HomeMy WebLinkAbout94-02723
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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JOHN D. DAVIS
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Plaintiff
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MARY S. DAVIS
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Defendant
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DECREE IN
DIVORCE
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AND NOW..,..,..... ..t}(,t'QPf4.... .z.~,~., 19. .f.'f". it is ordered and
decreed that.... ~?~~. ~:, ~!\Y!?..............................., plaintiff.
and. . , . . .. .. .. . . ./o!I\~X .q.. .QI\\(~!!".. . , . .. , .. . , .. . . . . . . . . . ... ". defendant,
are divorced from the bonds of matrimony.
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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;
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Subject to the responsibilities of the parties in the Marriage Settlement
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4.
MARRIAGE SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this 2 3 - day of .)....'" '- , 1994, by and
between MARY S. DAVIS, of Mechanicsburg, Cumberland County,
Pennsylvania, hereinafter referred to as "Wife", and JOHN D, DAVIS,
of Mechanicsburg, Cumberland County , Pennsylvania, hereinafter
referred to as "Husband."
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on March 26,
1966; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they are living separate and apart from each
other; and
WHEREAS, Husband and Wife have made a full disclosure of their
assets to each other; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations with respect to each other, including the
disposition and distribution of property rights and interests
between them; and
NOW, THEREFORE, the parties intending to be legally bound
hereby, do covenant and agree:
1.
It shall be lawful for each party at all
SEPARATION.
times hereafter to continue to live separate and apart from the
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other party at such places as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as
an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart,
2, INTERFERENCE. Each party shall be free from interference,
authority, and contact by the other, as fully as if he or she were
single and unmarried except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other
or attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, or in any way harass or malign the other,
nor in any way interfere with the peaceful existence, separate and
apart from the other,
3. WIFE'S DEBTS. Wife represents and warrants to Husband
that since the separation she has not and in the future she will
not contract or incur any debt or liability for which Husband or
his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against
him by reason of debts and obligations incurred by her, Wife
acknowledges and agrees that all debts and obligations incurred by
the Wife prior to the date of the delivery of this Agreement, and
all further debts incurred by the Wife from and after the date of
delivery hereof, shall be the Wife's individual responsibility.
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4. HUSBAND'S DEBTS, Husband represents and warrants to Wife
that since the separation he has not and in the future he will not
contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him, Husband acknowledges and
agrees that all debts and obligations incurred by the Husband prior
to the date of the delivery of this Agreement, and all further
debts incurred by the Husband from and after the date of delivery
hereof, shall be the Husband's individual responsibility.
5, 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 and except for any or all
causes of action for breach of any provision of this Agreement.
6, DISCLOSURE OF PROPERTY. Husband and wife acknowledge and
agree that they have made a full and complete disclosure to the
other of all information pertaining to the parties' separate and
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marital property owned, possessed and/or controlled by the other at
the time of the separation of the parties and, further, that the
Husband and Wife voluntarily and intelligently agree to waive any
rights which they may have to receive an inventory and appraisement
of all property owned or possessed by them either jointly or
individually, at the time of the delivery of this Agreement or of
the commencement of any action in divorce.
7, DIVISION OF PERSONAL PROPERTY. The parties agree that
they have divided between themselves, to their mutual satisfaction,
all items of tangible, personal property previously used by them in
the marital horne, All such items in the marital home shall become
the property of the Wife with the exception of the big screen tv,
sectional couch, single bed, assorted dishes and kitchen utensils,
which shall be preserved for the benefit of the Husband.
8. AUTOMOBILE. Husband hereby agrees to transfer to Wife all
of his right, title and interest in and to the 1986 Ford Bronco,
which is currently titled in Husband's name. Husband hereby waives
any claim, right or title in and to said automobile.
9, REAL ESTATE, Husband and Wife hereby mutually agree that
the marital real estate known and numbered as 216 Fox Drive,
Mechanicsburg, Cumberland County, Pennsylvania now titled in the
names of Husband and Wife, as tenants by the entireties, shall be
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transferred to the Wife subject to Wife's assumption of payment of
the outstanding first and second mortgages to GMAC and Sears
respectively, Wife hereby agrees to be solely responsible and
shall indemnify and hold harmless Husband from any and all claims
or demands made against him by any reason on account of said
mortgage obligations.
10. PENSION AND RETIREMENT PLANS, Wife hereby agrees to waive
all right, title and interest in and to Husband's retirement,
pension and profit sharing plan through his employment with
Allstate Insurance Company and/or Sears. Wife further agrees to
execute any and all documents necessary to release any claim she
may have now or hereafter.
Husband hereby agrees to waive all right, title and
interest in and to Wife's retirement, pension and profit sharing
plan through her employment, Husband further agrees to execute any
and all documents necessary to release any claim he may have now or
hereafter,
11. LIABILITIES. Husband hereby agrees to be solely
responsible for the following marital liabilities:
A. All outstanding charge accounts including Wanamakers,
Penneys, Sears and Visa.
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B, Outstanding Internal Revenue Service tax liability for
income taxes for the years 1991 and 1992 having an approximate
balance of $5,000,00,
C. A joint loan in the face amount of $6,000 payable to
Wife's parents, which amount will be repaid within twenty-four (24)
months after the college graduation of the daughter, Stephanie.
Husband hereby agrees to indemnify and hold harmless Wife from any
and all claims or demands made against her by reason of the
liabilities as mentioned in this subparagraph.
12, ADDITIONAL CONSIDERATIONS. In consideration for this
marital property settlement, Husband hereby agrees to provide Wife
with the following additional considerations:
A, Two (2) plane tickets per year to visit the children
provided Wife gives Husband thirty (30) days' advance notice.
B. Husband will purchase for Wife a refrigerator and
tv/vcr of her choice in the total amount not to exceed $1,750.00.
C. Husband will provide to Wife the total cash sum of
$100,000 payable without interest in five (5) equal annual
installments of $20,000 each with the first payment due twelve (12)
months after termination of the alimony payments as hereinafter set
forth.
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13, ALIMONY/SUPPORT, Husband hereby agrees to pay to Wife the
sum of $1500 per month as spousal support and/or alimony for a
period of five (5) years from the date of this Agreement or until
the death of Wife, whichever shall first occur, The first payment
is due within thirty (30) days from the date of the execution of
this Agreement, Husband shall also provide to Wife reimbursement
of those medical expenses in connection with a pre-cancer condition
which are not covered by medical insurance.
14. LIFE INSURANCE, Husband hereby agrees to maintain for the
benefit of Wife sufficient life insurance in an amount to protect
Wife against any loss as a result of Husband's death from those
obligations assumed by Husband as identified in paragraphs 11, 12
and 13.
15. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to division of property
in lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have against
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the other for the equitable distribution of their property by any
court of competent jurisdiction pursuant to the Domestic Relations
Code or any other laws, Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
16. COSTS. Husband hereby agrees to pay all expenses related
to the preparation of this Agreement and all court costs related to
the filing of a no fault divorce, excluding any counsel fees for
the benefit of Wife. Wife hereby agrees to waive all claims and
demands that she may now or hereafter have against Husband for
counsel fees and expenses or for any other provisions for support
and maintenance before, during and after the commencement of any
proceedings for the divorce between the parties.
17. BREACH. If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, and the party
breaching this contract should be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights
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under this Agreement, or seek such other remedies or relief as may
be available to him or her.
18, 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.
19, MODIFICATION AND WAIVER. The modification or waiver of
any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement, The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
20. DESCRIPTIVE HEADINGS, The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANT. It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
22. APPLICABLE LAW, This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania.
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23, VOID CLAUSE, 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,
24, ENTRY AS PART OF THE DECREE. It is the intention of the
parties that the within Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party, and
no order, judgment or decree, temporary, interlocutory, final or
permanent shall affect or modify the financial terms of this
Agreement. This Agreement shall be embodied in and made part of
any such judgment or decree of final divorce. Husband agrees to
provide to wife, at his expense, a certified copy of the final
Decree in Divorce.
25. VOLUNTARY EXECUTION. The Husband acknowledges that
Charles J. DeHart, III, Esquire acted as legal counsel to him in
connection with the negotiation and preparation of this Marriage
Settlement Agreement, Husband represents that the provisions of
this Agreement are fully understood and acknowledges that the
Agreement is in all respects fair and equitable, that it is being
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entered into voluntarily and knowingly and that it is not the
result of any duress or undue influence,
The Wife acknowledges that she has been advised to seek
independent legal counsel for review of this Agreement prior to its
execution, Wife further acknowledges that she voluntarily entered
into this Agreement with full understanding of its legal effect.
Upon that provision, Wife acknowledges and represents that each
provision of this Agreement has been reviewed with her by Charles
J, DeHart, III, Esquire and is fully understood.
She further
acknowledges that the Agreement is in all respects fair and
equitable, that it is being entered into voluntarily and knowingly,
and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written,
WITNESS:
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MARY S. DAVIS
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 'DA UP If 110
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On this, the c..,I..j - day of >t L t..-h..L-
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before me, a Notary PUblic, the undersigned officer,
SS:
, 1994,
personally
appeared MARY S. DAVIS, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
uee~ L v rf;; B--eU.A
Nary Pub c
NOTARIAL SEAL
TillY C, KOLUS. t:.Jtary Public
Harrisburg. Dauphin County
My Commission Expires Nov. 28, 1996
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF D f)~/tN( IN
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On this, the d< j day of (:c<..<..JL-
before me, a Notary Public, the undfsigned officer,
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personally
appeared JOHN D. DAVIS, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
c. ~ &-fo..-<1
otary Publ1c
NOTARIAL SEAL
tiLL V C. KOLUS, Nolary Puhlic
Harrlsbufll, Oauphin Coulti
My CommISSion &IIiles ~. 28. 1996
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JOHN D. DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 94-2723 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARY S. DAVIS,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
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
(X)3301(c) ()3301(d) (1) of the Domestic Relations Code. (Check applicable
section. )
2. Date and manner of service of the Complaint: certified mail on May
26, 1994 as evidenced by an Affidavit of Service dated June 2, 1994.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Domestic Relations Code: by Plaintiff, October 17,
1994; by Defendant, October 17, 1994.
(b) (1) date of execution of the Plaintiff's Affidavit required by
Section 3301(d) of the Domestic Relations Code:
(2) date of service of the Plaintiff's Affidavit upon the
Defendant:
4. Related claims pending: None.
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5. The parties have executed a Marriage Settlement Agreement, dated,
June 23, 1994, which Agreement has been filed of record at the within term
and number, and which Agreement is requested to be incorporated in the final
Decree in Divorce, but not merged therein.
(' j...,. ) L \,. (::/___
Attorney fot (X) Plaintiff
/ () Defendant
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JOHN D. DAVIS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. CfLf-J. 7J3 ~ T~
Plaintiff
vs.
MARY S. DAVIS
CIVIL ACTION - LAW
IN DIVORCE
Defendant
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 made
proceed without and a decree of divorce or annulment may be entered
against you by the Court. A jUdgment may also be entered against
you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Room 101, Dauphin County Court House,
Front and Market Streets, HarriSburg, Pennsylvania.
IF YOU DO NOT FILB A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
Third Floor, Cumberland County Court House
Carlisle, PA 17013
(717) 249-1133
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JOHN D. DAVIS
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No.
MARY S. DAVIS
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DOMESTIC RELATIONS CODE
1. Plaintiff is John D. Davis, an adult individual who
resides at 216 Fox Drive, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant is Mary S. Davis, an adult individual who
resides at 216 Fox Drive, Mechanicsburg, CUmberland County,
Pennsylvania, 17055.
3. Both the Plaintiff and the Defendant have been bona fide
residents of the Conunonwealth of Pennsylvania for at least six
months inunediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 26,
1966 in Coatsville, Pennsylvania.
5. There have been no prior actions in divorce or annulment
between the parties.
6. The Defendant is not a member of the armed forces of the
United States or any of its allies.
7. The Plaintiff avers that the marriage is irretrievably
broken.
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B. Plaintiff has been advised that counseling is available
and that Plaintiff may have the right to request that the Court
require the parties to participate in counseling. The Plaintiff
does not desire counseling.
9. Plaintiff requests the Court to enter a Decree of Divorce.
CALDWELL & KEARNS
Date:
~-/5-1<t
By {;C
Charles J DeHart, III,
3631 North ront Street
Harrisburg, PA 17110
(717) 232-7661
1. D. #15617
Attorney for Plaintiff
L"I-' IJ-.- -C-
Esquire
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JOHN D. DAVIS IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 94 - 2723 CIVIL TERM
MARY S. DAVIS
CIVIL ACTION - LAW
IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for
said Commonwealth and County, Charles J. DeHart, III, Esquire,
who being duly sworn according to law, states that he served a
certified copy of the Complaint in Divorce, with attached "Notice
to Defend and Claim Rights", upon the Defendant, Mary S. Davis,
pursuant to Pennsylvania Rules of Civil Procedure 403 and 412 by
mailing to the said Defendant at her residence, 216 Fox Drive,
Mechanicsburg, Pennsylvania 17055, by certified mail, restricted
delivery, return receipt requested, said certified mail piece
being No. P 832 865 692; that service of the foregoing was made
on May 26, 1994; and that attached hereto and incorporated herein
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by reference is the return receipt, bearing the signature of the
Defendant, acknowledging receipt of the aforementioned documents
by the Defendant,
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CHARLES J.)OeHART, III, ESQUIRE
Sworn to and subscribed
before me this 2nd day
of June, 1994.
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Nota . ublic
~IO lARIAI SEAL
IUNICU [JURKU 1, No:ary PUlJlic
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M, Co~;'css ::1 bo;~cs FelJ 4, 1997
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11 . Complet, ft,,,,, 1 andlor 2 fot Iddhionll MMC",
I .. Compltl. Itlms 3. and 41 . b.
. Print your ftllme and tdd,... on the '.",m. of .,.... 'onn 10 thlt WI c'"n
filUm thla card to you.
! . Att.ch WI 'orm 10 the front of 1M fMnpiK., 01 on the beck If lpace
dot, not permit.
! . Wrhe "Altum Receipt Requelted" on the mI~ betow the en6dt ~
II: . The R.tum Rtc:.lpl wia .how 10 whom the trtlde w.. delfvllred and tM date
a d.II"'I*.
'i 3, Anlc'. Addr....d to:
i Mary S. Davis
lif16 Fox Drive
~ eChanicsburg, PA 17055
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lollowlng ..rvlc.1 Ilor .n .xtr.
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2. . Restricted O.lIv.ry
Consult atma.tar for fee.
4., Anlcl. Number
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P 865 692
4b, Sarvlc. Type
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7. Oat. of O.lIv.ry
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00'" GPO: '-'714
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JOHN D. DAVIS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2723 Civil Term
Plaintiff
vs.
MARY S. DAVIS
CIVIL ACTION - LAW
IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
I, JOHN D. DAVIS, being duly sworn according to law, deposes
and says:
1. A Complaint in Divorce under Section 3301 (c) of the
Domestic Relations Code was filed on May 23, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
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 understand that
the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request; and,
being so advised, I do not request that the Court require that my
spouse and I engage in counseling prior to a Divorce Decree being
handed down by the Court.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
Date:
Od-ck.tn. L7, ~~ "1_
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JOHN D, DAVIS
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-2723 Civil Term
Plaintiff
vs.,
:
MARY S. DAVIS
.
.
Defendant
:
CIVIL ACTION - LAW
IN DIVORCE
:
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS:
I, MARY S. DAVIS, being duly sworn according to law, deposes
and says:
1. A Complaint in Divorce under Section 3301 (c) of the
Domestic Relations Code was filed on May 23, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
the Complaint.
3. I consent to the entry of a final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
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 understand that
the Court maintains a list of marriage counselors in the Domestic
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Relations Office, which list is available to me upon request; and,
being so advised, I do not request that the Court require that my
spouse and I engage in counseling prior to a Divorce Decree being
handed down by the Court,
I verify that the statements made in this Affidavit are true
and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa. C, S. Section 4904, relating to
unsworn falsification to authorities.
Date:
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Defendant
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JOHN D. DAVIS,
Plaintiff (Respondent)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO: 2723 CIVIL 1994
CIVIL ACTION . LAW
MARY S. DAVIS,
Defendant (Petitioner)
IN DIVORCE
ORDER OF COURT
AND NOW, this
,f'" day of )",c..w/,v.-- ,2oob , upon consideration
of the within Petition for Special Relief and on the motion of Snelbaker, Brenneman
& Spare, P.C., a rule is hereby issued on the Respondent to show cause why the
relief sought in said Petition should not be granted.
Rule returnable within 30 days from service
A certified copy of this Order shall serve as the Rule.
Petitioner shall serve a duly certified copy of this Order with copy of Petition
attached by certified mail return receipt requested.
LAW O.....'ClE.
SNELBAKER.
BRENNEMAN
II< SPARE
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JOHN D. DAVIS,
Plaintiff (Respondent)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO: 2723 CIVIL 1994
CIVIL ACTION. LAW
MARY S. DAVIS,
Defendant (Petitioner)
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, Mary S. Davis, by her attorneys,
Snelbaker, Brenneman & Spare, P.C., and respectfully represents as follows:
1. Your Petitioner is Mary S. Davis, the Defendant in the above captioned
action, who resides at 2690 Coral Landings Boulevard, #422, Palm Harbor, Florida
34684.
2. The Respondent herein is John D. Davis, the Plaintiff in the above
captioned action, whose last known residence and address is 1102 Draymore Court,
Hummelstown, PA 17036.
3. The parties' marriage was duly dissolved by Decree in Divorce entered
in this action on October 25, 1994, by Honorable Kevin A. HesG, which Decree
incorporated therein a Marriage Settlement Agreement dated June 23, 1994
(erroneously dated in the Decree as June 24, 1994)(hereinafter "Agreement") a true
copy of said Agreement being attached hereto marked "Exhibit A" and incorporated
LAW O"'ICES
SNELBAKER.
BRENNEMAN
8: SPARE
herein by reference thereto.
4. At all times during the formation of the Agreement and during the
pendency of the divorce action, Petitioner was not repl'esented by separate legal
counsel for the following reasons:
A. Throughout the parties' marriage (then for a duration of
approximately 28 years), Petitioner was dependent on Respondent on all
issues of family related property and financial matters because of
Respondent's domination on such business matters.
B. When Petitioner suggested to Respondent that she obtain
separate counsel, Respondent dissuaded Petitioner against such separate
representation by informing Petitioner that they did not have the funds
required to engage separate counsel for each party.
C. Petitioner had no adequate separate funds or estate by which to
engage separate counsel. Petitioner's modest earnings from employment were
used for family expenses and necessary living costs.
D. Respondent assured Petitioner that the attorney he engaged
(the counsel who prepared the Agreement and who processed the divorce
action) was fail' and would act on her behalf. Petitioner believed said attorney
was representing her interests also.
E. Petitioner trusted and believed Respondent with regard to the
LAW O,.,.CE8
SNELBAKER.
BRENNEMAN
8: SPARE
foregoing statements and representations.
2
Ii. HeHpondentled and dominatmlthe discuHHionH with Petitioner which
J'eHulted in the formation of the Agreement, which discusHionH contained the
following matel'ial miHrepl'eHentations and/Ol' deficiencieH:
A. HeHpondent inHiHted that Petitioner accept the parties' l'Cal
estate in kind knowing that Hhe would be liquidating the property and
without advising her of income tax liability. Petitioner had no knowledge of
income tax law. again IlCing totally dependent on Respondent's knowledge
and ability.
B. ReHpondent failed to advise Petitioner of other liabilities in
selling the real estate. including, but not limited to, late charges on mortgage
loan, Jlenalties for delinquent sanitary sewage charges and delinquent real
estate taxes.
C. Respondent informed Petitioner that Pennsylvania divorce law
allowed alimony for no more than five years.
D. Respondent informed Petitioner that his retirement benefits had
a value of $200,000 and that Petitioner was entitled to only one-half thereof.
Petitioner received no independent documentation of such benefits.
E. ResJlondent did not provide Petitioner with documentation of
the values of the marital estate but made the division and allocation thereof
LAW O"FICE.
SNELBAKER.
BRENNEMAN
Be SPARE
to Petitioner baHed on his discuHHions with his attorney.
G. Petitioner has received information recently which she believes to be
true that Respondent had undisclosl'd rl'tirenll'nt benefits suhHtantially in exceHS of
:3
the $200,000 represented by Respondent, allegedly maturing at approximately
$1,000,000.00.
7. The Agreement failed to make full and fair disclosure of the parties'
worth.
8. Because of the foregoing, Petitioner has or will suffer the following
consequences:
A. Petitioner's distributive share of the marital estate under the
Agreement was inequitable, insufficient and inadequate, being contrary to
the law of equitable distribution under Pennsylvania divorce law.
B. Petitioner has incurred and will incur improper liabilities for
taxes, discharge of unknown debts and expenses in the sale of the marital
real estate, and possible future income taxes.
C, Petitioner has suffered the loss of alimony beyond the 5-year
limit imposed in paragl'aph 13 of the Agreement.
WHEREFORE, Petitioner requests your Honorable Court to:
(1) Declare the Agreement null and void;
(2) Set aside the Agreement;
(3) Open the Decree in Divorce to permit Petitioner to pursue all
economic issues as permitted under the Pennsylvania Divorce Code (23 Pa.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
C,S. ~ 3101 et seq.) including, but not limited to, alimony pendente lite,
counsel fees, expenses, equitable division of marital property and alimony;
and
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(4) Such other relief as is just and proper.
