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HomeMy WebLinkAbout94-02874 of Rcspondcnt to rcinslatc thc lIutomlllic drllfl of thc IIccount is IIllllchcd liS Exhlhlt "E", IInd incolllllmtcd hcrchy by rcfcrcncc. I O. I~cspondent WIIS in direct violation of the Court's Ordcr which required the rcinstlltcmcnt of thc lIulOlnlltic IImft on or hcforc Dcccmber 24, t996. II. This issuc WIIS cvcnlUlllly rcsolved dircctly through counsel bUI only after Pctitioncr hlld 10 oncc IIgain cxpcnd allomcy fecs to gain complillncc by Respondent for the very issuc Respondcnt WIIS in Court for only II short limc beforc, 12. Now, on or about July 14, 1997, withoul any prior waming, Petitloncr again reccivcd word that lhc samc mortgagc obligation Rcspondcnt was directcd to pay by thc Court after a conlempt hearing is in dcfault. A copy of the Icller dated July 14, 1997 from Neil J. Brennan at fulton Bank is markcd as Exhibit "f", all ached hcrcto IInd incorporated by reference hercin, 13. Upon reccipt of nOlice, Pctitioncr's counsel forwarded a leller to Respondent's counsel rcqucsting Rcspondcnt to immcdiately forward payment. 14. On 01' IIboul July 23, 1997. Petitioner reccived a Notice of Intention to foreclose Mortgage. A copy of thc Noticc dated July 23, 1997 is marked as Exhibit "0", all ached hereto and lncorpornted hy rcfcrcnce hcrein. 3 15. I~espondent's f1l1grllnt disregllrd for this Court's Order is compounded hy the fllcl thlll iI WIIS I~espondenl himself who requested the direcl pllymenl 10 the financilll inslilUlion heclluse he WIIS "uncerlllin" thllt Pelitioner would mllke Ihese p"yments tOlhe flnanciallnstilulion IInd smnehow jeopllnti1.e his credit. 16. Addltionlllly. Pelitioner hils IIlso suffered II flnllncllllloss of IIppmxlmalely $t450 arising fmm the ms inlerception of her 1995 tax retum 10 PIlY a 199.~ tax liability for which Hespondenl WIIS 10 indemnify and hold Pelltioner hannless, 17. In summary, due 10 Respondenl nol paying the alimony in the fom! of the mOrlgage for 312 Sevenlh Streel. New Cumherlllnd since April 1997 the mOrlgage is dellnquel1l in Ihe sum of $3000 IInd Pelitioner hilS losl $1450 in her Federal tax refund due to Its illlercepllonto slltisfy I~espondent's deht. 1R. Since the inception of this ease, Hespondenl has demonstraled that he will dissipllte assels and disrcgllrd Ihis COOrl'S Orders. As early as May 27, 1994, Petitioner was forced hy Hespondelll's aClioos 10 file a Petilion 10 Prevent Ihe Dissipation of Marital AsselS. Hes(1ondenl willfully disregarded this COUrl's Order shortly afler Ihe first contempt hearing which was suhsequently resolved through Pelilioner's counsel's cffurts. Now, Hespondent has again willfully failed 10 make the necessary payments demonstrllles thaI Hespondent has no intention of complying wilh Ihis Court's order. 4 .,' PROPERTY SETTLEMENT AGREEMENT THIS AGREEHENT, made this Uday of ~~ _1995, by and between Elmer J. Slaseman, hereinafter referred to as "HUSBAND", and Nancy II. Slaseman, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without; limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; al)d (3) the settling of all matters between them relating to arly and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW, 7WEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by ....4J....".., _ each of the partios hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1, ADVICE OF COUNSEL IIUSUAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their solocUon. WIFE has been independently represented by Barbara Sumple-Sulllvan, Esquire. HUSBAND has been independently reprollentlld by John J. Connelly, Jr., Esquire. The parties are oKoculing lhls agreement freely and voluntarily, having obtained Buch knowledgo and disclosure of lheir legal rights and obligations and that they acknowledge that this agreement is fair and equitable Ilnd Is nol the result of any fraud, coercion, duress, undue Influonce or collusion. 2, PERSONAL RIGHTS IIllSBANlJ and WIFE may and shall, ~at all times hereafter, live sopara lo and apart. Each shall be free from all control, roslraint, interference or authority, direct or indirect, by the olher in all respects as is she or he were unmarried, eKcept as may be nocessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be 2 taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3 . DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of e:very kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and responsible for any and all marital debts and will indemnify and hold WIFE harmless from the same. 1'his specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5406-2340-1010-6464; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 the parties or the parties' business known as Refrigeration Specialist, Inc. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns, HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts. HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or 4 intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND, Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that HUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the costs of transportation of the furniture to Pennsylvania. Once the set arrives, any additional shipping charges shall be shared equally by the parties. Any additional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own the following properties: a, 312 Seventh Street, New Cumberland, PA 17070; b, 120 Fourth Street, New Cumberland, PA 170701 c. 203 Market Street, New Cumberland, PA 17070; 5 d. 4 Hummell Avenue/ Lemoyne, PA 17043/ and e. 518 Second street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh Street, New Cumberland, PA 17070; and c. 203 Market Street, New Cumberland, PA 17070. HUSBAND warran ts tha t all mortgages, taxes, insurance and utility charges have been paid on those properties designated as a and b above and after prorations same are current through August 1/ 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the September mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND/S first payment of alimony as required by this Agreement. WIFE shall be responsible for paying the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simultaneously with this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward/ WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties, WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations, In the event that any mortgage or lien appears against 120 Fourth Street because of the debt to Fulton Bank on 203 Market Street, WIFE agrees to provide substitute collateral sufficient to release 120 Fourth Street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to HUSBAND: a. 120 Fourth street, New Cumberland Fu,th.,_ WIFE quitei,im' .n, .quit,b1. int.,.,t ,h. m~~: 'JD3 E. c:- in HUSBAND'S equity of the~Lowther Street property. , I Simultaneously with execution of the Agreement, WIFE shall deli ver her executed deed, to HUS,BAND. The mortgage on the 120 Fourth street property is in joint names. From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utilities on said property. HUSBAND agrees to indemnify and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 days after notice from the other of the existence of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obligation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sole property of the person holding the title. If the property is not refinanced or sold within six (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaulting spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure. In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her interest in the property to the non-defaulting spouse. If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, thlo payment of the mortgage I taxes" insurance, uti li ties and counsel fees. In addi tion each party will arrange to have the other party notified directly by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 518 Second Street, New Cumberland, which sale generated a net proceeds of Sixty Thousand Forty-Seven 74/100 DOLLARS ($60,047.74). This represents the net profit realized on the HUD Settlement Sheet B together with a rental of Four Hundred Fifteen DOLLARS ($415,00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for. payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain, If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation. After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with each party receiving one-half (1/2) of said proceeds. Additionally, from HUSBAND's share, he shall pay to WIFE the sum of $10,000.00. Prior to distribution, the following charges and credits have been assessed against the respective shares. (a) From HUSBAND'S Share: 1, Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($876.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 costs of the dining room suit located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 518 Second street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Hasland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 38/100 reimbursement of lienable transferred to WIFE. DOLLARS ($55.38) for charges on property 5. Debit of ($2/500.00) 15 hereof. Two Thousand Five Hundred DOLLARS for cash payment pursuant to paragraph 6, Debit, of Ten Thousand DOLLARS ($10/000.00) pursuant to paragraph 6 of this agreement, In summary, HUSBAND shall receive a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) From WIFE'S Share: 1 . A credit of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2, A credit of Ten Thousand DOLLARS ($10,000.00) which I represents acceptance of IJayment due pursuant to paragraph 6 of this agreement. 3, A credit of Eight Ilundred Seventy-six 76/100 DOLLARS ($876.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 38/100 DOLLARS ($55.38) for payment of other lienable charges. 5. A debit of 'I'wo Hundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room sui t located in South Carolina, In summary/ WIFE shall receive a check in the amount of Thirty-four Thousand Eight Hundred Seventy-two 74/100 DOI,LARS 10 same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. ALIMONY. SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing September 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from HUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh Street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in ~71(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1964 and Tax Reform Act of 1966, and any future laws or regulations related thereto. Payments from HUSBAND, when received by WIFE, shall be deductib~e in the year of payment by HUSBAND pursuant to ~215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to ~71 (b)(l )(A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 However, WIFE shall be enti tled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, HUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. CASH PAYMENT. Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSEOUENT DIVORCE A decree in divorce, entered' by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a 1 5 Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2874 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1960, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in SUGh order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other wri tings as may be necessary or desirable for the proper effectuation of this Agreement. 16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabili ties of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights' of a surviving spouse to participate in a deceased spouse's'estate, whether arising under the laws of (al Pennsylvania, (b) any State, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 17 whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property' Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18 " , Fulton Bank People dedicated to I'our slIccess . PO 80\ '.88' . l~NC~STER PA ! "60.. 17171 291-2685 July 23, 1997 Elmer J, Slaseman Nancy H, Slaseman 312 7th Street New Cumberland, PA 17070 REI Commercial Loan Account H2204462440-1 TO I ELMER J, SLASEMAN AND NANCY H, SLASEMAN NOTICE OF INTENTION TO FORECLOSE MORTGIIGE The MORTGAGE held by Fulton Bank, (hereinafter we, us or ours) on your property located at 312 7th Street, New Cumberland, Pennsylvania, IS IN SERIOUS DEFAULT ~ecause 'IOU hsve not made Three (3) monthlv cavments of crincical and interest !n the amount of $600,00 each, due for the months of Acril, Mav, and June 1997; which total $1.800.00. The total amount now required to cure this default, or in other words, get caught up wi th your payments, as of the date of this letter is $1,800.00, You mav cure this default within THIRTY 1301 DAYS, of the date of this letter. bv cavinq to us the above amount of $1. 800 ,00.,' clus the additional monthlv ca~ent of $600,00 due Julv 10. 1997, clus a late charqe of $6,00 , if this cavment is not made by July 25, 1997. Such payment must be made either by cash, cashier's check, certified check or money order and made at the Loan Reyiew Department at Fulton Bank 29 East King Street, Lancaster, Pennsylvania. If you do not cure the default within THIRTY 1301 DAYS, we intend to exercise our riqht to accelerate the monaaqe cavments. This meana that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments, If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attornevs to start a lawsuit to foreclose your mortqaqed ~ro~ertv, If the mortqaqe is foreclosed. your mortqaqed crocerty will be sold bv the Sheriff to cay off the mortqaqe debt, If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still haye to pay the reasonable attorney's fees, actually incurred, up to $50,00, However, if legal proceedings are started against you, you will have to pay the reaeonable attorney's fees eyen if they are over $50,00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If you cure the default within the thirty dav ceriod, vou will not be required to cay attorney's fees, We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, such auit against you cersonally may also result in your mortgage being foreclosed and your mortgaged property being sold at sheriff's sale, If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you haye the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure, If you have not cured the defmd.t within the thirty day period and foreclosure proceedings have begun, you aU lJ h'l'Ie the riqht to cure the default and crevent the sale at any time Un to one hour before the Sheriff's foreclosure sale, You may do so by cayi!!9.1!J~_ tot~~~!S)\ll!L9f the uncaid monthly pavments plus anY late .,' . '., PROPERTY SETTLEMENT AGREEMENT THIS AGREEHENT, made this d day of ~~ _1995, by and between Elmer J. Slaseman, hereinafter referred to as "HUSBAND", and Nancy H. Slaseman, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without> limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; al)d (3) the settling of all matters between them relating to ariy and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by , . each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara sumple-Sullivan, Esquire. HUSDAND has been independently represented by John J. Connell y, Jr., Esquire. The parties are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, 'at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be 2 " taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of e:very kind incurred by them, including those for necessities. Addi tionally, HUSBAND shall be solely liable and respons ible for any and all marital debts and will indemnify and hold WIFE harmless from the same. This specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5406-2340-1010-6464; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 the parties or the parties' business known as Refrigeration Specialist, Inc. