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Home My WebLink About94-04855 ~ 11\ Ii' ,~ ',,' '" 'I i: "' I;", " " ,'~ 'i,r\ ',' k , 'I, ,~ ] j ~ " " , , , , ~ 7 j ~ ~ ~ " !', I / ; ; / " , " ~ '" J ~ ~ ~ " , 'Ii' I / . . ..., ... DOUGLAS J. SPURLOCK, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNT~, PENNS~LVANIA plaintiff, I I CIVIL ACTION - LAW v. IN DIVORCE NORA M. SPURLOCK, NO. 1l/, 4 ~ 55 C/ VI I .~r01 Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS ~ou have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. ~ou are warned that if you fail to do so, the case may pror.eed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce irretrievable breakdown of the marriage, you counseling. A list of marriage counselors Off:ce of the Prothonotary at the Cumberland 1 Courthouse Square, Carlisle, Pennsylvania is indignities or may request marriage is available in the County Courthouse, 17013. IF ~OU DO NOT FILE A CLAIM FOR ALIMON~, DIVISION OF PROPERTY, LAWYER I S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. ~OU SHOULD TAKE THIS PAPER TO ~OUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO '1'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNT~ COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNS~LVANIA 17013 (717) 240-6200 .- . '\ DOUGLAS J. SPURLOCK, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , I I CIVIL ACTION - LAW v. I III DIVORCE I q11_ 4355 C,'vll 'Te (Il" NORA M. SPURLOCK, I NO. I Defendant. I COMPLAINT IN DIVOR&E 1. Plaintiff is Douglas J. Spurlock, who currently reside. at 201 York Street, Apartment #6, Enola, Cumberland County, Pennsylvania since November 1, 1993. 2. Defendant is Nora M, Spurlock, who currently resides at 813 Michigan Avenue, Lemoyne, Cumberland county, Pennsylvania since June 12, 1984. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six monthe immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 23, 1968, at Fort Leonard Wood, a U.S. military installation, in the state of Missouri. 5. Neither plaintiff or defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' civil Relief Act ot the Congress of 1940 and its amendments. 6. There have been no prior actions ot divorce or for annulment between the parties. ~ ~ rl ~ J ll:; ~ - ~ <> Oc:l - ~ " >- N') 4 . '~. I ~ I';;) ~ :.'.i ' ' ., ~ ~ j- 'oJ 'J " , :.;J .... In' l..~ . ,:r ~ '-.J i" - '- r.n ~ .' , !iI. @ ." ~~ ~~~ i " ~ ~J! J " ~ al E m ~ ~ .; o ~ '" :J o ~ 0.: ii ~ . < ~ . ", .. ... .. ~ . - . - , DOUGLAS J. SPURLOCK, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I I CIVIL ACTION - LAW v. I IN DIVORCE I NORA M. SPURLOCK, I NO. 94-4855 Civil Term I Defendant. I ACCEPTANCE OF SERVICE I accept service of the Complaint Under Section 3301(c), 23 Pa.C.S.A. of the Divorce Code on behalf of Defendant, Nora M. spurlock, and certify that I am authorized to do so as her attorney. 9/7/9'1 Date I --r:!f:t/ il ~ hu -f c ~ Patr c a A.1M es, Esqu re Attorney for Defendant, Nora M. Spurlock Howett, Kissinger & Miles, P.C. 130 Walnut stre~t P.O. Box 810 Harrisburg, PA 17108 .,. ~;- r~ .., ,,. :r.: I, .. .. ... ..:... '~) , ,,' , , , <n .... . "~I , , r 1;'1') " , , '11.r, <';1') ", , ',I I ,- " 51 . .. .. . ' - . , - . . ~ t; ~~ ... .. ~ 0 '" 01 E i ' !i 01 ;f 01 ~ . oj 1) .. 0 ~ " ~ Z ci Ol ~ '" ~ ~ it 0 z ~ '" C 0 Z ~ '" " '- ,/IfIA ... . DOUGLAS J. SPURLOCK, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTIcm TO DEFmND AND CLAIM RIGHTS You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may p~oceed without you and a docree of divorce or annulment may be entered against you by the court. A judgment may alJo be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counsellors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD,ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Courthouse Court Administrator, 4th Floor 1 Courthouse Square Carlisle, ?A 17013 Telephone: (717) 240-6200 WHEREFORE, Defendant Nora M. Spurlock, Plaintiff in the Counterclaim, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to 53502 of the Divorce Code. COUNT II - SPOUSAL SUPPORT, I\LIMONY PENDENTE LITE AND ALIMONY 12. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference hereto, 13, Defendant Nora M, spurlock, Plai~tiff in the counterclaim, is unable to sustain herself during the course of litigation and to defend the divorce action. 14. Defendant Nora M, Spurlock, Plaintiff on the counterclaim, lacks sufficient income and property to provide for her reasonable needs. WHEREFORE, Defendant Noca ~, Spuclock, Plaineiff on the Counterclaim, respectfully requests this Honorable Court to enter an award of spousal support or alimony pendente lite until a final order is entered resolving all issues attendant to the dissolution of tho parties' maJ:'riage and thereupon to enter an order of alimony in her favor. ~j:'-LU - COl~tlI2.Eh..f'EES.J.._CO?TS AND E;iEf,NSE;? 15, The prior paragraphs of this Answer and Counterclaim are incorporate<l herein by reference hereto. 