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SNELBAKER, BRENNEMAN & SPARE, p.e.
ard e. Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsbul'g, PA 17055-0318
(717) 697 -8528
Attol'l1cys for Petitioncr
LAW O"ICIE8
SNELDAKER.
BRENNEMAN
a SPARE
f)
VERIFICATION
I, Mary S. Davis, hereby verify and certify: that I am the Petitioner in the
foregoing Petition for Special Relief; that facts in said Petition within my personal
knowledge are true and correct; and that the facts averred in said Petition based
upon information received from others I believe to be true and correct. I understand
that any false statements made in said Petition are subject to the penalties of 18 Pa.
C.S. ~ 4904 relating to unswol'll falsification to authorities.
~ J.~AaJ
Mar S. Davis
Dated: December Ie;;? ,2000.
LAW O'FlCI8
SNELBAKER.
BRENNEMAN
a SPARE
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Joseph Metz, Esquire
For the Plaintiff
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JOHN D. DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94-2723 CIVIL
CIVIL ACTION - LAW
MARY S. DAVIS,
Defendant
IN DIVORCE
IN RE: MOTION TO MAKE RULE ABSOLUTE
ORDER
AND NOW, this
Z ,,:" day of March. 200 I, argument on the within motion to
make rule absolute is set for Friday, April 6, 200 I, at II: I 5 a.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
Richard Snelbaker, Esquire
For the Defendant
:rlm
JOHN D. DAVIS,
Plaintiff (Respondent)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO: 2723 CIVIL 1994
CIVIL ACTION . LAW
MARY S. DAVIS,
Defendant (Petitioner)
IN DIVORCE
REPLY TO NEW MATTER AND
MOTION TO MAKE RULE ABSOLUTE
REPLY TO NEW MATTER
AND NOW, comes Petitioner, Mary S. Davis, by her attol'lleys, Snelbaker,
Brenneman & Spare, P.C. and responds to Respondent's New Matter as follows:
A. Preface
Petitioner is under no obligation to respond to Respondent's New Matter
because: (a) the New Matter is not verified as required by Pa. R.C.P. 1024, and (b)
there is no notice to plead as required by Pa. R.C.P. 1026,
However, Petitioner responds in order to avoid further delay by other
proceedings and in support of her Motion to Make Rule Absolute hereinbelow.
B. Replv
9. The content of paragraph 9 of the New Matter is a series of conclusions
LAW OFFICES
SNELBAKER.
BRENNEMAN
a SPARE
oflaw to which no answer is required and, therefore, the same are deemed to be
denied.
10, Thc contcnt of paragraph 10 of thc Ncw Mattcr is a scrics of
conclusions oflaw to which no answcr is rcquircd nnd, thcrcforc, thc samc arc
dccmcd to bc dcnicd,
11, Thc contcnt ofparngrnph 11 ofthc Ncw Mnttcr is n scrics of
conclusions of law to which no answel' is requircd nnd, thereforc, the same are
dcemed to be denied,
12. Aftcl' rcasonnble invcstigntion, Pctitioncr is without knowledge 01'
infol'mation sufficicnt to form a bclicf ns to the truth of thc nverments containcd in
pal'8gl'llph 12 of Ncw Matter nnd, thcrcforc, thc samc nrc dccmcd to bc denied
pursuant to Pa. R.C.P. 1029 (c).
WHEREFORE, Pctitioner rcspcctfully requcsts your Hon01'llble Court to
entel' judgment in favor of Pctitioncr and against Rcspondcnt in accordance with
thc Motion to Makc Rule Absolutc as sct forth hcreinbclow.
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioncr, Mary S. Dnvis, by hel' attorneys, Snelbakcr,
Brenneman & Spare, P.C., and movcs YOUI' Honol'llble Court to make absolute the
rule heretofore issued bascd on thc following:
1. PetitionCl' filcd hcr Pctition for Spccinl Rclief on Dccember 18,
LAW OFFICES
SNELBAKER.
BRENNEMAN
a SPARE
2000, nnd Honorablc Kcvin A. Hcss by Ordcr datcd thc snmc datc issued n
rule upon Rcspondcnt to show causc why thc pl'llYCI' ofthc Pctition should
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not bc grantcd, said Rulc to bc rcturnablc within thirty days from scrvicc.
2. Pctitioncr's counscl scrvcd a ccrtificd copy of said rule with
Petition attachcd on Rcspondcnt by ccrtificd mail as sent on December 21,
2000, and rcccivcd on Dcccmbcl' 23,2000, truc copics ofthc rcccipts for
mailing and dclivcry bcing attachcd hcrcto markcd "Exhibit A".
3. On 01' about January 19,2001, your Pctitioners received a copy
(uncertified and without any indication of filing) of a documcnt entitled
"Response to Pctition for Special Relicf' which was not vcrified by
Respondent, and containing a section entitled "New Matter" which did not
contain a notice to plead.
4. Said Response being unverified, it is not in compliance with the
requirement to respond within said time specificd in the Order of December
18, 2000.
5. Since thc New Mattcr containcd no notice to plead, Petitioner is
under no obligation to respond thereto.
WHEREFORE, Petitioner requests your Honorable Court to make absolute
the rule issued on December 18, 2000, and dircct that the Marriagc Settlement
Agrccmcnt dated June 23, 1994 be dcclared null and void and set asidc, and the
Decree in Divorce entered October 25, 1994, be opened with leavc to Petitioner to
LAW OFFICES
SNELBAKER.
BRENNEMAN
a: SPARE
3
pursue all economic issues permitted under Pennsylvania Divorce Code (23 Pa. C.S.
S 3101 et seq.)
SNELBAKER, BRENNEMAN & SPARE, P.C.
BY~' .
Richard C. Snelbaker, Esquire
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Mary S. Davis, Petitioner
LAW OFFICES
SNELOAKER,
BRENNEMAN
8: SPARE
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U.S. Postal Service
CERTIFIED MAIL RECEIPT '.
(DomestIc Mall Only; No In SUr-lOCO Covorogo Provldod)
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~em 4 ~ Aesll1c1ed Delivery Is desired,
. Prinl your nome and address on Ihe raverse
so thai we can return the card 10 you,
. Attach this card 10 the back 01 the mallploce.
or on the front II space permlls.
1. Ar1lcIoAddressedta:
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John D, Davis
1102 Draymore Court
Hummelstown, PA 17036
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2. Ar1lcIo Number (Copy from -label)
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EXHIBIT A
CERTIFICATE OF SERVICE
I hcrcby ccrtify that I am this datc scrvicc a truc and corrcct copy of thc
within Rcply to Ncw Mattcr and Motion to Makc Rulc Absolutc upon thc Attorncy
for Rcspondent by scnding thc samc by first-class mail, postagc paid addressed as
follows:
Joseph U. Metz, Esquire
Killian & Metz
214 Pine Street
Harrisburg, PA 17101
IC ard C. Srielbaker, Esquire
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697.8528
Attorneys for Mary S. Davis, Petitioner
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
Date:1P6. 1f." 2001
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. DAVIS,
Respondent
NO. 2723 CIVIL 1994
CIVIL ACTION - LAW
IN DIVORCE
vs.
MARY S. DAVIS,
Petitioner
REPI.Y OF RESPONDENT JOHN D, DAVIS
TO MOTION TO MAKE RULE ABSOI.\JTE
Comes the Respondent John D. Davis and makes the following Reply to the
Motion to Make Rule Absolute filed by Petitioner Mary S. Davis.
I. Admitted.
2. Admitted.
3. Admitted and denied as follows: Admitted that on or about January 19,
2001, Petitioner received a copy entitled "Response to Petition for Special Relief."
Denied that said Response was not filed, To the contrary, it was filed with the Court in a
timely manner.
4. Denied as a conclusion of law and further denied as follows: Petitioner's
complaints with Respondent's filing are, in summary. that it did not include a Notice to
Plead on a New Matter and did not include a verification. Both of these matters may be
addressed only by preliminary objections which Petitioner has failed to file in this case.
Respondent's response was in compliance with the Order of October 18, 2000.
Appended to this Reply is a signed Verification applicable to Respondent's Response to
Petition for Special Relief, which was not included with that document through mistake.
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5. Admitted. If Petitioner chooses not to respond to the ncw matter filed in
this case, he is free to do so.
WHEREFORE, Respondent John D. Davis respectfully requests that Petitioner's
Motion to Make Rule Absolute be denied.
Date: 3,( / Y O(
J h. MelZ, Esquire
J.D. No. 32958
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
-2-
.
VERIFICATION
I, JOHN D. DAVIS, hereby verify and certifY: that I am the Respondent in this
maUer; that facts in my Response to Petition for Special Relief within my personal
knowledge are true and correct; and that the facts averred in said documents based upon
infonnation received from others I believe to be true and correct. I understand that any
false statements made in said Petition are subject to the penalties of 18 Pa. C.S. Section
490'1 relating to unsworn falsification to authorities.
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AND NOW, this ent, day of J i{O(;Cc' .2001,1 hereby certify that I have
served a true and correct copy of the foregoing Reply of Respondent upon the person, in
the manner indicated below:
Service by first class mail. postage prepaid, on this date addressed as follows:
Richard C. Snelbaker. Esquire
44 W. Main Street
P.O. Box 318
Mechanicsburg, P A 17055
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AFFIDA VIT
I hereby affinn that the facts set forth in the attached Reply of Respondent John D.
Davis to Motion to Make Rule Absolute are true and correct to the best of my knowledge
and belief. I understand that any false statements made in this document are subject to
the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
.
JOHN D. DAVIS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
"5.
: NO. 2723 CIVIL TERM 1994
: CIVIL ACTION - LAW
MARY S. DAVIS.
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this ..3/....1t day of 7~ ,2001. upon consideration of
the within Defendant's Motion to Resolve Objections and to Compel Answers to
Interrogatories and Request for Production of Documents, argurnent on said Motion
is set for the .3oTA day of au ;;,uo-f: .2001, at ..3: trV o'clock I' .M"
prevailin~ time, in Court Room No. J.-( , of the Curnberland County Courthouse
at Carlisle. Pennsylvania.
By the Court,
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lAW OFFICES
SNElBAKER.
BRENNEMAN
8r: SPARE
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JOHN D. DAVIS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
Plaintifi'
vs.
: NO. 2723 CIVIL TERM 1994
: CIVIL ACTION - LA W
MARY S, DAVIS,
Defendant
IN DIVORCE
DEFENDANT'S MOTION TO RESOLVE OBJECTIONS
AND TO COMPEL ANSWERS TO INTERROGATORIES
AND REOUEST FOR PRODUCTION OF DOCUMENTS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
AND NOW. comes Mary S, Davis, Defendant in the above captioned action, by her
attorneys, Snelbaker, Brenneman & Spare, P,C., and respectfully relates and moves as follows:
I. On May 14.2001, Defendant by her attorneys served upon Plaintiffs attorney (a)
Defendant's Interro~atories (First Set) directed to Plaintifr<hlnterrogatories") and (b)
Defendant's First Reqllest for Prodllction of Docllllle/lls Directed to PlaintifJ(hRequest for
Production"), true copies of both documents being attached hereto,
2, On or about June 6. 2001, Plaintiff submitted a Reply (!( John D, Davis to
Defendant's First Reqllest jor Production ofDoCIIllle/llS and De/imdant's Interrogatories (First
Set) Directed to Plaintiffbeing in the nature of objections to the discovery documents, a true
copy of said Reply being attached hereto,
3. Dcfcndant contcnds that Plaintiffs objcctions arc without legal basis or
justilication and that Plaintiff should bc compelled to make appropriatc rcsponses to said
lAW OFFICES
SNElBAKER
BRENNEMAN
8r: SPARE
Interrogatories and Requcst for Production,
WHEREFORE. Dcfcndant rcspcctlillly rcqucsts your Honorablc Court. aftcr argumcnt, to
ordcr and dircct Plaintiif to providc answcrs to thc Intcrrogatorics and to providc a rcsponsc and
.
produce documents in accordance with the Request for Production, and to award Defendant her
costs and expenses (including attorney's fees) in effecting compliance with Pennsylvania Rules
of Civil Procedure.
SNELBAKER, BRENNEMAN & SPARE, PoCo
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ichard C. Snelbaker, Esquire
44 West Main Street
PoO, Box 318
Mechanicsburg, P A 17055-0318
Attorneys for Defendant
LAW OFFICES
SNELBAKER.
BRENNEMAN
8r: SPARE
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CERTIFICATE OF SERVICE
I hereby eertify that I am this date serving a true copy of the within Defendant's Motion
/0 Resolve Objections and to Compel Amwers III Interrogatories alld Reqllest for Production of
Docllments upon thc Attorney for Plaintiffby sending the samc by first-class mail, postage paid
addressed as follows:
Joseph Uo Metz, Esquire
Killian & Metz
214 Pinc Strect
Harrisburg, PA 17101
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'. Snelbaker. Esquire
Snelbaker. Brenneman & Spare, PoCo
44 West Main Strcet
PoOo Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Defcndant.
Mary S. Davis
Date: July .80 ,2001
LAW OFFICES
SNElBAKER.
BRENNEMAN
a SPARE
JOHN Do DAVIS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NOo 2723 CIVIL TERM 1994
: CIVIL ACTION - LAW
\'5.
MARY So DAVIS,
Defendant
: IN DIVORCE
DEFENDANT'S INTERROGATORIES (FIRST SET)
DIRECTED TO PLAINTIFF
TO: John Do Davis
(Plaintiff)
And
Joscph U. Metz, Esquirc
Killian & Metz
214 Pine Strcet
Harrisburg, P A 17101
Attorneys for Plaintiff
PLEASE TAKE NOTICE that you are hercby rcquested pursuant to the Pennsylvania
Rules of Civil Proccdure 400 I, ct seq" to serve upon the undersigned within thirty (30) days
after service of this Notice. answers in writing and under oath to the following Interrogatorieso
By
, Snelbaker, Esquire
44 West Main Street
Post Office Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Defendant
LAW OFFICES
SNElBAKER.
BRENNEMAN
Be SPARE
Datc: Mav It!, 2001
DEFINITIONS AND INSTRUCTIONS
"You" or "your" as used herein means thc Plaintiff to whom this Request is directed, his
agents, employees. contractors, attorneys or any person. finn or entity acting on behalf of or at
the request of said party,
"Defendant" shall mean and refer to Mary So Davis, and/or her agents, employees..
contractors. attorneys or any othcr person, firm or cntity acting on behalf of or at the request of
said Mary S, Davis,
"Plaintiff' as used herein means John D. Davis, his agents, employees, contractors,
attorneys or any person, linn or entity acting on behalf of or at the request of John D, Davis,
"Identify" as used herein with respect to persons, mcans state the name, last known
addresso phone number. employer and employment position of the persono When used with
respect to businesses. corporations. associations or entities, "Identify" means state the full name,
last known address of its principal place of business and phone nllmber of such business,
corporation, association or entity,
When an interrogatory requires you to "describe", to "state the basis of' or to "state all
facts" on which you rely to support a particular claim, contention or allegation, state in the
answer each and every fact and identify each and every document or communication which
supports, refers to, or evidences such claim, contention or allegation,
Whenever you are asked to "identify" a document or documents, the following
infonnation should be given as to each document of which you are aware, whether or not you
LAW OFFICES
SNELBAKER:.
BRENNEMAN
8: SPARE
have possession, custody or control thereof:
(a) The naturc of the document, e.g., letter, memorandum, compull:,r print-out, minutes,
resolution. tape recording, etc,; .
2
(b) Its date (or ifit bears no date, the date when it was prepared);
(c) The name, address, employer and position of the signer or signers of the document (or
if there is no signer, of the person who prepared the document);
(d) A bricfstatement of the subject mailer ofthc document.
The words "document" or "documents" as herein uscd include, but are not limited, to
any written or graphic mattcr of any kind whatsoever, howcver produced or reproduced, any
electronically or magnetically recorded matter of any kind or charactcr, however produced or
reproduced, and any other mattcr concerning the recording of data or infonnation upon any
tangible thing by any means, including, but not limited to, the original, non-identical copy, rough
or final draft of thc following (regardless of however or by whomever prepared, produced or
rcproduced): books, records, reports, memoranda. notes, Ictters, telegrams, diaries, calendar or
diary entries, schedules, maps, graphs, contracts, studics, analyses, instructions, photographs,
tape-recordings, computer tapcs, computcr disks or diskettes, telex or fax transmissions,
correspondence, messages. CD-ROM" drawings, forms and work paper or any other thing in
which any matter is memorialized.
These Interrogatories shall bc deemed to bc continuing Interrogatories, Between the time
of your answers to these Intcrrogatories, and the timc of trial, if you or anyone acting on your
behalf learn of or obtain additional infornlation requested herein, but not supplied in your
answers, then you shall promptly furnish a supplemcntal answer under oath containing the same.
LAW OFFICES
SNELBAKER.
BRENNEMAN
a SPARE
3
INTERROGATORIES
10 When did you retire from employment with Allstate Insurance Company?
Answer:
20 As the result of your retirement from such employment, are you receiving periodic
pension payments?
Answer:
a. If so. what was the amount per period:
(I) At the time of retirement?
(2) Presently?
b, If so, what is its duration?
Co Ifso, is Mary S. Davies entitled to any benefits?
(I) Presently?
(2) At any specific time in the future?
(3) Upon your death?
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
d.
not.
If so, and if Mary S, Da\'is is not entitled to any benefits at any time, explain why
4
30 Ao Did you receive upon retirement (or subsequently) any lump-sum payments
originating with any pension program or plan with Allstate Insurance Company?
Answer:
B. If so, state the amounts and dates received.
40 At the time of your retirement, did you have an interest in any savings and/or profit
sharing fund with, through or by reason of your employment with Allstate Insurance company?
Answer:
a. If so, what was its value at the time of your retirement?
bo If so, did you cancel. redeem or otherwise withdraw any money or other assets
from such fund?
(I) If so, identify the funds or other assets and the values thereof and
the dates of receipt of such money or other asscts,
LAW OFFICES
$NELBAKER.
BRENNEMAN
6: SPARE
5
50 Upon your retirement from Allstate Insurance Company employment:
(a) Were you entitled to life insurance coverage?
Answer:
(I) Ifso, identify the insurer and the amount ofcover8ge immediately
following rctircmcnt.
(2) If so, did you continue to receive such coverage after retirement?
(b) Were you entitled to health care benefits?
Answer:
(I) Ifso. idcntify the type of the benefits, the provider and the
nature/coverage of thc benefits,
(2) If so, did you continue to receive such coverage after retirement?
6. Did you consult with any income tax expert prior to the time of preparation of the
Marriage Settlement Agreement dated June 23, 1994?
Answer:
(a) If so, idcntify such expert and provide hislher address.
6
70 State the date, if any, on which you and Mary So Davis consulted or conferred with
Charles Jo DeHart, lll, Esquire,
Answer:
8, During your years of employment, did you become entitled to any deferred
compensation?
Answer:
(a) Ifso, idcntify the dates and amounts involvedo
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
7
CERTIFICATE OF SERVICE
I hereby certify that I arn this date serving an original and one copy of the
within Defendant's Interrogatories (First Set) Directed to Plaintiff upon the
Attomey for Plaintiff by sending the sarne by first-class rnail, postage paid
addressed as follows:
Joseph Do Metz, Esquire
Killian & Metz
214 Pine Street
Harrisburg, PA 17101
ichard Co Snelbaker, Esquire
Snelbaker, Brenneman & Spare, PoCo
44 West Main Street
P.Oo Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Defendant,
Mary So Davis
LAW OFFICES
SNELO"KER.
BRENNEMAN
&: SPARE
Date: l'day I &F , 2001
, ,
JOHN Do DAVIS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
VB,
: NO: 2723 CIVIL TERM 1994
CIVIL ACTION - LAW
M.ARY So DAVIS,
Defendant
IN DIVORCE
DEFENDANT'S' FIRST REQUEST FOR PRODUCTION OF
DOCUMENTS DIRECTED TO PLAINTIFF
TO: John Do Davis
(Plaintiff)
and
Joseph Uo !\Ietz, Esquire
Killian & Metz
214 Pine Street
Hal'l'isburg, PA 17101
Attorneys for Plaintiff
Pursuant to Pennsylvania Rule of Civil Procedure 400901, et seqo, Defendant,
Mary S. Davis, requests that Plaintiff, John D. Davis, produce and permit
Defendant to inspect and copy each of the documents specified below. The
doc:urnents should be rnade available for inspection and copying during regular
business hours at the offices of Defendant's attorneys, Snelbaker, Brenneman &
Spare, PoC" 44 West Main Street, Mechanicsburg, Pennsylvania, within thirty (30)
days of the service of this Request,
LAW OFFICES
SNELBAKER.
BRENNEMAN
Be SPARE
Plaintiff, John D. Davis, shall also serve a written response to this Request
for Production of Documents upon Defendant's attorneys within thirty (30) days of
said service.
INSTRUCTIONS
1. Produce all docurnents known or reasonably available to you, This rneans
that you are required to produce all documents in the possession, custody,
or control of you, your attorneys, accountants, investigators,
representatives, agents, employees, servants, contractors, consultants,
associates, or any others acting on your behalf or under your direction or
control or their attorneys or agents,
20 If you claim that the attorney-client privilege or any other privilege or
reason for withholding docurnents is applicable to any docurnent
requested, please state as to each document:
(a) the subject matter ofthe docurnent;
(b) the narne of the writer, sender, or initiator of the original and each
copy of the docurnent;
(c) the narnes of the recipients, addresses, or persons to whorn the
original or any copy of the docurnent was sent;
(d) each person who has ever had possession, custody or control of the
original or any copy of the document;
(e) the date of the original and each copy of the docurnent, if any, or an
estimate of its date;
(f) a statement of the basis ofthe clairn of privilege; and
LAW O"IClS
SNELBAKER.