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns. HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts. HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatemenb or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever si tuated whether real, personal or mixed, tangible or 4 .' intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that HUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the costs of transportation of the furniture to Pennsylvania. Once the set arrives, any additional shipping charges shall be shared equally by the parties. Any additional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own the following properties: a. 312 Seventh Street, New Cumberland, PA 17070; b. 120 Fourth Street, New Cumberland, PA 17070, c. 203 Market Street, New Cumberland, PA 17070; 5 d. 4 Hummell Avenue, Lemoyne, PA 17043/ and e. 518 Second Street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh street, New Cumberland, PA 17070/ and c. 203 Market Street, New Cumberland, PA 17070. HUSBAND warrants tha t all mortgages, taxes, insurance and utility charges have been paid on those properties designated as a and b above and after prorations same are current through August 1, 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the September mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND'S first payment of alimony as required by this Agreement. WIFE shall be responsible for paying the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simultaneously with this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward, WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties. WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations. In the event that any mortgage or lien appears against 120 Fourth street because of the debt to Fulton Bank on 203 Market Street, WIFE agrees to provide substitute collateral sufficient to release 120 Fourth Street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to HUSBAND: a. 120 Fourth Street, New Cumberland F"th." WIFE .,'t"a'" ao, ..,'t,h1. 'ot.,.,t 'h. .~~~: 'Jo3 E, c::- in HUSBAND'S equity of the~Lowther street property. , J Simultaneously with execution of the Agreement, WIFE shall deliver her executed deed, to HUS~AND. The mortgage on the 120 . Fourth Street property is in joint names. From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utilities on said property. HUSBAND agrees to indemnify and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 days after notice from the other of the existence of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obligation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sole property of the p~rson holding the title. If the property is not refinanced or sold within six (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaulting spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure. In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her interest in the property to the non-defaulting spouse. If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, the payment of the mortgage, taxes" insurance I utili ties and counsel fees. In addi tion each party will arrange to have the other party notified directly by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 516 Second Street, New Cumberland, which sale generated a net proceeds of Sixty Thousand Forty-Seven 74/100 DOLLAHS ($60,047.74), This represents the net profit realized on the IIUD Settlement Sheet B together with a rental of Four Hundred Fifteen DOLLARS ($415.00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain. If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation, After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with each party receiving one-half (1/2) of said proceeds. Additionally, from HUSBAND's share, he shall pay to WIFE the sum of $10,000.00. Prior to distribution, the following charges and credits have been assessed against the respective shares. (a) From HUSBAND'S Share: 1 . Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($676.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 .,-.; costs of the dining room suit located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 518 Second Street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Masland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 36/100 reimbursement of lienable transferred to WIFE. DOLLARS ($55.36) for charges on property 5. Debit of ($2,500.00) 15 hereof. Two 'l'housand Five Hundred DOLLARS for cash payment pursuant to paragraph 6. Debi t, of Ten Thousand DOLLARS ($10,000.00) pursuant to paragraph 6 of this agreement. In summary, HUSBAND shall recei ve a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) From WIFE'S Share: 1 . A credi t of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2. A credit of Ten Thousand DOLLARS ($10,000.00) which I represents acceptance. of payment due pursuant to paragraph 6 of this agreement. 3. A credit of Eight Hundred Seventy-six 76/100 DOLLARS ($676.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 36/100 DOLLARS ($55.36) for payment of other lienable charges. 5. A debit of Two Hundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room suit located in South Carolina. In summary, WIFE shall receive a check in the amount of Thirty-four Thousand Eight Hundred Seventy-two 74/100 DOLLARS 10 same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. ALIMONY, SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing September 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from HUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh Street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in ~71(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1966, and any future laws or regulations related thereto, Payments from HUSBAND, when received by WIFE, shall be deductib~e in the year of payment by HUSBAND pursuant to ~215 of the Internal Revenue Code, as amended, or any similar future laws or l'egulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to ~71(b)(1 )(A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 However, WIFE shall be enti tled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, HUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. CASH PAYMENT, Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSE~UENT DIVORCE A decree in divorce, entered' by a court of competent jurisdiction to ei ther party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a 15 " Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2874 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all wri Uen instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabili ties of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rigDts~ of a surviving spouse to participate in a deceased spouse's' estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United states, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 17 ,. , whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph, Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property'Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18 20. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the henefit of the parties hereto, their respecti ve heirs, executors, administrators, successors or assigns. 21. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 19 ~6~S',-5b.-.5687-. q.4S CP; 3q S , - . ':1 ~ Departl11ent of the TreaslHY - ~ Intlrnal Revenue Servlco PHILADELPHIA. PA lq255 Onl. ofth,a 1101'c. 1l0V 16, 1 qq. TJXpnyer Il1del1lilY"19 NUlI1ber 172- 32 - 0 7 02 Form 1040 Tn. Pellod DEC, 31. 19q3 1"1,1"1,,,1.1,11,,1111,11111,,,,1,1,1,1,.,,1,111,111",,1111,1 ELMER J 8 NANCY HOLLY SLASEMAIl 312 SEVENTH ST NEW CUMBERLAND PA 17070-1q23127 For ~U'6t~I1Ce YOllll1ny c~1I us ~t l-BOO-82q-B81S WE APPLIED AN OVERPAYMENT TO YOUR BALANCE DUE WE HAVE APPLIED ALL OR PART OF All OVERPAYMENT FROM OTHER FEDERAL TAXES UNDER SOCIAL SECURITY NUMBER 204-34-q~02 TO THE AMOUNT YDU OWE FOR THE FORM AND TAX PERIOD IDENTIFIED ABOVE, UNDER FEDERAL LAW. ALL TAXPAYERS WHO FILE JOINT RETURNS ARE RESPONSIBLE FOR PAYIIlG THE TAX DUE 011 THEIR ORIGINAL TAX RETURNS AND FOR ANY LATER TAX INCREASES ON THOSE RETURNS, UNTIL YUU PAY THE BALANCE IN FULL. WE WILL CONTINUE TO CHARGE INTEREST. THUS INCREASING THE TOTAL AMOUNT YOU OWE, .f ,N WE HAVE LISTED BELOW THE AMOUrn YOU STILL OWE, C'" n I. If'nh,J-4( 1jD \q~~ f(\U la~ f1Wt'''''dVERP~VMErn AMOUrn APPLIED."", $496,00 \ AMOUNT YOU STILL OWE"".....,., $7,26~,68 l.illlo.A- IF YOU STILL OWE AN AMOUNT. PLEASE SEND IT WITHltl TEll DAYS, IF YOU PAY THE I' AMOUNT SHOWII ABOVE BY NOV, 28, lqq6 YOU WILL AVOID ADDITIONAL INTEREST CHARGES. IF YOU MADE A PAYMENT WITHIN THE LAST FOUR WEEKS THAT IS NOT SHOWN ABOVE, SUBTRACT THE AMOUNT OF THE PAYMEIIT YOU MADE FROM $7,26~,68, IF THIS RESULTS IN A BALANCE DUE. PLEASE PAY IT. NO FURTHER ACTION IS REOUIRED OF YOU IF YOU ~AID THE ENTIRE AMOUNT DUE, IF YOU MADE A PAYMErn MORE THAtI FOUR WEEKS AGO THAT IS NOT 5HOWII ABOVE. SEND A COPY OF YOUR CANCELED CHECK (BOTH SIDES). MONEY ORDER STUB, OR CASHIER'S RECEIPT, ALONG WITH THE STUB AT THE END OF THIS NOTICE, SUBTRACT THE AMOUNT OF THE PAYMENT YOU MADE FROM $7.262,B6, IF THIS RESULTS IN A BALAIICE DUE. PLEASE PAY IT, PLEASE WRITE YOUR SOCIAL SECURITY NUMBER 011 YOUR CHECK OR MONEV ORDER AND MAKE IT PAVABLE TO THE IIlTERtlAL ReVENUE SERVICE. COMPLETE THE STUB AT THE tllU ot THIS NOTICE AND SEND IT WITH YOUR PAYMEIIT IN THE ENCLOSED ENVELOPE. IF YOU BELIEVE OUR RECORDS ARE NOT CORRECT, WE OWE YOU A REFUND, OR YOU NEED MORE INFORMATION, CALL THE TELEPHONE NUMBERISl LISTED ABOVE. IF YOU PREFER. YOU MAY WRITE TO THE ADDRESS LISTED ABOVE, THANK YOU FOR YOUR COOPERATION. PAGE 1 A001~85 28254-566-65887-6 9721 CP, 39 S ~ Department of the Treasury ~BJ Internal Revenue Service PHILADElPHIA. PA 19255 1"1.1,,1,.,1,1,11,,1111,11111,.,.1,1,1,1,.,,1.111,111,,..1111,1 Dale 01 th,s 110tlce JUNE 2, 1997 Ta~pay~r !ndentlly:ng Number 172 -32-0702 Form 1040 Tax Period DEC, 31. 19'13 For anlllence ycu may call us at: ELMER J 8 NANCY HOLLY SLASEMAN 312 SEVENTH 5T NEW CUMBERLAND PA 17070-1923127 1-800-829-8815 ---... WE APPLIED AN OVERPAVMENT TO YOUR BALANCE DUE WE HAVE APPLIED ALL OR PART OF AN OVERPAVMENT FROM OTHER FEDERAL TAXES UNDER SOCIAL SECURITY NUMBER 204-34-9202 TO THE AMOUNT YOU OWE FOR THE FORM AND TAX PERIOD IDENTIFIED ABOVE, UNDER FEDERAL LAW, ALL TAXPAYERS WHO FILE JOINT RETURNS ARE RESPONSIBLE FOR PAVING THE TAX DUE ON THEIR ORIGINAL TAX RETURNS AND FOR ANY LATER TAX INCREASES ON THOSE RETURNS, UNTIL YOU PAY THE BALANCE IN FULL. WE WILL CONTINUE TO CHARGE X INTEREST. THUS INCREASING THE TOTAL AMOUIlT YOU OWE, .(J WE HAV"'-LISTED BELOW THE AMOUNT YOU STIll OWE, ~~"j\'1~~lUd,,""'~""1"f..L~VERPAYMEllT AMOUrlT APPLIED"",. $1.455,00 ~ AMOUNT YOU STILL OWE"..."",., $6,107.97 0\ IF YOU STILL OWE AN AMOUNT. PLEASE SEND IT WITHIN TEN DAYS, IF YOU PAY THE ,~ AMOUNT SHOWN ABOVE BY JUNE 12, 1997 YOU WILL AVOID ADDITIONAL ItlTEREST CHARGES, IF YOU MADE A PAYMENT WITHIN THE LAST FOUR WEEKS THAT IS NOT SHOWN ABOVE. SUBTRACT THE AMOUNT OF THE PAYMENT YOU MADE FROM $6,107,97, IF THIS RESULTS IN A BALANCE DUE. PLEASE PAY IT, NO FURTHER ACTION IS REQUIRED OF YOU IF YOU 'AID THE ENTIRE AMOUNT DUE, IF YOU MAOE A PAYMENT MORE THAN FOUR WEEKS AGO THAT 15 NOT SHOWN ABOVE. SEND A COPY OF YOUR CANCELED CHECK IBOTH SIDES). MONEY ORDER STUB, OR CASHIER'S RECEIPT. ALONG WITH THE STUB AT THE END OF THIS NOTICE, SUBTRACT THE AMOUNT OF THE PAVMENT VDU MADE FROM $6,107,97, IF THIS RESULTS IN A BAL~NCE DUE, PLEASE PAY IT, PLEASE WRITE YOUR SOCIAL SECURITY NUMBER ON YOUR CHECK OR MONEY ORDER AND MAKE IT PAVABLE ro THE INTERNAL REVENUE SERVICE, COMPLETE THE STUB AT THE END OF THIS NOTICE AND SEND IT WITH YOUR PAYMENT IN THE ENCLOSED ENVELOPE, IF YOU BELIEVE OUR RECORDS ARE NOT CORRECT. WE OWE YOU A REFUND, OR YOU NEED MORE INFORMATION, CALL THE TELEPHONE NUMBERIS) LISTED ABOVE, IF YOU PREFER. YOU MAV WRITE TO THE ADDRESS LISTED ABOVE, THANK YOU FOR YOUR COOPERATION, PAGE .. FWton Bank People dedicated to your sllccess. . P l) BO\ :.iJ8' . t. .Ihi'\:; it R 1'.1 I" '. (717) 291-26B5 July 23, 1997 Elmer J, Slaseman Nancy H, Slaseman 312 7th Street New Cumberland, PA 17070 REI ~ommercial Loan Account H2204462440-1 TO, ELMER J. SLASEMAN AND NANCY H, SLASEMAN NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Fulton Bank, (hereinafter we, us or ours) on your property located at 312 7th Street, New Cumberland, Pennsylvania, IS IN SERIOUS DEFAULT because vou have not made Three (31 monthlv paYments of principal and interest in the amount of $600,00 each, due for the months of April, Mav, and June 1997: which total $l,BOO.OO, The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $1, BOO ,00, You mav cure this default within THIRTY 1301 DAYS, of the date of this letter, bv pavinQ to us the above amount of $1. BOO, 00., . plus the additional monthlv paYment of $600,00 due Julv 10 , 1997, plus a late charQe of $6,00 , if thl,s paYment is not made bv Julv 25, 1997, Such payment must be made either by cash, cashier's check, certified check or money order and made at the Loan Review Department at Fulton Bank, 29 East King Street, Lancaster, Pennsylvania, If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our riQht to accelerate the mortQaQe paYments, This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments, If full payment of the amount of default is not made within THIRTY (30) DAYS, we alBo intend to instruct our attornevs to start a lawsuit to foreclose your mortQaQed property, If the mortQaQe is foreclosed. your mortQaQed property will be sold bv the Sheriff to pay off the mortQaQe debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings againBt you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50,00, However, if legal proceedings are started against you, you will have to pay the reasonable attorneY'B fees even if they are over $50,00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs, If you cure the default within the thirty dav period. vou will not be required to pav attornev's fees, We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, such suit against you personallv may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriff's sale, If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure, If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the riQht to cure the default and prevent the sale at any time up to one hour before the Sheriff's forecloaure sale, You mav do so bv pavinq the total amount of the unpaid monthly payments plus anv late , . BARBARA SUMPLE-SULLIVAN. ESQUIRE 549 Bridge Street New Cumberland PA 17070 January 15. 