8 8 8 ~ 8 8 8 ~ ~ ~ ~ ~ 8 ~ 8 8 8 8 8 ~ 8 8 8 8 ~l____.. t_....~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. ROXAN~E CONNOR Nil, .,..~.~:::2..!j.B..~. """""""'" II) VI'I'SIIS GARY L. CONNOR DECREE IN DIVORCE AND NOW, . . ~.~ ... .~. . . . " 19 .~~. . " it is ordered and decreed that ,. ~.~~~!1!1,~ . c;!l.n.l'\<?r. . . . . . . . . . . . . . . . . , . . . . . , . . , . . " plaintiff, and ,. Qil.r.y' .f,.'. .GQI1I1.qJ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 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; tJO"-t ,.., :\'J:1!!. .~~r!1l.6. .9f. .t.I1~.1".~H~.a.~~. ~,~~n~."1enj;. Mr~~.I1)~~j;. .~I)~!'!.r:~c;I. .i.11~0 . . " .I?Y. .t.l]~, p,a.t:t 1!,!.6. .911. ,I\I)gll.6.1; . 7.l... .199.6. . 'Ir!'!. .~ n~p.r:P9r.a,tell. .nE:l;ll.i.n . but ot merged. / ,/ ,/ I fly Th~t~' AII.aI: ~ , ' p (' /~ /:';A -H -/ J ;;>\'1". ~ 1'(,;,'( ( '1'/./-1'-.. ~""'(;'l. ' ~~&1 .I.o::l /e ~A-' . A.~X' :7 -r -~rnIIHlnulll"Y .~ .~~~-*~.*~.,~.**.~~.,~~,*~.~:.~:..~.~. 8 8 8 8 8 " 8 8 8 W <:" w '.. w '.' ~ '.' l~ t'" {~ ('0- '~ ~ '.' ~: ~ '. ~ ~ $ I,', ~ . . , - .' ,.. , . <t~ 1t'! ."" , t.:.~ "-:. i ~ I i l MARRIAGE SErTLEMEHT AGREEME~ . , , 1 i ~ THIS AGREEMENT is made and entered into between Gary L. Connor ..d RD..... C. CO',or, h.r.i..ft.r ref,rr'd to .. "o.b"d ..d Wife. Th. p'rti., w.r. "rri.d o. April 3, 1971 ..d tber. i. 0" cbild born of their marriage, to wit, Matthew E. Connor. As a Consequence of disputes and unhappy differences, the The parties desire to confirm their parties have separated. the S.tt1....t of th.ir prop.rty rights, costody, ,upport, ..d ." oth.r rigbt. ..d ob1ig,tioos .risi.q DOt of tb. '.rri.g. relationship. It is therefore agreed: '.p.r.tio. "d "k. .rr.og....t. i. cO'..ctio. th.rOWitb, i.clodi.q and agreement herein Contained. The consideration for this Agreement is the mutual promises 1. CONSIDERATION A. It will be lawful for each party at all times hereafter to live "p.r,t. ,.d 'p'rt fr.. the other p.rty ,t 'och pl.c. or p1.c.s .. h. or .b. "y fro. ti.. to ti.. cboo.. or d... fit. 2. SEPARATION AND NONINTERFERENCE B. Racb porty .b'l1 b. free fro. i.terfer...., .Rthority "d CO.trol, dir.ct or i.dir.ct, by tb. otb'r, ,. folly.. if b. or .b. were single and unmarried. Neither shall bother the other or ~ .' ... " MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between Gary L. Connor and Roxanne C. Connor, hereinafter referred to as Husband and Wife. The parties were married on April 3, 1971 and there is one child born of their marriage, to wit, Matthew E. Connor. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship, It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained, 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or " ~ , . L . ' represented by Paul Esposito, Esq., in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel, 5. EOUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any ~ust or proper defense thereto. It is warranty, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this 3 . . . compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. plaintiff represents that she was represented by Marianne E. Rudebusch, Esq. in reaching this Agreement, and defendant represents that he was 2 I. .' warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 330l(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to 4 ~ . obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of civil Procedure, the named de fondant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. ~ISION OF PERSONAL PROPERTY 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 whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. The parties agree that Husband shall pay to Wife at the time of the execution of this document: (a) For mortgage payments made by her (b) As her share of the funds in checking account #23-75079-0 $2,579 100 $2,679 B. DIVISION OF MOTOR VEHICLES with respect to the motor vehicles owned by one or both of the parties, they agree as follows: Wife: Nissan Maxima Husband: VW Cabriolet; Subaru Legacy The titles to the said motor vehicles shall be executed by the 5 . . .' , . . . " parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, 9. DISPOSITION OF PROPERTY From and after tre date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that they own certain real property located at 20 Center Drive, Camp Hill, Pennsylvania, as tenants by the entireties. Husband hereby agrees to convey all his right, title and interest in said property to \~ife. Husband agrees to execute a deed or other instrument of conveyancing necessary to effectuate this transfer at the time of the execution of this document, The parties acknowledge that there is an existing mortgage against this property held by Harris Savings Bank in the amount of approximately $24,000. Wife agrees to obtain financing such that she shall either satisfy said mortgage in total or shall assume 6 . . total liability for the mortgage. wife shall hold Husband harmless and indemnify him from liability for this obligation and other obligations arising from this property. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts incurred in her name alone since date of separation. B. HUSBAND - All debts incurred in his name alone since date of separation. 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony pendente lite 7 l , . . or alimony. 14. PENSION PROGRAM Husband agrees to transfer to wife the sum of $8,630 of his retirement benefits with Donegal Mutual Insurance Company in a tax- free rollover, to be uccomplished in accordance with a Qualified Domestic Relations order (QDRO), prepared by Husband's counsel, execut~d by the parties and entered as an Order of Court. Said QDRO shall thereafter be submitted to the Plan Administrator for approval pursuant to ERISA, Section 206 (d) (3) . Said transfer through the use of a QDRO shall be done in such a fashion as to not cause either party any tax, penalty, or interest. Husband hereby releases any interest that he has in any retirement benefits wife may have accumulated as the result of her employment at Health Reach Homecare and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each party's marital claim. 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certi.ficates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange 8 c of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penal ty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. A. WARRANTY 16. AS GENERAL PROVISIONS 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 thos~ for necessities, except for 9 " " , . '. the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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 his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - \~ife and Husband covenant and agree that they will forthwith 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, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 10 " " .' . , . '. E, ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. K. 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 11 , " ". " 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 it be construed as a waiver of strict performance of any other obligations herein. K, HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, 12 .' .. , , , '. " execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. N. 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 reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending t'o be bound parties have signed and sealed this Agreement on the hereby, the ~ f ~I day of ,1:. ,,'t. .J I- " , 1996 at Harrisburg, Pennsylvania. In the presence of: /) .,.(' f' I c. , /il.u/1t, t!.f,l AI t , /I j li v /11 tc;,'lCt L.<.L-U! i2.cik J., 0..