16. Defendant Noca M, Spurlock, Plaintiff on the Counterclaim, has employed counsel to represent her in defending this divorc~ action. .. DOUGLAS J. SPURLOCK, ) IN TilE COURT OF COMMON PLEAS OF Plaintif f ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIFICATE OF~~ I, Patricia A. Miles, Esquire, counsel for Nora M. Spurlock, Defendant in the above-captioned divorce action, hereby certify that a true and correct copy of the foregoing Answer and Counterclaim to Complaint in Divorce was served upon Richard C. Seneca, Esquire, counsel-of-record for Plaintiff Douglas J. Spurlock, by depositing same in the United States mail, first class, on September 9, 1994, addressed as follows: Richard C. seneca, Esquire THOMAS, THOMAS & HAFER P.O, Box 999 Harrisburg, PA 17108 Date: '1/9/9'; , , ~~,~~~uire HOWETT, KISSINGER & MILES, P.C. 130 Walnut Street P,O, Box 810 Harrisburg, Ph 17108 Telephone: 717/234-2616 Counsel for Defendant Nora M, spurlock 1:1 ~ \ ,~ r:-.. oj , d ,., '. t' f" d ) -.) l'- ,; 0 '-" J " ') .... 'l, ': " -.tJ ,4 .{:t\~, '-./ I') I", (-\~ o.:.J ,'''"' ~ ) " ~ .:)- \: I.. J,~ ~ ~.J !,l " ~- '., " '^ ",' " ....~ ;Sl; ,. ..... :~ .. " I.~ 'I .. .. :~... !2'~ '" .'i . '" Q -{ <n ,.'"" l\: ":}'1 .'" "" <, I ..',.....,.,'. - - - ~h ~ ~ ~ ~ :tj II Q ~ 1l~ ~ ~ ~ 8 .~ IJ i e 2 " !~ r. d ~~~~ , ~ IE ~ :> ~ ~ 0 . ~ ~ ~ f' ~;~7 ~ ... "' f" , ~~ ~ - ~ ~ ~~ .., ~ i ~ ~ ~a :J: ~~~~ ~ ~ . --,-,-- ..,- .- =-:==- - -.-. __ __ '_.d 1\ IIWE"'I', 1~IS'.;I~I;I':II ,...... MILES, l'.c. . LAW OFFICE EDWARD J. WEINTRAUB 130 WALNUT STREET HARRISBURG, PENNSYLVANIA 17101 1717) 238.2200 FAX 111712311-\1280 MEMORANDUM OF AGREEMENT Utilizing the services of Edward W~intraub a8 a neutral third party mediator, pursuant to the March 8, 1994 Mediation Agreement attached hereto liS Exhibit "A", Douglas J. Spurlock (hereinafter "HuDband") and Nora M. Spurlock (hereinafter "Wife"), reached various agreements relating to the diuolution of their marriage and the distribution of their marital property. The purpose of this memorandum is to summarize those agreement8 and to assist their separately retained attorneys in preparing a final Marital Settlement Agreement and in finalizing their divorce. Attached also to this memorandum collectively as Exhibit "B" are memos prepared by the Mediator summarizing interim agreements reached at six (6) mediation sessions. 1. Separation - The parties have been separated since September 1, 1993. 2. Divorce - Husband will file for a no-fault divorce by mutual consent on or about October 1, 1994, enabling the parties to finalize their divorce shortly after January 1, 1995. '.0' 3. Tax Returns - The parties will file a final joint return for the tax year ending December 31, 1994, Doug will get the child dependency exemption in 1995. The parties will agree who will qet any future exemptions. All tax liabilities and refunds for 1994 will be paid from or into their joint account. Home mortgage interest deductions after 1994 will be shared equally by the parties. 4. Marital Debts - Except for mortgages and obligations hereinafter set forth, the parties have no significant credit card or other general indebtedness. Current payables relating to the operation and maintenance of the marital home occupied by Wife and Husband's mother have been handled via regular deposits by both parties to a joint checking account. All individual debts incurred by either party after September 1, 1993 will be regarded as separate and both parties mutually indemnify the other for undisclosed liabilities. , 5, :rh.t.Children - Rebecca is twenty-four (24) and lives in her own apartment; Katherine is a nineteen (19) year old college student. Both .M /\ -. children have attained their majorities, so there will be no child support, per se. The parties agreed that the estimated now unpaid Five Thoueand ($5000.00) Dollare cost of Becky'e August 20, 1994 wedding will be a joint obligation paid for from marital funds, probably the money market account, Kate'e rsmaining undergraduate school college expenses estimated to be Sixty ThouBand ($60,000,00) Dollars will be paid for entirely by Doug. In consideration of this commitment, Doug will receive all of the U,S. Savings Bonds, which had on April 1, 1994 a total value (redemption plus interest) of Fifty-Four Thousand Three Hundred Eighty-Three ($54,363,00) Dollars. Doug will maintain sufficient term insurance to guarantee the payment of these college expenses, Doug was encouraged by the Mediator to review the tax consequences with his accountant, it being the Mediator'S impression that Doug would realize in the years the bonds are cashed ordinary income on the interest earned, While Kate is in undergraduate school, Doug will pay Nora Two Hundred ($200.00) Dollars per month during any month Kate lives at Nora's house (more than sixteen (16) nights per month). 