BRENNEMAN
III SPARE
(g) sufficient further information concerning the docurnent and the
circumstances surrounding the docurnent to explain the claim of
privilege and to allow a court to adjudicate the propriety of your clairn
of privilegeo
2
30 If you assert privilege as to a portion of any category of documents or
things requested, produce the remainder of that category as to which you
do not assert a privilegco If you assert pl'ivilege as to any portion of a
document or thing requested, produce the portion as to which you do not
assert a pl'ivilegeo
40 This Requcst shall be deemcd to be continuing. Between the tirne of your
rcsponsc and the time of any hearing hcld on thc Objections, if you obtain,
secure or gain control over any docurnents requested herein; then you
shall promptly furnish Objectors' attorneys with sarne in accordance with
thc direction hereino
DEFINITIONS
The words "document" or "documents" as herein used include, but are not
lirnited, to any writtcn or graphic rnatter of any kind whatsoever, however
produced or reproduced, any electronically or rnagnetically recorded matter of
any kind or character, however produced or reproduced, and any othcr matter
concerning the recording of data or information upon any tangible thing by
any rneans, including, but not lirnited to, thc original, non.ident~cal copy,
rough or final draft of the following (regardlcss of however or by whomever
prepared, produced or reproduccd): books, records, repol'ts, rnernoranda,
LAW O"'CES
SNELBAKER,
BRENNEMAN
8< SPARE
notes, lettcrs, telcgrarns, diaries, calendar or diary entries, schedules, maps,
graphs, contracts, studies, analyses, instructions, photographs, tape-
rccordingso computer tapes, computer disks or diskettes, telex or fax
3
0,
8, Copies of all docurnents related to any present value or actuarial calculations
with regard to your retirernellt benefits,
BRENNEMAN & SPARE, P.C,
By
lchard Co Snelbaker, Esquire
44 West Main Street
PoOo Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Defendant,
Mary So Davis
Date: May It! ' 2001
LAW OFFICES
SNELBAKER.
BRENNEMAN
8c SPARE
5
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving an original and one copy of the
within Defendant's First Request for Production of Docurnents Directed to Plaintiff
upon the Attorney for Plaintiff by sending the sarne by first-class mail, postage paid
addressed as follows:
Joseph Uol\Ietz, Esquire
Killian & Metz
214 Pine Street
Harrisburg, PA 17101
IC ard C. Snelbaker, Esquire
Snelbaker, Brenneman & Spare, PoCo
44 West Main Street
P.Oo Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Defendant,
Mary S. Davis
LAW OFFICES
SNELBAKER.
BRENNEMAN
8< SPARE
Date: May It", 2001
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY. PENNSYLVANIA
John D. Davis
Plaintiff
v.
Noo 2723 CIVIL 1994
(Divorce)
Mary So Davis
Defendant
REPLY OF JOHN Do DAVIS TO DEFENDANT'S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS AND DEFENDANT'S INTERROGATORIES
(FIRST SET DIRECTED TO PLAINTIFF)
Comes the Plaintiff John D, Davis and scts forth the following as his objcctions to
the Interrogatories and Request for Production of Documents in this caseo
John Do Davis objccts to all of Defendant's lntcrrogatorics and rcqucsts for
Production of Documents on the following groundso The Discovcry requcst made
concerned a divorce action, which was granted over sevcn years ago. The Marriage
Settlemcnt Agreement ending economic claims between the parties was signcd on June
23, 19940 Mary So Davis has only now, seven years later, decidcd to initiate claims
against John Do Davis to the effect that that she should have sought more economically in
her property settlemcnt. Mary So Davis's attempts to find out the economic history of
John D, Davis since their divorcc are unduly burdensome, embarrassing and none of her
businesso Mary So Davis signed a Marriage Settlement Agrcemcnt forestalling thc claims
she now secks \0 pursue and she may not obtain any Discovcry as requcstcd hcrc because
her divorce case and rela\ed property settlement are barred by the Marriage Scttlemcnt
AgrcclIIcnt. by thc unJuly burJcnsulIIc nuturc ofhcr I'ClJucsts lor Discuvcry, hy laches unJ
undue delay on her part.
Additionally all requests for copies of Income Tax Returns filed by John Do Davis
for the years 1997 on are barred by the privacy concerns involved as those returns are
joint returns filed with his new wife Patriciao
Respectfully submillcd.
Daf/r(
J
D 9
llomey for Plaintiff John Do Davis
KILLION & METZ
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
-2-
CERTIFICATE OF SERVICE
I hereby certify that on this ~ day of ~ 200 I, that I have sent
the attached Reply to the following by first class mail, postage prepaid:
Richard Co Snelbaker, Esqo
44 West Main Street
PoO. Box 318
Mechanicsburg, PAl 7055-0318
Respectfully submitted:
i
It
I'
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,I
;t
JOHN D, DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
Ii
I:
vs.
94-2723 CIVIL
CIVIL ACTION - LAW
MARY So DAVIS,
Defendant
IN DIVORCE
IN RE: MOTION TO COMPEL
ORDER
AND NOW, this so'" day of August, 200 I, following on-record argument. the
objections of the plaintiff to interrogatories 1.2,3.4 and 5 are SUSTAINED. The plaintiff is
directed to respond to interrogatories 6. 7 and 80
The plaintiff is directed to respond to requests for production of documents 3 and 6,
number 6to be limited to copies of all documents documenting employment benefits with
Allstate Insurance Company through June 23. 1994. Objections to the remaining requests are
SUSTAINED,
This order is entered without prejudice to the defendant to repropound interrogatories and
document requests but limited to circumstances as they existed prior to the date of divorceo
BY THE COURT,
Joseph Metz, Esquire
For the Plaintiff
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Richard Snelbaker. Esquire
For the Defendant
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.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, J>ENNSYL VANIA
John Do Davis.
Plaintiff (Respondcnt)
Noo 2723 Civil 1994
Civil Action - Law in Divorce
v,
Mary So Davis,
Defendant (Petitioner)
RESPONSE TO PETITION FOR SPECIAl. REJ.lEF
Comes the Respondent John D. Davis, by his attorneys and sets forth as follow
and response to petitioner's Petition For Special Relief:
10 Admittedo
20 Admitted.
30 Admitted, exccptthe Marriage Settlement Agreement is not attached to the
copy served on John Daviso
40 Denied as a conclusion of law and further denied factually. Contrary to
the allegations of paragraph 4. John Davis encouraged Mary Davis to obtain separate
counsel at all times during the divorce proceedingso In addition to numerous oral
encouragements by both John Davis and Charles DeHart, Esquire, to obtain separate
counsel Mary Davis also signcd a Marriagc Settlement Agreement including in
numbered paragraph 25 an acknowledgment that she had been advised to seek
independent legal counsel and an acknowledgment that the agreement was in all respects
fair and equitable and entered into voluntarily and knowinglyo (Marriage Settlement
Agreement attachcd hcretoo)
Additionally, Mary Davis ha~ apparcntly had no hesitancy or problem in obtaining
prior legal counsel concerning this matter as excmplified by the attached letter of October
1.1999 from Attomey Orr. (attachcd hereto)
J'
'.
50 Denied as conclusions oflaw and further denied factually as follows:
John Davis did not lead or dominate the discussion and made no
rnisrepresentations of any kind. John Davis in no way insisted that Mary Davis accept the
real estate in kindo She in fact requested it. John Davis was aware that Mary Davis had at
least as much knowledge as he did concerning income tax law and any liabilities
concerning the sale of real estate, John Davis at no time informed Mary Davis that
Pennsylvania Divorce Law allowed alimony for no more than five yearso John Davis did
not misinfonn Mary Davis concerning the amount of retirement benefits he had but
instead showed her an annual statement of those benefits as he had for many years
previouslyo John Davis provided full infonnation and documentation conceming the
marital estate to Mary Davis who then made an infonned and voluntary decision to sign a
Marriage Settlement Agreement over six years ago. which has remained unchallenged by
her until her alimony payments ran out. Only now does she find these defects in the
document which she signed as an adult in June of 19940
60 Denied as conclusions oflaw and further denied factually as follows:
Mary Davis is completely wrong in alleging that John Davis has retirement
benefits at approximately $ I million. The worth of Davis's pension did go up since 1994
mainly because he continued to work for six years after the divorce. The attached
retirement statements of Davis show the value of his retirement fund at the time of the
divorce and at the time of his retirement from AllStateo
70 Deniedo The agreement made fair and full disclosure to both parties and
was willingly signed by both after consultation with counselor an infonned refusal of
counsel 0
80 Denied as a conclusion of law and further denied as follows:
Mary Davis has not suffered any consequence other than as a result of a
-2-
'<
bargained-for- exchange in a Marital Settlement Agreement willingly signed by her over
six years ago as an adult person after having been told to obtain counsel by both John
Davis and Charles DeHart. Esquireo Mary Davis then let the matter sit for six years and
even consulted another lawyer in 1999 before filing the present action where she
discovers she was misinfonnedo
WHEREFORE, Respondent John Davis respectfully requests that the Petition for
Special Relief be dismissedo
NEW MA ITER
90 Petitioner is barred from pursuing this matter because of her delay in
bringing it after having signed a Marital Settlement Agreement and been granted a
divorce in 1994 by undue delay, laches, the doctrine of equitable estoppel, the statute of
limitations and any and all other doctrines concerning undue delay by one who sits on
their rightso
100 Petitioner Mary Davis is further barred from bringing this action as it
appears she was aware of most or all of the claims she brings here on or before October
I I, 1999 as set forth in her then counsel's lettero
110 Mary Davis is barred from pursuing this matter because of the Marital
Settlement Agreement she signed in June of 1994 for bidding and barring claims such as
she presents in this matter. which were conclusively settled for all time in that document.
120 John Davis has acted in reliance on the tenns of the Marital Settlement
Agreement at issue here for over six years all while reasonably relying on the agreement
of Mary Davis to its tennso John Davis retired from his job in 1999 while relying on the
validity of the then unchallenged Marital Settlement Agreement now at issue here.
-3-
~
WHEREFORE. Respondent John Davis respectfully requests that Petitioner Mary
Davis's Petition for Special Relief be dismissed.
Date 1//0/0{
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(/(~-
Jo~eD Uf
1.0:"3295
Counsel for Respondent John Davis
KILLION & METZ
214 Pine Street
Harrisburg, PA mOl
(717) 232-0879
-4-
~l
CERTIFICATE OF SERVICE
I hereby certify that on this) R1\'1day of b~ll/CI ~f001, that I have sent the
attached Response to Petition for Special Rclief to the following by first elass mail.
postage prepaid:
Richard C. Snelbaker, Esquire
44 West Main Street
Mechanicsburg, P A 17055
Respectfully submitted.
~
Jpseph :Metz, Esquire
mUON & METZ
214 Pine Street
Harrisburg, PA 17101
(717) 232-0879
-:!
MARRIAGE SETTLEMENT AGREEMENT
.') -7d _
THIS AGREEMENT, made this':-J day of ,) ....v~ , 1994, by and
between MARY S. DAVIS, of Mechanicsburg, cumberland County,
Pennsylvania, hereinafter referred to as "Wife", and JOHN D. DAVIS,
,
of Mechanicsburg, Cumberland County, pennsyl vania, hereinafter
referred to as "Husband."
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on March 26,
1966; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they are living separate and apart from each
other; and
WHEREAS, Husband and Wife have made a full disclosure of their
assets to each other; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations with respect to each other, including the
disposition and distribution of property rights and interests
between them; and
NOW, THEREFORE, the parties intending to be legally bound
hereby, do covenant and agree:
1.
SEPARATION.
It shall be lawful for each party at all
times hereafter to continue to live separate and apart from the
~'I
.
other party at such places as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as
an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart.
2. INTERFERENCE. Each party shall be free from interference,
authority, and contact by the other, as fully as if he or she were
single and unmarried except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other
or attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, or in any way harass or malign the other,
nor in any way interfere with the peaceful existence, separate and
apart from the other.
3. WIFE'S DEBTS. Wife represents and warrants to Husband
that since the separation she has not and in the future she will
not contract or incur any debt or liability for which Husband or
his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against
him by reason of debts and obligations incurred by her. Wife
acknowledges and agrees that all debts and obligations incurred by
the Wife prior to the date of the delivery of this Agreement, and
all further debts incurred by the Wife from and after the date of
delivery hereof, shall be the Wife's individual responsibility.
2
'"
4. HUSBAND'S DEBTS. Husband represents and warrants to wife
that since the separation he has not and in the future he will not
contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him. Husband acknowledges and
agrees that all debts and obligations incurred by the Husband prior
to the date of the delivery of this Agreement, and all further
debts incurred by the Husband from and after the date of delivery
hereof, shall be the Husband's individual responsibility.
5. 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 and except for any or all
causes of action for breach of any provision of this Agreement.
6. DISCLOSURE OF PROPERTY. Husband and wife acknowledge and
agree that they have made a full and complete disclosure to the
other of all information pertaining to the parties' separate and
3
i,:
marital property owned, possessed and/or controlled by the other at
the time of the separation of the parties and, further, that the
Husband and Wife voluntarily and intelligently agree to waive any
rights which they may have to receive an inventory and appraisement
of all property owned or possessed by them either jointly or
individually, at the time of the delivery of this Agreement or of
the commencement of any action in divorce.
7. DIVISION OF PERSONAL PROPERTY. The parties agree that
they have divided between themselves, to their mutual satisfaction,
all items of tangible, personal property previously used by them in
the marital home. All such items in the marital home shall become
the property of the Wife with the exception of the big screen tv,
sectional couch, single bed, assorted dishes and kitchen utensils,
which shall be preserved for the benefit of the Husband.
8. AUTOMOBILE. Husband hereby agrees to transfer to Wife all
of his right, title and interest in and to the 1986 Ford Bronco,
which is currently titled in Husband's name. Husband hereby waives
any claim, right or title in and to said automobile.
9. REAL ESTATE. Husband and Wife hereby mutually agree that
the marital real estate known and numbered as 216 Fox Drive,
Mechanicsburg, Cumberland County, Pennsylvania now titled in the
names of Husband and Wife, as tenants by the entireties, shall be
4
transferred to the Wife subject to Wife's assumption of payment of
the outstanding first and second mortgages to GMAC and Sears
respectively. Wife hereby agrees to be solely responsible and
shall indemnify and hold harmless Husband from any and all claims
or demands made against him by any reason on account of said
mortgage obligations.
10. PENSION AND RETIREMENT PLANS. Wife hereby agrees to waive
all right, ti tle and interest in and to Husband's retirement,
pension and profit sharing plan through his employment with
Allstate Insurance Company and/or Sears. Wife further agrees to
execute any and all documents necessary to release any claim she
may have now or hereafter.
Husband hereby agrees to waive all right, title and
interest in and to Wife's retirement, pension and profit sharing
plan through her employment. Husband further agrees to execute any
and all documents necessary to release any claim he may have now or
hereafter.
11. LIABILITIES. Husband hereby agrees to be solely
responsible for the following marital liabilities:
A. All outstanding charge accounts including Wanamakers,
penneys, Sears and Visa.
5
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~
B. outstanding Internal Revenue Service tax liability for
income taxes for the years 1991 and 1992 having an approximate
balance of $5,000.00.
c. A joint loan in the face amount of $6,000 payable to
Wife's parents, which amount will be repaid within twenty-four (24)
months after the college graduation of the daughter, Stephanie.
Husband hereby agrees to indemnify and hold harmless Wife from any
and all claims or demands made against her by reason of the
liabilities as mentioned in this subparagraph.
12. ADDITIONAL CONSIDERATIONS. In consideration for this
marital property settlement, Husband hereby agrees to provide Wife
with the following additional considerations:
A. Two (2) plane tickets per year to visit the children
provided Wife gives Husband thirty (30) days' advance notice,
B. Husband will purchase for Wife a refrigerator and
tv/vcr of her choice in the total amount not to exceed $1,750.00.
c. Husband will provide to wife the total cash sum of
$100,000 payable without interest in five (5) equal annual
installments of $20,000 each with the first payment due twelve (12)
months after termination of the alimony payments as hereinafter set
forth.
6
"',
.
13. ALIMONY I SUPPORT. Husband hereby agrees to pay to wife the
sum of $1500 per month as spousal support and/or alimony for a
period of five (5) years from the date of this Agreement or until
the death of Wife, whichever shall first occur. The first payment
is due within thirty (30) days from the date of the execution of
this Agreement. Husband shall also provide to wife reimbursement
of those medical expenses in connection with a pre-cancer condition
which are not covered by medical insurance.
14. LIFE INSURANCE. Husband hereby agrees to maintain for the
benefit of wife sufficient life insurance in an amount to protect
Wife against any loss as a result of Husband's death from those
obligations assumed by Husband as identified in paragraphs 11, 12
and 13.
15. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to division of property
in lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have against
7
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the other for the equitable distribution of their property by any
court of competent jurisdiction pursuant to the Domestic Relations
Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
16. COSTS. Husband hereby agrees to pay all expenses related
to the preparation of this Agreement and all court costs related to
the filing of a no fault divorce, excluding any counsel fees for
the benefit of Wife. Wife hereby agrees to waive all claims and
demands that she may now or hereafter have against Husband for
counsel fees and expenses or for any other provisions for support
and maintenance before, during and after the commencement of any
proceedings for the divorce between the parties.
17. BREACH. If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, and the party
breaching this contract should be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights
8
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under this Agreement, or seek such other remedies or relief as may
be available to'him or her.
18. 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.
19. MODIFICATION AND WAIVER. The modification or waiver of
any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
20. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANT. It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
22. APPLICABLE LAW. This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania.
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23. VOID CL1\USE. 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.
24. ENTRY AS PART OF THE DECREE. It is the intention of the
parties that the within Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party, and
no order, judgment or decree, temporary, interlocutory, final or
permanent shall affect or modify the financial terms of this
Agreement. This Agreement shall be embodied in and made part of
any such judgment or decree of final divorce. Husband agrees to
provide to wife, at his expense, a certified copy of the final
Decree in Divorce.
25. VOLUNTARY EXECUTION. The Husband acknowledges that
Charles J. DeHart, III, Esquire acted as legal counsel to him in
connection with the negotiation and preparation of this Marriage
Settlement Agreement. Husband represents that the provisions of
this Agreement are fully understood and acknowledges that the
Agreement is in all respects fair and equitable, that it is being
10
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entered into voluntarily and knowingly and that it is not the
result of any duress or undue influence.
The Wife acknowledges that she has been advised to seek
independent legal counsel for review of this Agreement prior to its
execution. wife further acknowledges that she voluntarily entered
into this Agreement with full understanding of its legal effect.
Upon that provision, wife acknowledges and represents that each
provision of this Agreement has been reviewed with her by Charles
J. DeHart, III, Esquire and is fully understood.
She further
acknowledges that the Agreement is in all respects fair and
equitable, that it is being entered into voluntarily and knowingly,
and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
WITNESS:
0!J~- ~ -
CJ
/2":7 4 b'''-:'-
MARY S. DAV
~~(tfw-
11
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
.
.
SS:
.
.
On this, the
day of
, 1994,
before me, a Notary PUblic, the undersigned officer, personally
appeared MARY S. DAVIS, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary PUblic
12
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS:
On this, the day of , 199*,
before me, a Notary pUblic, the undersigned officer, personally
appeared JOHN D. DAVIS, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
G:\DATA\CJD\OI853\93729\30776,1
13
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Your 1993-94 Personal
Statement of Total Compensation
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Dear Allstater:
The past year marked an exciting milestone for the Allstate Insurance
Companyo Our Initial Public Offering, at $24 billion, was the la~est
in U.So historyo It presented liS with the challenge of prm'iding mille to
ollr new shareholders.
YOII remain ollr key competitive admntage for growing the business for
our shareholders and se/Ving our cllstomerso YOllr efforts reslllt in YOllr
total compensation package. which is compri.fed of both pay and
benefits.
Gaining a thorollgh IInderstanding ofYOllr total compensation will
enable YOII to make informed benefit choiceso I encollrage YOllto
rel'iew this statement carefully and share the information with YOllr
family. Keep it in a safe place with other important documents.
Please consult YOllr manager or local Hllman Resollrce Representatiloe
ifyolI haw any qllestions abolll your Personal Statement of Total
Compensation.
.
~&,Nt..