1997 Invoice #13405 Ms. Nancy Slaseman 312 Seventh Street New cumberland PA 17070 Barbara sumple-Sullivan, Esquire Barbara Hours 0.10 0.10 0.20 0.10 0.10 0.10 0.30 0.10 , ' 0.10 0.10 Amount 1.30 . '$104.00 12/20/96-Call to Gift -Review of gift 12/27/96-Call to client and Attorney Connelly; letter to client; file review 01/02/97-Call to client; letter to client 01/07/97-Call to client; conversation with Atty. Connelly 01/06/97-Conversation with client 01/09/97-Draft Petition for Contempt 01/10/97-Fax to Attorney Connelly 01/13/97-Call to Attorney Connelly 01/15/97-Conversation with Jim Tatnall; call to client . For professional services rendered Additional charges: E:<oenses 01/15/97-Postage -Fax Fee -Photocopies Total costs 0.96 5.00 0.72 $6.66 .....- ~ ; ~ C) \.. .1 - I"~ .. i.~ U-l~ -" }_..f . O' )-.-:.' p:~ ~. .' t , ",.! ., C"'J ,/) ,{ , ' .~ ! ~.J ~. - I . ,-- ,-;,,1 1',.- c__: i '0.- , ~, , 1'- , ., :,/ u I. U .' , . , . ;'~f;V/ . .. I'l III .. Z ~ ~ ~ ::lai ~ ~ E ~ . ~ 3 ffi ~ ill ~ II; <~~ O:"j m ffi ~ ~ ~ ; . . . . <;.: ...' ~~ -9 ... "'0'- - ~ ~ " " Fll.rD 0"11Cf; (0,,'" ..,. '," ".,0,' " '~,! 11" . . ,I,' -.. c- . ~. l j}.. ~..' I r (';' flrr I" "), d I,; Iii nl, f~LI." ".<.. \ ,I;' I'~,J\:\,\: ~'I L\~ 'J J ...; " <-",.,.,,_""....L_."".,.-..., r . " . , ,I f' ," . ,,- --- PROPERTY SETTLEMENT AGREEMENT THIS AGREENEN'I', made this.d. day of ~~( _1995, by and between Elmer J. Slaseman, hereinafter referred to as "HUSBAND", and Nancy H. Slaseman, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or' maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing reci tals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknOWledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by John J. Connelly, Jr., Esquire. The parties are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this a~reement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employmont which to him or her may seem advisable. This provision shall not bo 2 taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, , and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and responsible for any and all marital debts and will indemnify and hold WIFE harmless from the same. This specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5408-2340-1010-6464; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 the parties or the parties' business known as Refrigeration specialist, Inc. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns. HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts. HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INV~NTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or 4 intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that HUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the costs of transportation of the , furniture to Pennsylvania. Once the set arrives, any additional shipping charges shall be shared equall y by the parties. Any addi tional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own the following properties: a. 312 Seventh Street, New Cumberland, PA 170701 b. 120 Fourth Street, New Cumberland, PA 170701 c. 203 Market Street, New Cumberland, PA 17070; 5 d. 4 Hummell Avenue, Lemoyne, PA 17043; and e. 518 Second Street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh Street, New Cumberland, PA 17070; and c. 203 Market street, New Cumberland, PA 17070. HUSBAND warrants that all mortgages, taxes, insurance and utility charges have been paid on those properties designated as a , and b above and after prorations same are current through August 1, 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the September mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND'S first payment of alimony as required by this Agreement. WIFE shall be responsible for paying the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simultaneously with this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward, WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties. WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations. In the event that any mortgage or lien appears against 120 Fourth Street because of the debt to Fulton Bank on 203 Market Street, WIFE agrees to provide substitute collateral sufficient to release 120 Fourth Street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to HUSBAND: a. 120 Fourth Street, New Cumberland Further, WIFE quitclaims any equitable interest she m7lY ve ~1E ~C in HUSBAND'S equity of the~Lowther Street property. if. , , Simultaneously with execution of the Agreement, WIFE shall deliver her executed deed, to HUSBAND. The mortgage on the 120 Fourth Street property is in joint names. From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utilities on said property. HUSBAND agrees to indemnify and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 days after notice from the other of the existence of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obligation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sole property of the person holding the title. If the property is not refinanced or sold within six (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaulting spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure. In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her interest in the property to the n?n-defaulting spouse. If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, the payment of the mortgage, taxes, insurance, utili ties and counsel fees. In addi tion each party will arrange to have the other party notified directly by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 516 Second street, New Cumberland, which sale generated a net proceeds of Sixty Thousand Forty-Seven 74/100 DOLLARS ($60,047.74). This represents the net profit realized on the BUD Settlement Sheet 6 together with a rental of Four Hundred Fifteen DOLLARS ($415.00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain. If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation. , After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with each party receiving one-half (1/2) of said proceeds. Additionally, from HUSBAND's share, he shall pay to WIFE the sum of $10,000.00. Prior to distribution, the following charges and credits have been assessed against the respective shares. (a) From HUSBAND'S Share: 1. Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($676.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 costs of the dining room suit located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 518 Second street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Masland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 38/100 reimbursement of lienable transferred to WIFE. DOLLARS ($55.36) for charges on property s. Debi t of ($2,500.00) 15 hereof. Two Thousand Five Hundred DOLLARS for cash payment pursuant to paragraph 6. Debit, of Ten Thousand DOLLARS ($10,000.00) pursuant to paragraph 6 of this agreement. In summary, HUSBAND shall receive a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) From WIFE'S Share: 1 . A credi t of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2. A credit of Ten Thousand DOLLARS ($10,000.00) which represents acceptance of payment due pursuant to paragraph 6 of this agreement. 3. A credit of Eight Hundred Seventy-six 76/100 DOLLARS ($876.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 38/100 DOLLARS ($55.36) for payment of other lienable charges. S. A debit of Two Hundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room sui t located in South Carolina. In summary, WIFE shall receive a check in the amount of Thirty-four Thousand Eight Ilundred Seventy-two 74/100 DOLLARS 10 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names. HUSBAND shall have ownership of the Toys 'R Us Stock. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. BUSINESS HUSBAND shall have full title and ownership of the business, Refrigeration Specialist, Inc. This shall include but not be limited to all stock shares, inventory, vehicles and equipment. Said vehicles to include a 1963 Ford Van and an International Diesel Truck. HUSBAND shall take all actions to have WIFE's name removed as owner of any vehicles used and useful in the business.. Further, HUSBAND agrees to indemnify and hold WIFE harmless for any and all debts, claims, costs, expenses, (including any tax liability or fraud claims) or other liabilities which WIFE may become liable for as a result of her association with said business through ownership or through her role as an officer of the corporation. HUSBAND further agrees to be pay all of WIFE's attorneys' fees incurred in defense of any claims or suit brought against her arising from said debt or incurred to enforce this indemnification. 12 HUSBAND specifically agrees to have WIFE's name removed from the business's credit line at Fulton Bank. Until removal of her name , or refinance or repayment of the obligation, HUSBAND agrees WIFE shall be entitled to file a mortgage lien against HUSBAND's property at 120 Fourth Street, New Cumberland to secure payment for said potential indebtedness. 12. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1960. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions foi their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 13. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the 1 3 same as fully and effectively, in all respeots and for all purposes, as though he or she were unmarried. 14. ALIMONY. SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing September 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from HUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh Street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in ~71(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the 'rax Reform Act of 1964 and Tax Reform Act of 1966, and any future laws or regulations related thereto. Payments from HUSBAND, whe~ received by WIFE, shall be deductible in the year of payment by HUSBAND pursuant to ~215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to ~71(b)(1)(A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 However, WIFE shall be entitled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, HUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. ~ASH PAYMENT. Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a 1 5 Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2874 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the , other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente li te, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 17 whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 16 20. SUCCESSOR'S RIOIlTS AND LIABILITIES This Agreement shall, eKcept as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respecti ve heirs, executors, administrators, successors or assigns. 21. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 19 . ~ .:*' ......!.. "'P':IIC' ... ..' ~...:!C:~ ... 'It:' ':It:' ..' ~~_~...::.*;o>>::.*"..:... ..:..:., ~ !. ~ .. : IN THE COURT OF COMMON PLEAS : ~ OF CUMBERLAND COUNTY . 8 * ~ 8 , STATE OF PENNA. ~ "'\'. , .:t · ~ . 8 . 8 NANCY II.. SLASEMAN, ,! . Plaintiff N 0. .n..,..H:7.~,a.74................. It) 95 8 . ~ V,. I':i II:; , 8 . 8 ELMER J. SLASEMl\N, "! ii,' Defendant " 8 8 8 ~ M DECREE IN ~ ~ @ ~ , ~ D I V 0 R C E .: ~ . , AND NOW, .. .. .., .. ..~,/r.-;.. ,~ :t: ~ " 19, ?~-:-... It Is ordered and 8 i ij * decreed that,." Nam:y,.fI., Sl-aseman,""'""""".,""". plaintiff, ,. ~ and" ,ElmeI: ,J., ,Slas.erAan""""""""""""""""", defendant, ~ . are divorced from the bonds of matrimony. ; 8 ~ 8 The court retains jurisdiction of the following claims which have ~ 8 been raised of record in this action for which a final order has not yet 8 been entered; 8 8 8 .."All,mahtere,hBve.been'resQlved,purBuan~'to,~he'Property'Settle- ~ 8 ment Agreement reached by the parties dated october 1, 1995 and ~, lI,' ilic6tp-dti'lte'd 'bllt' ribt' 'nie!i:iied' 10'to' tlie' ae'cree'.'" , '" " " , '" " " , , " , 8 ~ , ~ 8 ~ , . t~- 8 I~ I~ I" lid. I' I~ ~ ,_, . . ,. ~ ,. i M .~-*~~*-~._*_.~..*~,~.~.*~.- Courll / ~ ,AAL Atle.t ~"''-'',w /' .(~ ~'>I'....r~ J, 0#-,1." /"~. P'1.7 ,;T ~ Prothonotary ~ 0:" t . ~tI . LAW omCl1 BARBARA SUMPLE.6ULLIVAN 141 1111001 ITIIIIT NEW CUMBERLAND, PENNSYLVANIA 17070,11131 'HONI 171717,..1441 'AX 17171774.7011 ." " ~ THII II TIIUI COIIIIICT CllI'V 01' TNI OIlIOINA~ >8~J PROPERTY SE'M'LBllBNT AnARRlgMT THIS AGBEBllEN'l', made this t \ 'II , day of' Ir h \ 1995, by and between Elmer J. Slaseman, hereinafter referred to as "IIUSnAND", a d Na cy II un n n . Slaseman, hereinafter referred to as "WIFE". ffITNESSBTH, That: WHEREAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW, TIIEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by John J. Connelly, Jr., Esquire. The parties are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be 2 taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and responsible for any and all marital debts and will indemnify and hold WIFE harmless from the same. This specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5408-2340-1010-6484; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 the parties or the parties' business known as Refrigeration Specialist, Inc. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns. HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts. HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or 4 intangible, and IlUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that HUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the costs of transportation of the furniture to Pennsylvania. Once the set arrives, any additional shipping charges shall be shared equally by the parties. Any additional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own the following properties: a. 312 Seventh Street, New Cumberland, PA 17070; b. 120 Fourth Street, New Cumberland, PA 17070; c. 203 Market Street, New Cumberland, PA 17070; 5 d. 4 Hummell Avenue, Lemoyne, PA 17043; and e. 518 Second Street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh Street, New Cumberland, PA 17070; and c. 203 Market Street, New Cumberland, PA 17070. HUSBAND warrants that all mortgages, taxes, insurance and utility charges have been paid on those properties designated as a and b above and after prorations same are current through August 1, 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the September mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND'S first payment of alimony as required by this Agreement. WIFE shall be responsible for paying the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simul taneousl y wi th this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward, WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties. WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations. In the event that any mortgage or lien appears against 120 Fourth street because of the debt to Fulton Bank on 203 Market street, WIFE agrees to provide substl tute collateral sufficient to release 120 Fourth street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to HUSBAND: a. 120 Fourth street, New Cumberland Further, WIFE quitclaims any equitable interest she may haYB in HUSBAND'S equity of ~h~~Lowther Street property. ~~~ Simultaneously with execution of the Agreement, WIFE shall deliver her executed deed, to HUSBAND. The mortgage on the 120 Fourth Street property is in joint names. From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utilities on said property. HUSBAND agrees to indemnify and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 days after notice from the other of the existonce of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obligation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sole property of the person holding the title. If the property is not refinanced or sold within six (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaulting spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure. In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her intp.rest in the property to the non-defaulting spouse. If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, the payment of the mortgage, taxes, insurance, utilities and counsel fees. In addition each party will arrange to have the other party notified directly by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 518 Second Street, New Cumberland, which sale generated a net proceeds of Sixty Thousand Forty-Seven 74/100 DOLLARS ($60,047.74). This represents the net profit realized on the HUD Settlement Sheet 8 together with a rental of Four Hundred Fifteen DOLLARS ($415.00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain. If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation. After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with each party receiving one-half (1/2) of said proceeds. Additionally, from HUSBAND's share, he shall pay to WIFE the sum of $10,000.00. Prior to distribution, the following charges and credits have been assessed against tho respective shares. (a) Fr~ IIUSBAND'S Share: 1. Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($876.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 costs of the dining room sui t located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 518 Second Street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Masland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 38/100 DOLLARS ($55.38) for reimbursement of lienable charges on property transferred to WIFE. 5. Debi t of ($2,500.00) 15 herecf. Two Thousand Fi ve Hundred DOLLARS for cash payment pursuant to paragraph 6. Debit, of Ten Thcusand DOLLARS ($10,000.00) pursuant to paragraph 6 of this agreement. In summary, HUSBAND shall receive a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) PrDa WIPE'S Share: 1. A credit of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2. A credit of Ten Thousand DOLLARS ($10,000.00) which represents acceptance of payment due pursuant to paragraph 6 of this agreement. 3. A credit of Eight Hundred Seventy-six 76/100 DOLLARS ($876.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 38/100 DOLLARS ($55.38) for payment of other lienable charges. 5. A debit of Two Hundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room suit located in South Carolina. In summary, WIFE shall receive a check in the amount of Thirty-four Thousand Eight Hundred Seventy-two 74/100 DOLLARS 10 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names. HUSBAND shall have ownership of the Toys 'R Us stock. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. BUSINESS HUSBAND shall have full title and ownership of the business, Refrigeration Specialist, Inc. This shall include but not be limi ted to all stock shares, inventory, vehicles and equipment. Said vehicles to include a 1983 Ford Van and an International Diesel Truck. HUSBAND shall take all actions to have WIFE's name removed as owner of any vehicles used and useful in the business. Further, HUSBAND agrees to indemnify and hold WIFE harmless for any and all debts, claims, costs, expenses, (including any tax liability or fraud claims) or other liabilities which WIFE may become liable for as a result of her association with said business through ownership or through her role as an officer of the corporation. HUSBAND further agrees to be pay all of WIFE's attorneys' fees incurred in defense of any claims or suit brought against her arising from said debt or incurred to enforce this indemnification. 12 HUSBAND specifically agrees to have WIFE's name removed from the business's credit line at Fulton Bank. Until removal of her name , or refinance or repayment of the obligation, HUSBAND agrees WIFE shall be entitled to file a mortgage lien against HUSBAND's property at 120 Fourth street, New Cumberland to secure payment for said potential indebtedness. 12. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 13. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the 13 same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. ALIMONY. SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing September 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from IlUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in ~71(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from HUSBAND, when received by WIFE, shall be deductible in the year of payment by HUSBAND pursuant to ~215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to ~71 (b) (1) (A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 However, WIFE shall be entitled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, HUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. CASH PAYMENT. Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a 15 Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2874 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorpcrated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (bl to act as executor/rix or administrator/rix of the other party's estate. 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liablli ties of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 17 whatsoever nature arising or which !Ray arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18 20. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 21. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 19 \~;~{~.J~'';'''~.~- --. -.;,-~.;------:-.~t:rr ,~~~~:TI;"-r,..,'r'''; Gel \G '3 21 r" ISS Ul : If :i;f . i:\vk iAh\ , ,)" ill \ c r~il I ... -"."'~~~."!t~~~~.-t:~::r.....~~~",,,"""""--r~-'~-' " , .. tI ~ , , " . II' . . ':\,"""::; u,.."...._.., .. r :i !: II '~ANCY H. SLASEMAN, Ii Plaint! ff vs. '~LMER J. SLASEMAN, Defendant IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94- CIVIL IN DIVORCE COMPLAINT IN DIVORCE I 1. Plaintiff is NANCY H. SLASEMAN, an adult individual i: :~ho is temporarily residing with her son at 203 Market Street, l' Irew Cumberland, Cumberland County, Pennsylvania 17070. I ii. i! 2. Defendant is ELMER J. SLASEMAN, an adult individual , residing at 120 4th street, New Cumberland, Cumberland County, ~ennsylvania 17070. ii 'I ,! 3. Both Plaintiff and Defendant have been bona fide '~esidents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this Complaint. I I .' 4. The Plaintiff and Defendant have a common law ~arriage and as such have resided together since 1978 and have openly represented themselves as Husband and Wife since 1980. "........,.~.."..'.. ~~.." .....'. '",<':-->"'3;>':"'1;;.;"-;;'". ~- c'~~ _':;' -', ~i.' ~"_ ,~o!Io't';",'- l1Ja9o"" '_.....' ~,: -~~ .. .... <. .. .." .. _..' _: _~101..;-::f""'--::-'-t CI 1 , 1:.11' . j'! 1" \ ._li;. ICl-t ,,,(\~ ,.\~,,\ t I~ (,\ .. ~i f) '!~' "'il r . .-_.;-' ..,~.'.-.''', ,._,.__.y~""" OCl /0 3 2'/ rM 19$ -""-,-~,,",,,,-,.,.;_.- . " "--';"1""-~'---"-' _,._c;o._"'-~"-~.- . , ~... , . " I I I .. ~' j - . ~ ,"'.'i!"'. t " ~~~~... , . t' " , . . NANCY H. SLASEMAN I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V8. No. 94-2874 CIVIL TERM , ! ELMER J. SLASEMAN, CIVIL ACTION - IN DIVORCE Defendant , I APPIDAVIT OP CONSENT i .1 I , I the I . 1 . A Complaint in Divorce under Section 3301(0) of i Divorce Code was filed on May 27, 1994. 2. The marriage of Plaintiff and Defendant is 1 irretrievably broken and ninety (90) days have elapsed from the . date of filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, i diVision of property, lawyer's fees or expenses if I do not claim I them before a divorce is granted. 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. CSA ," relating to unsworn falsification to authorities!._ Date: It! - / ( , (/~ / , OCT 10 3 rl rH 195 ;,j\iIIJf CF 1 d,t,~'\^,\r \.111-' fI 'H ill i'~' ; t 'j ~ ; I', . 11'!' ^-.-.---- ""'..,..,......~Jo_-',__""""-,._.,.'..,<-'" " :r--'--"'-"""""'" " , . " ; , , ... . . '. .. -. j~:_5 REFRIGERATION SPECIALIST INC 1;>0 rOIJlHIt :iTIWU NLW ClJMIlUlL^NIl, I'^ 1'/(J'IO (717) .,.,'" !jf)!io . F^X .,.,'" !infil · (BOO) 2:31 41CE NOVEMBER 1B, 19S6 \ ) CUMBERLAND HOUSE 94-2874 ) ABLE KEVIN A. HESS DEAR JUDGE HESS, A HEARING ON THE ABOVE REFERENCED CASE IS SCHEDULED ON NOVEMBER 25TH, AT 10:00 AM IN COURT ROOM NUMBER 4. AT THAT HEARING I INTEND TO REPRESENT MYSELF. I, SIMPLY DO NOT HAVE THE MONEY TO BRING IN COUNSEL FOR THIS MATTER. AT THAT HEARING, I WOULD ALSO LIKE TO BRING BEFORE THE COURT THE MATTER OF OUR 1995 TAX RETURNS AND MONIES IN ESCROW FOR THE CAPITAL GAINS TAXES RESULTING FROM THE SALE THEREOF. THIS IS OUTLINED IN PARAGRAPH 6 OF THE PROPERTY SETTLEMENT AGREEMENT WHICH IS ATTACHED TO PLAINTIFF'S PETITION. MY FEDERAL TAX RETURN WAS COMPLETED OCTOBER 15TH, AS PROMISSED. THE RETURN WAS MADE AVAILABLE FOR REVIEW AS NEEDED. AS OF TODAY'S DATE THERE HAS BEEN NO ACTION TAKEN, BY THE PLAINTIFF'S COUNSEL TO RESOLVE THIS MATTER AND RELEASE THE MONEY FROM ESCROW FOR PAYMENT TO THE I.R.S. THIS LACK OF ACTION IS COSTING US DAILY IN PENALTIES AND INTEREST. WITH REGARDS TO PARAGRAPH 2 PERSONAL RIGHTS, I WOULD ASK THE PLAINTIFF"S COUNbEL TO DISCONTINUE THE PRACTICE OF LEVELING UNFOUNDED CHARGES AGAINST MYSELF, AND MY CHARACTER THESE ACTIONS STARTED BEFORE THE DIVORCE, DURING THE DIVORCE AND STILL ARE CONTINUING. EJSjJN CCI BARBARA SUMPLE-SULLIVAN JOHN CONNELLY JR. IH'FHl(jU~^110N . I, F M^,\IH', . ',1111 ',lIiV . W^I FH III I HMION . NANCY H. SLASEMAN, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . ~/'{ . vs. . No. 94- I~ ~ CIVIL . . . ELMER J. SLASEMAN, IN DIVORCE Defondant PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS 1. Petitioner is NANCY H. SLASEMAN, an adult individual temporarily residing with her son at 203 Market Street, New Cumberland, Cumberland County, Pennsylvania 17315. 2. Respondent is ELMER J. SLASEMAN, an adult individual residing at 120 4th street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Simultaneously with filing of this Petitioner, Plaintiff has filed a Complaint in Divorce requesting economic relief, including a request for equitable distribution the parties jointly owned numerous parcels of real estate, stocks, personalty and bank accounts. 4. Petitioner has learned that Respondent is selling certain marital personalty without her consent and or otherwise transferring said property. 5. Petitioner has further learned that Respondent may be making efforts to transfer his solely owned business known as Refrigeration Specialist, Inc. from its situs in Pennsylvania to the state of Delaware. It is believed that Respondent's action is an attempt to avoid Petitioner's claim on this marital property. 6. It is further averred that the parties had previously executed a contract for sale of the marital home at 605 Evergreen Street, New Cumberland, York County, Pennsylvania. By contract, said sale is scheduled to close on May 31, 1994. A copy of said contract is attached hereto as Exhibit "A" and incorporated herein by reference. 7. The Buyers in that transaction, Jon and Diana Taylor, have requested a limited extension of time in the contract settlement date to finalize processing of their financing. A copy of correspondence from broker for buyers indicating that settlement can occur on or before June 7, 1994 is attached hereto as Exhibit "B" and incorporated herein by reference. 8. In retaliation for Petitioner's filing of a spousal support claim against Respondent, Ilespondent has indicated and threatened his intention not to grant buyers a reasonable extension of the contract settlement date of one week to finalize this transaction. 9. Petitioner believes that Respondent may desire the contract to fall through so as to reoccupy said marital home with his girlfriend, or in the alternative, to allow the property to enter into default since mortgage payments are currently in arrears. 10. The parties had prev iously, through counsel, reached an agreement to escrow the proceeds of said sale pending equitable distribution. Copies of said letters are attached . hereto as Exhibi t "e" and incorporated herein by reference. 11. Said expressed willful refusal by Respondent to reasonably extend the settlement date has created a position wherein a lucrative contract for sale of the house may become a nullity. 12. Petitioner prays that the Court order Respondent to execute a reasonable contract extension of one week to allow Buyers, Jon and Diana Taylor to finalize sale and settlement on 605 Evergreen Road, as both Petitioner and Respondent had mutually contracted for. 13. Petitioner believes that Respondent will attempt to continue to dissipate, transfer, alienate or otherwise encumber other marital property of the parties. Respondent AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE. ".....-, ThlI form recommended and approved for. bUI nal rellrlc:led 10, . : l .._ '0. '.. Use by mcmbcn of Ibe Orcaler Harrllbura A"OOlllon or IlEAL TORS. . AGENT FOR SELLER. SUB AGENT FOR SELLER AGENT FOR BUYER J G j IINr'- ()- .5c-'/.'- ",flex "1/JG.lli?,v MIt/t. ;<'-'tli. /.:-;;''IA7E /-?Jt..r. PA. LICENSED BROKER PA. LICENSED BROKER .19qJ. I PA. LICENSED BROKER ThlI AIr_I made 111iI / 'iT./' dlY ar /1 /i/ ~ (' 1/ I. PiuNcIr.w BtlWetD, fir/F...?. II,AJU AkI).}C<) .:5/ /1:: :jJiLl.d (1/ /1'1I) (raldlna II OM' ~ ,_.. . ~t'lll~"SellfJL~~I;'~~I~~::~ !/~);~.10c T;l~)~ bcrclDafIcr I:IlIed Buyer. 2. PMOPEIlTYI Seller bereby aarca 10 sdI and convey 10 Buyer, wbo bereby aarccl 10 purclluc: ALL THAT CE~T AIN LoI or piece . of aroundwl\b build! &I and 1m roverncn!;' Ibereon caed, If any. kqo,:,"n u: I . _ .-..;--, 0' ,/ '} h- II .) .... j I ... . 3. ZONINGl ZoaJoa Clwlnc:allon I. '( . . J ;-'1 "?;".; Failure ar Ibis Aareemenllo conlaln Ibe wnlna c11"lficallan exceplln calel where Ihe properly (or cacb parcellbercor, If Iubdlvidable) Is wned solely or prlmarUy 10 permltllnale.ramlly dweWnallball render Ihll Aareement voidable allhe option or Ibe Buyer and If voided dcpos1l1lCl1dcred by \be Buycr,lbaI1 be relurned 10 the BU,l'.U wlthoUI a requlreme!'l or coun acllon. <. /1<: .. TEIlMSI (I) Purclwe PrlCAl AlIA] r. 7' I ~ ,Ill ,-,~.. !,' ') "..,., I. .' ~ II) '/-t . E, ~/..r . (S C}'f- I'rC) .;/ / I' ;.' \. I ~) 10 be paid by \be Buyer u followl: '" H,5 rJ.J. t:.;.(~ (b) ='~P'~~'Ti:=,o~:~~~!.~.......O~/...I:.... s 1/ cwO II N"', I~ bt .-'ooloo or Wore .... da,ol . 19_, (c) ADOmOlfAL DI!POSIT duo 00 or btlon 'M (.d) IALANClI OF PUR~~ :~ClI" - (iJc;;1' ...... .. s5 (/ ;:;-"-cmJ 1_...u~lOOlcheck.IlldI01_Iw>dJ) ...............Oi' .... ....... ............ -' ..,,' .'" ,\~J TOTAL ............. L~(,- ( (.,.t.' (c) WriUaI_,alol5cll.flobtooorbtrore,bt ~'''TlIj'' da,ol ,\ \.\ ."'01 19$ (I) '~lObo""..orworelbc ~T da,or ,1).\. \ 19~. W 1\1 ro&&owiAl abI1I be apportjOMd pro."'ta U oY'abd II LiDM or I.tUJtmcnt: Tutlu'lcVlCd IJld &ueued. rcnu,lnterut do mOft.aa'lIIWDpliOftl, coodomiD1um ,. I" lid I ... UIOCiIllOa 1...11.." w....llldIor _,COlI II ..,.'........ wllh.., olhu ~e..bk mUllldpal_. A11Ilu1l, T'...r. 