6. The Marital Home - 813 Michigan Avenue will be lilted by mutual agreement with a licensed broker for sale at Four Hundred Twenty Thouland ($420,000.00) Dollars, with the price to be reduced Fifteen Thousand ($15,000.00) Dollars every ninety (90) days if requested by either party. Nora and Doug's mother Frances HUlton will continue to reside in the home until approximately November 1, 1994. When Nora vacates the marital home, Doug will move back in and will likely remain until it is sold. Pre-selling expenses of Five Thousand ($5000,00) Dollars will be provided by insurance proceeds of $2,778, with the balance from the money market account. Both parties waive any rental credit to which either is entitled during the other'e occupancy, Doug'S mother's rent will be unchanged and will be deposited into the parties' joint account, The parties estimate their basis in the property to be Two Hundred Ninety Thousand ($290,000.00) Dollars and anticipate taxable galn of approximately One Hundred Thousand ($100,000.00) Dollars. In principle, they will divide and share the basis and gain equally~ upon their sale to a third party. The parties have been paying their home mortgage, inlurance, taxes and maintenance from monthly joint accounts deposits, Two Thousand ($2,000.00) Dollarl by Doug and Five Hundred ($500.00) Dollars by Nora. Effective July 1, 1994, these deposits will cease and Nora may draw up to One Thousand Seven Hundred ($1,700.00) Dollars monthly from the money market account to pay the mortgage, taxes, insurance (a total of $1475) and maintenance. Cable TV, water and sewer and electric charges will be shared 50\ from the Joint Account and 50\ by Nora, with Nore receiving reimbursement from Doug's mother's rent. If Frances moves, the party living in the house at the time will be responsible for 100' of these charges. 7. The 19th Hole - The parties' partnership interest will be acquired by Donald Fricchione, who is acquiring all of the partnership assets for Three Hundred Thousand ($300,000,00) Dollars. This leaves the parties with an unfunded liability of approximately Five Thousand ($5,000.00) Dollars, if Dr. Manjohn's recent payment to the partnership ($19,000) is set aside as a bankruptcy preference and the parties are liable' for 25' of this amount. Future Funds TOTAL $119,200 40,000 149,250 12,400 27,900 78,400 5,900 TIM/CREF IRA Account Flexible Premium Annuity HAP 401K Fisher Hgd Account Putnam Hun. Trust Cll8h Net Available Distribution 50/50 23.500 455,900 Due Nora Residence Proceeds 217,000 32,000 249,000 (77,400) 171,600 (5,000) 166,600 Condo Proceeds Distribution Subtotal Adjustment to Nora Net DiBtribution 50/50 Becky's Wedding Net Available ~ 149,250 27,250 78,400 11.750 266,650 227,950 85,800 (2,500) Distribution 50/50 83,300 Total Distribution 339.899 *potential Additional 50/50 Distribution 349,950 tiQ.BA $119/200 40,000 12,400 5,900 11.750 189,000 227,950 (77,400) 77,400 85,800 (2,500) 83,300 339.800 349,950 This Memorandum summarizes our agreements reached in 1JW '~'1/~-tt~ Ifora M, Spu lock -LM~/ I Date CERTIFICATE OF SERVICE 1/ Richard C. Seneca, Esquire, Attorney for plaintiff do hereby certify that a copy of the foregoing Answer to Counterclaim and Reply was served upon the following, by enclosing a true and oorrect oopy in envelopes addressed as follows, postage prepaid and depositing same in the United states Mail, at Harrisburg, Pennsylvania on the 29th day of September, 1994. Patricia Miles, Esq. Howett, Kissinger & Miles, P.C. P.O. Box 810 HarriSburg, PA 17108 THOMAS, THOMAS & HAFER By I \ \ C~ _ t7 \) Rfch~d C-: sr~ EsC1ttk4. supreme Court ID #49807 ' Post Office Box 999 HarriSburg, PA 17108 (717) 255-7629 ..".. . ~ , - , .~ :: ,\> ,.( ',r <71 I'" ....f!l ~8 ~~~ ~J~ i i' g ~ .' ., " 0 .. E .. ! .. . ~. 0 . " , " 0 '" ~ ~ . . . DOUGLAS J. SPURLOCl(, ) IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCl(, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S ANSWER TO NEW MATT(B Defendant Nora M. Spurlock, by and through her counsel, Howett, l(issinger & Miles, P,c., hereby files this Answer to Plaintiff Douglas J. Spurlock's New Matter to counterclaim of Defendant and respectfully avers as follows: 18. Admitted. By way of further answer, the Memorandum of Agreement entered into by the par.ties following mediation is not a final and binding contract, but rather a non- binding memorandum of understanding which the parties were to review with their respective counsel in order to prepare a final Marital Settlement Agreement resolving all issues attendant to the dissolution of the parties' marriage. In fact, the Memorandum of Agreement states its purpose by its own terms in the first paragraph: "The purpose of this memorandum is to summarize those agreements and to assist their separately- retained attorneys in preparing a final Marital Settlement Agreement and in finalizing their divorce," In addition, at the onset of mediation, both parties entered into a Mediation Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. That document, executed by both parties and the mediator on March 8/ 1994 states at paragraph 11 t Personal Attornevs. The parties are encouraged to consult with their individual attorneys early in the mediation process to ascertain the legal parameters of their cases. The parties will provide their attorneys with information concerning the mediation. Edward J. Weintraub may also provide the parties' attorneys with information about the mediation. After aareement is reached. a Memorandum of Aare~~t will be Dr.cared by, ~ard J. Weintraub. which each Dartv shall have reviewed by his or her attornev Drior to execution of a Final A~ment. Drecared bv Leaal Counsel. (emphasis added) Thus, as the parties have not executed a final Marital Settlement Agreement prepared by counsel, the terms of the Memorandum of Agreement are unenforceable and not binding. 