Edward J. Dixon
Senior Vice President
Corporate Hllman Reowllrces
& Administratil'e Operations
OOllIOt
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TABLE OF CONTENTS
lIem
Your 10tal Compensalion
Medicallknefils
Dentallknefils
Vision Care Iknefils
l'lexible Spending Account Program
l.ong.lerm Care Ikndhs
Illness & Disability Iknefils
Survivors' Ikndhs
Reliremenllkndils
Savin&" and !'rofit Sharing Fund
Medical/Life Ikndils Arter Relirement
DependenlLife Insurance
Vacation and Ilolidays
Pcrsonallnformation
Your Ikndiciaries
Financiall'lanning Checklisl
Important Information Ahout Your Statement
Page
3
4
S
6
7
7
8
9
10.11
12,13
14
IS
IS
IS
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t8,I9
While nery elfurt has been made tu report infurmatiun accurately, please
underslllnd that the possibility uf human error always exists. This sllltement
describes unly the highlights uf the Plans and does nut constitute an official ptan
doc:umento Please refer to the ptan doc:uments, Summary Plan Descriptions, and
Prolit SharinK Fund Prospectus for the terms and conditions. including limitations
and exceptions, for each Piano Ifthere are any discrepancies between this sllltement
and the officlatPlan documents, the Plan documents will Kovemo
While Allslllte Insurance Company and Sears, Roehuck and Coo expect to continue
the Plans described herein indelinitety, each Company reserves the right to chanKe.
amend or terminate their respective Plans at any timeo Participation In any of the
Plans does not constitute a KOarantee of employmento
If you have any 'Iuestions regardinlC the infumlatiun presented in this sllltemen!,
please conlllct your manager or locatllumun Resou",e Representative.
2
000 10 t
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.',.;$
1..tir8l:nc ,~ .~
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YOUR TOTAL COMPENSATION FOR 1993
Your Iota I compcns.1lion as an employee at A1lslate is comprised of your pay and
your beneHtso As the chart below shows, while you and A1lslate share in Ihe cost of
your beneHts, the Company contrihulion represents a signiric.1nt addilion to your
payo Our Allstate beneHt program has been designed to protect you and your family
today and to provide the base for a Hnancially secure futureo The followiag is an
estimate of your tolall'Umpcnsation.
Medical 8cnerits
Denial BeneHts
Vision Benefits
Long.Term Care 8cnefitst
Long.Term Dis,1hility BeneHts
Basic Lire Insurance
Supplementall.ife Insurance
Dependent Life Insurance
AD&D Insurance
Allstate Relirement Plan"
Savings and ProHt Sharing
Social Security
Total
Your Annuali7.cd Base Pay,
including Paid Time.orf
Sales Mgmt, Incentive Compo
A11.lat.'. 1993
Conlrlhutlon
$3,931
S517
$49
-0-
-0-
S74
-0-
-0-
S50
$4,897
SI,84O
$4,994
S16,35Z
$67,740
SZ 1,638
lbur 1993
Contrlhutlon
SI.175
SI61
S146
-0-
S58Z
SZ87
$65Z
-0-
-0-
-0-
SZ,6Z8
$4,994
SIO,715
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Your Total Compcns,1tion
as an employee of Allstate S105,730
. Based on AII..lalr:, Ol't!rogr conlriblllion in tQQ.l {o,oll rmpt")'t!rs. tAttslalr's drfined
benefit r~IIJion Phlll.f do not nwintaill separole acco"n'.~ for;mU,,;dllal emplorees.'
t Repn.ttnls (."O/"ri""';OIl.1 Ihrough par",1I deductions.
Additional benefits and nexihle employment policies availahle 10 you. hut not
included in the ahove rigures. arc:
. Telecommuting-
. Professional Educalion Program
. Eml'loyee A.'I..i,lan"" Program
. Part..time Employnu..'nt.
. Allslate Foundalion Scholarshil' Program
. Adoption Rcinlhur.iCmcnt Plan
. dCJ'Il'ndin8 on jt'" r('quin'ml'nls
000 10 I
. Family Leave of ^"sencc
. Scars Discount Program
. Child Ca,e Resou".... and Referral Program
. Flex lime.
. Buckle-UI' Bahy Program
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MEDICAL BENEFITS
For you and your enrolled dependents
Plus medical coverage presently elected (or:
. student(s) ages 19 through 240
liMO coverage (rom lIealthAmerica
You may be covered (or the (ollowing medicat services, when provided by
affiliated hospitals and providers:
. Semi'private hospital room and board
. Miscellaneous hospital medical expenses
. Surgery
. X-ray and laboratory tesls
. Emergency room treatment
. Physicians' o((jce services
. Physicat exams
. Well.baby care
Your liMO may also provide coverage for prescription drug-;, eligible medical
equipment. psychiatric care, and drug and alcohol treatment. For specific
limitations and copaymenls, please refer to your liMO brochure.
Listed as dependenls under your elected liMO coverage are:
MARY S DAVIS
STEPHANIE L DAVIS
4
000101
DENTAL BENEFITS
For you plus two or more covered dependents
Plus dental coverage prcsenlly elected for:
. student(s) ages 19 through 24.
lOO'lI> Oass A - of Eligible Expenses for preventative dentat careo
After you pay a S50 calendar year deductible per covered person (maximum SISO
per family), the Plan will pay:
80'/'. Class B - of Eligible Expenses including fillin&'l. root
canal therapy, periodontal services. and oral surgeryo
50% Class C - of Eligible Expenses including bridgework,
dentures, crowns, and inlays.
There is a SI,5OO maximum benefit for Class A, B. and C Eligible f'XJlCnses.
in a calendar year, per covered person,
50% Class D( I) - of Eligible f'XJlCnses for Orthodontic services
with a lifetime benefit of SI.OOO per child under age 190
50% Class 0(2) - of Eligible f'XJlCnses for Orthognathie surgery
with a lifetime benefil of SI,OOO per covered person.
SO'/'. Class E - of Eligible Expenses for TMJ Treatmenl, subject
10 a SSOlI Iifelime maximum benefil per covered persono
Enrollmenls arc subject 10 a two year lock-in provision. This means that participants
arc required 10 mainlain their enrollmenl for two plan yearso unless they have a
change in family slat us.
Please refer 10 your Dent.,1 Summary Plan Descriplion for Plan provisions.
Listed as depemlenLs under Ihe Denial A,-sistance Plan arc:
MARY S DAVIS
STEPHANIE L DAVIS
000\01
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VISION CARE BENEFITS
For you ptus IWO or more covered dependents
Plus vision .'Overage presenlly elected for:
. sludenl(s) ages t9 Ihrough 240
The Vision Care I'lan offers employees Ihe choice of 100% coverage for VSP
member doclor benefits, or a schedule of maximum allowances for oUI-of.nelwork
benefilso There are no plan deduclibleso Enrollmenls arc subjecllo a Iwo year lock-in
provision. This means Ihal parlicipants are required 10 maintain Iheir enrollmenl for
IWO plan years, unless Ihey have a change in family stalUSo
The following services are available 10 parlicipants:
Vision Examinalion: once every 12 monlhs"
Lenses or Conlacts: once every t2 monlhs"
Frames: once every 24 monlhs"
"from lasl dale of service
Please refer 10 your Vision Care Summary Plan Descriplion for Plan provisions.
l.isled as dependents under Ihe Vision Care Plan arc:
MARY S DAVIS
STEPHANIE L DAVIS
000101
6
FLEXIBLE SPENDING ACCOUNT PROGRAM
The Flexible Spending Account Program allows you to reduce your laxable income by
selling aside money through payroll deductions, berore il is taxed, to pay lor eligible
medical, denial, and dependent day care expenses, 1\vo accounl. are available:
Heallh Care Relmbul'Mment Account
Allows you 10 contribute up 10 $3,000 annually in berore.lax dollars to hell' pay lor
certain medical and denial expenses (such as plan deduclibles, copaymenls.
medications. eye exnms,lenses, etc.), which qualify as allowable deductions lor
lederal income tax purposes,
You have elected nolto participate.
Dependent nay Care Reimbursement A<<ounl
Allows you to contribute up to $5,000 annually in belore-tax dollars to hell' pay lor
dependenl day care related expenses depending on your marital slalus and whelher
you file a joinl lederal income tax return,
You have elected not 10 participale,
Please rerer 10 your Flexible Spending Account Program Summary Plan Description
lor Plan provisions.
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LONG.TERM CARE INSURANCE PROGRAM
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Allows you to purchase J.ong:renn Care coverage (benefil units) lor you and eligihle
lamily members at group rates through payroll deductions.
Services can be provided in a nursing lacility. an adult day heallh care center. or at
home, and include Ihe lollowing <~lVered services:
. A.sislance with the activities 01 daily living
. Visits by an R.N., LP.N., or home health aide
. Visits to a licensed and/or state.approved adult health Cone lacility
. Occupational, physical and speech therapy by a licensed therapist
(up to 20 visits per calendar year),
You have elected not to parlicipate through payroll deduclions,
Please reler 10 your J.ong-Tenn Care Insurance I'rogram Summary Plan Descriplion
lor Plan provisions. or <~lnlact CIGNA at I-llOo.n2.77~K,
,.
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ILLNESS & DISABILITY BENEFITS
Illness Allowance Benenls
Jr you arc sick or injured and unable 10 work, based on your Service Dale ond Ihe
calendar year, you may receive:
Full pay for up 10 :zo weeks from the Illness Allowance Piano
Long Term Dlsabllily Benent.
Jr you arc 'Iolally Disabled due 10 Ihe same or rclolcd sickness or injury and you
have compleled a t40 day WoIiling l'crirnJ, Ihen you may be eligible 10 receive
monthly benelils:
$3.700 under Ihe Allstate long'lcrm Disabilily Insurance Plan"
up 10 age 65.
,
Soclat Securily
Nler five lull calendar monlhs 01 disabilily. you mllY be eligible under Social
Sccurily 10 receive estimated monthly benefits 01:
51,Z11 lor you. and up to
$611 lor your dependent lamilyo
In Addllion
Basic and. ilyou elect. Supplemental Ule Insuranl'C will continue, and your
premium l'Onlribulions will be waived alter you have been 10lally Disabled lor
140 days, and you remain 'filtally Disabled. in al'Cordance wilh Plan provision~o
ptus, parlial and hardship wilhdrawal omounts available lrom your Savings and
Profil Sharing Fund.
Plus, you are eligible 10 conlinue your elected Medical, Dentol. Vision. and
long-1crm Care coveruges upon pllyntenl 01 required l'ontributions.
Please refer 10 your ITD Summary Plan Description lor Plan provisions.
"nle/.TO benefil ...iII be ",,111",( b)'lile at/wlIlIl of bellefils pnn;.tettll> >"11
from Sodal Sealli/}; IJbrl;tts' COmfh!IUalicJlI, 511l11ll01)' [)isahilil)' PIU/u. allll
utllt!f Co"'pan,'.spoIJSU~(J Plalls. &/er 10 .\'OlIr I~TlJ S'lnUlklf)' Plall Dt!S,'rlplioIJ
for sped fie PtUII prolisiOlU,
Your Life. LTD. and AD&D amounls rened Ihe redassifted amoun"
asofMa~h 1,1994.
8
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SURVIVORS' BENEFITS
In the event of your death during your active employment, your designaled
beneliclaries may receive the following benelit amounts:
$178.000 Dasic Life Insuranceo
$178,000 Supplemental Life Insurance.
$10,730 Savings and Prolit Sharing Fund,
$216,758 A1lslate Relirement Plan death benelil.
$155 Social Security for your eligible survivors.
$593,743 Totalo
Acddenlat Death Benefits
If your death is a resull of an accident. Ihe following benelits may also be paid:
$178,000 Accidental Death and Dismembermenllnsuranceo
(Death Benelit of $300.000 for employee and $1~O,llOO for spouse
if ridiag on a common carrier while on Company businesso
Dismembermenl beneril amounl~ arc slaled in the schedule
conlained in the Summary Plan Description.)
$10,000 Accident Beaelit. if dealh occurs while wearing a scat bell in an
automobile,
Please refer to the Group Life and AD&D Summary Plan Description for all Plan
provisions including a<'Cidental dismemberment insurance benelils.
Monthly Social Se<lIrity Benefits
Social Security may provide estimated monthly benelils of up to
$2,138 (your family maximum) delermined as follows:
$916 for each dependenl child under 18,plus
$916 for your dependent spouse. any age. with
dependent children uader age 16
or
$874 for your dependenl spouse age 60 or oldero
as described in Ihe Summary Plan Descriptions, your surviving
dependents arc eligible 10 continue the elected Medical.
Denial, and Vision coverages. upon payment of required
conlributions. F"r the 1.0ng:li:rm Care Insurance continuation
polk-yo you should contact C1GNA atl-81X)-732.77~8.
Plus
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000 10 I
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When you decide to retire, you may elect to receive your pension in one of several
payment oplions that the Plan offcrs, Shown below are eslimates for three payment
options for three allernate retirement dates.
The estimates were projected assuming you continue 10 work unlillhe date shown,
your present salary continues unchanged, and you begin 10 receive your Allstate
pension on the retirement dale shown,
Date... .. ..... .. 0 1/31/1998
Age..,........... 55
Straight Life
Annual Annuity
For You ..,.......
For your
suaviving spouse
SO'llo Contingent
Annual Annuity
For You ..........
For your
suaviving spouse ...
Lump Sum Payment
For You ..........
Soclat Security
In addilion to your Allstate pension. Social Security may provide up tllthc following
addilional estimated annual bendils:
For You .00. 0 . . . , . $10,968 ·
For your
dependenl spouse. . $5,114 + $5,496 + $7,3~2 +
· payable al age 62 + spouse must be alleasl age 62
YOII' h,m.fil, ., 1/31/19980 "IIS ,'.t,"t.,,,tllsill/: "" "t1__fUI'"l'nJ,';sioll of III. At",.,. R,'i",melll
Plan (fora tie/ai/eel erpluffdlioll. set! )'OlIr S""'''Wf)' PIa" I>escriplioll}. Emplo,-ets ,'o/J\'tning /0
En:/Ilsi.'t Agenlllndepelulellt ConlrudoT stallls all! lIull!/igible for lire "Beef Up" pro'1sion o/the
Plan. As a reslllt, )'Ollr benefilllJNJ/1 cOIII'en;Olllo I::.rd,ui"1! Agl!/l//I/lflepemlenl COlI/ru,'lor SidhU
ma)' be subs/an/illll,. less. 1/ 'VII tire ,'ollsidering ,'om'l!!:iilJlI, set! )'OlIr /OCQ/ /llIman Resource
&prtstlllati\'t for an estimate 0/ this alllolllll.
1/31/2004
6t
1/31/2008
6S
$35,2J I
$46,895
$47,869
-0-
-0-
-0-
$30,827
$41,033
$41,885
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$15,413
$20,516
$20,942
SJ68,755
$438,454
$406,340
$11,784 ·
$15,060
000 10 t
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SAVINGS AND PROFIT SHARING FUND
As on~cember 31.1993:
$3.489.17 Pre.Tn Account which includes
$2,15%018 Generallnveslmenls Fund
$1.336099 Money Markel Fund
-0- Equily Fund
-0- Fixed Income Fund.
$7,141.38 Employee Stock Ownership Plan (ESOP) Account
which includes
-0- Generallnveslmenls Fund
-0- Money Markel Fund
-0- Equily Fund
-0- Fixed Income Fund
$7,141.38 Scars Slock Fund' including Dean
Willer slock and cash equivalenls.
.
$10,730.55 Tolal.
, The Scars Slock Fund. excluding cash equivalenls. represcnls
1%0049939 shares of Scars slock and 13,11364 or Dean Willer
slock allheir 1213111993 closing markel prices orS5%0875 and
$.1406%5 per share. respeclivcly.
For 1994:
You have made Ihe following eleclions.
Pre.Tax IleDOslts AIler.Tax Droos1ts
Conlrihulion l'crcenlagc
Investment Allocations
5%
-0-
General Inveslmenls Fund
Money Markel Fund
Equily Fund
Fixed In<"Ome Fund
Scars Slock Fund
50%
50%
-0-
-0-
-0-
-0-
-0-
-0-
-0-
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In the Future:
If you nnd the Company continue to ~'Ontribule althe prese:nl rales and your elected
inveslment fund(s) produces earning; alone of Ihe assumed rates shown (slU:h rales
an shown solely fat' iUustral;ve PUI'pOus), Ihen your lotal accounl balance: will be:...
EaMllags Eatlmated Eallmaled Estimated
....<ton Value al AKe 55 Value al AKe 61 Value al Aj;e 65
3% $33,331 $71,663 $103,037
S% $34.940 $81,380 $110,816
7% $36,611 $91.303 $141,236
The proj.ctiolls IUSllm. 0 basic Company Conlriblllion 0150 """Is 10n'''I)' Basic P,.. Tar dottar
(lip 10 5'il ol.tigibt. pay) J'''' '0"'. II cOIIM aClllafty be t.... or it cOlltd be as high as 70 c.nl.
depending on Allsrules profits ill allY 8/\'ell year. ProjecJiolls take into consideration IlIe 1994
Ill1Uimllm P",.Ta.rd.pa.ir /illlil 0lS9,UOand the amlllaf compemalion lilllil oISlSO,OOO. /tOWel""
proJtclions do nol take into cOluh/erotia" all)' ...;t/uiruwalj., pllch/atiolls in the market ,'a/lIe of /rmd
1"''a/menlS, ordtposil rote reductions. as fl!qU;fl!I/ byfetleral IdM~ Ivr t/rose paffidpanls considered to
be high/)' compensat.d, For IlInher illlonllalion abolllthi. imponant bell.fil, ",Ier 10 Ih. SIIIIUI/III)'
ptan Dumplion orlh. Pro.pect". 0117.. Sa,ing. and Profil Sharing fillld 01 Sean Emptoy....
Q"esl/Oll' 11/1I)' be "'1.lTed 10 Ihe Sean Profil Sharing fUlld OIJice 01 .lll.875.0498 betw..n 9011I
I",d 4 pm teST).
Important Nole:
The Relirement Equily Acl of t984 requires lh," if a membe:r is married. Ihe
membe:r's surviving spouse: will be: Ihe sole primary henericiary. Any devialion from
Ihis requires Ihe spousc's wrillen consent.
Fund designations made on henericiary fOrDIS hen ring revision dntes prior 10 10/1991
will nol be: considered valid unless Ihe parlicipanl has inilialled and daled such a
form above Ihe participanl's original signalure on or afler Oclobe:r 1, 1991.
000101
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MEDlCAULIFE BENEFITS AFfER RETIREMENT
Retiree Lire
$50,000 Retiree l.ire Insurance ir you have been continuously Insured
under Ihe Group !.ire and AD&D Insurance Plan ror 10 or more
years immediately prior 10 retiremenlo
Retiree Medlml Coverall<
A1lslate knows how imporlanllhe availahility or medical coverage in retirement is 10 .
employees and retirees. Due 10 Ihe requiremenls or Financial Accounting Standards
Board Ruling 106 ("AS 106). changes in the melhod used to calculate retiree
conlrlhutions ror retiree medicnl coverage became erreclive Jnnuary I, 1994.
The new contrihulion nppronch ror retiree medicnl coverage represents a greater
shirt in cosl-sharing to lhe retireeo The Increased expense relirees will experience
due to the new retiree medical contrihulion approach is one which can be planned
ror in a variety or wnys - just like other retirement expenses.
Early retirement planning is crucial to a successrul reliremento Your Human
Resource Department can help you estimote the cost ror medical coverage in
relirement right nowo Conlact your Iluman Resource Deparlment and ask about
Ihe "Retiree MediCo,1 Cost E~limale Workshcel,'o
Allslate has offered medical cOl'erage 10 ils relirees since 1951. Allhough Allslale
presently inlends 10 conlinlle lire Reliree Medical Program, Allslale necessarily resenoes
lire riglrl 10 modify, amend, sllspend or lenninate il tll tiny lime or 10 c1lt1nge lire
conlriblllion lire Comptlny mtlkes or reqllires from plan potticiptlnlso
co
14
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.
OTHER BENEFITS
Dependent Lire Insurance
Employees who main lain at least $ 10,000 of Group Life Insurance are eligible to
enrolllhelr d~pendenls Cor Dependenll.ife Insuranceo This insurance will provide a
spouse and dependenl children 6 monlhs Ihrough 18 years (Ihrough 24 iC a full-time
sludenl) with $6,500 insurance coverage for each covered Camily membcro
You havt: eleeled nollo participate.
Vatatlon and lIolldll)'8
Rest and relnxntinn are key L'tlmpnnenls 10 good heallh and success on the jobo In
uddilion tn your pnid vUClllion, you will rcceive time off for up 10 II Company
reL'tlgnl/.cd holidays,
During 1994, ynu nre eligible 10 enrn vlll:alion based on lhe following schedule:
VOlin or ServIce Weeks or Vacation
Ilhrough 4 2
S Ihrough 14 3
U through 24 4
2.~ or more 5
PERSONAL INFORMATION
Our reL'Ords show Ihis additional inConnation aboul you:
lIirlh Date: JllnulIl')IlI, 1943
Service Dale: Juno 27. 1966
If you hnvc any questions regnrding your person:,1 dnln. conlncl your manager or
loeullluman ResourL"C Represenl:lIive.
Your currenl benefil e1eclions nnd persoD:,1 dnln h:,ve been valued as of
M.~h I. 1994,nnd include your !.iCe. 1:1"1). nnd AI)&I) reclassified amounts,
All olher benefit inConnation is valued as oC Dec:omher 31, 19930
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YOUR BENEFICIARIES
The Company's records indica Ie you have designaled the rollowing individuals as
your bcnericiarieso Ir you wish 10 make any changes, please cont.1cl your local
Human Resource Represenlativco
Group Life Insurance:
P MARY S DAVIS
.
Accidental Dealh and Dismembennent Insurance:
P MARY S DAVIS
Allstate Retirement Plan:
P MARY S DAVIS
C JOHN R DAVIS
C ROBERT T DAVIS
C STEPHANIE L DAVIS
-
Savin/lS and Profit Sharlnll Fund:
PMARYSDAVlS
C JOHN R DAVIS
C ROBERT T DAVIS
C STEPHANIE L DAVIS
.