-( (/ t -, t. .. (SEAL) 'v' "" 1I1l' t. "..,u. l , t,..". l' ,...A..J ( SEAL) Roxanne C. Connor 13 L U,UA.J()f.L 9 1./- ..;; S'J),.l. ' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between Gary L, Connor and Roxanne C. Connor, hereinafter referred to as Husband and Wife. The parties were married on April 3, 1971 and there is one child born of their marriage, to wit, Matthew E. Connor. AG a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, custody, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1, CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2, SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or represented by Paul Esposito, Esq., in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 5. EOUITABLE DIVISION By this Agreement, the parties hav~ intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6, SUBSEOUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, Inay or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranty, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this , 3 " compel or ondeavor to compel the othor to cohabit or dwell with him or her, 3. MUTUAL RELEASE subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce, 4, FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and \~ife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Plaintiff reprenents that she was represented by Marianne E. Rudebusch, Esq. in reaching this Agreement, and defendant represents that he was 2 warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement, Husband and wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. c. MUTUAL CONSENT DIVORCE The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C. S. A. Section 330l(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to 4 " obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon roquest, to the extent permitted by law and the applicable Rules of Civil Procedure I the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 7. DIVISION OF PERSONAL PROPERTY \~ife 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 whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. The parties agree that Husband shall pay to Wife at the time of the execution of this document: (a) For mortgage payments made by her (b) As her share of the funds in checking account #23-75079-0 $2,579 100 $2,679 B. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Wife: Nissan Maxima Husband: VW Cabriolet; Subaru Legacy The titles to the said motor vehicles shall be executed by the . 5 total liability for the mortgage. Wife shall hold Husband harmless and indemnify him from liability for this obligation and other obligations arising from this property. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debts incurred in her name alone since date of separation. B. HUSBAND - All debts incurred in his name alone since date of separation. 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or d~mands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and \~ife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, maintenance, alimony Fendente lite 7 or alimony. 14. PENSION PROGRAM Husband agrees to transfer to wife the sum of $8,630 of his retirement benefits with Donegal Mutual Insurance Company in a tax- free rollover, to be accomplished in accordance with a Qualified Domestic Relations order (QDRO), prepared by Husband's counsel, executed by the parties and entered as an order of Court. said QDRO shall thereafter be submitted to the Plan Administrator for approval pursuant to ERISA, section 206 (d) (3) . Said transfer through the use of a QDRO shall be done in such a fashion as to not cause either party any tax, penalty, or interest. Husband hereby releases any interest that he has in any retirement benefits wife may have accumulated as the result of her employment at Health Reach Homecare and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each party's marital claim. 15. KISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property herotofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange 8 of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penal ty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. GENERAL PROVISIONS A. 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 thos~, for necessities, except for 9 the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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 his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith 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, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 10 E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. I. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. K. NO \'/AIVER 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 11 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 Game, 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 it be construed as a waiver of strict performance of any other obligations herein. Ie HEADINGS NOT PAH'r OF AGHEEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. 11. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of ' his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, 12 "', ~ c ~: ~, :j~ 1-;; .. ~L, - , i.. r( .- "~I' -, .... ,:j 1:; r.l.. '- 0 ,';\ , It) , . P' I . ('., , .") I:);, r. 'il'1 0, I L\.. . ...;... '" 'j " , ,) l.' I; ~ U @ . . .' ROXANNE CONNOR, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. GARY L. CONNOR, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Roxanne Connor, by her attorney, Marianne E. Rudebusch, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Roxanne Connor, is an adult individual who resides at 20 Center Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Gary L. Connor, is an adult individual who resides at 20 Center Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 3, 1971, in Camp Hill, Cumberland County. 5. The Plaintiff and Defendant are both citizens of the United States of America. . ' 6. parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United states or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). is irretrievably broken. separated on May 12, 1994. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. There have been no prior actions in divorce between the The marriage of the parties The Plaintiff and Defendant COUNT II EOUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. fr. C) i;; "J ~~ .. t:- CO? .:J~ r) ,. ~~J .,.. )::''' u: -' )::! I, CO") ")- ~!~ <', ~'Q ,-'7 O:!:' !:'~ (Jij:] I: ~ . I a.. '. '1- <0 ~j U v' (J e.q " ~ c:> ~ N I~ .. ~::; ('"; ;)~ '_ :::to;: a: .)~ ? ..,~ (" . >- ...., ,'vl I. ~ ._;,.~ 0. ;~; l'.l ;.tJ ~ ; -lti] "I~ r~ ::i ..... II. '.CI 5 0 ()\ U 0'.4 ~ 0 ~ N .. "5;:) ~IS M ;J~ ;~ ::c J'>~ ... C- a.. l~ ~i! F' ,...., .~\q "J r!t:l ~'- c'- ,1lE rrLL, ..1' - ] -- .; 1- ..0: ,- tL \.0 ..:J C' c.." () fA >- 0 ~ ~ C'\/ '-. 1- M i5i wQ fEC' :t: ,,) ~f! a.. ;' ~ 5:1 c ' '>- <'? ' '-I} c. - ~ ~. I C. ('.., ;';2 En F; ';11] f-. ;:,: '}I1.. tI. It) a u ", ~ . , . ' . r' ~ , '! . '. .. . , , . .. \, .. ,.. S R: .. . Campl.lIll1m, I .ndlal 2 tOI ,dd.Uon,1 ,,,ylell, 1: . Campl," il.m. 3. .nd 4. . b. I' Print vou' nlm. .nd .dd".. on Ihl rev"" ' of thl, 101m 10 lhlt w. tin filum Ihi, Clld 10 yOU. . Alllth thl, larm to thl "ani ollhl m.tlp'.ce. 01 on thl b'tllll 'PICI do.. nol Pllmll. ' I . Write "R'lurnR'ni$lt Requelltd" on the m'llpleu b,low Ihl ,rlicl, numb.~ 'ti . Thl R'lurn A.nlpt Will ,how 10 whom Ihl "llcI. Wit deltv,"d .nd thl dill C d,lIv",d. o I 3. Article Addressed to: E [~tl."L1 J.. {It.ll1 n 0 S J.j ~ l:l .Rb Lt'11/t,- l.)I'IVl'.. I ~lJ/'r)F ).J.II, I'~ ,7{)}/ ~ 6. Sign ffi ~~ ~--, ~ 0, ~'9DB!UI& .n~~ -.,.. "";,,>,\. /v'-;' e,l \./\\....,/ - '~/L..X:~\::/-t!' .!I PS,Folm ,D&e&mb&l 1881 . U80,P,O,: '"1-30'.&30 . I I ,.11 I 1111 I" ,'1111 I . l~...... .... I el.o wl.h '0 receive the foliowlng .lIvlell Ifor en Sklre j' f..I: 1. 0 Add........ Add,... 2, )d:' Re'lrlct.d D.llv.,y i Consult ostmaster fo' fee. J 4e, Al\lci. Numb., ) [i fh!i (I '71 i 4b. S.,vle. Typ. II: o R.gl.t.r.d 0 In,ul.d )!1 C.,lilied 0 COD o EXpl... M.II )l( R.M 7, OD'. of D.llv.,y l 0.....: ~ O. Addl....... Add,... I nly If ,.qu.lI.d 1 .nd f.. I. p.ldl ~ III .Ii g 15 .. DOMESTIC RETURN RECEIPT p 0.() n Q' -n .- ~.:s '\l ~.. ~1'.1 '\ ...E l. ~.., I "~ 1)1: LII ,!) to "'\1 L ,~) ~ \~ La) ~l .. ., CJ1 ~ :;1 ... >oJ ~ 0 N 1:: i? .~:-: .. ~:1;5 ~Q C"l l.h... .' )....". Ci ' "". 'j' Q.. " ~:j ~l' . >- ,{ ..., .:'.1/ -t:' N i.... .~ liLe ' L'. ',iil ~, .', "Jtl. ,. ~~ " II, In 'j U '" U @ . . . I .., 11 "-l7..1'. t':; tt-.; '.' p~; I 1;'<- ~. I " , , ,'" ..' .' il " i . .~1 I f!~; , " . .~. . , 4. Plaintiff and Defendant were married on April 3, 1971 in Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United states of America. 