19-20. Denied. It specifically is denied that the Memorandum of Agreement constitutes a waiver of any economic issues raised by Defendant in the divorce action, The Memorandum of Agreement was simply an "agreement to agree" and is not valid and binding absent the execution of a final Marital Settlement Agreement. By way of further answer, even if the Memorandum of Agreement had been intended by the parties to be a final and binding agreement, which it was not, it would be invalid in any event on the basis that there was not full and fair disclosure and on the further basis of fraud in the inducement. Plaintiff specifically told Defendant that the Memorandum of Agreement was " . I' t EUWAIU> J. WEINIHAUlJ 1:11/ WALNUT STIln,T II/11HlISIllJllG, Pf.NNSYLVANIA I7IUI 17171 ~"H 111/11 FAX 17171 23ij,92tiU MEDIATION AGREEMENT The undersigned parties, having identified certain Family Law iUIIOD ,~bout. which tlley disagree, have sincerely resolvsd that it would be desirable to re$olvo these issueB through mediation. The partieB intend to avoid (for themselves and their children) the bitterness and frustration which often accompany the reBolution of controverslss involving Family Law iSSU8S, The parties intend to create through mediation an agreement that Ilettles major ar8ilS of dispute (including divorce, division of proplln.y, custody or IT,inor children, child and spoueal support, vioit,v.ion rights, aJ,il~{)ny, cost of mediation and attorneys' fees), J.'Clpre6ents the inter/lsts of both partics, and is fair to bot.h pBrtLe~ (and their children), Therefore, the parties agree: 1. 5;' .Q.llL..Q.L...M. e d i a t i.QlL. Mediation shall be conducted by Edward J, Weintraub, who shall be compensated at the rate of $135 pt'r hOlll' for houl:'s ElfHHlt in the conduct of mediation sessions or in \'WL'ki \... on behal f of tilt! parties to achieve the goals of mediation, ~ny nec~Bs6ry para-legal services will be billed at $40 per hour, 2, ~.9.J(l!!&.D.t". Media~.ion sessions will generally not exceed two (2) hours and will be paid for in full at the conclusion of each session, P.:lY!nsnt Inay be shared by the parties on an equitable Furthermore, a deposit of $500 shall be paid upon the basis, sJ.gning of this l\gl:'~(.J'.ent. Shou ld this deposit become depleted, an additional depo~.lt 1I',:,y be required. Any unused portion of the EXHIBI'r A deposit will be refunded, The deposit will pay for between session time expended by the Mediator or his staff supportin9 the mediation or preparing a Memorandum of Agreement. 3, Privacv of Mediation, The parties agree that neither will call Edward J. Weintraub to teatify as a witness, nor will eithe~ subpoena any records of Edward J. Weintraub in any matter related to the mediation or related to the disputes whi::h were discussed in mediation. 4. Confidentialitv, The mediator will treat all information provided during mediation sessions as confidential. No information obtained during mediation will be given to any outside person or organization unless both parties concur. Unless otherwise agreed, the mediator will not hold information confidential between the parties. Communications between sessions will generally be limited to scheduling and administrative matters, 5, Consultants. Persons other than the mediator such as therapists, accountants and actuaries may be called for consultation when the parties agree to an expert being used and agree to pay appropriate additional fees for these services. 6. Attendance at Mediation Sessions, The parties will be expected to arrange their business and personal affairs to enable them to attend mediation sessions as scheduled, Mediation sessions will be scheduled as much as possible for the convenience of the parties . 7, Noticn--21-~~~ation, Notice of cancellation of eppointm~ntB must be glven by the parties not less than twenty-four (24) hours prior to any appointment. Otherwise, payment in full may be required for the missed appointment. s, E.o}~J,sJ.P".~J.q.!LQ.t Children and Others. Children and other persQn~ having 6 dir~~t interest in the mediation may participate in mediation sessionG relating to their interests, if the mediator finds that their participation may facilitate settlement and the p3rti~~ concur, A finnl me~ting may be held with the children to discuss thtl terms of the agreement which are relevant to their interestB, 9, fu 11 DlscJ.Q.~'1tJ:.f. of Financial Information, Each party will be expectnd to dlsc10so fully all financial information, financial statements, income tax returns, and other relevant information requested by the medi,1tor., and all information requested by the opposite party, if the mediator finds that the disclosure may aid the mediation process, Note: If a Court subsequently determines that one party failed to disclose appropriate information, such non-disclosure may constitute grounds for nullifying any written sattlement agreement. 