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(b) IuJIIIhlll'-' ~ ..........'o-IO..--oIbIo _1AI.Uulioo rt/'he IIid loin w,lbln r.- da" r'lIlll.... 5cIIcI,._.. ......r. Should lhe aui'll 'iii 10 _ oodI -.IuI1llOl!'"'..... wIrhIa .... opodlloolllmc, IIIh1l1 bt IIlh. option or lhe SCTiCt, wi,hlo nVl (l) clolO. - \0: ~) DodIn ~ _liULL AliD VOID. .. wbldlllmc. IllIIIOIliCI poId 00 ICCOIlnl w,ll be lo,rti'ed 10 ScIIct II Uquidalool tIajupI, ..bjocllO lbc Rulli cod ~ oflbt ~ a.l1!Iwe 1"'__luWa. or . (Il) I. _ 01_1lOIloo UlIM au... b'.... 5cIIcI doclarl..lhlI AIr_nl NULL AND VOID. Ih. cooditloo..d cootl_.,. _did lor In 1hI. Pu...opb, .-- wkh.., olht/l\llIIlClIlIcootlqcodca I\IIlmo, be hcrclo or _oed hu..o. .haIl no l""Iet pr...oIl, ..d IbI. ~I ilWI....... c1IOCllVl_dIq to lulaW lD &bt .... IRIADIf u Ie lb. COQditloa and CGnllRfmq .,.ae noI . pari hereof. (c) 5dIer or AItDl mUll fICld"'l wriuca coauDiuaCOI valid wWJ lbt daI. of Mlllaacnl.'OIlh,wd lOAn. OR or before lbe lerminal dati u tpldned.lf lhIlUd c::ommiUDIDI . II... I\InIiIIIIlI w1lb .... \InIII U opocII\od _ or on olbcr tcnIII _plod I. wrltlo& b, Ih. Burer, o. or belorc .... .DICilIool dII', - IhIlI boVl .... option. .. tloIc dIM, 11/10, olht/ IImt lhonIlIcr, dwilla iLi..... 01 thiI__'. ullll1, bUI nol beyond 1M d... 01 reorIpt or lbe --' by.... -. or "",", to . .. -. ~ _ NULL AND VOID, by wrl...1lOIloo 10 ....au... or hlIIhcr docillon '0 .....1... wbldl llm. III dcpoJlI ....... poid.. _1hIlI bt ntlllllld : 10 1M au.... oubjocllO .... pi"" 11lI1Ilrool, II ..,. JlIV'Idool lor IG Pu....pIIIUb): (i), (iii, ud (liil. ldl SIIIcr Ilonb, _ 10 porotll '-Iou b, .lIlhoriIooloppral..... npu..bk II/nlO., ..dfo, Bu,et II m.. be rcqul<ool by lbe IcorIloI iAItllutloo or IrlIllriIlI qcadoI. c) 5cIIcI bcnby _ 10 pi' oddUJooal mOl\ffJ' d\acouIl' polo.. ud/or loin orillnlllon rce In .... nr . bu", ob..loI.. 1In...... I.... . IcorIloI iAIli'utloo ,equIriAI .., 00111/ 011 01 oloraa1d I..., provldioa lbc ..... 01 IIid I... doa Dol c.wcd --;1.-" 01 Ih. IIDDOnl or lbc mort..... . 7. RA11JI or "'A1'U AND RWUr Sdlct wIlT.... thai thiI prOperl, 1.1ctV1<cd b, ;' wll. ..d "'. t .' ....~. 5tUa wurlDU tbat lbat 1)'IlIIDI.... ruu, paid tor Ind. U 01 lbcd&1r of lhi. IflcUnenllu in u'iaflCtOf')'opall1na cond1Llon.lrJ~ Iy..... arc privatI. _ w.......1\IIl bel.... bu DO Iolormllloa I\IIl ptlbUC w....llldI.r lCWet will bt _ 01 I"'alled ror ..,....11' (6) m.nllll 011. lhe cillo 01........ II .Iorlllld. .. MlINlar.u. ...,IOVDllN11I ScIIct bu DOIlollIIII .r mUllldpallmpro.....n'i(luch U IIdtw..~., curbl. ..c.)....pI ^'"" 10 . P'lblic road may rfquil. 'UUlntC of I Uiahw.y occupancy pumll hom the OeparUlWll of TrWpotUl1oD. __I . ., ~' ) ) .~. //J.::_, _ o_L I" \~ ....~. &.'- '1',/. -' (;.' , I, I t4~:lf i{~'':; 0 '/ ,~" ii," " P. iPr.aAL ClAUW. , , , .. I ,:;1 - .-' ~I '.- II. AnA-CHID ADDINOA Ifl madll pan of lb!l ~Il ~Wood lofat'IIOft "'Radon Oildo.un LJ Priv.lt Wiler/On-Sill Sew.,. l)(HAIVA ODullAaCD<1Conlflll g.0Ihcr('): '1';, tJe" " ,~. ',' . i" . 'I U. ,IIlIONALn'1 All willa. phUDbina. hiwna.Iir-condiuoftlDl iRd iiahliq nllu're"(Indud~ftI chandch;u and "ilin, fllll) and ,YIlanJ appunawu tOOIlO and fonnln. . pIJ1lhmof, and other paU11D101 flItura. U ~U IJ all r~.l.uncfr)' lubl, T.V, &Dten. nu, m.m and 'Olaf 1)1lttnl, IOftthcr wilh ....1110 waU tln.hll. ICnaJJ IID1m , IUb uUor door11 ibIdcI. awuln&l, wncUaa bUnda, aMolpliftl,llonlUlomaUc 'Wuhcu aDd dtytu. tU:J radlalor (Ovut. COMUC'tl, \!talu abhcnal; k't.cbta'tlblMtJ, drapery roeb, draper)' _rod NldWIl', a&rtalA rodJ1 QIlU1n rod hud..... NUlla, a.hubbtry, pl.nun.. nolii' In or un propeny, 1111" door opcncl'l, ""i I( any unlAa Ipedrk.a1ly e:.u::q:at.td 10 IhU Apeaarnl,lIllncludtd ",It.e We and pun:haM puce. Nonc of Ih, .bo~, mcnlllJnciJ mini ,hall be IC".'OVN Of lublUluled by 1M kUIf Irom ptenUNI .flef. dal, of lh1aAaretmCQl. An., rcm&lnlDa huuftl and/or (:00. Un. fuck tlOled on the plem',," II ume 0.1 .allemenllle abo Included under thi, Aatmncnt. &cUtr b."br ~uranll lbaI bellhI Will ddiva.,oOd l1tk to ill of tbe lI1idct dcauibed la IlUl pu....ph, and an)' oIb",hah.. Dr IIt11l' of pcnonall)' lpeciRe&1I)' IchtdWcd to be hdLl4ed 10 lhi. WI. Seller WUJPlI all ptwnblq, beaUDI. all coodh.loDUll. ......h.nli'.1 and cMcuK&J ,)'Uanl and tq.,~m~ a.nd .pplia.nca 10 be In plopa vrockiaa OIda a.allmt of accdcmeau. TbU wanlDl)' doa POt 1u.n1Y1 doliq. 76.' elL II' "1 ,,-' tl'~ . 'rt 1'''--: - . of . ft" J. CO;. ~';":I. i '<1IC. .,r; (' r : ,~ I) ~ r"l -.' ., .. . - ....~ .,... -/ JtJ.;_':J6.:;J T:~~.l;"~j Ji'.\jr~ I .., '- l r ~ Un ' , L ~ .;- I..l~--':-J-.F~~""r..c.~ ,./ r S.'" oj j:./ .. .._ ;-. ,I i"jIiiiot 'I --t:.A._pJ~ .-:~~~ ",U~ 0"1",- / I"';-~'" . "7 ' N t\ ~ (Jy ) :.-" '1\( ~ ./ jl I I '~"..J ~ L /,. , C JS ~ '~~IWri""Th"SP'''l---'>~~ ~~~.~ ~ \~ <..1. 'ii G:r r,nllff;;!l .. ...~= 10'" aNI..,..s lit r..... by ~ W.,fUI,- MI. fr.. ,n4 dw of .niMn.. Ih':\Imbftnl:a& and ........u, BXCtiPTINO Howeval.IM ,.....: I' .......INIWIM~-.- _01...... priri\ollOor.lahtlolpu~--puloo. II ..';or_"or....-vlII...._....-. I ........ ..1Illt '0" .- ~ rool..... oMI1bo P>ool 11I4 _~iIablt or iudl If ...11 be 10- by. _1IbIt 1111I 1Iiur.... _y II .. ....... ..... lbl ~no 'It' = I:: :l:l.'=. __Iiotll...,.... ud/orllll. ....ell, or fH for e.""I~'lon of....., If Ill', ".. ~_ IOf flood, lAMrUClf udlCM' On IUUlaDCI wllh ulmdtd 1:0\'1'11', In.Ulan.., binder that... 01 ~arw;tlL..lon r.. It any. I AIMllIII......... poW III Ill..... 10 .._, II ..,. y lrii.n...... ..._ _ .......w. ...... or_ IIIlN """n. (el , _ or_ .1IkII..y be lIllolItd by .... nIle I........ Compon, 0' Ih. Ibllll<lInllllOlOfY for 11M pr."""loo 01.. odoq.... ..... -.... 0' .... __ (or lilt __ _I). oMI1 be......od and poI4 for b,llM Sell... 110......, Ill' .0"" 01 10'''''' rlccI,cd b, '1M Bo", or '''lolrod by WI - tbIlI "'--'u4 poW lor by 1M h",. (4) III 1M _1M 5clIor ~ ........ 10 ill" . ..... ud _~.......1ItIc or ...... If "II be 1"0,,4 b, . "pll.ble \lilt ........,. ",bjoa 1I1I0ItIII4. h", oMI1..... .. 0lIll0I 01 \IkIOI1lldl1ItIc u ,hi &iIIr coo &I" ..Ihou. ._, 0' prko or 01 bd.. ".,..4 all monlcl poJ4 b"IM ..,.. 10 'hi - 00 - 01 1M ~ prko u41M &iIIr"U I1iIIlbor...... h", lor ..,_I-.od b,IM Boyer forllroN ll.mlIpcaflcolIn P.IIIJoph 11lb11'.... (I), (UI. flU) ud IA PwunPh Il(e~ . iI4 III ... Ill.. _ ..... IhIIl be .. !Ilr\bIr IIIIblIt', 01 objol:lJoo 00 .lIh.. 01 .... porI"" "'rllo an4 Ih" ....,.....nl rIlIll ........ NULL AND YOlO. . U. PAYNIIIT Of IlU'OIlT.1lq>otI1I......4Icu 0' \hi 'OIm of Plrmco' and "'" prrlOO "'lnllI4 .. n.".. Ih.1I be pll410 A....' ror 11M ScI)tr:,.ho oIlalI nlII.l.... III II IICfOW 1ClCIO'&D1 PLil OOUWIUDIUOn Of l....iAallOG of lftllo\.,wmenlln confotmily wlIb 111,PPIU .Olf In". an.J relulatlon,. Alml for lba WIllI' IDI)', at au. 01 ba aok opUoe, boW III)' ~ cblck ,....... u dIpotal. ptn~n. 1M ICCIIpluce of Ihll DUff. . ., ,....... dlIpu&l ......IM Iu)'tl' and lhe 5eUa O\'tt' ..bet IIlfttllled 10 IhI dtpotll, Altnl "'Ill not bt lupon\lble to fKOlv, Ihl' dllpute and ...11 not be Habtt 10 ,Uhet' Iu)fll' Of 1M""'" nt\MlIIIO...... 1M dIpoaU W,IROut an a41qullt Mllltn IJleemtftl bdVl'ecn 8U)'tllnd SCU., or I \Iud Cow1 or.. Bu)'lf ad s.u. IIJ'tIthll.1 &11M IYWIIIM AI&II udlOIlu...... art'" jOtMd lD lnillu~n fOllhl ,,,urn of dcp061l monlU, lht Altnt" .ndlOl Subtlenl" rwoubw ,&torDly'1 r. and COlli wiu brr poI4 by .... pori, )oiDIoIIM ...... 01 50........ ... ~ AND TlNDU' (I) ......... 10 be lIeU....... br .s.d. k", aDd pbY*AI poIMIIion '_0 . \launt buILdlRlll' InrI .1 dAr and 11m. of Ittllanenl, or by d,ted and IIIltnmeaI of alattftl ......) ailM l1mI of MlINnMa.1 if prtm1aM lIltnul 0C:C\Ip..d II 1M NPIIll of Ihll "If"menl, unlcu uthcrw.M IpKlrlcd, ""a. n. Bu)". ,"U acLDowMda. iP1MIna.....) by IoIlIIIIaIIIl4 101II(0111 .... 01 oiaIIiIII ollllll "-'-' of SIll " 1101I1' """,pied. I ~ ... wUJ aot....la&o II'.... -...ell, writ,_ uleaUon, of .....UftI kaMCI), if any, d. .~llonallclJC('l (or lbe prcml"' wlthoul upr" wnlltD COIlMftI ollMlurer. e ,..... .- of .. ..-od _ u4 ....- _ II .....h .IIYorl. h)W ___1M riabllO ..... . pr...tMaMDl iAlpKUOD of 1M lubJKI PfmWa. IIId ..III ,""UI' apprOPflll' d(KUmmllllon o( IUtb lAIpecUoo. .1. 11II Of IAMI. . (I). _1hIIl_"be ",_y (lIIdo4llrl all 11_ __10 ""lIIoph III h.",nl 1114 lilY PCIIOna! p<opctI"pcallcllJy ,,_....010 IAIII pr--, ....... -. and I... ..upI.... (b) s.u. abaU bIu oak of tau from nf'l or other WWI)' ualllllmt of MlI&em'''t. In 1M fYtnl of dUll" to Ih, PfOptf1, br nit Of ocher uall&ll)', Buyer thall hn. lhe opIioa oIf't1dDd1a1 thI, IIfWD'IlI ud I"IClItrilll hud mOAtf pt.1d Oft M'roounl or of aatpiln, ItIt prOperl' In Ul lhen eondIuon widl &be prGC1IIIIIk of &D' hUl.lflDCl I"IClCMI')' otuluWt by 5tUIr. 8u)'ll''' benby AOIif\ld thai ... ma, iAIW' hll tQ\Ilt.&blt Inle"llln thil propeny u of 1M lim. of lbe ~ of lblIlIIlllDllU. ... urtIIIIIHT"11ONI, 1111 oo4Inloo4..... Boyor hIIllIII*IOd 11M ",opcny, 0' "",by .al,,,'he '"1""'0 do 10 .nd "./'...........,.s 10""- h II....... of ""b ~udOOl_ olorlA_ opoo"y _...... midi by Ih. iclIII "10' OIh" 0 flea, por1na or 11II=01_ or by ,hi _ 01...._ or "l 01... aw.'. ......_ u4 """""L"! by . _Ill.. W.. If 10', 01 ..y 01 hll/h.. oalctprrlOnl and 11II and ..... \MI.... .... ..... .. .......... M III ""- _ ...... .......... ......"" _0 u411an.... I<k...1od&1I Ihlll'" .ror.m.nllon04 por1lC1 ... DOl qoallllod 10 .- .. 0\ll0l00 00 ....=~ .......... OI.~....... ud......... bo)'Of......... 04riMr1'h11 blfw moy rtqulr. or ...rb 10"'~ the __ of capIIU 10 1.....1laI4I.1l111w1111r IIlaIlWa ~ CIIilId&lnI 1M wbo&e qrtIIMDI between 1M SCUU lAd lu)'Cl' ud lhere art no other laml, obh,"Ion1, covenantl, ......IIUou,......U Of coH1~l oral &w otMnritt of uy kiDlS ..ba&IotWr c:ooc..-nlna dw ..... furthermor., thll A,feemrnl Ihlll not be IlItted, amcnckd. thanaed 01 modiRecl u.ceplin wrillDl p,ICUtICI by 1M ...... ...... n. II(lOIInc1Kll11lll...-lhIIIOOl be.-4od In 1M Offloc rOIl'" R_d'hI 01 0...11 Olin lilY OIh.. orr... or 01... of poblle .-4. ud If Bo", tbIlI._4 thIJ ..-. or CUll 01 pe:raW tbI &&milD be rec:ordtd, ScUcr mlY. II hillbtr opllOA, ,.. 10 Ilell IlKh 1(1 II I breaCh of WI aartll...u. 11. AMIGNMINTlnlI AIr-- ah&II be blDdiaI upoD lhe rapIC:dve han, CJllCuIOlI. admlnlulllon, lu\.UUOfl Ind. 10 lMlltenl uaipabM. OI'IW UIi~ or lhe ~III --.o.........-Y UDdmlood, 1IowtYtr, ibai lbt luyu ahall noIlIWrer or UIlp Ihil A"cement wlthOUllhe wrlllCII con..1 or Ih, s.u. btjql\nt obtIIMd. 1'. NON.uAIlU1\' or AGlNTI iW::tpI UlDlf be plO"tWId by. upul1e I&Ittmenl or addendum 10 Ihl. A,rwmenl, Aaml(l} or Sub-AIM<<'}, If laY, an r..-una 1tUIr, ... 1M ..,.., 111I........Y uadInlood aad ~ bel... tbe puUa hereto lhat lhe Imetn named lIenl. hll/hcr MktperiOnI Ind cmp&oyea Of aay officlr or ~ Of .....1 lAd III ~ brokw ud billber........ aad imp&o)wI and any orom or panner of the cooperllln, brokcr art adtrll u ..all ooIy In brinallll the Iu)'ll' aDd..... __.11I4 WW III" _._ '" bll41ial>11 joIoII, 01 _all,IO .1Iht1 por1y lot ,... palorm_ 0110,1111II or ........' 01 thIJ ~ 01 lor 4aolI.-Ior .... -,_lIonoI. aI. Dll'AULT _ tDlllI or tHllU&Nat Tbt IUdllllt fOf Mllkmenl Ind all other Iteml referred 10 for Ihe paformance of any of lbe oblip1IoDI of IblI Apwmenl 1/1 _ ... 10 be 01 tIlI_ ollllil ~I. ShoIIId ,he Bo"" (I) '01110 .... ..y ocI4lIIoIlIl ..._ II ajrodl\od 10 P........ 4. (b) f\IrIWt ,11II or 1~pa..lDrOnuaioa to the SIUcr, the SeUir', lIenl, or 1M mon...' lender. commin, Ih, Bu)'Cf" kpI Of nnudalUlua, or raU to cooperI&t in the ~ of the IDOI1fIII kIu ,ppf1r-1Wo., wbkb act, WO\lld raull tn 1M f&llwe 10 obtain the IpprOVal of I mOlt.... kN.a c:omaUlmIIII. or (e) YIoII&oOllolllollllflllud....,.....'ol..........orcon4Jtlolllollhll AIr_..I.IllenIn '11th...., all cIcpoai,moolct an4Olha.....poI4 by.... h", 01_ 01 till ~ ..... ...... nqoIrod by IIlII -"'-" or nOl. ..., be ",lIntd: ~ by.. 5clIor 01 _I or iIrI...- ..... thoIlIrIlbI ..ua clcmu4 lholoU porch... prl<t, or u .... 10 be oppIiod 10 .. .....1 ~ 01 ) llIiquI4IIorl4aoll.- lor lOCk 1nIdt. II.... _ ..,.. 11410 1M MIll ..... Ila. _.... 10 fIllln lbe moolct II IIqwdll.4 41m.... ,n I<co,d_ ..Ih P"lIIoph lO(e)(Ui), IhI StIla tbIlIbrr rcItawrl _ oIIl111r1111, 01 oIrIIpIiooulllll ~ tbIlI brr NULL AND YOID. a.. IIIOOVII\Y nmD. " rool_.-, ,.... uIcU 10 __ ..,_, .ho Iw oblllnrel . final dril j04_'11II"" . PIonIytYurlI rool_ -..... 10 1nu4....... '~"""j .._10 . riol_lIIOIIl1loo ud no .... bot. o..bIt 10 _" .... Jodpmallllla 1abItuIi.. alllcpl iI4.......... -, 'or_. .....lIIlaIII oliouI'" ..... call (111) 70.1611, . , . U. IIAL alAn: DIIPI1R IIIOWTION IYII1UI. Iuly rlhpullor eill.. oriIInlou' 01 or ,dill.. 10 'hi. AIr_ra,. tbe Irrco<It ol 1lalI~' 01........ proyl4od III _1II11l11 ~ IhIIlbrr...........1o _Io.-dwa.uh.... aolea and p,oce4orll or the Rca11!1w1 DiIpoIl JlaoIidloo S_. DiIpoIII tbIlllndo4t "_ .w.... ...... by.... boi' ~: or..f broka. _. au"""'. or 01"" palOn or .nlIIY In conn",lon ,"Ih 11M lilt. pirrdwc. 1IttaIdaI. ooorlIIJoOa. ot 0l....1IJ*l or _ ".., I.o.Web Lbia ~ bK:Iud.lllI. wilboul limltadon, aI1c&a1ion1 of conualmeRI. mlllepacntlliOfl, MIlI.cnct aMJor 'rlUd, 1M ~ of uu. 1*11I' .....110110 rudiaIIoD Ih&U auniYl MUItmCRI on ,r.c aubJcd propctly 01 c..lin 1erm1nlllon of IJu. ~. au"'.......... ~ IbIy be.. .ecdved.. read. ud undaNand Ibc uan4atd annOWKcmenl bl!xhulC and nakl and proocdwa fOf tbe I.MI Eatat, DUpulIlaoIu, 11oo1_. U, DIICJIIPI1V& BlADlNGI TbI dIIcrip&Iw bIIdiqI wed bcnin II' fOf' tonvcnlentf on1r. and IMY are not Inlended 10 indkale aU of OM matter in tbt ....uou nidi follow .... ~. dwy aIr.aU ""'11 DO ,"ICI wlIa&IoevIr ia del.am1AlD,lbt riJhU or ob Illllonl of Ihe parttct. W. A"......1fft 11l1S AOIlEl!lolENT CONTAINS 11lE WHOLE AOREEMENTBETWEEN TUE SEUER AND RUVER. TlIUE ARE NO 011lER TUMS OBLlOA. TlONI. COVIlNANnJ!EPaSSENTAnONS. STATEMENTS OR CONDITIONS, ORAL OM OTHERWISE. OF ANV ~INO WHATSOEVER CONCERNINO 11llS IA\.II, EXCI!PT AS ""ACHED TO TItIS CONTRACT. IDo Not Write 10 Tbls Space) TI1Ia II I It.llly blDdlDI CODtnclIll Dot ~Ddtntoodt cODiull four IlIomtf. r... ........11 Tau, J}onuDIDI and an, amerwlmcnu IhertlO. mlW' be "'''Uled In mulupM COURltt""" bY Ih, p&I1tc1 and ddivtud by Wlf or trUlllaINtoa Ibtoqh . facatmik (fAX) m.adUat lAd ~ c.ounlClpalU WU bav. Iht MIDI .....llIIfDf*bWlr and bancli", eff<<1 Illhuulh II wtle 1111*I by II pili'" In oriJiul form. "".OVAL IY I~Ul'JJl'ln .17" olM,..f, 'Ii 1111 htI1l0, 10llndlnllo be lel.lly ....:~:::by, "" Ilh. 41y ud,... 1\101 .bove wrj,.... \Io'ltNUI AI 10 tun .. --. . -' (SHAl) WiWunnOi . RUtH ,,(;1:'1":::._ ISIlAI.I APPROVAL BY UUU. Selic. III he.., op..n'" ,..."", Ihll _n.j~_n'_d 4,y.' ~ '., 19!i#. WTtllUI.u;L.6~I'\.('.)n/n~Ldt..J~n_-_n- mll~ ~t~BAI.I AlJ~NT BY,. Ctt:./(.-~ - a.~~iO.A:L___- mUM -- . ., (~BAII USA" MIl Ms. Nancy Slaseman .Page 2 Amount . Interest cn overdue balance $3.39 Total amount of this bill $204.84 $332.81 Previcus balance Balance due $537.65 . ~ . . '. . . I . . PROPERTY SETTLEMENT AGREEMENT 'l'IIIS AGREEHEN'l', made this .d. day of a1&--1 _ , 995, by and between Elmer J. Slaseman, hereinafter reforred to as "HUSBAND", and Nancy H. Slaseman, hereinafter referred to as "WIFE". JlITNESSETII, That: WHERRAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the ma>:"riage relationship or otherwise, including withouli limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) lhe settling of all mallers between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) lhe settling of all matters between them relating to any and all righls, titles and interests, claims and possible claims in or against the estate of the other. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in ccnsideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forlh, and for good and valuable consideration, receipt of which is hereby acknowledged by 1V.1NT1FF'8 EXHIBIT I each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by John J. Connelly, Jr., Esquire. The parties are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be 2 taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and refiponsible for any and all marital debts and will indemnify and hold ~IFE harmless from the same. This specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5408-2340-1010-6484; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 the parties or the parties' business known as Refrigeration Specialist, Ino. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns. HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts. HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or sui t brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whelher real, personal or mixed, tangible or 4 intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that HUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the costs of transportation of the furniture to Pennsylvania. Once the set arrives, any additional shipping charges shall be shared equally by the parties. Any additional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own the following properties: a. 312 Seventh Street, New Cumberland, PA 17070; b. 120 Fourth Street, New Cumberland, PA 17070; c. 203 Market Street, New Cumberland, PA 17070; 5 d. 4 Hummell Avenue, Lemoyne, PA 17043; and e. 518 Second street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh Street, New Cumberland, PA 17070; and c. 203 Market Street, New Cumberland, PA 17070. HUSBAND warrants that all mortgages, taxes, insurance and utility charges have been paid on those properties designated as 8 and b above and after prorations same are current through August 1, 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the September mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND'S first payment of alimony as require~ by this Agreement. WIFE shall be responsible for paying the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simultaneously with this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward, WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties. WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations. In the event that any mortgage or lien appears against 120 Fourth street because of the debt to Fulton Bank on 203 Market street, WIFE agrees to provide substitute collateral sufficient to release 120 Fourth Street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to IlUSBAND: a. 120 Fourth street, New Cumberland Fu,'h.'. WIFE qui'.l.im' any .qu".hl. in',"" .h. m~y~~ ~)3\:' C in HUSBAND'S equity of the "Lowther street pI'operty. , Simultaneously with execution of the Agreement, WIFE shall deliver her executed deed, to IlUSBAND. The mortgage on the 120 Fourth street property is in joint names. From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utilities on said property. HUSBAND agrees to indemnify and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 days after notice from the other of the existence of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obligation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sole property of the person holding the title. If the property is not refinanced or sold within six (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaulting spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure. In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her interest in the property to the non-defaulting spouse. If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, the payment of the mortgage, taxes, insurance, utilities and counsel fees. In addition each party will arrange to have the other party not! f ied di rectl y by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 518 Second street, New Cumberland, which sale generated a net proceeds of Sixty Thousand Forty-Seven 74/100 DOLLARS ($60,047.74). This represents the net profit realized on the HUD Settlement Sheet 8 together with a rental of Four Hundred Fifteen DOLLARS ($415.00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain. If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation. After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with each party receiving one-half (1/2) of said proceeds. Additionally, from HUSBAND's share, he shall pay to WIFE the sum of $10,000.00. Prior to distribution, the following charges and credits have been assessed against the respective shares. (a) From HUSBAND'S Share: 1. Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($876.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 coats of the dining room suit located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 518 Second Street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Masland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 38/1IJO DOLLARS ($55.38) for reimbursement of lienable charges on property transferred to WIFE. 5. Debi t of ($2,500.00) 15 hereof. Two Thousand Five Hundred DOLLARS [or cash payment pursuant to paragraph 6. Debi t, of Ten Thousand DOLLARS ($10,000.00) pursuant to paragraph 6 of this agreement. In summary, HUSBAND shall receive a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) From WIFE'S Share: 1. A credit of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2. A credit of Ten Thousand DOLLARS ($10,000.00) which represents acceptance of payment due pursuant to paragraph 6 of this agreement. 3. A credit of Eight Hundred Seventy-six 76/100 DOLLARS ($876.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 38/100 DOLLARS ($55.38) for payment of other lienable charges. 5. A debit of Two Ilundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room suit located in South Carolina. In summary, WIFE shall receive a check in the amount of Thirty-four Thousand Eight Hundred Seventy-two 74/100 DOLLARS 10 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names. HUSBAND shall have ownership of the Toys 'R Us Stock. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. BUSINESS HUSBAND shall have full title and ownership of the business, Refrigeration Specialist, Inc. This shall include but not be limited to all stock shares, inventory, vehicles and equipment. Said vehicles to include a 1983 Ford Van and an International Diesel Truck. HUSBAND shall take all actions to have WIFE's name removed as owner of any vehicles used and useful in the business. Further, HUSBAND agrees to indemnify and hold WIFE harmless for any and all debts, claims, costs, expenses, (including any tax liability or fraud claims) or other liabilities which WIFE may become liable for as a result of her association with said business through ownership or through her role as an officer of the corporation. HUSBAND further agrees to be pay all of WIFE's attorneys' fees incurred in defense of any claims or suit brought against her arising from said debt or incurred to enforce this indemnification. 12 HUSBAND specifically agrees to have WIFE's name removed from the business's oredit line at Fulton Bank. Until removal of her name , or refinance or repayment of the obligation, HUSBAND agrees WIFE shall be entitled to file a mortgage lien against HUSBAND's property at 120 Fourth Street, New Cumberland to secure payment for said potential indebtedness. 12. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CI,AIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980. AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 13. AFTER ACOUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the 13 same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. ALIMONY. SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing September 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from IlUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in 971(b)(1)(A) of the Internal Revenue Code as amended, and as sai~ Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from IlUSBAND, when received by WIFE, shall be deductible in the year of payment by HUSBAND pursuant to 9215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to 971 (b)(l )(A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 However, WIFE shall be entitled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, IlUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. CASH PAYMENT. Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as lhe enforcement of said terms and conditions, shall be contingent upon the granting of a 15 Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2874 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all wri Uen instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. MUTUAL WAIVER AND RELEASE OF RIGIlTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the presenl or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's dealh and (b) to acl as executor/rix or administrator/rix of the other party's estate. 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or llabill ties of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or lerritory of the United states, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of lhe marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 17 whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18 20. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the bonefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 21. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effeot unless and until terminated under and pursuant to the terms of this Agreement. 19 THI. I. A TIIUI CORRICT CClI'V O~ THI ORIGINAL .- LAW O~~ICIe BARBARA SUMPLE.SULLIVAN ... BRIDal ITIIIIT . NEW CUMBERLAND, PENNSYLVANIA \7070.\113\ ~r.- PHONI 17171774.1441 " . ~AX 17171774.7011 fE.8 Iii ,.IJ.b ,- NANCY H. SLASEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2874 Civil Tcrn! ELMER J. SLASEMAN, Dcfcndant ORDER "6rA ,r J AND NOW, this ~ day nf j" /t/1/(/lIi , 1998, a hcarlng on Plaintiff's Third /7 Petition for Contempt and Requcst to Forcc Salc of Estatc is schcduled for this / S"0day of 0 .lAd... ,1998, at ,~, 1 Ii A=;M.\I'.M. for .c.L houris) in Courtroom L, of I Cumbcrland County Courthousc, I Courthousc Squarc, Carlislc, Pcnnsylvania. Pcnding hearing, Rcspondcnl is cnjoincd from borrowing or othcrwisc cncumbering the property known as 120 4th Strcct, Ncw Cumbcrland, PA 17070. BY THE COURT: r - . . r:,~ ,.,- .(1),', ~r, ~ < ,~" ,~. I ',1,\\ '.1arrrl~lj Ii', \11.9 ('U'O, ' " I'"J \.of 'It., .,' i ,,'.J'_~~I;; i 1 IJ,~:,'" ,','1\"'1" ...1')lh-. " ,i tA ~ 20. Refrigertltion Specialist, Inc. was operated out of Respondent's property located at 120 Fourth Street, New Cumberland, Pennsylvania. The mortgage on this real cst ate is stili In joint names. 21. During the course of the marriage, the parties obtained a line of credit from Fullon Bank for Refrigeration Specialist, Inc. intbe amount of $40,000.00. This business line of credit was secured not only by the business real estate but by the business' inventory and equipment. 22. Petitioner is a guarantor on this line of credit. To secure Respondent's repayment od said line of credit, Respondent gave Petitioner a Mortage in the amount of $40,000 on October I. 1995. 23. II is believed tbat line of credit is past due and the mortgage delinquint. 24. Respondent has also sold off the business' equipment and inventory which partially secured this line of credit debt. 25. Petitioner believes that Respondent Is also altemptlng to further encumber the 120 Fourth Street property by obtaining an additional loan secured by the equity In this property. Therefore, not only is Respondent not paying his obligations pursuant to the Agreement but he is depleting any equity in the assets which might satisfy his obligations and thereby jeopardizing 5 . PROPERTY SETTLEMENT AGREEMENT THIS AGREElfEN'l', made this .ill! day of tf2J..;:lI! ( _ 1995, by and between Elmer J. Slaseman, hereinafter referred to as "HUSBAND", and Nancy II. Slaseman, hereinafter referred to as "WIFE". WITNESSETII, That: MIEREAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; MlEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage . relationship or otherwise, i neluding without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or' maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW, TIIEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by . each of the parties hereto, HUSBAND and WIFE, each intendinq to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL IIUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by John J. Connelly, Jr., Esquire. The parties are executing this agreement freely and voluntarily, having obtained such knowledge and tlisclosure of their legal rights and obligations and that they acknowledge that this a~reement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be 2 . taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except ~s otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and responsible for any and all marital debts and will indemnify and hold WIFE harmless from the same. This specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5406-2340-1010-6484; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 . the parties or the parties' business known as Refrigeration Specialist, Inc. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns. HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts. IIUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification. To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRAISAL AND INV~NTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or 4 . intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of IIUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that IlUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the cost~ of transportation of the furniture to Pennsylvania. Once the set arri ves, any additional shipping charges shall be shared equally by the parties. Any additional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties jointly own the following properties: a. 312 Seventh street, New Cumberland, PA 170701 b. 120 Fourth Street, New Cumberland, PA 17070; c. 203 Market street, New Cumberland, PA 17070; 5 d. 4 Hummell Avenue, Lemoyne, PA 170431 and e. 518 Second street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh Street, New Cumberland, PA 17070; and c. 203 Market Street, New Cumberland, PA 17070. HUSBAND warrants that all mortgages, taxes, insurance and utility charges have been paid on tho~e properties designated as a and b above and after prorations same are current through August 1, 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the September mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND'S first payment of alimony as required by this Agreement. WIFE shall be responsible for paying the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simultaneously wi th this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward, WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties. WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations. In the event that any mortgage or lien appears against 120 Fourth street because of the debt to Fulton Bank on 203 Market Street, WIFE agrees to provide substitute collateral sufficient to release 120 Fourth Street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to HUSBAND: a. 120 Fourth Street, New Cumberland Further, WIFE quitclaims any equitable interest She~ my ve ~.4:., \: / ' c::: in HUSBAND'S equity of the~Lowther Street property. : . Simultaneously with execution of the Agreement, WIFE shall deliver her executed deed, to HUSBAND. The mortgage on the 120 Fourth Street property is in joint names. From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utilities on said property. HUSBAND agrees to indemnify and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 ~ --.... -. . days after notice from the other of the existence of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obligation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sole property of the person holding the title. If the property is not refinanced or sold within six (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaulting spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure. In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her interest in the property to the n?n-defaulting spouse. If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, the payment of the mortgage, taxes, insurance, utili ties and counsel fees. In addition each party will arrange to have the other party notified directly by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 518 Second street, New Cumberland, which sale generated a net proceeds of Sixty Thousand Forty-Seven 74/100 DOLLARS ($60,047.74). This represents the net profit realized on the HUD Settlement Sheet 8 together with a rental of Four Hundred Fifteen DOLLARS ($415.00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain. If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation~ After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with each party receiving one-half (1/2) of said proceedS: Additionally, from HUSBAND's share, he shall pay to WIFE the sum of $10,000.00. Prior to distribution, the following charges and credits have been assessed against the respective shares. (a) From HUSBAND'S Share: 1. Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($876.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 costs of the dining room suit located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 518 Second Street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Masland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 38/100 DOLLARS ($55.36) for reimbursement of lienable charges on property transferred to WIFE. 5. Debi t of ($2,500.00) 15 hereof. Two Thousand Five Hundred DOLLARS for cash payment pursuant to paragraph 6. Debit, of Ten Thousand DOLLARS ($10,000.00) pursuant to paragraph 6 of this agreement. In summary, HUSBAND shall receive a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) From WIFE'S Share: 1. A credit of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2. A credit of Ten Thousand DOLLARS ($10,000.00) which represents acceptance of payment due pursuant to paragraph 6 of this agreement. 3. A credit of Eight Hundred Seventy-six 76/100 DOLLARS ($876.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 38/100 DOLLARS ($55.38) for payment of other lienable charges. 5. A debi t of Two Hundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room suit located in South Carolina. In summary, WIFE shall receive a check in the amount of Thirty-four Thousand Eight Hundred Seventy-two 74/100 DOLLARS 10 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names. HUSBAND shall have ownership of the Toys IR Us Stock. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. BUSINESS HUSBAND shall have full title and ownership of the business, Refrigeration Specialist, Inc. This shall include but not be limited to all stock shares, inventory, vehicles and equipment. Said vehicles to include a 1963 Ford Van and an International Diesel Truck. HUSBAND shall take all actions to have WIFE's name removed as owner of any vehicles used and useful in the business.' Further, HUSBAND agrees to indemnify and hold WIFE harmless for any and all debts, claims, costs, expenses, (including any tax liability or fraud claims) or other liabilities which WIFE may become liable for as a result of her association with said business through ownership or through her role as an officer of the corporation. HUSBAND further agrees to be pay all of WIFE's attorneys' fees incurred in defense of any claims or suit brought against her arising from said debt or incurred to enforce this indemnification. 12 same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. ALIMONY. SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing september 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from HUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh Street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in 971(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from HUSBAND, when received by WIFE, shall be deductible in the year of payment by HUSBAND pursuant to 9215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to 971 (b)(l)(A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 However, WIFE shall be entitled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, HUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. CASH PAYMENT. Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSEOUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce acti.on filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a 1 5 Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2674 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1960, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and a~ree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other wri tings as may be necessary or desirable for the proper effectuation of thii Agreement. 18. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (ineluding income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or . claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United states, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 17 whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 16 20. SUCCESSOR' S RIGlITS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 21. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby cov'enant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims,_ promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23. BINDING EFFEC'r OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. 19 NANCY H, SLASE~I.-\N. Plaintiff IN THE COliRT OF COM~ION PLEAS OF OF CU~IBERLA:-ID COUNTY, PENNSYLVANIA NO. 9402S7~ Civil Tenn ("' .n " ,J ') : II ~.... ,. 0 ;i ,,1 I f' '1 .-, I:' ',-.' EL~IER J. SLASE:VIAN, Defendant "1/, PUli'lTlFF'S SECOND PETlTlON FOR CONTDll'T '71,~: .:'("'j ." ~, .',) r,,", i 11 .;" Oi .'-:j ., ::-. .~;. \. Petitioner is Nancy J. Slaseman. an individual residing at312 Seventfi'stre'e?, N~ Cumberland, PA, 17070. 2, Respondent is Elmer J. Slaseman, an individual residing at 120 Fourth Street, New Cumberland. P,-\. 17070. 3. This matter was commenced by the filing of a divorce complaint on May 27, 1994, Petitioner also filed a Petition to Prevent Dissipation of Marital Assets to prevent Respondent from selling marital personalty, real estate and otherwise transferring marital assets before a proper assessment could occur. A copy of the Order entered :Vlay 27, 1994 is marked as E,xhibit ., A'f, attached hereto and incorporated by reference herein. 4. After seeking this inter/ention by this, Court the panies were able to resolve this mailer and an Order was entered on June 13, 1994 prohibiting the dissipation of marital assets pending a hearing. A copy of the Order entered June 13, 1994 is marked as Exhibit "B", attached hereto and incorporated by reference herein. oi Respondent to reinstate the automauc droit oi the account is attached as E:<hibit "E", and incorporated hereb~ b~ reference. 10, Respondent was in direct violation of the Court'S Order which required the reinstatement of the automatic drait tJn or before December 24. 1996. 1 \. This issue was eventually resolved directly through counsel but only after Petitioner had to once again expend attom~~ fees to gain compliance by Respondent for the very issue Respondent was in Court for only a short time beiore. 12, Sow. on or about July 1.1, 199;. without any prior warning, Petitioner again rec~i\ed word that the same mortgage obligation Respondent was directed to pay by the Court aiter a contempt heating is in default, A copy of the letter dated July 101, 199i from Neil J. Brennan at Fulton Bank is marked as E:<hibit "F" , auached hereto and incorporated by reference herein. 13. Upon receipt of notice. Petitioner's counsel forwarded a letter to Respondent's counsel requesting Respondent to immediately forward pa~ment, 14, On or about July 23,199;, Petitioner received a Notice of Intention to Foreclose Mortgage, A copy of the Notice dated July 23, 199; is marked as E:<hibit "0", attached hereto and incorporated by reference herein. 3 13. Respondent's t1agrant disregard ior this Court's Order IS compounded by the fact thut it was Respondent himself who requested the direct payment to the iinancial institution because he was 'uncertain' that Petitioner would make these payments to the iinancial institution and somehow jeopardize his credit. 16, Additionally, Petitioner has also suffered a financial loss of approximately S1450 arising from the IRS interception of her 1995 ta,~ return to pay a 1993 tax liability for which Respondent was to indemnify and hold Petitioner harmless. 17. In summary. due to Respondent not paying the alimony in the form of the mortgage for 312 Seventh Street. :'-Iew Cumberland since April 1997 the mortgage is delinquent in the sum oi 53000 and Petitioner has lost 51.:50 in her Federal ta:~ reiund due to its interception to sallSfy Respondent's debt. 18, Since the inception of this case, Respondent has demonstrated that he will dissipate assets and disregard this Court's Orders. As early as May 27. 1994, Petitioner was forced by Respondent's actions to file a Petition to Prevent the Dissipation oi Marital Assets. Respondent willfully disregarded this Court'S Order shortly alter the first contempt hearing which was subsequently resolved through Petitioner's counsel's efforts, Now, Respondent has again willfully failed to make the necessary payments demonstrates that Respondent has no intention of complying with this Court'S order. 4 I,,' PROPERTY SETTLEMENT AGREEMENT THIS AGREEHEN'l', made this dday of tf2tI~ 1995, - by and between Elmer J. Slaseman, hereinafter referred to as "HUSBAND", and Nancy H. Slaseman, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, pursuant to an acknowledged common law marriage; MlEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; al)d (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW, THEREFORE, ~/ith the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by , " each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by John J. Connelly, Jr., Esquire. The parties are executing this agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion, 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, ~at all times hereafter, live separate and apart. . Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as is she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable, This provision shall not be 2 taken, however, to be an admission on the part of either HUSBAND and WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of e~very kind incurred by them, including those for necessities. Additionally, HUSBAND shall be solely liable and responsible for any and all marital debts and will indemnify and hold WIFE harmless from the same, This specific indemnification shall include but not be limited to the following creditors: 1. Mastercard Account Number 5408-2340-1010-6484; and 2. Any and all federal, state, or local taxes, penalties and interest owed as a result of any previously filed joint return of 3 the parties or the parties' business known as Refrigeration Specialist, Inc. or for any liabilities, penalties, interest due as a result of the parties failure to file submit returns. HUSBAND agrees to indemnify and hold WIFE harmless from each of the aforementioned debts, HUSBAND further agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from the above referenced debts or obligations incurred during the marriage or to enforce this indemnification, To the best of the parties' knowledge, the parties affirm no other joint debts exist. 4. WAIVER OF APPRA1SAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, business interests, jewelry, clothes, furniture, stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed, tangible or 4 intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties acknowledge that HUSBAND'S family dining room furniture is in the possession of WIFE'S sister in South Carolina. The sum of Five Hundred DOLLARS ($500.00) shall be escrowed by WIFE'S attorney to cover the costs of transportation of the furniture to Pennsylvania. Once the set arrives, any additional shipping charges shall be shared equally by the parties. Any additional sums remaining after the payment shall be divided equally between the parties. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties join tl y own the following properties: a. 312 Seventh Street, New Cumberland, PA 170701 b. 120 Fourth Street, New Cumberland, PA 17070; c. 203 Market Street, New Cumberland, PA 17070i 5 . , d. 4 Hummell Avenue, Lemoyne, PA 170431 and e. 518 Second street, New Cumberland, PA 17070. Each of the above properties are encumbered with mortgages. The parties agree as follows: HUSBAND shall quitclaim all his rights, title and interest in the following properties: a. 4 Hummel Avenue, Lemoyne, PA 17043; b. 312 Seventh Street, New Cumberland, PA 17070; and c. 203 Market Street, New Cumberland, PA 17070. HUSBAND warran ts tha t all mortgages, taxes, insurance and utility charges have been paid on those properties designated as a and b above and after prorations same are current through August 1, 1995. Effective September 1, 1995, WIFE shall receive the rentals and shall be responsible to make requisite mortgage payments on properties a and b for the months of September and October. However HUSBAND shall make the september mortgage payment pursuant to item fourteen (14) of this Agreement, which payment shall constitute HUSBAND'S first payment of alimony as required by this Agreement. WIFE shall be responsible for pay ing the delinquent mortgage due on 203 Market as of May 1995, and is assuming 203 Market subject to current taxes or other lienable charges on said property. HUSBAND further warrants no other liens are of record against the properties. Simultaneously wi th this Agreement, HUSBAND shall deliver said executed deeds to WIFE. From said date forward, WIFE 6 shall be solely responsible for the mortgages, taxes, utilities, and insurance on said properties. WIFE agrees to indemnify and hold HUSBAND harmless for said debts and obligations. In the event that any mortgage or lien appears against 120 Fourth street because of the debt to Fulton Bank on 203 Market street, WIFE agrees to provide substitute collateral sufficient to release 120 Fourth street from said lien or mortgage. WIFE shall quitclaim all her rights, title, and interest in the following property to HUSBAND: a. 120 Fourth street, New Cumberland ",'h." WI'E .,l"l,l., ,oy ,.,l'.bl' lo'."" 