R~/n' 10 "Imparla", Not," m pngr I.' fnr aJJit;nttnl ;nfiwmnlion.
P = Prima,)' C = COII/ingen/
K = Children, orChildrell "!((lemamage
T = TnlS/ec
16
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FINANCIAL PLANNING CHECKLIST
This Stalemenl ofOlolal Com""nsation ofrers you informalion which you will find
usdulln either creating or updating your ""rsonal financial plan. 8clow is a
suggesled nnancial planning checklislto help you keep your nnanelal mailers in
order,
Update benericiaries for all insurance policies,
Review insurance ~"Overageo Is it adequale 10 meel your prescnt needs?
Review your will to delermine Ihat bcnerielary designations arc current and
all assets ~"Overedo
Make a list of imporlanl conlacts in the event of your death and share the
lisl wilh family members, This list should include the names of your
allorney, exeeulor, insurance agent, morlgage company, car loan, and
lIuman Resource Representaliveo
Make a lisl of all your crcdil card numbers, bank ac~"Ount numbers, safcty
deposit boxes and bank name(s), Share this lisl wilh family memberso
Delermine a safe location for imporlanl papers such as savings bonds, slock
certificales, insurance documents, lux rccurds and pro""rty tilles. Inform
family members of this location,
(XlOlOt
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IMPORTANT INFORMATION ABOUT YOUR STATEMENT
This Bcnc[acl, statement was prepared hy The Alexander & Alexander Consulting
Group. Inc., an independent consulling firm specializing in henerits, compensation,
and human resource mnnagement.
The henefits shown are hased oa the assumptions that your So11ary will continue at
its present level until your retirement, that you will continue to participate in the
employee benerit I'lans, that the !'Ians will continue unchanged, and that other
factors affec\ing your personal situation will continue unchangcdo However, as your
career progresses, many of your benefits will prohahly improveo Future statements
will renectthese changes.
SOCIAL SECURITY
For purposes of computing your estimated Social Security henefits, it has heen
assumed that you are hoth fully and currenlly insured. as defined hy law. In addition,
it has heen further assumed that:
. you have participated continuously in Social Security since you first hecame
eligible
. your annual income has increased at a rlXed rate over the years to arrive at your
current annual income
. your spouse and children under age 16 are dependent upon you for supporto
Because of these as.,umptions and the faclthat all estimated benefits shown are
calculated according to currentlawso the Social Security henefits you actually receive
may vary from those shown. If you are considering retirement, or wish additional
information ahout your specific benefits. you should contact the Social Security
Administration at 1-8(10-772-1213,
ALLSTATE RETIREMENT PLAN
Your projected benefits arc hased on the continuation of your Plan service to your
projected retirement date(s) and other factors as defined in the official plan
document. Benefil, arc subject to compensation limits imposed hy the Tax Reform
Act of 1986. and the Omnibus Budget Reconciliation Act of 1993. Benefits paid from
the plan arc subject to ERISA Iimitso
18
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Forms or Payments
Ir you are married when you begin receiving benefits and you and your spouse do
not elect some other payment rorm. you will automalically receive a 50% Conlingent
Annuity. You receive a monlhly benefit ror your Hretimeo After you die, your spouse
will receive 1/2 or this monthly benefit ror his or her Iiretimeo Because Ihe 50%
Contingent Annuity pays benefits over two Hrelimes instead or one, your benefit is
lower than Ihe Straighl Lire Annuity. Ir you arc single when you begin receiving
benefits and do not elecl some other payment rorm, you will automalically receive a
Straight Lire Annuityo You receive your rull monthly payment ror as long as you live.
However, no rurther bencrits will be paid aner you die. At relirement, you may
select rrom a variety or payment rorms (including a lump sum benefit) that best suits
your personal needs,
Benelieiaf)' Designation
The Retirement Equity Act or t984 requires that ir a member is married. the
member's surviving spouse will be the sole primary beneficiaryo Any devialion rrom
Ihis requires the spouse's wriuen ~'Onsent,
Lump Sum Benelit (as shown on Puge II)
Actual lump sum benefits paid at retirement arc calculated using market conditions
and government regulations in errect at the time or paymen\. For the purpose or the
eslimated lump sum projeclions shown on Ihis statement. lump sum benefits may
vary due 10 interest rate assumptions being used, See your Summary Plan
Description ror rurther details,
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SAVINGS AND PROFIT SHARING FUND
The projections assume that you will continue to add to your account at your current
rale and that the Company will annually conlribute 50 cents ror every basic Pre-lax
dollar (up 10 5% or eligible pay) you save. Eligible pay docs not take into
consideration any contributions you make ror Pre:lax Medical, Dental, Vision, or
your Flexible Spending Ac~'Ounts. It is rurlher assumed that the Plan will grow at the
composite average rales or 3%, 5% or 7% per yenr, These rates arc ror illustrative
purposes onlyo The actual value or your account bnlance will depend on actunl
~'Ontributions and Ihe ruture perrormance or the Fund's investmenls. For rurther
inrormalion. please rcrer to the Summary Plan Description or the Prospectus orThe
Savings and Profit Sharing Fund or Scnrs Employees,
000 JO 1
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A1lstale Insurance c..m...ny
Valley Forge Region
70t Lee Road. Suile 200
\\\J)'IIC. PA 19087
Allenlion: Human Resource Manager
VALl.EY FORGE
008 1311 177349411~ IU
JOHN D DAVIS
216 FOX DRIVE
MECHANICS BURG PA 17055
20
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Allstate Insurance Company
Human Resource Service Center
51 W. Higgins Road
Barrlnglon,lL 60010-9300
008 1311 1773494115 R3
JOHN D DAVIS
1102 DRAYMORE COURT
HUMMELSTOWN PA 17036
20
004192
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IMPORTANT INFORMATION ABOUT YOUR srATE~ENT
This statement Is for informational purposes only and Is not an opportunity to make
benefit election changes atlhis limeo You can, however, refer to this information
during the annual benefit election period later this year, The benefits shown are based
on the assumptions Ihal your salary will continue at Its present level until your
relirement, that you will continue,to participale in the employee benefit Plans, Ihat the
Plans will continue unchanged, and that other facton affecling your personal situation
will continue unchangedo Future statements will reflect any changes 10 your benefitso
For purposes of computing your estimaled Social Security benefits, it has been
assumed that you are both fully and currently insured, as defined by law, In addition, it
has been further assumed that:
· you have participaled conlinuously in Social Security since you first became
eligible
· your annual income has increased at a fIXed rate over the years to arrive at your
current annual income
· your spouse and children under age 16 are dependent upon you for supporto
Because of these assumptions and the fact that all estlmaled benefits shown are
calculated according to current laws, the Social Security benefits you actually receive
may vary from Ihose showno If you are considering retirement, or wish additional
Information about your specific benefits, you should contact the Social Security
Administration at 1-800-n2.12130
If you have any questions about the Information presented in this slatement, or
corrections to the personal information shown, please contact the Human Resource
Service Center atl.800-34lJ.04750
18
004192
.
GUIDE TO ACCESSING EMPLOYEE INFORMATION
Understanding your benefits and paycheck is criticalo Knowing where to access this
information is just as Importanto Use this guide to help access the benefit services
available to YOUo
local Human Resources Department
Your local Human Resource department handles Ihe following non-benefit, non-
paycheck related Issues.
· General HR policy/practice
· Salary administration
· Performance management
· Acxible work arrangements
· Job posting
· Employment status changes
· Matching Granl/Scholarshlp
Programs
· Employee relations
Human Resources Service Center (HRSC) 1-800-340-0475
The HRSe handles payroll and benefit inquiries and administration, other than
pension or profit sharing, as follows:
· Benefit information . Enrollment in benefit plans
· BenefiVpayroll forms via FaxBack . Changing your personal
· Payroll questions information
· Ufe event changes (marriage, . Company relocation support
divorce, birth, adoption, etc.) . HRSC PIN replacement
PensIon and Pront Sharing Center (PPSC) 1-888-255-7772
The PPSC handles profit sharing inquiries and administration, and beginning July
1998 pension inquiries and administration:
pront Sharing:
· General profit sharing
Information
· Request documents
· Enrollment
· Changing your deposit rates, or
how your money Is Invested
· Request a loan, withdrawal, or
distribution
· Reallocate/transfer existing Funds
· Account Slatus
· Beneficiary designation
Information
OO4t92
.
Leaves of absence
TIme off Information
Worker's compensation
Initiate your retirement
from Allstate
Initiate Long-Thnn Disability
process
Professional Education
.
.
.
.
.
Pension (begInning July 1998):
· General pension infonnation
· Request documents
· Information on your pension
benefit
· Infonuatlon on InItiating your
pension benent, If eligible
· Projected pension benefit
estimates (Profit Sharing
estimates also available in
July 1998)
· Beneficiary designation
information
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REQUESTING YOUR PERSONALIZED BENEFIT ESTIMATE
..
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77Iis new learnrt wlU be a,allllbk at 'he PPSC In July 199B.
In prior years, the Personal Statement ofThtal Compensation Included Pcnslon and
Profit Sharing projections, Starting July 1998, you can call thc PPSC and rcqucst a
pcrsonalized projccted estimatc based on assumptions )'ou choosco Since you can
rcquest up to thrce estimates a day ilnd twclve cstimatcs a ycar, you can modcl thc
impact of salal}' increases, profit sharing dcposlt increases, ctco on your Pension and
Profit Sharing bencfitso Before you makc a rcqucst, you will find it helpful to havc thc
following information available. Please allow 10-15 minutcs to completco
t.
I,
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10 Your assumed last day of cmployment.
20 Thc datc you wish to start rcceiving pcnsion bcncfit payments,
30 If you arc marricd, your spousc's birth datc (optional)o
4, If you requcst a projection beyond thc currcnt ycar, an assumed lump sum
intercst ratc to usc in the pension lump sum calculation.
5, An cstimated current calendar ycar of pension/profit sharing cllglble
compensationo
6. If you rcquest a projection beyond thc current ycar, an cstimatcd averagc
annual perccntage increase in your pension/profit sharing cllgible
compcnsation ranging from 0% to 15%.
70 An avcragc prcotaxdeposit ratc ranging from 0% to 17%0
80 An averagc after-tax deposit rate ranging from 0% to 10%,
90 An average Company Contribution amount ranging from S.50 to SI.500
100 An averagc rate ofretum for your total account ranging from 0% to 25%0
After you enter your benefit estimate request assumptions, your assumptions will be
rcpeatcd and you will be asked to confirm your rcqucsto
Once confirmed, a benefit cstimate will be calculated and you will hcar thc bencfit
payablc for the different forms of payment from each plan, whcn appllcablc.
Notc: Thc projcctcd benefit estimate you rcccive will be based on personal
assumptionso Changes in your compensation, length of service, intcrcst rates,
payment start date, bencficial)' designation, or other factors will Impact the
actual benefit you receive.
A Benefit Estimate Statement will be mailed to your home within fivc to ten business
days of making your request.
Refer to your SummaI)' Plan Descriptions for morc information about the Plans,
16
004192
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YOUR BENEFICIARIES
If you are enrolled for Group Life Insurance or Accidental Death and
Dismemberment Insurance, or if you are a participant in Ihe A1lslate Retirement
Plan or The Savings and Profit Sharing Fund, a benefit may be payable 10 your
beneficiary(ies) in the event of your death during your aellve employment in
accordance with the provisions of the applicable Piano The Plans permit you to
designate a benefielary(ies) by completing a Designation of Beneficiary form and
filing it wilh the appropriate office, For Profit Sharing (and beginning July 1998 for
PensIon), file the form with the PPSCo For other Plan benefielary designations, file the
form with the HRSCo If at the time of your dealh, you do not have a properly
completed Designation of Beneficiary form on file, your benefit will be paid in
accordance with the terms of the respective PIano
Federal law requires that if you are married at the time of your death, your Surviving
spouse will be the sole primary beneficiary for the benefit payable from the Allstate
Retirement Plan or The Savings and Profit Sharing Fund, unless your spouse provides
proper waiver and consent to your designation of a different beneficiary,
The Savings and Profit Sharing Fund beneficiary designations which were made on
Sears Profit Sharing Fund forms bearing a revision date of 10/1991 or earlier are
considered invalid and will not be honored unless either a new form is completed,
or you have re-signed and re-dated Ihe old form on or after October 1,1991.
It is important that your Designation of Beneficiary forms are up-to-date and properly
completedolfyou would like to request a Designation of Beneficiary form for Profit
Sharing, contact the PPSC at 1-888-255-7772; for all olher requests, call the HRSC
FaxBack system atl-8()()"340.0475.
PERSONAL INFORMATION
Our records show this additional Information about you:
Birth Date: Janua." II, 1943
Service Date: June 27, 1966
If you have any questions regarding your personal data, contact the Human Resource
Service Center at 1-8()()"340-O475.
Unless otherwise noted, your benefit coverages and personal data reflect what is In
effect as of March 1998 and include your Life, LID and AD&D reclassified amountso
The benefit coverages shown are for information only and is not an OPportunity to
make benefit election changes at this timeo For specific information, refer to your
Summary Plan Descriptlonso
004192
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The SAVINGS AND PROFIT SHARING FUND OF
ALLSTATE EMPLOYEES
AsofDecember3l,1997:
The balances shown below renect all deposits, fund transfers/reallocations,
withdrawals/distributions, loans and other transactions that affected your account,
For more detailed information regarding your account transactions, refer to your
9130/1997 and 1'1131/1997 profit sharing statements.
-0- Money Market Fund
-0- Bond Fund
$4,185.17 Balanced Fund
$1,959.99 S&P 500 Fund
-0- International Equity Fund
-0- Russell 2000 Fund
$7,544.78 Allstate Slock Fund.
-0- Sears Shares Fund
-0- Dean Witter Shares Fund
$14,689,94 Subtotal
'BaIance does nol rollect Ih8 1997 Company Conllilullon
$9,449,09 Your 1997 Company Contrlbutlon
$14,139.03 1Z/31/1997totallncludlngyour 1997 Company Contributlon
The Company Contribution consists of a Participation Share and a Performance
Share, As a participant in the Profit Sharing Fund, you will receive a Participation
Share of $050 for every dollar of your Basic Pre-'Jhx Deposits (the first I % to 5% of
your eligible pay) - regardless of Allstate's financial resultso The amount of Company
Contribution you receive beyond the Participation Share is called the Performance
Share and is dependent on the attainment of Company Operating Earnings Per Share
goalso
Allstate exceeded the 1997 Company Operating Earnings Per Share maximum goal of
$4.45, This performance resulted in the maximum Company Contribution allowed
under current Fund provisionso You received $150 (if non bonus eligible) or $1.00 (if
bonus eligible) for every dollar of Basic Pre-'Jhx Deposits. The 1997 Company
Contnoution is renected in the first quarter 1999 profit sharing statement, mailed
in April.
Please review the Summary Plan Description and Fund Prospectus for more
information or call the PPSC atl-888-ALL-PPSC (I-S88-2S5-7n2)0
14
004191 '
When you decide to retire, you may elect to rccelve your pension in one of several
payment options that the Plan orrerso Shown below are estimates and payment options
for three alternate retirement dateso
The estimates were projected assuming you continue to work until the date shown,
your present salary continues unchanged, and you begin to receive your Allstate
pension on the retirement date shown. For additional information regarding your
retirement benefits, please refer to page 190 '
Date ............. 1131/1998 1/3112004 1131/2008
Age.............. 55 61 65
Stnlgbt Ure Annual Annuity
For You .......... $50,477 $68,188 $69,253
For your
surviving spouse 0 0 , -0- -0- -0-
50% Contingent Anoual Annuity
ForYou ..'.....0. $44,167 $59,665 $60,596
For your
surviving spouse .. 0 $22,083 $29,832 $30,298
Lump Sum Payment
For You .... 0 .. .. 0 $673,874 . .
Based on a PBGC
interest rate of "0 0 4.25% . .
Social Security Annual Benefits
Also, Social Security may provide up to the following additional estimated benefits:
For You '0." 0 , '00 $12,348 · $13,260 · $16,956
For your
dependent spouse 0 0 $5,760 + $6,192 + $8,316 +
· payable at age 62 + spouse must be at least age 62
.Pm{ecled/unpsumsars not available allhls lime. SlatlingJuly 1998. call tlla Pension and PIOtiI Sharing
Cootar(PPSC} at I-BM-ALL-PPSC (f-81JB.255-7772) to oblaJn benelit estimates.
YOIJ( benetil, at II3f1199B. wu csJculated using the 'Best.q," plOvisIon of the ARsIate RllIiremenl Plan
(tor a dal8led uplanation. see your SlInrnal)' Plan OlISC1j>1ion}. Employees COfll'fJtIing /0 EJa:/usfve
Agenl1ndependen1 Ccn/ractorstatus ars not erlpib/B tor the 'Best-Up' plO'Iision of the Plan. As a f8SlJ" your
b6notM upotI COfll'fJ1Sion /0 &oosIve AgenVlndependent Conlmc/or stahrs may be subslantialy less. "you am
colls/darillg COfll'fJISion, conlacl your local Human Resoon:e ReptBS8flIJlI/ve lor an estImale of Ihls amount
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004192
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RETIREMENT BENEFITS
Security for the Future
Your Retirement Plan, The Savings and Profit Sharing Fund of Allstate Employees
(The Savings and Profit Sharing Fund), Social Security, and other personal Savings
and assets working together can help provide financial security in the future.
Being a member of the Allstate Retirement Plan and participating in The Savings and
Profit Sharing Fund helps build the results that can lead to making your future goals a
reality.
Eligibility requirements for participating in the Allstate Retirement Plan are:
. at least age 21 and
. completion of at least one year of employment service (with 1,000
hours of work required if a part-time employee)o
Eligibility requirements for participating in The Savings and Profit Sharing Fund are:
. full-time or regular part-time employee and
. at least age 180
Allstale ReHrement Plan
Your Allstate Retirement Plan benefits are based on:
Credited Service Date: June 27, 1966
1997 Pension Eligible Compensation: $127,901
For alifliollaJ Information about your re6remenl benefds. reter /0 the SummaI)' P/en Descrption lor /he
IndMduaI plan.
Retirement benefits are earned based on your service and compensationo You retain
vested rights to this benefit should your employment terminate after you complete fIVe
years of serviceo
$62,912 is the annual benefit which you have earned (accrued) as of
17131/1997, which is calculated as a Straight Ufe Annuity and is
payable at your normal retirement date.
As of 17131/1997, you were vested in your accrued annual benefit payable at age 65, A
portion of your accrued benefit may be payable at an earlier ageo
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004192
MEDICAl/LIFE BENEFITS AFTER RETIREMENT
Refiree Ufe
$50,000 Retircc Lifc Insurance if you havc becn continuously insurcd
undcr thc Group Lifc and Accidcntal Dcath and Dismcmbermcnt
Insurancc Plan for 10 or morc consecutivc ycars immcdiatcly
prior to rctircmcnt.
Refiree Medical Coverage
Rctircc mcdical covcmgc is availablc upon rctiremcntto employecs who wcrc
continuously covcrcd as an cmploycc by an Allstatc-sponsored mcdical plan for 10 or
more consecutivc ycars immcdiatcly prior to the datc covcmgc as a retirce would
normally begino
Early rctiremcnt planning is crucial to a succcssful retiremcnt. Thc increascd expensc
retlrccs will cxpericnce due to the rctirec mcdical cost sharing approach is one which
can bc planncd for in a varicty of ways - justlikc othcr rctircmcnt cxpcnscso Thc
amount Allstatc contnbutcs to your individual rctircc mcdical costs is dcpendcnt upon
your years of servicc with the Company and your rctirement datco Plcase contact thc
Human Resourcc Scrvicc Centcr for morc information rcgarding retirce medical
covcmgc.
AlllroughAI/state presently inlends 10 conlinue Ihe retiree medical program, A//slate
necessarily reserves the right to modify, amend, suspend or terminate it at any time or to
change lire contribution the Company makes or requires from plan panicipant$.
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ILLNESS a DISABILITY BENEFITS
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II/nelS Allowance Benem.
If you are sick or injured and unable to work, based on your Service Dale and
scheduled workweek, you may receive:
Full pay for up 10 20 weeks from the Illness Allowance Plan.
Employees eligible for illness allowance benefits may use up to one week (as
detennined by their scheduled workweek in effect at the time of the absence) of their
illness allowance for Ihe care of an ill family member.
Long Term Disability Benefits
If you are tOlally disabled due to Ihe same or related sickness or injury, you are
receiving appropriate care and treatment from a physician during the 140-day
waiting period and you continue to be totally disabled after the Wailing period,
then you may be eligible to receive monthly benefits:
$S,3SO Allstate Long Thnn Disability Insurance Plan. up to age 65,
Social Security
After fIVe full calendar months of disability, you may be eligible under Social Security
to receive estimated monthly benefits of:
$1,400 for you, and up to $701 for your dependent familyo
In Addfflon
Basic Life and Supplemental Life Insurance, if ejected, will continue and your
premium contributions will be waived after you have been totally disabled for
140 days, and you remain totally disabled, in accordance with Plan provisions,
Plus, you may apply for loans, partial and/or hardship withdrawals available from
your Account in The Savings and Profit Sharing Fund of Allstate Employees,
Plus, you are eligible to continue your elected Medical, Dental, Vision, and Long
Thnn Care coverages upon payment of required contnbutions.