10, Transfers pf Property. During the mediation process, neither party, without the agreement of the other, will transfer, ('Ilcumber, conce,ll, 0'- in any way dispose of any tangible or intangible property except in the usual course of business, or for the usual necessities of life, 11. Personal Attorneys. The parties are encouraged to consult with their individual attorneY3 early in the mediation process to ascertain the legal parameters of their cases. The parties will provide their attorneys with information concerning the mediation, Edward J, Weintraub may also provide the parties' attorn~ys with information about the mediation, After agreement is reached, a Memorandum of Agreement will be prepared by Edward J. Weintraub, which each party shall have reviewed by his or her attorney prior to execution of a Final Agreement, prepared by Legal Counsel. 12, COUNSELORS AND ADVISORS, The parties are encouraged to consult with their individual counselors and advisors.early in the mediation process to ascertain their emotions associated with the issues and the mediation process, The parties will update their counselors and advisors as their emotions arise thorughout the mediation process, Edward J, Weintraub may also provide the parties' counselors and advisors with information about the mediation and the parties' emotions associated with it, 13. Termination of Mediation, Mediation is a voluntary process, and any party in mediation may terminate the mediation at any time. However, the parties agree that anyone wishing to terminate mediation will do so during a scheduled mediation session, 14, Impasse. If the parties are unable to reach an agreement about any or all issues, the parties and the mediator will discuss options for resolution of the issues. These optiona may include DOUGLAS J. SPURLOCK, ) IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE CERTIrICATB or SBRVICB I, patricia A. Miles, Esquire, counsel for Nora M. Spurlock, Defenda.nt in the above-captioned divorce action, hereby certify that a true and correct copy of Defendant's Answer to New Matter was served upon Richard C. Seneca, Esquire, counsel for Plaintiff Douglas J. Spurlock, by hand-delivery of same on October 6, 1994, to the following address: Richard c, Seneca, Esquire THOMAS, THOMAS & HAFER 305 North Front Street Harrisburg, PA 17108 Date: /0/'/91- , , ~~UAi4~ Patricia A. Miles, Esquire HOWETT, KISSINGER & MILES, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Counsel for Defendant Nora M. Spurlock n; .. ;:r.: ..~ " ,.., '" I",' I ~ . .... .. "'" --, ~i ~ i ~ ~ ~I~ :!l s - ~ ... - :tl 1 I"l 0 < ~ . ~ .'j ~ ~~~~~ ~] i ie~~~ ...... ~~ ~U1 ::: iB i!! ~ IE 1 !3~ ~ 4 oe:: 0 . ~~ tJl j~~~~ ~i ~~ tIl . tJl I ..., :l ~ . . ~ :t ~ '" :I: ~ ~~ ~ ~ lfl .., ._-.- .....--- lIow'.;'...., l\IK'-lINlil-:ll .'" l\11J.J':!;, 1'.c. ... .. l'i:1 . ~'~-I.-'.; , ... ._,,:..--oi-_,I, , ' , ,i" "1"';'1' , "iI!.I')'''I'';-('. ,;,(':'r'lIf );~\"t:~l' ~I:'i,!'ij"'i,j(ii',/!,; , " .':.1 I"" ',Ii,. " " ii" I' ,', v, IN THE COURT OF COMMON ~LEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DOUGLAS J. SPURLOCK, Plaintiff , NORA M, SPURLOCK, NO. 94-4855 Defendant. CERTIFICATE OF SERVICE I, Richard C. Seneca, Esquire, attorney for the plaintiff do hereby certify that a copy of the Vital Record of Divorce, the plaintiff's Affidavit of Consent, the Defendant's Affidavit of Consent and Waiver of Counseling, the Praecipe to Transmit Record and this Certificate of Service was served upon the following by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class, at Harrisburg, Pennsylvania on the 9th day of December, 1994, Patricia A. Miles, Esquire Howett, Kissinger & Miles, P.C, P.O, Box 810 Harrisburg, PA 17108 THOMAS, THOMAS & HAFER By: L' .-----... Richard C. Seneca, Esquire I.D, #49807 305 North Front Street P,O, Box 999 Harrisburg, PA 17108 (717) 255-7629 Attorneys for Plaintiff ,I', , .. I ',;, "'- , , " ~~ ~~& .. 0 .. E .. .. .. x ci 0 " .. , 0 .. " .. it " . . ~ ~ -. '.... --I< " , . v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DOUGLAS J. SPURLOCK, Plaintiff, NORA M, SPURLOCK, NO, 94-4855 Defendant, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 29, 1994, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce, 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in. counseling, I further understand that the Court maintains a list of marriage counsellors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I verify that the statements made in this affidavit are true . ."" DOUGLAS J. SPURLOCK, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBER~D COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER or COUNSELING 1. A Complaint in Divorce under !)301 (c) of the Divorce Code was filed on August 29, 1994. 