'h. .~y~; 'Jo3 \: . c: in HUSBAND'S equity of the~Lowther street property. . I Simultaneously with execution of the Agreement, WIFE shall deliver her executed deed, to HUSBAND. The mortgage on the 120 Fourth Street property is in joint names, From said date forward, HUSBAND shall be solely liable for the mortgage, insurance, taxes and utili ties on said property. IIUSBAND agrees to indemni fy and hold WIFE harmless for said debts and obligations. If either party shall default on timely payment of the aforesaid obligations assumed pursuant to this paragraph and said condition of default shall continue for a period of thirty (30) 7 day. after notice from the other of the existence of the default by certified mail, the other non-defaulting party shall have the right to require that the defaulting party either sell the property or refinance the obliQation solely in his or her name. If the property is sold, all proceeds of the sale shall be the sol'3 property of the person holding the title. If the property is not refinanced or sold within SiX (6) months of notice of the default by the other party and foreclosure actions are initiated, the non defaultinQ spouse has the right to regain title to the property and assume the mortgage in lieu of foreclosure, In such circumstance, the defaulting party agrees to execute a deed quitclaiming his or her intorest in the property to the non-defaulting spouse.- If the non-defaulting party is required to make mortgage payments to keep any mortgage current and out of foreclosure, the defaulting party, upon refinancing or sale, shall reimburse the non-defaulting party for actual out of pocket expenses, included, but not limited to, the payment of the mortgage, taxes~ insurance, utilities and counsel fees. In addi Uon each party will arrange to have the other party notified directly by the lender or insurance company on any late notices of mortgage payments or insurance premiums. The parties have sold jointly held property located at 518 Second Street, New Cumberland, which sale generated a net proceeds of sixty '1'housand Forty-Seven 74/100 DOLLARS ($60,047.74). This rllpresenls the net profit realized on the BUD Settlement Sheet 8 together with a rental of Four Hundred Fifteen DOLLARS ($415.00) due to the parties. The parties agree that HUSBAND shall declare the capital gain on his taxes. From the proceeds, the sum of Sixteen Thousand Nine Hundred Forty-five 04/100 DOLLARS ($16,945.04) shall be escrowed by John Connelly, Esquire, to pay said capital gain tax and will be released for payment of HUSBAND'S taxes when the actual amount is due. If said sum is insufficient, WIFE shall reimburse HUSBAND one-half (1/2) of his extended tax liability due to his declaring said property for capital gain. If said sum is excessive, one-half (1/2) of same shall be refunded to WIFE. HUSBAND agrees to provide an accounting of said taxes within fifteen (15) days of its preparation. After this reservation for the capital gains taxes, the net proceeds of Forty-three Thousand One Hundred Two 70/100 DOLLARS ($43,102.70) remaining shall be divided between the parties with eRch party receiving one-half (1/2) of said proceeds. Additionally, from HUSBAND's share. he shall pay to WIFE the sum of $10,000.00, Prior to distribution, the following charges and credits have been assessed against the respective shares. (a) From HUSBAND'S Share: 1. Debit of Eight Hundred Seventy-six 77/100 DOLLARS ($876.77) in tax and other lienable charge adjustments. 2. Debit of Two Hundred Fifty DOLLARS ($250.00) payable to Counsel for WIFE for transportation 9 " .. costs of the dining room suit located in South Carolina. 3. Debit of Two Hundred Fifty DOLLARS ($250.00) escrowed at final settlement on the HUD 1 for payment of the outstanding judgment on 516 Second street. The parties acknowledge that, upon release of said escrow by Saidis, Guido, Shuff and Masland, said sum shall be the sole property of HUSBAND. 4. Credit of Fifty-five 38/100 reimbursement of lienable transferred to WIFE. DOLLARS ($55.38) for charges on property 5. Debit of ($2,500.00) 15 hereof. Two Thousand Five Hundred DOLLARS for cash payment pursuant to paragraph 6, Debit, of Ten Thousand DOLLARS ($10,000.00) pursuant to paragraph 6 of this agreement. In summary, HUSBAND shall receive a net check in the amount of Seven Thousand Seven Hundred Twenty-nine 96/100 DOLLARS ($7,729.96). (a) From WIFE'S Share: 1, A credit of Two Thousand Five Hundred DOLLARS ($2,500.00) which represents acceptance of payment due pursuant to paragraph 15 of this agreement. 2. A credit of Ten Thousand DOLLARS ($10,000.00) which I represents acceptance, of payment due pursuant to paragraph 6 of this agreement. 3. A credit of Eight Hundred Seventy-six 76/100 DOLLARS ($876.76) as reimbursement for taxes and other lienable charges. 4. A debit of Fifty-five 38/100 UOLLARS ($55.38) for payment of other lienable charges, 5. A debit of Two Hundred Fifty DOLLARS ($250.00) payable to counsel for WIFE for transportation costs of the dining room suit located in South Cal'olina. In summary, WIFE shall receive a check in the amount of Thirty-four Thousand Eight Hundred Seventy-two 74/100 DOLLARS 10 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts in their own names. HUSBAND shall have ownership of the Toys 'R Us stock. 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. BUSINESS HUSBAND shall have full title and ownership of the business, Refrigeration Specialist, Inc. This shall inelude but not be limited to all stock shares, inventory, vehicles and equipment. Said vehicles to include a 1983 Ford Van and an International Diesel Truck, HUSBAND shall take all actions to have WIFE's name removed as owner of any vehicles used and useful in the business. Further, HUSBAND agrees to indemnify and hold WIFE harmless for any j and all debts, claims, costs, expenses, (including any tax liability or fraud claims) or other liabili ties which WIFE may become liable for as a result of her association with said business through ownership or through her role as an officer of the corporation. HUSBAND further agrees to be pay all of WIFE's attorneys' fees incurred in defense of any claims or suit brought against her arising from said debt or incurred to enforce this indemnification. 12 same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. ALIMONY, SUPPORT AND MAINTENANCE HUSBAND further agrees to pay to WIFE as alimony the sum of $606.00 per month commencing September 1, 1995 and continuing for thirty-six (36) months. Said sum is non-modifiable in duration and amount. WIFE directs said sum be paid directly on her behalf to Fulton Bank by direct deposit from HUSBAND'S account in satisfaction of her mortgage obligation on the property located at 312 Seventh Street, New Cumberland, while said obligation exists. All such payments by HUSBAND to WIFE shall be deemed alimony, as defined in 971(b)(1)(A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from HUSBAND, when received by WIFE, shall be deductib~e in the year of payment by HUSBAND pursuant to 9215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of WIFE pursuant to 971(b)(1 )(A) of the Internal Revenue Code as amended or any similar future laws or regulations thereto. The alimony payments hereunder shall be terminable upon the death of WIFE. 14 " However, WIFE shall be entitled to any interest deduction available for tax purposes related to payment of this mortgage and interest to Fulton Bank. Further, HUSBAND can only effectuate his remedies under paragraph 6 hereof if he is current with his payments pursuant to this paragraph. HUSBAND further agrees to maintain medical insurance coverage on WIFE through his employment until the entry of the divorce. However, the cost of said medical coverage shall not be deemed to be support or alimony for tax purposes. 15. CASH PAYMENT. Husband shall pay to Wife the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) upon execution of this document. 16. SUBSEOUENT DIVORCE A decree in divorce, entered~ by a court of competent jurisdiction to either party, shall. not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a 15 Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, 94-2874 or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1960, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all wri Uen instruments, assignments, releases, satisfactions, deeds, notes or such other wri tings as may be necessary or desirable for the proper effectuation of this Agreement. 16. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate, 16 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts / engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower'S rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rig~ts~ of a surviving spouse to participate in a deceased spouse's'estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of 1 7 whatsoevar nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or is or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property' Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 18 ..tl' " Fulton Bank people dedicated to your success," PO BOX 4887 . L~NC.~STER, PA. "61)4 (7171 291-2685 July 23, 1997 Elmer J. Slaseman Nancy H, Slaseman 312 7th Street New Cumberland, PA 17070 REI Commercial Loan Account ij2204462440-1 'ro I ELMER J. SLASEMAN AND NANCY H. SLASEMAN NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Fulton Bank, (hereinafter we, us or ours) on your property located at 312 7th Street, New Cumberland. Pennsylvania, IS IN SERIOUS DEFAULT because vou have not made Three (3) monthlv payments of principal and interest in the amount of 5600,00 each. due for the months of April, May. and June 1997: which total 51.800,00, The total amount now required to cure this default, or in other words, get caught up with your payments, as of the date of this letter is $1.800,00, You may cure this default within THIRTY 1301 DAYS. of the date of this letter, bv oayina to us the above amount of $1.800,00'. ' olus the additional monthlv payment of 5600.00 due July 10. 1997, olus a late charae of $6.00. if this payment is not made bv Julv 25. 1997, Such payment must be made either by cash, cashier's check, certified check or money order and made at the Loan Review Department at Fulton Bank, 29 East King Street, Lancaster, Pennsylvania, If you do not cure the default within THIRTY (301 DAYS, we intend to exercise our riaht to accelerate the mortaaae oayments, This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attornevs to start a lawsuit to foreclose your mortaaaed property, If the mortaaae is foreclosed. vour mortaaaed oroperty will be sold by the Sheriff to payoff the mortoaae debt. If we refer your case to our attorneys, but ypu cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00, However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over 550.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If vou cure the default within the thirty day period. vou will not be reouired to pav attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, Such suit against you personallv may also result in your mortgage being foreclosed and your mortgaged property being sold at Sheriff's sale, If we start the lawsuit to foreclose your mortgage, or if we sue you personally for the unpaid balance and all other sums due under the mortgage which may also result in foreclosure and sale of your mortgaged property, you have the right to assert in either of those lawsuits the nonexistence of a default or any other defense you may have to acceleration and foreclosure, If you have not cured the default within the thirty day pericd and foreclosure proceedings have begun, vou still have the riaht to cure the default and prevent the sale at anv time UP to one hour before the Sheriff's forecloDure sale. You mav do so bv pavina the total amount of the unpaid monthly payments plus anY late ".jk~ " . . ' . . -~ -"-----.---- - -- - - - - - - - <- -- - --- - ---~ -'- - --- - -- --- - - - - -- - -- ----- -,. -.. -'-" . ".,---"0-:'-". .---.'..... ':::.;-{:~:7;':.:~~i~;~~~\~~~!~(i~'.)J;';;~'.;;:"'~ .:':::i'~~ ' .-.... :.: ':;;;,~;;') ,:",;.;\":' - ....',- "" ..l!.....t' -,;',' . ........\~.....,......-..!..I'~.._..-. . . . .~>:"~~:..::.;. ",j' ~'~'.'" \... . . : . - . .. ':"., ~ . .. ~' .,' ,. 01-29 sa 23113 SUN CAPSULE LI~r,," 11'11:.1'4 I wr l"'~ II\L"~"''''' INTERNAL REVENUE 5ERVICE F, O. 1l0X ,:'j" BIONSALEM, r>A. 1 <;020 T1717 975 3562 Pial U"'11to. Vl.-c.\J-A,""Ci \-'-lD TA~PAVER IOENTtfYtNG NUMBER: 17~-~2-0702 r 02 CONTACT TEL!FHONE NUMBERS TOI.l.. rRI!I!: I-BOO-l!I;Z'-O":Zo PHll..ADELPHIA AREA: 210-2~1!I-1'02 BEST TIME TO CALL: MON, iHRU fRl. a:oOAM TO 6:00PM ELMER J & NANCY HOLLY SLASEMAN 312 SEVENTH 6T NEW CUMBERLANO'P~ 17070 r,-:~~li ~AI..L U~ ADO~T fOUR OVERDUE TAXES OR TAX RETURNS WI hAVW no r&cor~ that you r~spond~d to our prlvloU5 notie.l. AI ~ r.~ult, ~aur ~c~~unt ~~5 ~~~n ~iil~ne~ to tnl~ office for ,nforcement .etlon, whl~h eQuId lnclud. ~~lllng your W'~QI or propwrt~. It'5 lmport~nt th~t w~ h.ar from you within 10 daY5 from the dAte 0' th\5 letter 1f YOU AR~N'f ADI.f TO ~AY YOUR OVERDUE AMOUNT IN fULL. pleal! call the telepnon~ number 11~tVd Qbove ne rWBd~ to tell u. What ~our monthly Income Bnd ~'pvn5e~ are ~o w. CQn help you 8rr8ng' 8 pB~m.nt p l<ln. tf YUU CAN fiL~ YOUR RETURN WITH fULL FAYMENT, mall It to reach us Within 10 dAYS .ram the d~t~ af thiS lQtter. tf VOU CAN'T fILE YOUR "~TU"N WITHIN 10 DAY~' pl~aie Cdll 'h~ t~lepnone number lilted ebove, TO] help Llll o.termlng Ir ~ou n~~d ~lJ fll~, b~ reilo~ tu p,'ovlae U5 wltn your fll1n'J In,orm..tlon. fur.." lnal'll~u"l rwtLlrn, tnlS ,houlO InClUDe ~our Incomt, filing ,tetus, and total fuderal tal.5 wlbhhild. fOl' II Quiln",. ro,!turn, tnl" -;1\Oul.a l"ch:di wIoI9l!fi pllld, IIUlOuer Of emplO~8I'" and fTO'~ II\ddW fo\ poiyroll. IF YOI..1 WQ'JLP LlI'oE SO~IEOf'JE ELSE ta call ut For you.. WE- must havlI II Ilyn~d ~tatement prom you ellowl"9 U' to ~lb'lo~lI your tal In,prm~tlon to thl~ person. rOLl should mh'~ your statement on form ~e4a, fow,r o' Attorney ana Uetlerlltlon {If R~pr.puntiitlV" whlth you CoH' g~t frOm ilny I"ti o,'ICI 10U must lend UI atOpy U. tne tumpleteO ,arm pWf'ore ~our repre..ntBtlve c~ll~. petal' E. Milttn"UJE eHrEr, AUTOMATED COLLEcrrON BRANCH I:nclosures: Account eummar~, Copy d. HB letter. Envelope .L~,':\""";~i;~"~.&-1'al~~-.il~i,f\V~,< .. ,i(t~.l1t~~.....,..T. . ,.,_.".'", ~",,~_'.o.+__'~~ ...._~....". h' ..~...,,,,.~..~-...,,,,",,.,,..,.....-..._.,~,,.,.--~,,,. ,~~,,";.~~-,,""""""~',.., ."'" .... @ nLEO-OrnCE OF TH~ 1'1')ilV)N0TNW 9BFEn2G MIOI?1 CUMr;':,:,i", ',', U;[IY f'cNr \: :'''.\'::.:1\ \f1~ ~.2./J7/9r, , / .w! ' ~. """'~""""'~~'-".'''-''--''"-~---' ;' . . I . , . ., . -' ., ";' ,.....~~- ~ .. 'J,...;~....'_~' .. # ....,,",--'......... J