.1M LID btnejit ,.;u be ~duced by the omoU1ll o[ benejill provided (0)'011 /rom Social
Security, Wonm.' COmpensaJion, SlolUlory Disabi/ily PIani, and other Company'sponso~d
P/OM. &fer 10 your LID SlIJIlmary Plan Description for specific Plan prov/.rf(njs,
Your ure, LTD, and AD&D amouuls reOect the reclassified amouuls
as or March I, 1998.
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004192
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SURVIVORS' BENEFITS
In the event of your death during your active employment, your designated
beneficiaries may receive the following benefit amounts based on information
as of12J3II1997:
$112,000
$112,000
$14,139
$438,868
$155
Basic Life Insurance,
Supplemental Life Insuranceo
The Savings and Profit S~arlng Fund.
Allstate Retirement Plan. death benefit, based on a PBGC interest
rate of 4.25%.
Social Security for your eligible survlvorso
"
$1,007,161 Thtal.
· Refer to your SummaI)' Plan Description for information regarding a death benefit
that may be payable to your beneficlal)'(les) if you die after your employment endso
Plus as described In the Summlll)' Plan Descriptions, your surviving
dependents may be eligible to continue, on a temporal)' basis, the
elected Medical, Dental, Vision and Health Care Flexible Spending
Account coverages under COBRA, upon payment of required
contributions, For the Long 1l:rm Care Insurance Plan continuation
policy, contact CIGNA atl-8O()..732-7758,
Accidental Death and Dismemberment Benefits
If your death is a result of an accident, the following benefits may also be paid:
$156,000 Accidental Death and Dismemberment Insuranceo
(Death Benefit of $300,000 for employee and $150,000 for spouse
if riding on a common carrier while on Company business,
Dismemberment benefit amounts are stated in the schedule
contained in the SummaI)' Plan Descriptiono)
$10,000 Accident Benefit, if death occurs while wearing a seat belt in an
automobileo
Please refer to The Allstate Group Life and Accidental Death and Dismemberment
Insurance Plan SummaI)' Plan Description for all Plan provisions.
Monthly Social Security Benefits
Social Security may provide estimated monthly benefits of up to
$1,451 monthly for your dependent familyo
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GROUP LIFE INSURANCE
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BasIc and Supplemental Ute Insurance
You can cnroll for Basic Lifc Insurancc covcragc at an amount cqual to onc or two
timcs your Qualificd Annual Earnings (QAE)o '
If you sclcct two timcs your QAE for Basic Lifc, you may also cnroll for an additional
onc or two times your QAE in Supplcmcntal Lifc Insurancco
Dependent Ute Insurance
If you arc enrollcd for Basic Lifc covcragc, you may also cnroll your cligiblc
dcpcndcnts for Dcpcndent Life Insurance, provldcd that you havc atlcast $10,000
of Basic Lifc covcragco This insurancc will providc a spouse and dcpendcnt childrcn
6 months through 18 years (through 24 if a full-timc studcnt) with $7,500 in Insurancc
covcragc for cach covcrcd family mcmbcro
You have elected not to participateo
Plcasc refcr to Thc Allstate Group Lifc and Accidcntal Dcath and Dlsmcmbenncnt
Insurancc Plan Summary Plan Description for all Plan provislonso
GROUP LEGALCARE
Thc Group LegalCarc Plan can provide you and your cllgiblc dependcnts access to a
nctwork of almost 8,000 allorncy offices natlonwidc for assistancc with a IcgaI
qucstion or problem (examples of which include rcal estate closings, financial
agrecments, wills/powcrs of allorncy, matrimonial mailers, adoptions, estatc
administration, document preparation & revicw, ctco)o
Thu have elected not to participate,
Plcasc rcfer to your Group LegalCare Plan Summary Plan Description for all Plan
provislonso
COLE VISION - OPTICAL DISCOUNT PROGRAM
The Vision Onc Discount Program, availablc through Colc Vision, offers discounts on
cyc cxaminations, frames, lenscs and contacts receivcd at participating Cole VISion
locations. There is also a mail order contact lens program availablco
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FLEXIBLE SPENDING ACCOUNT PROGRAM
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Thc F1cxiblc Spending Account Program allows you to rcducc your taxablc incomc by
sClling asidc moncy through payroll deductions, beforc it is laxcd, to pay for eligible
hcalth carc and depcndent day carc cxpcnscs. 1\vo accounls arc availablc:
Hea"h Care Reimbursement Account
Allows you to contributc a minimum of $120 up to a maximum of $3,000 annually in
before-tax dollars to hclp pay for ccrtain mcdical, dcntaland vision cxpcnses (such as
plan dcductiblcs, copaymcnts, mcdications, cyc cxams,lenscs, elc.), which qualify as
allowablc dcductions for fedcral incomc tax purposcso
You have elected not to participateo
Dependent Day Care Rolmbursement Account
Allows you to contributc a minimum of $120 up to a maximum of $5.000 annually in
beforc-tax dollars to hclp pay for dcpcndcnt day carc rclatcd expenseso Howcvcr. if
your spouse contributes to a dcpendent day carc spending account plan whcrc he or
she works, thc two of you togcther can contribute no more than $5,000 cach ycar in
both of your accounts combined. In addition, if you arc marricd and filing a separatc
tax retum, you can only contributc up to a maximum of $2,500,
lVu have elected not to participate.
Plcasc rcfer to your Flexiblc Spcnding Account Program Summary Plan Description
for Plan provisions.
LONG TERM CARE INSURANCE PLAN
Allows you to purchasc portablc Long Thnn Care covcrage for you and cligible family
mcmbcrs at group ratcs through payroll deductions or dircct billing.
Covcrage can be purchascd for care provided in a nursing facility, an adult day health
care ccnter, or at homeo Covcrcd serviccs includc:
· Assistance with thc activities of daily living
· Visils by an R.No, L.P.N" or homc health aidc
· VlSils to a licensed and/or Slate-approved adult health care facility
· Occupational, physical, respiratory and spcech therapy by a Iiccnsed therapist
whcn prescribed by a physician (up to 20 visils per calendar year)o
You have elected not to participate through payroll deductions.
Please rcfer to your Long"lenn Care Insurance Plan Summary Plan Description for
Plan provisions.
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VISION CARE BENEFITS
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For you plus two or more covered dependents
Thc VISion Carc Plan offcrs you thc choicc of 100% covcragc for In-nctwork bencfits,
or a schcdulc of maximum allowanccs for out-of-nctwork bencfitso Thcrc arc no plan
dcductlblcs, Enrollmcnts arc subjcct to a two ycar filled lock-in provlsiono This mcans
that participants arc rcquircd to maintain thcir cnrollment for thc flllcd lock-in pcriod
from 1/1/1998 to 12131/1999, unlcss thcy cxpericncc a Lifc Evcnto
Thc following scrvlccs arc avallablc to participants:
Vision Examination: oncc pcr Plan ycar
Lenses or Contacts: oncc pcr Plan ycar
Framcs: oncc cvcry othcr Plan ycar
Plan BeneOts
In.Network +
100%
100%
100%
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Exams
Framcs
Lenses
Contacts:
Nccessary
Elcctivc
Out-of.Network
$40
$35
$40-$100"
100%
$105
$125
$105
+subjcct to Plan limitations
"thc rcimbursementlcvel varies with thc type of lenses selected.
Plcase refcr to your Vision Carc Plan Summary Plan Description for Plan provisions,
Listcd as dcpendcnts undcr thc VISion Carc Plan arc:
STEPHANIEL DAVIS 17M8-5900
PATRICIA A. DAVIS 197-<lO-8705
,
If you fccl your dcpcndcnt information is incomplctc or inaccuratc, contact the
Human Resource Scrvlce Centcr at 1-800-340-04750
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DENTAL BENEFITS
For you plus two or more covered dependents
100% Oass A - of Eligible Expenses for preventative dental care,
After you pay a $50 calendar year deductible per covered person (maximum $150 per
family), the Plan will pay:
80% Oass B - of Eligible Expenses including fillings, root
canal therapy, periodontal services, and oral surgeryo
50% Oass C - of Eligible Expenses including bridgework,
dentures, crowns, and inlayso
There is a $1,500 maximum benefit for Class A, B, and C Eligible Expenses,
in a calendar year, per covered person.
50% Oass 0(1) - of Eligible Expenses for Onhodontic services
with a lifetime benefit of $1,000 per child under age 19,
50% Oass 0(2) - of Eligible Expenses for Onhognathic surgery
with a lifetime benefit of $1,000 per ,overed person.
50% Oass E - of Eligible Expenses for TMJ 1I'eatment, subject
to a $500 lifetime maximum benefit per covered persono
Additional savings on dental services are available through the Preferred Dentist
Program (POP),
Enrollments are subject to a two year fIXed lock-in provision. This means that
participants are required to maintain their enrollment for the fIXed lock-in period
from 1/1/1998 to 12131/1999, unless they experience a Life Evento
Please refer to your Dental Assistance Plan Summary Plan Description for Plan
provisionso
Listed as dependents under the Dental Assistance Plan are:
STEPHANIEL DAVIS 17ll-G8-5900
PATRICIA A. DAVIS 197-41H1705
A
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If you feel your dependent information is incomplete or inaccurate, contact the
Human Resource Service Center at 1-800-340.04750
004192
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Componenll of Your Compensallon
, ,
D Pay for Timc Workcd
. Paid Timc-Orr
~ Hcalth, Disability, Lifc and AD&D
. Pcnsion and Profit Sharing
!m~ Social Security
Addlllonal Benefill
Additional bencfits and flcxiblc cmploymcnt policies availabIc to you, but not
includcd in thc abovc figurcs, arc:
. llicWorks Family Resource Program . Flexiblc Work Arrangements"
&wwre & Referral: ChildlElder Care 1Clecommutlng
P1annbJg & Counseling: Education Part-time Employment
Adoption Flcx.timcNarlablc Workwecks
Parenting Job Sharing
Personal Care . Leaves of Absence
Employee AssiJIance Program . Allstate Foundation Scholarship Program
. Adoption Reimbuncment
. ConSem Loan Program
. Infant Car Scat Program
. Employee Recognition Program(s) · MProfCSSh' ionoal EduPrcatlon Program
. ate IDg rant ogram
"depending 011 Job requirtmmu ond mOllDgflmml oppruvol
VacaHon and Holiday.
During 1998, you arc cligiblc to carn up to a certain numbcr ofwccks ofvacation,
dcpending on your ycars of scrvice and cmployce status, according to thc following
schcduIc:
Yean or Senlce
1 through 4
S through 14
tS through 24
2S or more
Weeks .rVacatlOD
2
3
4
S
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In addition to your paid vacation, you may rcccivc timc off for up to 7 Company
rccognizcd holidays and up to 4 pcrsonal holidays, based on your cmpIoyee status.
004192
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YOUR 1997 TOTAL VALUE OF YOUR COMPENSATION
AND BENEFITS
The total compensation you receive as an Allstate employee is comprised of pay and
benefitso While you and Allstate share in the cost of your benefits, the Company's
portion represents a significant addition to the value of your compensationo The
following is an estimate of the total value of your compensation and benefitso
A11.late'. Sbare Your Share
101997 In 1997
Medical Benefits $4,370 $1,457
Dental Benefits $485 $161
Vision Benefits $1Zl $193
Group LegalCare Benefits -0- -0-
Long 1l:rm Care Benefits' -0- -0-
Long 1l:rm Disability Benefits -0- $1,407
Basic ute Insurance $130 5608
Supplemental ute Insurance -0- $1,471
Dependent ute Insurance -0- -0-
AD&D Insurance $6S -0-
Allstate Retirement Plan2 $6,841 -0-
The Savings and Profit Sharing Fund3 $9,449 $6,199
Social Security $5,958 $5,958
Thlal $17,410 $17,655
Your 1997 Annual Compensation 5117,900
Your Thtal Value of your
Compensation and Benefits
as an employee of Allstate $155,310
1 f/ept8sBt!13 con/dJutlotls /htoUgh payrol ~
2 AIsts'e~ defined benslil pension plans do nollllllirteln sepam/e _Is for ItltM*JeJ enpIoyees, so
your pot1ion of /he I WlIlJlOO8l cost Is delennlned by conpaJing your pIlljected beneIiI wiIh /he /oIat
plDjected benslils of oJ pion paI1icfw1ls.
3 TIre emounl shown for AIs/./e', shsrII 1llp18S1ltl1s /he CcnpsnyCon/dJutlotls for IWl medii h
FebllJ81}' 1996. TIre emoun/ shown for your shsrulncludes pre-tax SlId .fIer.Jsx d6posIIs (it snyJo
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004192
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TABLE OF CONTENTS
.1
Ilem
Your 19971blal Value of Your Compensation and Benefits
Vacation and Holidays
Medical Benefits
Dental Benefils
Vision Care Benefits
Flexible Spending Accounl Program
Long 'IImn Care Insurance Plan
Group Life Insurance Benefits
Group LegalCare Benefils
Cole Vision. Optical Discounl Program
Survivors' Benefits
Illness & Disability Benefils
MedicaVLife Benefits After Retiremenl
Retiremenl Benefits
The Savings and Profit Sharing Fund of Allslate Employees
Your Beneficiaries
Personallnfonnation
Requesting Your Personalized Benefil Estimale
Guide 10 Accessing Employee Benefits Infonnalion
Imponanllnfonnation Aboul Your Slalemenl
Page
2,3
3
4
5
6
7
7
8
8
8
9
10
11
12,13
14
IS
IS
16
17
18,19
Whll. ."r:r.O'ort b.. been m.d. 10 report Inform.llon .ttUnl.ll\ please und.nland Ib.1
lb. posslbllllJ of buman error ......ys .xlsts. Thb .lal.m.nl desaibe. only lb. blghllghts of
lb. PI.n. .nd d... nol con.tIIul. .n omcl.1 PI.n documenL Pi.... ..,f.r 10 lb. PI.n
docum.nts, Summ.r:r Plan DescrlplloDS, .nd Th. S.vlngs and Pralll Sharing Fund
Summ.r:r Plan Descrlpllon .nd Prospectus for th.l.nus .nd condlllon.. Including
IImllalloDS .nd .n.pllous, for each Piano If Ib.re ..., .nl dlscrep.ndes behreen Ibl.
.lal.m.nl.nd lb. omclat PI.n docum.nts, lb. PI.n docum.nts will govern,
Whll. AlI.IaI. In.unn.. Companl expects 10 conllnu. lb. Plan. d..crlbed b...,ln
Ind.llnll.'l, lb. Companl res.n.'lbe rlghllo cb.nge, .m.nd or l.rmln.I.lbe PI.n. .1 anl
lime. PlIrtlclpallon In .nl of lb. PI.n. does nol coDSlllul. . gu.nnl.. of .mplo)'lll.nl,
This .lalom.nl I. for Inform.llon.1 purpo.es onll and b nol .n opportunllJ 10 make ben.fit
.I.cllon cb.nges .1 this lime. You can, b....ver, ..,f.r 10 Ibis Informallon durlnglbe .nnu.1
ben.fit .I.cllon period Ialer Ibb ye.r. For PI.n d.lalls, ..,ferlo lOur Summ.r:r PI.n
Descrlpllon.. If you b.v. anl q....llon. .boullb. Infona.llon pres.nled In thl. .lal.m.nl, or
correcllon.lo lb. penonallnfona.llon .bown, pl.... contact th. Hum.n Resource S.rvlce
Cenl.r .11.800-340-0475,
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004192
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Dear Allstater:
1997 was a very profitable ycar for Allstatc, and much of the Company's
success is due to the hard work of employees like you, Allstatc recognizes and
rewards your role in that success through the combination of your
compensation and benefitso
Jerry Choatc has stated morc than oncc that we want you to do well when
Allstate does well. Putting his words into action, in 1997, we made significant
changes to profit sharing that will allow you a greater share in Allstate's
succcss in the coming years,
But profit sharing is only par' of the total compensation picture at Allstateo
Your "total compensation" includcs the value of your direct compensation and
your benefit program, Your personal profile of the total value of your
compensation and benefits is presentcd in this booklet. Please revicw and
share it with your family.
Congratulations and thank you for a grcat ycar - and bcst wishcs for
continued success in 19980
~)n. ~tUZ(
Joan M. Crockett
Senior Vice President
Human Resource Shared Service
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SNELBAKERo BRENNEMAN 8 SPARE
ATTORNEY5 AT LAW
44 WBT M^lN 5TflHT
MECHANIC5BURG. PENNSYLVANIA 17055
klCHMD C. .NELBAKER
KEITH O. BkENNEMAN
PHILIP H. 'MRE
111'691"8528
r. O. BOX 31"
rAOIMILE (1ln 697-7681
April 3, 2001
Honorable Kevin Ao Hess
Curnbel'land County Court House
One Court House Square
Carlisle, PA 17013
Re: Davis vs, Davis
Noo 94-2723-Civil
Dear Judge Hess:
Attached is a copy of your Order of March 2, 2001, scheduling an argument
court for April 6, 2001 on our client's Motion to Make Rule Absolute.
Having been provided with a verification by Attorney Metz and after reading
Dickinson Collee-e vSo Hoffman reported in 50 Cumbo L,Jo 50, I arn withdrawing the
Motion to Make Rule Absolute and request that the argument court be cancelled as
unnecessary.
Richard C. Snelbaker
RCS:jjc
Enclosure
cc: Joseph Uo Metz, Esquire
\.jI!iiiili;~.t"",....
JOHN D. DAVIS
Plaintiff (Respondent)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
VSo
o ~:(~ 2723 CIVIL 1994
: CIVIL ACTION - LAW
MARY So DAVIS
Defendant (Petitioner)
; 1:"; DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Petition For Special Relief filed by Petitioner Mary So Davis on
December 18, 2000 in the above-captioned actiono
SNELBAKER & BRENNEMAN, P. Co
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Date: April 12, 2005
BY:
Keith 00 Brenneman, Esquire
44 Wo Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Mary So Davis
LAW OFFICES
SNEL8AKER 8r:
BRENNEMAN. P.C.
..,~~,.~ .
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CERTIFICATE OF SERVICE
I. KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
aused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the
anner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Joseph U. Metz, Esquire
Killion & Metz
214 Pine Street
Harrisburg, PA 17101
John D. Davis
55 Arbor Drive
Myerstown, PA 17067
SNELBAKER & BRENNEMAN, PoC,
J/nrJV'-
By:
Keith 00 Brenneman, Esquire
44 W, Main Street
Po 00 Box 318
Mechanicsburg, PAl 7055
(717) 697-8528
Attorneys for Petitioner Mary So Davis
ate: April 12. 2005
LAW OFFICES
SNELBAKER 8:
BRENNEMAN. P.C.
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JOHN Do DAVIS
Plaintiff (Respondent)
vs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ;-';0: 2723 CIVIL 1994
; llYIL ACTION - LAW
MARY S. DAVIS
Defendant (Petitj'"ll'r!
. !\ !IIVORCE
RECEIVED APR 1 3 200S
ORDER
AND NOW. this Zo. day of April, 2005, upon consideration of Defendant's
Petition For Special Relief, it is hereby ORDERED that a Rule is issued upon Respondent John
D, Davis to show cause. ifany he should have, why the relief requested in the foregoing Petition
should not be granted.
RULE RETURNABLE within
z...o
day of service of this Order and the
Petition upon Respondent.
BY THE COURT:
J.
LAW OFFICES
SNElBAKER 8<
BRENNEMAN, P,C.
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LAW OFFICES
SNELBAKER Be
BRENNEMAN. P.C.
JOHN Do DAVIS
Plaintiff (Respondent)
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 2723 CIVIL 1994
CIVIL ACTION - LAW
VSo
MARY So DAVIS
Defendant (Petitioner)
IN DiVORCE
PETITION FOR SPECIAL RELIEF
Petitioner Mary S, Davis, by her attorneys, Snelbaker & Brenneman, PoCo submits this
Petition and in support thereof states as follows:
I. The Petitioner herein is Mary S, Davis, an adult individual residing at 1500
County Road I, No, 128. Dunedin. qorida 346980
2. The Respondent herein is John Do Davis, an adult individual whose last known
residence and address is 55 Arbor Drive, Myerstown, Pennsylvania 17067,
3, The parties hereto, who were fonnally husband and wife. were divorced by
Decree in Divorce entered in the above-captioned action on October 25, 19940
4. On or about June 23, 1994, the parties entered into a Marriage Settlement
Agreement (hereinafter the "Agreement"), a true and correct copy of which Agreement is
attached hereto and incorporated by reference herein as "Exhibit A".
COUNT I
5.
Paragraphs I through 4, inclusive, above, are incorporated by reference herein in
their entirety,
6. Pursuant to Paragraph 24 of the parties' Agreement, it was the intention of the
parties that the Agreement shall survive any action for divorceo
2
7, Paragraph 12 Co of the parties' Agreement provides:
C, Husband will provide to Wife the total cash sum of$IOO,OOO
payable without interest in five (5) equal annual installments of $20,000
each with the first payment due twelve (12) months after tennination of
the alimony payment as hereinafter set forth,
(See Exhibit A, po 6)
80 Pursuant to Paragraph 13 of the parties' Agreement, Husband agreed to pay Wife
e sum of $1,500,00 per month as spousal support and/or alimony for a period of five (5) years
rom the date of the Agreement.
9, Respondent's obligation to pay Petitioner alimony and/or spousal support
ursuant to Paragraph 13 of the parties' Agreement ended June, 1999.