6. There have been no prior actions in divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this complaint, Plaintiff intends to file an Affidavit consenting to a divorce. plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on May 12, 1994. COUNT II EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. ,- , ,- ~ ,.. ~ In .. M ~i "\ I~ :'C ~~ Q., [:1: tn ffim I '''p - -- -, 1"= 0:., ~ ~ ...., a' U , , . . MARIANNE E. RUDEBUSCH, Esquire .,_ 845 Sir Thomas Court, Harrisburg, PA 17109 J lJl~ C G j996 (717) 657-0~32 ,h,J the marital home on July 12. 1995, however, the parties had been living separate and apart within the household since on or about May 12. 1994. On October 14. 1995. Defendant/Respondent made a paymem of $2,231.10 on the parties' mortgage with the intention of satisfying the payments due for August and October. Upon her unilateral depanure from the home. Plaintiff/Petitioner refused to make any commitmem to the payment of the mortgage, real estate taxes or any other related obligations, including responsibility for the parties' son, leaving them instead to De fendam/ Responde m. The parties have. since the filing of the instant Petition. reached an imerim agreement whereby Defendam/Respondent will vacate the marital residence by December I, 1995, and Plaimiff/Petitioner will assume occupancy and responsibility for all obligations relating to the home as of that date. 6. Denied. Defendam/Respondem has no intention of encumbering or alienating this marital asset. nor can he do so in light of the panies' ownership as tenants by the entireties. 7. Denied, for the same reasons as set forth in paragraph 6 of this Answer. 8. The avermem of paragraph 8 is a legal conclusion to which no response is required. 9. Denied, for Ihe reasons set forth in paragraphs 6 and 7. 10. The averment of paragraph 10 is a legal conclusion to which no response Is " '. .. ROXANNE CONNOR Plaintiff/Petitioner :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW v. GARY L. CONNOR Defendant/Respondent :NO. 94 - 2582 CIVIL TERM 1994 : IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO SECTIONS 3104(a) AND 3505(a) OF THE DIVORCE CODE AND PA RULE OF CIVIL PROCEDURE 1920.43 TO THE HONORABLE JUDGES OF THE SAID COURT: Plaintiff/Petitioner, Roxanne Connor, by her attorney, Marianne E. Rudebusch, files this Petition for Special Relief in order to preserve and protect the parties' mar! tal property and, in support of the Petition, respectfully represents that: 1. Plaintiff/Petitioner, Roxanne Connor, is the Plaintiff in this divorce action and currently resides at 206 Beacon Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant/Respondent, Gary L. Connor, is the Defendant in this divorce action and currently resides at 20 Center Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are husband and wife, having been married on April 2, 1971. 4. This action was commenced with the filing of a Complaint in Divorce on May 13, 1994, in which the Plaintiff/Petitioner, Roxanne Connor, included a claim for a divorce on the grounds set forth at Sections 3301(c) of the Divorce Code. Page 1 of 4 .' '. , 5, During the course of the marriage, the parties acquired assets, including real and personal property, which constitute marital property within the meaning and intent of the Pennsylvania Divorce Code and which are subject to equitable distribution. The parties purchased the marital home, located at 20 Center Drive, Camp Hill, Cumberland County, Pennsylvania, and own it as tenants in the entireties. The Plaintiff/Petitioner moved out of the marital home on July 12, 1995. The Defendant/Respondent remains in the marital home. The Defendant/Respondent refused to make payments on the mortgage to Harris Bank in the amount of $1,088.34 per month, beginning with the August 1, 1995 payment. Plaintiff/Petitioner, Roxanne Connor, has offered D~fendant/Respondent, Gary Connor to move into the marital home and take over the mortgage payments. The Defendant/Respondent has refused this offer. 