2. The marria,ge of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost, 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. <4 . DOUGLAS J. SPURLOCK, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE OUALIFIID DOHISTIC RILATIONS ORDIR AND NOW, this 1~rA day of J"201hJV, appears to the Court as follows: 1. The parties hereto were husband and wife, and seek , 1995, it this Order in conjunction with a final decree of dissolution of marriage dated December 14, 1994 in the action docketed in this Court at the above term and number. 2. Douglas J. Spurlock, social security number 364- 42-0274, hereinafter referred to as "Participant", is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund (hereinafter "TIAA/CREF") having the following retirement annuities: TIM Contract No. A537758-3 CREF certificate No. P537758-0 3. Participant Douglas J. Spurlockls current mailing address is 813 Michigan Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043, 4.. Nora M. spurlock, social security number 315-46- 0461 is the "Alternate Payee." Her current mailing address is 494 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania, 17055. . 5. To accommodate the marital property distribution between the parties it is hereby ORDERED, ADJUDICATED and DECREED as followSl (a) That the TIAA/cREF annuities previously referenced are marital property I (b) That subject to the finalization of the divorce and the execution of the documents required by TIAA/CREF and the terms of said annuities, the following portions shall be awarded to the Alternate Payee as her Bole and exclusive property to be applied to TIAA/cREF annuities subject to the terms and limitations of said annuities: The current values as of the date of withdrawal of 100% of the accumulation under TIAA Contract lIo. A537758-3 and 100% of the accumulation under CREF Certificate No. P537758-0. The current values will reflect interim interest and dividend earnings in TIAA and investment experience in CREF until the transfer is recorded by TIAA/CREF. All ownership rights in the newly issued annuities will belong to the Alternate Payee, Nora M. Spurlock. Thereafter, Participant Douglas J. Spurlock shall have no ownership or interest in any accumulations in the contracts issued by TIAA/CREF. (c) The parties are directed to timely submit to TIAA/CREF all documents, including Releases that are required to finalize this Order. I ~ il! Jr! I .... i ~ d:l I;! ~ ~~ p !~~ j~~~J i~ I . ~~ =- i !~~;d IJ'l IJ'l ~a ~ ~I~ <Xl ...,. . I >-) I ~ ~ ...,. ~ . ~ ~ '" :E . ~ ~ ~ ~ , , " . , , . .. . ;. 4' ,~ IIUWWI"I" lil!i~;rNOJm & Mtr.F.!i, .. C, , .. .. ... DOUGLAS J. SPURLOCK, ) IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 94 - 4855 ) NORA M. SPURLOCK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE STIPULATION FOR ENTRY OF OUALIFIED DOMBSTIC RELATIONS ORDBR This stipulation is made this /'1;1\ day of 'jJ:.-;...,W ~J' 'I " / 1995, by and between Nora M. Spurlock and Douglas J. Spurlock, through their respective counsel: patricia A. Miles, Esquire, for Nora M, Spurlock and Richard C. Seneca, Esquir.e, for Douglas J. Spurlock, WITNESSETH: WHEREAS, the parties hereto formerly were husband and wife having been divorced by decree of this Court on December 14, 1994 ; WHEREAS, the parties reached an amicable resolution of the economic issues attendant to the dissolution of their marriage, which terms are embodied in a Marital Settlement Agreement dated December 2, 1994, a copy of which is attached hereto as Exhibi t "A" and incorporated herein by reference; WHEREAS, paragraph 7(f) of said Marital Settlement Agreement provides that Douglas J. Spurlock shall transfer to Nora M. Spurlock 100% of his accumulated benefits under TIAA Contract No. A537758-3 and CREF certificate P537758-0; .eo . .. WHEREAS, the transfer of said TIAA/CREF benefits requires the entry of a Qualified Domestic Relations Order; and WHEREAS, it is the intention of the parties that a Qualified Domestic Relations Order be entered as an order of this court by stipulation. NOW, THEREFORE, the parties hereto, by and through their respective counsel, intending to be legally bound hereby, stipulation and agree as follows: 1. The parties respectfully request that this Honorable Court enter the attached Qualified Domestic Relations Order as an order of this Court; 2, upon entry as an order of this court, the parties shall take all steps necessary to accomplish the subsequent distribution of the TIAA/CREF benefits pursuant to the Qualified Domestic Relations Order as set forth in the parties' Marital Settlement Agreement. IN WITNESS WHEREOF, counsel for the parties hereto have affixed their hands and seals the date above first written. C. Seneca, Esquire for Plaintiff J. Spurlock ,,' " i , I' I ,/ . 7.-::'11 f.x ~' / /<.<-.-U,.L - Patrie a A. Miles, Esquire Counsel for Defendant Nora M. spurlock ." 1ABLE OF CONTENTS /lelldina 1. ADVICE OF COUNSEL 2. DISCLOSURE OF ASSETS 3. PERSONAL RIGHTS 4. MUTUAL CONSENT DIVORCE 5. AGREEMENT NOT TO BE MERGED 6. CHILD SUPPORT (a) Medical Care (b) Post-High School Education (c) Dependency Exemption 7. EQUITABLE DISTRIBUTION , , ;: I , '; (a) Marital Residence (b) Real Property to Wife (c) Household and Personal Property (d) Business Interests (e) Vehicles (f) Pension/Retirement Funds (1) Assets to Wife (2) Assets to Husband (g) Life Insurance (h) other Assets (i) property to Wife (j) Property to Husband (k) Assumption of Encumbrances i . .. . EASiB , , . , :2 3 4 !S !S 6 Ii 6 7 7 7 9 10 10 11 11 11 12 12 15 16 16 16 . . . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this 2nd day of Dece~er, 1994, by and , between NORA M. SPURLOCK, of Cumberland county, pennsylvania (hereinafter referred to as "Wife"), and DOUGLAS J. SPURLOCK, of Cumberland county, Pennsylvania (hereinafter referred to as "Husband") , WITNESSETH: WHEREAS, Nora M, Spurlock, social security number 315-46- 0461, was born on June 8, 1945, and presently resides at 494 Brighton Place, Mechanicsburg, Cumberland county, pennsylvania, 17055. WHEREAS, Douglas J. Spurlock, social security number 364-42- 0274, was born on October 25, 1942, and presently resides at 813 Michigan Avenue, Le~oyne, cumberla~d County, Pennsylvania, 17043, WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 22, 1967 in Fort Leonard Hood, Missouri and are the parents of the following children: ~ Date of Birth Rebecca A. Spurlock Katherine A. Spurlock January 1, 1970 March 25, 1975 WHEREAS, the parties have lived separate and apart since September 1, 1993. WHEREAS, the pa~ties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, 1 ,'" I . . ~ the settling or all matters between them relating to the ownership or real and personal property, the children, the support and maintenance or one support ot their r .. another and, in general, the settling or any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and SUfficiency of which is her.eby 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, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, patricia A. Miles, Esquire, for Wife, and Richard c. Seneca, E:-;quire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully inforned as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and VOluntarily, after. having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully 2 . , . ~ advi.ed by his or her res~ective attorney ot the impact ot the pennsylvania Divorce Code, whereby the court has'the right And " " duty to determine all marital rights ot the parties including divorce, alimony, alimony pendente lite, equitable distribution ot all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of cumberland County, or any other court of competent jurisdiction, make any determination or order affec~ing the respective part!.es' rights to alimony, alimony pendente lite, equitable distribution of all marital prope~ty, counsel fees and costs of litigation, or any other claim under the Divorce Code. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she i~ aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the pennsylvania Divorce Code or the Pennsylvania Rules of civil Procedure. Each of the partieB further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the 3 , ',' . ' ': , .. .,' . . .. court. or this commonwealth or any other court or competent jurisdiction. Husband and Wife represent and wnrrant that each . " has disclosed to the other in full his or her ,respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. Husband and Wife hereby warrant that they have discussed with their respective attorneys the concept of marital property under Pennsylvania law and further warrant that no assets now exist, other than those specificallY addressed in this Agreement, which constitute marital property. On the basis of the respective parties' disclosures and warranties, they acknowledge and agree that the division of the marital assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. 3, PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried, Each may reside at such place or places as he or she may select, Each may, for his or her separate use or benefit, conduct, carryon or engage in any business, occupation, prOfession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause which led to, or resulted in, the continuation of their living apart. Husband and wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor 4 ""'. , , . . .1 compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoy~ent or'disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAl, CONSENT DIVORCE. The parties ac)mowledga that Husband has initiated an action for divorce under the no- fault provisions of the pennsylvania Divorce Code in the cumberland county court of Common pleas at No. 94-4855. The parties agree that upon the expiration of the ninety (90) day period providod under ~JJ01(c) of the Divorce coda, each shall sign and hava duly acknowledged an affidavit of consent to divorcQ, /I" III affidavits shall promptly be transmitted to counsel,";'" li',wband who will file a Praecipe to Transmit Record ~ ,I. l r r and all documonts necessary to precipitate the prompt entry of a divorce doc reo . If either party unreasonably delays or contests tho obtaining of a final, unappealed divorce decree, that party shall indemnify and hold harmless the other party from any liability, costs and/or expenses incurred as a result of such delay or contest in obtaining the