100 In accordance with Paragraph 12,C. of the parties' Agreement, Respondent was to
ay Petitioner five (5) equal annual installments of $20,000.00 each with the first payment due
uly 2000 and with four successive annual payments to be made in July 2001. 2002, 2003 and
1 I. Respondent has failed and refused to pay to Petitioner the $100.000,00 or any
ortion thereof payable in accordance with Paragraph 12.C. of the parties' Agreement.
WHEREFORE, the Petitioner requests this Court to:
A. Order and direct Respondent to pay Petitioner the sum of $1 00,000.00
together with interest thereon;
Bo Order and direct Respondent to pay the Petitioner's attorney's fees in
prosecuting the action sub iudice:
C, Order and direct that Respondent post security to provide for payment of
all amounts due Petitioner hereunder; and
LAW OFFICES
SNELBAKER a
BRENNEMAN, P.C,
Do
Provide such other relief as this Court in its discretion deems just and
propero
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ncurred by Petitioner in preparation, filing and prosecution of this Petition.
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SNELBAKER & BRENNEMAN, P. C.
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ate: March 31, 2005
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Meehanicsburg, P A 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
LAW OFFICES
SNElBAKER 8t
BRENNEMAN. p.e.
4
LAW OFFICES
SNElBAKER 8t
BRENNEMAN. p.e.
VERI FICA Tl0N
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date:
~ 31,dlOOS-
j~ A'7::euA~)
Mary S. Davis
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this '21'':.:-4 day of J -- ~ _ , 1994, by and
between MARY S. DAVIS, of Mechanicsburg, Cumberland County,
Pennsylvania, hereinafter referred to as "Wife", and JOHN D. DAVIS,
of Mechanicsburg, Cumberland County, Pennsyl vania, hereinafter
referred to as "Husband."
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on March 26,
1966; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they are living separate and apart from each
other; and
WHEREAS, Husband and Wife have made a full disclosure of their
assets to each other; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations with respect to each other, including the
disposition and distribution of property rights and interests
between them; and
NOW, THEREFORE, the parties intending to be legally bound
hereby, do covenant and agree:
1. SEPARATION. It shall be lawful for each party at all
times hereafter to continue to live separate and apart from the
EXHIBIT A
't. .'
other party at such places as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as
an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart.
2. INTERFERENCE. Each party shall be free from interference,
authority, and contact by the other, as fully as if he or she were
single and unmarried except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other
or attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, or in any way harass or malign the other,
nor in any way interfere with the peaceful existence, separate and
apart from the other.
3. WIFE'S DEBTS. Wife represents and warrants to Husband
that since the separation she has not and in the future she will
not contract or incur any debt or liability for which Husband or
his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against
him by reason of debts and obligations incurred by her. Wife
acknowledges and agrees that all debts and obligations incurred by
the Wife prior to the date of the delivery of this Agreement, and
all further debts incurred by the Wife from and after the date of
delivery hereof, shall be the Wife's individual responsibility.
2
to, .'
4. HUSBAND'S DEBTS. Husband represents and warrants to Wife
that since the separation he has not and in the future he will not
contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him. Husband acknowledges and
agrees that all debts and obligations incurred by the Husband prior
to the date of the delivery of this Agreement, and all further
debts incurred by .the Husband from and after the date of delivery
hereof, shall be the Husband's individual responsibility.
5. 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 and except for any or all
causes of action for breach of any provision of this Agreement.
6. DISCLOSURE OF PROPERTY. Husband and wife acknowledge and
agree that they have made a full and complete disclosure to the
other of all information pertaining to the parties' separate and
3
marital property owned, possessed and/or controlled by the other at
the time of the separation of the parties and, further, that the
Husband and wife voluntarily and intelligently agree to waive any
rights which they may have to receive an inventory and appraisement
of all property owned or possessed by them either jointly or
individually, at the time of the delivery of this Agreement or of
the commencement of any action in divorce.
7. DIVISION OF PERSONAL PROPERTY. The parties agree that
they have divided between themselves, to their mutual satisfaction,
all items of tangible, personal property previously used by them in
the marital home. All such items in the marital home shall become
the property of the Wife with the exception of the big screen tv,
sectional couch, single bed, assorted dishes and kitchen utensils,
which shall be preserved for the benefit of the Husband.
8. AUTOMOBILE. Husband hereby agrees to transfer to Wife all
of his right, title and interest in and to the 1986 Ford Bronco,
which is currently titled in Husband's name. Husband hereby waives
any claim, right or title in and to said automobile.
9. REAL ESTATE. Husband and Wife hereby mutually agree that
the marital real estate known and numbered as 216 Fox Drive,
Mechanicsburg, Cumberland County, Pennsylvania now titled in the
names of Husband and Wife, as tenants by the entireties, shall be
4
'.
transferred to the Wife subject to Wife's assumption of payment of
the outstanding first and second mortgages to GMAC and Sears
respectively. Wife hereby agrees to be solely responsible and
shall indemnify and hold harmless Husband from any and all claims
or demands made against him by any reason on account of said
mortgage Obligations.
10. PENSION AND RETIREMENT PLANS. Wife hereby agrees to waive
all right, title and interest in and to Husband's retirement,
pension and profit sharing plan through his employment with
Allstate Insurance Company and/or Sears. Wife further agrees to
execute any and all documents necessary to release any claim she
may have now or hereafter.
Husband hereby agrees to ....aive all right, title and
interest in and to Wife's retirement, pension and profit sharing
plan through her employment. Husband further agrees to execute any
and all documents necessary to release any claim he may have now or
hereafter.
11. LIABILITIES. Husband hereby agrees to be solely
responsible for the following marital liabilities:
A. All outstanding charge accounts including Wanamakers,
penneys, Sears and Visa.
5
B. outstanding Internal Revenue Service tax liability for
income taxes for the years 1991 and 1992 having an approximate
balance of $5,000.00.
C. A joint loan in the face amount of $6,000 payable to
Wife's parents, which amount will be repaid within twenty-four (24)
months after the college graduation of the daughter, Stephanie.
Husband hereby agrees to indemnify and hold harmless Wife from any
and all claims or demands made against her by reason of the
liabilities as mentioned in this subparagraph.
12. ADDITIONAL CONSIDERATIONS. In consideration for this
marital property settlement, Husband hereby agrees to provide Wife
with the following additional considerations:
A. Two (2) plane tickets per year to visit the children
provided Wife gives Husband thirty (30) days' advance notice.
B. Husband will purchase for Wife a refrigerator and
tv/vcr of her choice in the total amount not to exceed $1,750.00.
C. Husband will provide to Wife the total cash sum of
$100,000 payable without interest in five (5) equal annual
installments of $20,000 each with the first payment due twelve (12)
months after termination of the alimony payments as hereinafter set
forth.
6
"
13. ALIMONY/SUPPORT. Husband hereby agrees to pay to Wife the
sum of $1500 per month as spousal support and/or alimony for a
period of five (5) years from the date of this Agreement or until
the death of Wife, whichever shall first occur. The first payment
is due within thirty (30) days from the date of the execution of
this Agreement. Husband shall also provide to Wife reimbursement
of those medical expenses in connection with a pre-cancer condition
which are not covered by medical insurance.
14. LIFE INSURANCE. Husband hereby agrees to maintain for the
benefit of Wife sufficient life insurance in an amount to protect
Wife against any loss as a result of Husband's death from those
obligations assumed by Husband as identified in paragraphs 11, 12
and 13.
15. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to division of property
in lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have against
7
the other for the equitable distribution of their property by any
court of competent jurisdiction pursuant to the Domestic Relations
Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
16. COSTS. Husband hereby agrees to pay all expenses related
to the preparation of this Agreement and all court costs related to
the filing of a no fault divorce, excluding any counsel fees for
the benefit of Wife. Wife hereby agrees to waive all claims and
demands that she may now or hereafter have against Husband for
counsel fees and expenses or for any other provisions for support
and maintenance before, during and after the commencement of any
proceedings for the divorce between the parties.
17. BREACH. If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, and the party
breaching this contract should be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights
8
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under this Agreement, or seek such other remedies or relief as may
be available to him or her.
18. 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.
19. MODIFICATION AND WAIVER. The modification or waiver of
any of the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or
similar nature.
20. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANT. It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
22. APPLICABLE LAW. This Agreement shall be construed under
the laws of the commonwealth of Pennsylvania.
9
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23. VOID CLAUSE. 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.
24. ENTRY AS PART OF THE DECREE.
It is the intention of the
parties that the within Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party, and
no order, judgment or decree, temporary, interlocutory, final or
permanent shall affect or modify the financial terms of this
Agreement.
This Agreement shall be embodied in and made part of
any such judgment or decree of final divorce.
Husband agrees to
provide to Wife, at his expense, a certified copy of the final
Decree in Divorce.
25.
VOLUNTARY EXECUTION.
The Husband acknowledges that
Charles J. DeHart, III, Esquire acted as legal counsel to him in
connection with the negotiation and preparation of this Marriage
Settlement Agreement.
Husband represents that the provisions of
this Agreement are fully understood and acknowledges that the
Agreement is in all respects fair and equitable, that it is being
10
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entered into voluntarily and knowingly and that it is not the
result of any duress or undue influence.
The Wife acknowledges that she has been advised to seek
independent legal counsel for review of this Agreement prior to its
execution. Wife further acknowledges that she voluntarily entered
into this Agreement with full understanding of its legal effect.
upon that provision, Wife acknowledges and represents that each
provision of this Agreement has been reviewed with her by Charles
J. DeHart, III, Esquire and is fully understood.
She further
acknowledges that the Agreement is in all respects fair and
equitable, that it is being entered into voluntarily and knowingly,
and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
WITNESS:
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MAR~_ '
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L/DAVIS
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CERTIFICATE OF SERVICE
I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that r have, on the below date,
aused a true and correct copy of the foregoing Pctition For Special Relicfto bc servcd upon the
ersons and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Joseph U, Mctz, Esquire
Killion & Metz
214 Pine Street
Harrisburg, P A 17101
John D, Davis
55 Arbor Drive
Myerstown, PA 17067
SNELBAKER & BRENNEMAN, P,C,
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ate:
By:
Keith 0, Brenneman, Esquire
44 W, Main Street
p, 0, Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendant Mary S, Davis
LAW OFFICES
sNElBAKER 8t
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JOHN D, DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO, 94-2723 CIVIL
MARY S, DAVIS,
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this 18'
day of July, 2005, hearing on the above captioned rnatter is
set for Wednesday, August 31, 2005, at 2:30 p.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, P A.
Bricfs on the statute of Iirnitations issue are duc one (I) week prior to the tirne set for
hearing.
BY THE COURT,
v1o"hn Connelly, Jr" Esquire
For the Plaintiff
~ith 0, Brenneman, Esquire
For the Defendant
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Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO, 94-2723 CIVIL
MARY S, DAVIS,
Dcfendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this ~ S # day of July, 2005, hcaring on thc above captioned rnatter
set for August 31, 2005, is continued to Wcdncsday. October 12, 2005 at 9:30 a.m. in Courtroom
Nurnber 4, CumberJand County Courthousc, Carlislc, PA,
Briefs on the statute of limitations issuc arc due onc (I) week prior to thc time set for
hearing,
BY THE COURT.
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,.-rohn Connelly. Jr" Esquire
For the Plaintiff
A 0, Brenneman. Esquire
For the Dcfendant
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JOHN D. DAVIS
Plaintiff (Respondent)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO: 2723 CIVIL 1994
CIVIL ACTION - LAW
MARY S. DAVIS
Defendant (Petitioner:
IN DIVORCE
PETlTlONLi.~ J{bPL Y TO NEW MA TIER
Petitioner Mary S, Davis, by her attorncys, Snelbaker & Brennernan, p, C., submits this
Reply to New Maucr as follows:
17. Denied, Paragraph 17 of Respondent's New MaUer contains unwarranted
onclusions oflaw to which no responsc is required by this party; therefore, same are deemed to
e denied, To the extent a response is required. it is denied that a statute of limitations bars
etitioner's claims, in whole or in part. or that the subject contract has no validity.
WHEREFORE, Petitioner requests that judgment be entered against Respondent John D,
avis in accordance with the demands for relief set forth in the Petition For Special Relief,
SNELBAKER & BRENNEMAN, p, C,
ate: May 20. 2005
BY:
Keith 0, Brenneman, Esquire
44 W, Main Strect
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Mary S, Davis
LAW OFFICES
SNELBAKER Be
BRENNEMAN, P.C.
VERIFICA nON
I verify that the statements rnadc in the foregoing Reply to New Matter are true and
orrect. I understand that false statements herein are made subject to the penalties of 18 Pa,c,S.
ection 4904 relating to unsworn falsification to authorities,
ate: ~o/()r
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Mary S. D~ .
LAW OFFICES
SNELBAKER a
BRENNEMAN, P.C.
,
CERTIFICATE OF SERVICE
I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Rcply to New Matter to be served upon the
person and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
John J, Connelly, Jr" Esquire
James Smith Dietterick & Connelly, LLP
P. 0, Box 650
Hershey, PA 17033
SNELBAKER & BRENNEMAN, P,C,
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Date:
By:
Keith 0, Brenneman, Esquire
44 W. Main Street
p, 0, Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
May 31, 2005
LAW OFFICES
SNELBAKER 8:
BRENNEMAN, P.C.
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John J. Connelly, Jr" Esquire
Allomey 1.0, No, 15615
James Smith Dietterick & Connelly, LLP
P.O, Box 650
Hershey, PA 17033
Allomeys for PlaintitTlRespondenl
JOHN D, DAVIS, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2723 CIVIL 1994
MARY S. DAVIS, : CIVIL ACTION - LAW
Defendant/Petitioncr : IN DIVORCE
RESPONDENT'S ANSWER TO PETITION
FOR SPECIAL RELIEF
AND NOW, John D, Davis, by and through and his attorneys John J. Connelly, Jr.,
Esquire of Jamcs, Smith, Dietterick & Connelly, LLP, and submits this Answer to Petition for
Special Relief as follows:
I. Admitted,
2. Admitted.
3, Admitted.
4. Admitted.
COUNT I
5. No rcsponse required,
6. Admitted,
7, Admitted,
8, Admitted.
9, Admitted.
10, Admitted,
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II. Admitted in part and dcnied in part. It is admitted that the Respondent has not
paid the Petitioner the payments pursuant to paragraph 12(c) of the Property Settlement
Agreement, Thc Rcspondcnt offcred an alternative paymcnt arrangemcnt or the original
payment schedule in June of2000 to which thc Petitioner failed to rcspond,
COUNT II
12, No rcsponsc requircd,
13. Admitted,
14, For the rcasons sct forth in the New Malter herein, Respondent's allegation of the
breach of the provision is invalid,
15. Denied, Proof demanded at time of hearing,
16. Denied. Proof demandcd at tirne of hearing.
NEW MA ITER
17, The Pctitioner's action in this rnatter is based on the contract entered into by the
parties. The statute of limitations for enforcernent ofthc contract expired in June of20Q4,
Therefore, the action to enforce the terms of the contract has no vitality having been asserted
approxirnately eight months after thc cxpiration of the statute of limitations.
2
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WHEREFORE, Respondcnt respcctfully requcsts this Honomble Court dismiss
Petitioner's Petition for Special Reliefas an cnforccrncnt ofa contract having been asserted
outside the statute oflirnitations,
Respcctfully submitted,
JAMES, SMITH, DlElTERICK
& CONNELLY, LLP
Dated: s/liL/os
By:
Attorncys for PlaintifTIRespondent,
John D. Davis
3
. .
VERIFICATION
I veritY that the statements rnadc in this Pleading 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:
5//;)./05
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JOHN D. DAVIS, : IN THE COURT OF COMMON PLEAS
Plaintiff /Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 2723 CIVIL 1994
MARY S, DAVIS, : CIVIL ACTION - LAW
Defendant/Petitioncr : IN DIVORCE
CERTIFICATE OF SERVICE
I, John J, Connelly, Jr" Esquire, of James, Srnith, Dictterick & Connelly, LLP attorney for
the Plaintiff7Respondcnt, John D, Davis, hereby certifY that I have served a copy of the foregoing
Answer to Petition for Special Relief on the following on the datc and in the manner indicated
below:
VIA V.S MAIL. FIRST CLASS. PRE-PAID
Keith 0, Brenncman, Esquire
Snclbaker & Brenneman, P,C,
44 West Main Street
P,O. Box 318
Mechanicsburg, P A 17055
JAMES, SMITH, DlETfERlCK
& CONNELLY, LLP
Dated: :2./' ~ I oS
By:
Attorneys for Plaintiff7Respondcnt,
John D, Davis
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Plaintiff (Respondent)
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO, 2723 CIVIL. 1994
: CIVIL ACTION - LAW
MARY S. DAVIS,
Defendant (Petitioner)
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw, discontinuc and cnd the Pctition For Special Relief filed by Petitioner
Mary S. Davis in the above-captioned action on April 12, 2005,
SNELBAKER & BRENNEMAN, p, C,
Date: October 20, 2005
By:l~
Keith 0, Brennernan, Esquire
44 W, Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Petitioner Mary S, Davis
LAW OFFICES
SNELBAKER 8:
BRENNEMAN. P,C.
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CERTIFICATE OF SERVICE
I, KEITH 0, BRENNEMAN, ESQUIRE, hercby ccrtify that I have. on the below date,
aused a true and correct copy of thc forcgoing Pmecipe to be served upon the person and in the
unner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
John J, Connelly, Jr" Esquire
James Smith Dielterick & Connelly, LLP
p, 0, Box 650
Hershey, PA 17033
SNELBAKER & BRENNEMAN. p,c,
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By:
Keith 0, Brenneman, Esquire
44 W, Main Street
p, 0, Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Altorneys for Petitioner Mary S. Davis
ate: October 20, 2005
LAW OFFICES
5NELBAKER 8:
BRENNEMAN. P.C.
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JOHN D, DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO, 94-2723 CIVIL
vs,
MARY S, DAVIS,
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this
11. ..
day ofOctobcr, 2005, at thc request of counscl for the
parties, hearing on the above captioned rnaUcr set for Octobcr 12, 2005 at 9:30 a,rn, is continued
genemlly,
BY THE COURT.
. Ad.
v.rohn connclly, Jr" Esquire
For the Plaintiff
vKt:ith 0, Brenneman, Esquire
For the Defendant
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LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
JOHN D. DAVIS
Plaintiff (Respondent)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C UNTY, PENNSYLVANIA
vs.
NO: 2723 CIVIL 1994
CIVIL ACTION - L W
MARY S. DAVIS
Defendant (Petitioner)
IN DIVORCE
PETITION FOR SPECIAL RELI F
Petitioner Mary S. Davis, by her attorneys, Snelbaker & Bre neman, P.c. submits this
Petition and in support thereof states as follows:
I. The Petitioner herein is Mary S. Davis, an adult indi idual residing at 1500
County Road I, No. 128, Dunedin, Florida 34698.
2. The Respondent herein is John D. Davis, an adult in ividual whose last known
residence and address is 55 Arbor Drive, Myerstown, Pennsylvania 17067.
3. The parties hereto, who were formally husband and ife, were divorced by
Decree in Divorce entered in the above-captioned action on Octobe 25, 1994.
4. On or about June 23, 1994, the parties entered into a arriage Settlement
Agreement (hereinafter the "Agreement"), a true and correct copy 0 which Agreement is
attached hereto and incorporated by reference herein as "Exhi bit A' .
COUNT I
5. Paragraphs I through 4, inclusive, above, are incorp rated by reference herein in
their entirety.
6. Pursuant to Paragraph 24 of the parties' Agreement, t was the intention of the
parties that the Agreement shall survive any action for divorce.
2
LAW OFFICES
SNELBAKER &
BRENNEMAN, P,C.
7. Paragraph 12 C. of the parties' Agreement provides:
C. Husband will provide to Wife the total cas sum of $1 00,000
payable without interest in five (5) equal annual insta Iments of $20,000
each with the first payment due twelve (12) months a ter termination of
the alimony payment as hereinafter set forth.
(See Exhibit A, p. 6)
8. Pursuant to Paragraph 13 of the parties' Agreement, usband agreed to pay Wife
he sum of$1,500.00 per month as spousal support andlor alimony f; r a period of five (5) years
rom the date of the Agreement.
9. Respondent's obligation to pay Petitioner alimony an lor spousal support
ursuant to Paragraph 13 of the parties' Agreement ended June. 1999
10. In accordance with Paragraph 12.C. of the parties' Ag eement, Respondent was to
ay Petitioner five (5) equal annual installments of $20,000.00 each ith the first payment due
uly 2000 and with four successive annual payments to be made in Ju y 200 I, 2002, 2003 and
004.
II. Respondent has failed and refused to pay to Petitioner he $100.000.00 or any
ortion thereof payable in accordance with Paragraph 12.C. of the pa ies' Agreement.
WHEREFORE, the Petitioner requests this Court to:
A. Order and direct Respondent to pay Petitioner t e sum of $ ] 00,000.00
together with interest thereon;
B. Order and direct Respondent to pay the Petition r's attorney's fees in
prosecuting the action sub iudice;
C. Order and direct that Respondent post security t provide for payment of
all amounts due Petitioner hereunder; and
D.
Provide such other relief as this Court in its dis etion deems just and
proper.
2
LAW OFFICES
SNELBAKER &
BRENNEMAN. P .C.
COUNT II
12. The averments of Paragraphs 1 through II, inclusive, above, are incorporated by
eference herein in their entirety.