6. Upon information and belief, Defendant/Respondent, Gary Connor, will encumber or alienate this marital property without regard to Plaintiff/Petitioner, ROKanne Connor's, interest therein or her claim for equitable distribution. 7. Upon information and belief, if Defendant/Respondent, Gary Connor, disposes of, or encumbers this asset in his sole Page 2 of 4 .' '. .. . control, the remaining marital assets will be insufficient to adequately protect the Plaintiff/Petitioner, Roxanne Connor's, right to equitable distribution of the parties marital property. 8. Pursuant to Section 3323(f) of the Divorce Code, this court has full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require . . 9. The relief sought by Plaintiff/Petitioner, Roxanne II Connor: a. is necessary to protect her interests in the marital property; b. is necessary to effectuate the purposes of the Divorce Code; c. is required by equity and justice. 10. Plaintiff/Petitioner, Roxanne Connor, has no adequate remedy at law. 11. Upon information and belief, Plaintiff/Petitioner, Roxanne Connor, will suffer irreparable harm and lose forever her rights to equitable distribution of marital property unless Defendant/Respondent, Gary Connor, is enjoined from dissipating marital assets in his control. Page 3 of 4 MARITAL PROPERTY PLAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES, ITEM NO.1 ITEM NO.2 1990 Nissan Maxima DESCRIPTION OF PROPERTY Marital Home 20 Center Dr., Camp Hill,PA NAMES OF ALL OWNERS Roxanne C. Connor Gary L. Connor Roxanne Connor VALUE $110.000 $9,000 VALUATION DATE 8/94 5/94 ADDITIONAL LIENS OR EHCUMBRANCES outstanding mortgage for $40/000 held by Harris Savings Bank .'.t .. f;: CI .' ~.'; (~.~ we t; ~). '~ C' ;.:-:t I.. ~r ....- 1.~ :~J -t.. " "1 .I. j (~ , c, u..! - ";J (.l. .. I(~ .- II. t-.. I U U' U . INCOME AND EXPENSE STATEMENT OF ROXANNE CONNOR INCOME Employer: Capital Health System Address: 205 South Front Street, Harrisburg, PA 17105-8700 Type of Work: Home Care Registered Nurse Payroll Number: Dept. 9410 Emp. 2925 Pay Period (Weekly, ai-weekly, etc.): Bi-weeklYi paid hourly basis. Gross Pay Per Pay Period: Figures given per month, based on past six month $3,044.30 per month. Itemized Payroll Deductions: Federal Withholding $323.00 Social Security $229.00 Local Wage Tax $ 30.00 State Income Tax $ 85.00 Unemployment $ 1.00 Medicare Tax $ Retirement (401K) $304.00 Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ 52.00 Pension Contribution $ Net Pay Per Pay Period $2,020/month OTHER INCOME: MONTHLY ANNUAL Interest $ $ (C.D. & Mun. Bonds) Dividends $ $ Pension $ $ Annuity $ $ Social security $ $ Rents $ $ Royalties $ $ Expense Account $ $ Unemployment Compo $ $ Workmen'R Camp. $ $ Gifts $ $ Other Capital Gains $ $ Total $ $ TOTAL INCOME: $2,020 $24,240 EXPENSES MONTHLY ANNUAL HOME: Mortgage/Rent $1,088 $13,056 Maintenance & Lawn $ 50 $ 600 utilities: Electric $ 75 $ 900 Gas $ $ oil $ 66 $ 792 Sewer & Refuse $ 24 $ 288 Telephone $ 40 $ 480 Water $ 25 $ 300 Refuse City $ $ EMPLOYMENT: public Transportation $ $ Lunch $ $ TAXES: Real Estate $ 100 $ 1,200 Personal Property $ 8 $ 96 INSURANCE: Homeowners $ 21 $ 252 Automobile (s) $ . 52 $ 624 Life $ $ Accident $ $ Health $ $ Other $ $ AUTOMOBILES: Payments $ $ Fuel (all vehicles) $ 60 $ 720 Repairs $ 80 $ 960 MEDICAL: Doctor $ 4 $ 48 Dentist $ $ Orthodontist $ $ Hospital $ $ Medicine $ 38 $ 456 special needs $ 4 $ 48 (glasses, braces, orthopedic devices, etc. ) EDUCATION: Private School $ $ Parochial School $ $ College $ $ Religious $ $ PERSONAL: Clothing $ , 50 $ 600 Food $ 180 $ 2,160 Barber/Hairdresser $ 50 $ 600 Credit Payments $ $ Credit Card $ 50 $ 600 Charge Accounts $ $ Memberships $ $ LOANS: Credit Union $ $ MISCELLANEOUS: Child Care/Babysitting $ $ Papers/Books/Magazines $ $ Entertainment $ $ Pay T.V. $ $ Vacation $ 125 $ 1,500 Gifts $ $ Legal Fees $ 132 $ 1,584 Charitable Contributions $ 100 $ 1,200 Other Counselling $ $ Tax Preparation $ $ TOTAL EXPENSES $ 2,422 $29,064 t,l '. -.. r.:> ii' .J :-- .,' ,., .. ,~~~ UJ~ C') ~\' 0- R. '1- ..'~~ .Lr ;~ ~:' ,.") f.') f'I' I ' ;~ " n.;'; , ;:11 I ". .Il. I!, '" ., U C. U ... \; lI'l .. gi M ::: p.. '1~ In ~m I ~ ., \0 a g\ '-' 'v-