13. Paragraph 17 of the parties' Agreement provides as fo lows:
BREACH. If either party breaches any provis'on of this
Agreement, the other party shall have the right, at his r her
election, to sue for damages for such breach, and the p rty
breaching this contract should be responsible for payn ent of
legal fees and costs incurred by the other in enforcing heir
rights under this Agreement, or seek such other remed es or
relief as may be available to him or her.
(See Exhibit A, p. 8)
14. For the reasons set forth in this Petition, Respondent h s breached the provision of
aragraph 12.C. of the parties' Agreement.
IS. Petitioner has engaged the law firm of Snelbaker & Br nneman, P.C. at the firm's
tandard hourly rate of $lS0.00, in order to enforce her rights under t parties' Agreement due
Respondent's breach thereof as set forth herein.
16. Petitioner has and will continue to incur fees and costs n enforcing her rights
nder this Agreement.
WHEREFORE, Petitioner requests this Court, in addition to th relief requested as set
orth in Count I, above, to order and direct Respondent to pay all legal fees and costs
3
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
ncurred by Petitioner in preparation, filing and prosecution of this P titian.
SNELBAKER & BRENNEM N, P. C.
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ate: March 31,2005
BY:
Keith O. Brenneman, Esqui e
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Petitioner Ma y S. Davis
4
VERIFICA T10N
I verify that the statements made in the foregoing Petition e true and correct. 1
understand that false statements herein are made subject to the pe lties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Date:
~ El, <xOOS'
LAW OFFICES
SNELBAKER &
BRENNEMAN, P,c.
MARRIAGE SETTLEMENT AGREEMENT
,A
THIS AGREEMENT, made this ']1' -'-day of J -'~
, 1994, by and
between MARY S. DAVIS, of Mechanicsburg, Cum erland County,
Pennsylvania, hereinafter referred to as "wife", an JOHN D. DAVIS,
of Mechanicsburg, Cumberland County, Pennsylvan a, hereinafter
referred to as "Husband."
WITNESSETH:
WHEREAS, Husband and Wife were lawfully marri d on March 26,
1966; and
WHEREAS, differences have arisen between Husb nd and Wife in
consequence of which they are living separate and part from each
other; and
WHEREAS, Husband and Wife have made a full disc osure of their
assets to each other; and
WHEREAS, Husband and Wife desire to settle and etermine their
rights and obligations with respect to each other, including the
disposition and distribution of property rights and interests
between them; and
NOW, THEREFORE, the parties intending to be legally bound
hereby, do covenant and agree:
1.
SEPARATION.
It shall be lawful for each party at all
times hereafter to continue to live separate and a art from the
EXHIBIT A
"
other party at such places as he or she may fr m time to time
choose or deem fit. The foregoing provisions shall not be taken as
an admission on the part of either party of th lawfulness or
unlawfulness of the causes leading to their livin apart.
2. INTERFERENCE. Each party shall be free fr m interference,
authority, and contact by the other, as fully as he or she were
single and unmarried except as may be necessary carry out the
provisions of this Agreement. Neither party shall olest the other
or attempt to endeavor to molest the other, nor com e1 the other to
cohabit with the other, or in any way harass or ma ign the other,
nor in any way interfere with the peaceful existenc , separate and
apart from the other.
3. WIFE'S DEBTS. Wife represents and warra ts to Husband
that since the separation she has not and in the uture she will
not contract or incur any debt or liability for which Husband or
his estate might be responsible and shall inde ify and save
harmless Husband from any and all claims or demand made against
him by reason of debts and obligations incurred b her. Wife
acknowledges and agrees that all debts and obligati ns incurred by
the Wife prior to the date of the delivery of this greement, and
all further debts incurred by the Wife from and r the date of
delivery hereof, shall be the Wife's individual res onsibility.
2
4. HUSBAND'S DEBTS. Husband represents and arrants to Wife
that since the separation he has not and in the fu ure he will not
contract or incur any debt or liability for whi h Wife or her
estate might be responsible and shall indemnify an save harmless
Wife from any and all claims or demands made agains her by reason
of debts or obligations incurred by him. Husband a knowledges and
agrees that all debts and obligations incurred by th Husband prior
to the date of the delivery of this Agreement, a d all further
debts incurred by the Husband from and after the d te of delivery
hereof, shall be the Husband's individual responsi ility.
5. MUTUAL RELEASE. Subject to the provisions of this
Agreement, each party has released and discharge , and by this
Agreement does for himself or herself, and his or h r heirs, legal
representatives, executors, administrators, and as igns, release
and discharge the other of and from all causes of a tion, claims,
rights, or demands, whatsoever in law or equity, w ich either of
the parties ever had or now has against the other, except any or
all cause or causes of action for divorce and except for any or all
causes of action for breach of any provision of thi Agreement.
6. DISCLOSURE OF PROPERTY. Husband and wife a knowledge and
agree that they have made a full and complete dis losure to the
other of all information pertaining to the parties' separate and
3
marital property owned, possessed and/or controlled y the other at
the time of the separation of the parties and, fur her, that the
Husband and Wife voluntarily and intelligently agre to waive any
rights which they may have to receive an inventory an appraisement
of all property owned or possessed by them eith r jointly or
individually, at the time of the delivery of this A reement or of
the commencement of any action in divorce.
7. DIVISION OF PERSONAL PROPERTY. The parti s agree that
they have divided between themselves, to their mutual satisfaction,
all items of tangible, personal property previously u ed by them in
the marital home. All such items in the marital horn shall become
the property of the Wife with the exception of the ig screen tv,
sectional couch, single bed, assorted dishes and kit hen utensils,
which shall be preserved for the benefit of the
8. AUTOMOBILE. Husband hereby agrees to transf r to Wife all
of his right, title and interest in and to the 1986 Ford Bronco,
which is currently titled in Husband's name. Husband ereby waives
any claim, right or title in and to said automobile.
9. REAL ESTATE. Husband and Wife hereby mutual y agree that
the marital real estate known and numbered as 21 Fox Drive,
Mechanicsburg, Cumberland County, Pennsylvania now titled in t:he
names of Husband and Wife, as tenants by the entiret'es, shall be
4
transferred to the Wife subject to Wife's assumpti n of payment of
the outstanding first and second mortgages to GMAC and Sears
respectively. Wife hereby agrees to be solely esponsib1e and
shall indemnify and hold harmless Husband from an and all claims
or demands made against him by any reason on ccount of said
mortgage obligations.
10. PENSION AND RETIREMENT PLANS. Wife hereby agrees to waive
all right, title and interest in and to Hushan 's retirement,
pension and profit sharing plan through his mployment with
Allstate Insurance Company and/or Sears. Wife fu ther agrees to
execute any and all documents necessary to releas any claim she
may have now or hereafter.
Husband hereby agrees to ..'aive all ri ht, title and
interest in and to Wife's retirement, pension and profit sharing
plan through her employment. Husband further agrees to execute any
and all documents necessary to release any claim he ay have now or
hereafter.
11. LIABILITIES. Husband hereby agrees to be solely
responsible for the following marital liabilities:
A. All outstanding charge accounts includi 9 Wanamakers,
penneys, Sears and Visa.
5
B. Outstanding Internal Revenue Service t x liability for
income taxes for the years 1991 and 1992 having an approximate
balance of $5,000.00.
C. A joint loan in the face amount of $6 000 payable to
wife's parents, which amount will be repaid within t enty-four (24)
months after the college graduation of the daughte , Stephanie.
Husband hereby agrees to indemnify and hold harmles wife from any
and all claims or demands made against her by reason of the
liabilities as mentioned in this subparagraph.
12. ADDITIONAL CONSIDERATIONS. In consider tion for this
marital property settlement, Husband hereby agrees 0 provide Wife
with the following additional considerations:
A. Two (2) plane tickets per year to visi the children
provided Wife gives Husband thirty (30) days' advan e notice.
B. Husband will purchase for Wife a re rigerator and
tv/vcr of her choice in the total amount not to exc ed $1,750.00.
C. Husband will provide to Wife the total cash sum of
$100,000 payable without interest in five (5) equal annual
installments of $20,000 each with the first payment d e twelve (12)
months after termination of the alimony payments as h reinafter set
forth.
6
13. ALIMONY/SUPPORT. Husband hereby agrees to pay to Wife the
sum of $1500 per month as spousal support andlo alimony for a
period of five (5) years from the date of this Agr ement or until
the death of Wife, whichever shall first occur. Th first payment
is due within thirty (30) days from the date of t e execution of
this Agreement. Husband shall also provide to Wif reimbursement
of those medical expenses in connection with a pre-c ncer condition
which are not covered by medical insurance.
14. LIFE INSURANCE. Husband hereby agrees to m intain for the
benefit of Wife sufficient life insurance in an am unt to protect
Wife against any loss as a result of Husband's de th from those
obligations assumed by Husband as identified in par graphs 11, 12
and 13.
15. EQUITABLE DISTRIBUTION. Husband and Wife a knowledge and
agree that the provisions of this Agreement with espect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which ha e been taken
into consideration by the parties. Both parties her by accept the
provisions of this Agreement with respect to divisi n of property
in lieu of and in full and final settlement and satis action of all
claims and demands that they may now have or hereafte have against
7
the other for the equitable distribution of their roperty by any
court of competent jurisdiction pursuant to the Dom stic Relations
Code or any other laws. Husband and Wife v luntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver y either party
of any rights to seek the relief of any court for he purpose of
enforcing the provisions of this Agreement.
16. COSTS. Husband hereby agrees to pay all ex enses related
to the preparation of this Agreement and all court co ts related to
the filing of a no fault divorce, excluding any co nsel fees for
the benefit of Wife. wife hereby agrees to waive all claims and
demands that she may now or hereafter have agains Husband for
counsel fees and expenses or for any other provisio s for support
and maintenance before, during and after the commen ement of any
proceedings for the divorce between the parties.
17. BREACH. If either party breaches any prov sion of this
Agreement, the other party shall have the right, a his or her
election, to sue for damages for such breach, a d the party
breaching this contract should be responsible for pay ent of legal
fees and costs incurred by the other in enforcing heir rights
8
under this Agreement, or seek such other remedies r relief as may
be available to him or her.
18. ENTIRE AGREEMENT. This Agreement cont ins the entire
understanding of the parties and there are no r presentations,
warranties, covenants or undertakings other than hose expressly
set forth herein.
19. MODIFICATION AND WAIVER. The modificati n or waiver of
any of the provisions of this Agreement shall be ef ective only if
made in writing and executed with the same for ality as this
Agreement. The failure of either party to insi t upon strict
performance of any of the provisions of this Agreeme t shall not be
construed as a waiver of any subsequent default f the same or
similar nature.
20. DESCRIPTIVE HEADINGS. The descriptive headings used
herein are for convenience only. They shall h ve no effect
whatsoever in determining the rights or obligations f the parties.
21. INDEPENDENT SEPARATE COVENANT. It is specifically
understood and agreed by and between the parties he eto that each
paragraph hereof shall be deemed to be a separate a d independent
covenant and agreement.
22. APPLICABLE LAW. This Agreement shall be c nstrued under
the laws of the Commonwealth of Pennsylvania.
9
,
23. VOID CLAUSE. If any term, condition, clau e, or provision
of this Agreement shall be determined or declare to be void or
invalid in law or otherwise, then only that term, c clause
or provision shall be stricken from this Agreem and in all
other respects this Agreement shall be valid and c ntinue in full
force, effect and operation.
24. ENTRY AS PART OF THE DECREE. It is the i tention of the
parties that the within Agreement shall survive for
divorce which may be instituted or prosecuted by ei and
no order, judgment or decree, temporary, interloc final or
permanent shall affect or modify the financial of this
Agreement. This Agreement shall be embodied of
any such judgment or decree of final divorce. and agrees to
provide to Wife, at his expense, a certified of the final
Decree in Divorce.
25. VOLUNTARY EXECUTION. The Husband acknowledges that
Charles J. DeHart, III, Esquire acted as legal cou sel to him in
connection with the negotiation and preparation of this Marriage
Settlement Agreement. Husband represents that the provisions of
this Agreement are fully understood and acknowle ges that the
Agreement is in all respects fair and equitable, th t it is be.ing
10
'.
entered into voluntarily and knowingly and that it is not the
result of any duress or undue influence.
The Wife acknowledges that she has been dvised to seek
independent legal counsel for review of this Agreem nt prior to its
execution. Wife further acknowledges that she volu tarily entered
into this Agreement with full understanding of it legal effect.
Upon that provision, Wife acknowledges and nts that each
provision of this Agreement has been reviewed with her by Charles
J. DeHart, III, Esquire and is fully understood.
She further
acknowledges that the Agreement is in all resp cts fair and
equitable, that it is being entered into voluntarily and knowingly,
and that it is not the result of any duress or undue influence.
IN WITNESS WHEREOF, the parties have hereunto et their hands
and seals the day and year first above written.
WITNESS:
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MARY S. DA~S _
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C/DAVIS
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CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that have, on the below date,
aused a true and correct copy of the foregoing Petition For Special eliefto be served upon the
persons and in the manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSf D AS FOLLOWS:
Joseph U. Metz, Esquire
Killion & Metz
214 Pine Street
Harrisburg, PA 17101
John D. Davis
55 Arbor Drive
Myerstown, P A 17067
SNELBAKER & BRENNEMA N, P .C.
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)ate:
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendant Mary S. Davis
LAW OFFICES
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JOHN D. DAVIS
Plaintiff (Respondent)
vs.
MARY S. DAVIS
Defendant (Petitioner)
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
';C' 2723 CIVIL 1994
'.TvIL ACTION - LA W
L, DIVORCE
PRAECIPE
Please withdraw the Petition For Special Relief filed by Petitioner Mary S. Davis on
December 18, 2000 in the above-captioned action.
Date: April 12,2005
SNELBAKER & BRENNEMAN. P. C.
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BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
aused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the
anner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Joseph U. Metz, Esquire
Killion & Metz
214 Pine Street
Harrisburg,PA 17101
John D. Davis
55 Arbor Drive
Myerstown, P A 17067
SNELBAKER & BRENNEMAN, P.C.
~
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
ate: April 12,2005
LAW OFFICES
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3RENNEMAN, P.C.
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JOHN D. DAVIS
Plaintiff (Respondent)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO: 2723 CIVIL 1994
CIVIL ACTION - LA W
MARY S. DAVIS
Defendant (Petitiuner)
IN DIVORCE
RECEIVED APR 13 2005 y'
ORDER
AND NOW, this
ZOO day of April, 2005, upon consideration of Defendant's
Petition For Special Relief, it is hereby ORDERED that a Rule is issued upon Respondent John
D. Davis to show cause, if any he should have, why the relief requested in the foregoing Petition
should not be granted.
RULE RETURNABLE within
ZA>
day of service of this Order and the
Petition upon Respondent.
BY THE COURT:
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John J. Connelly, Jr., Esquire
Attorney I.D. No. 156]5
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, P A 1703 3
Attorneys for PlaintifflRespondent
JOHN D. DAVIS,
P1aintifflRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2723 CIVIL 1994
MARY S. DAVIS,
DefendantlPetitioner
CIVIL ACTION - LAW
IN DIVORCE
RESPONDENT'S ANSWER TO PETITION
FOR SPECIAL RELIEF
AND NOW, John D. Davis, by and through and his attorneys John J. Connelly, Jr.,
Esquire of James, Smith, Dietterick & Connelly, LLP, and submits this Answer to Petition for
Special Relief as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4, Admitted.
COUNT I
5, No response required.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
2
. ,
11. Admitted in part and denied in part. It is admitted that the Respondent has not
paid the Petitioner the payments pursuant to paragraph 12( c) of the Property Settlement
Agreement. The Respondent offered an alternative payment arrangement or the original
payment schedule in June of 2000 to which the Petitioner failed to respond.
COUNT II
12. No response required.
13. Admitted.
14. For the reasons set forth in the New Matter herein, Respondent's allegation of the
breach of the provision is invalid.
15. Denied. Proof demanded at time of hearing.
16. Denied. Proof demanded at time of hearing.
NEW MATTER
17. The Petitioner's action in this matter is based on the contract entered into by the
parties. The statute oflimitations for enforcement of the contract expired in June of 2004.
Therefore, the action to enforce the terms of the contract has no vitality having been asserted
approximately eight months after the expiration ofthe statute oflimitations.
Dated: 5/1 ~ 105
By:
(
"-
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WHEREFORE, Respondent respectfully requests this Honorable Court dismiss
Petitioner's Petition for Special Relief as an enforcement of a contract having been asserted
outside the statute oflimitations.
Respectfully submitted,
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Attorneys for P1aintiIDRespondent,
John D. Davis
3
. ,
VERIFICA nON
I verify that the statements made in this Pleading are true and correct. 1 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: sl} d-I 0-5
~
. ~
~D.D IS
v.
NO. 2723 CIVIL 1994
'. .
JOHN D. DAVIS, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
MARY S. DAVIS, CIVIL ACTION - LAW
Defendant/Petitioner : IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr" Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for
the Plaintiffi'Respondent, John D. Davis, hereby certify that I have served a copy of the foregoing
Answer to Petition for Special Relief on the following on the date and in the manner indicated
below:
VIA V.S MAIL. FIRST CLASS. PRE-PAID
Keith O. Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055
JAMES, SMITH, DlETTERlCK
& CONNELLY, LLP
Dated: ill d-I oS
By:
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A e I.D #15615
P.O. Box 650
Hershey, P A 17033-0650
(717) 533-3280
Attorneys for Plaintiffi'Respondent,
John D. Davis
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JOHN D. DAVIS
Plaintiff (Respondent)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO: 2723 CIVIL 1994
CIVIL ACTION - LAW
MARY S. DAVIS
Defendant (Petitioner'
IN DIVORCE
PETITIONLLS REPLY TO NEW MATTER
Petitioner Mary S. Davis, by her attorneys, Snelbaker & Brenneman, P. C., submits this
Reply to New Matter as follows:
17. Denied. Paragraph 17 of Respondent's New Matter contains unwarranted
onclusions of law to which no response is required by this party; therefore, same are deemed to
e denied. To the extent a response is required, it is denied that a statute oflimitations bars
etitioner's claims, in whole or in part, or that the subject contract has no validity.
WHEREFORE, Petitioner requests that judgment be entered against Respondent John D.
avis in accordance with the demands for relief set forth in the Petition For Special Relief.
SNELBAKER & BRENNEMAN, P. C.
ate: May 20, 2005
BY: f/1U11/L-,
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
LAW OFFICES
SNELBAKER &
BRENNEMAN, P,C.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P .C.
VERIFICATION
I verify that the statements made in the foregoing Reply to New Matter are true and
orrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
ection 4904 relating to unsworn falsification to authorities.
ate: c;jJO/UJ:
~w j,&0v
Mary S. Davi~J'
t
CERTIFICATE OF SERVICE
1, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Reply to New Matter to be served upon the
person and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREP AID. ADDRESSED AS FOLLOWS:
John J. Connelly, Jr., Esquire
James Smith Dietterick & Connelly, LLP
P. O. Box 650
Hershey, PA 17033
SNELBAKER & BRENNEMAN, P.C.
vf~~
By:
Keith 0, Brenneman, Esquire
44 W. Main Stre<t
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
Date: May 31, 2005
LAW OFFICES
SNELBAKER &
3RENNEMAN, P.C.
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JOHN D. DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 94-2723 CIVIL
MARY S. DAVIS,
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this
Ir
day of July, 2005, hearing on the above captioned matter is
set for Wednesday, August 31, 2005, at 2:30 p.m. in Courtroom Number 4, Cumberland County
Courthouse, Carlisle, P A.
Briefs on the statute oflimitations issue are due one (1) week prior to the time set for
hearing.
BY THE COURT,
~hn Connelly, Jr., Esquire
For the Plaintiff
&J
A. Hess, J.
~ith O. Brenneman, Esquire
For the Defendant
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JOHN D. DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 94-2723 CIVIL
MARY S, DAVIS,
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this
.z. S ~ day of July, 2005, hearing on the above captioned matter
set for August 31, 2005, is continued to Wednesday, October 12, 2005 at 9:30 a.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle, PA.
Briefs on the statute of limitations issue are due one (1) week prior to the time set for
hearing.
BY THE COURT,
/lJ
yl'Ohn Connelly, Jr" Esquire
For the Plaintiff
/
~th O. Brenneman, Esquire
For the Defendant
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JOHN D. DAVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 94-2723 CIVIL
MARY S. DAVIS,
Defendant
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this
I Z ~
day of October, 2005, at the request of counsel for the
parties, hearing on the above captioned matter set for October 12, 2005 at 9:30 a.m. is continued
generally.
BY THE COURT,
:rJm
, A4-
~hn Connelly, Jr., Esquire
For the Plaintiff
~ith O. Brenneman, Esquire
For the Defendant
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LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
JOHN D. DAVIS,
Plaintiff (Respondent)
v.
MARY S. DAVIS,
Defendant (Petitioner)
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2723 CIVIL 1994
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
Please withdraw, discontinue and end the Petition For Special Relief filed by Petitioner
Mary S. Davis in the above-captioned action on April 12, 2005.
Date: October 20, 2005
SNELBAKER & BRENNEMAN, P. C.
I~
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
aused a true and correct copy of the foregoing Praecipe to be served upon the person and in the
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
John J. Connelly, Jr., Esquire
James Smith Dietterick & Connelly, LLP
P. O. Box 650
Hershey,PA 17033
SNELBAKER & BRENNEMAN, P.C.
I~
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Petitioner Mary S. Davis
ate:
October 20, 2005
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
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