decree, 5. ~~MENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce and shall not be merged into a final divorce decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an 5 ,.' I.,.'",'. . independent contract. such remedies in law or equity are specifically not waived or released. , 6. CHILD SUPPORT. (a) Medical Care. Husband agrees that he shall continue to maintain medical and hospitalization insurance coverage for the parties' daughter, Katherine. The parties shall share the cost of all insurance deductibles and uninsured or un reimbursed medical expenses, including medical, hospital, dental and vision care, with Husband to pay 65% of such costs and expenses and Wife to pay 35%. (b) Post-Hiah School Education. Husband agrees that he will pay 100% of the costs of Katherinels remaining undergraduate education. said costs shall include tuition, room and board, trannportation to and from school, booka, fees, clothing and a reasonable spending allowance. Said costs shall be net of any and all scholarzhips, grants or work-study funds received by Katherine, but shall not be net of loans, In the event of Husband's death.prior to Katherine's completion of her undergraduate program, the obligations under this subparagraph shall be an obli~ation of Husband's estate, In consideration for Husband's commitment to bssume all of the costs associated with Katherine's undergraduate education, he shall receive as his sole f \ r and separate property all of the parties' united states Savings Bonds, which had, on April 1, 1994, a total value (redemption plus interest) of F'ifty Four Thousand Three Hundred Eighty-Three Dollars ($54,383). 6 .. (c) DeDendencv ExemDtion. The parties agree that for Katherine for tax that ,Husband shall do so Wife shall take the dependency exemption purposes for tax years 1994 and 1996 and for tax year 1995. 7. EOUITABLE DISTRIBU'rION. (a) /iilrital Residence. The parties acknowledge that they are the owners of that certain house and lot and all improvements thereupon situated at 813 Michigan Avenue, Lemoyne, cumberland County, Pennsylvania (the "marital residence"). The parties agree as follows with respect to the marital residence: (1) If they have not done so already, the parties shall list the marital residence for sale by mutual agreement with a licensed broker with an initial asking price of $499,900. The price may be reduced in the amount of Fifteen Thousand Dollars ($15,000) six (6) months after the date of the listing agreement and thereafter every ninety (90) days if requested by either party. pre-sale expenses of approximately Five Thousand Dollars ($5,000) will be provided from insurance proceeds of Two Thousand Seven Hundred seventy-Eight ($2,778), with the balance to be paid from the parties' joint account at Harris savings. wife and Husband shall take all reasonable steps to assist in the sale of the marital residence. (2) The net proceeds from the ~ale of the marital residence shall be divided between the parties with Wife to receive 60% of the net proceeds and Husband to receive 40%. "Net proceeds" shall be defined as the gross proceeds less any 7 " I . ~ ."', .,' ,. .~ I,' '~ ...." " . j I \ ~ \. } realtor'. commissions, taxes associated with the sale and all .ettlement costs. Each party shall be responsible tor one-half of any capital gains consequences reSUlting t~om the'sale of the marital residence. Until such time as the property is sold, the parties shall share equally any mortgage interest deductions attributable to the marital residence tor tax purposes. (3) Wite shall enjoy exclusive occupancy ot the marital residence until approximatelY November 1, 1994. When Wife vacates the marital residence, Husband intends to move back in and thereafter he shall enjoy exclusive possession ot the marital residence until it is sold, Both parties waive any rental credit to which either may be entitled on the basis of occupancy of the premises by the other party. (4) Husbandls mother, Francis Huston, shall be permitted to continue to reside in the marital residence during Wife's period of occupancy and thereafter for so long as Husband may agree. Rent paid by M~s. Huston on or after November 1, 1994 shall be Husband'S sole and separate property. (5) The mortgage on the marital residence in favor of Harris savings, as well as real estate taxes and homeowners J.nsurance shall be paid from the funds in the parties' joint Harris savings accounts until the home is sold. Any funds remaining in the joint Harris sa'lings accounts when the house is sold shall be divided equally between the parties and the accounts shall be closed. 8 , - ,.", , , . (6) other than the ~ortgage, taxes and linsurance costs addressed above, commencing on wite's departure ~ . trom the marital residence, Husband shall be solely responsible routine tor all.costs, expenses and liabilities associated with or attributable to the marital residence inclUding, but not limited to utilities and maintenance and he shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, inclUding attorney's fees, which may be incurred in connection with such liabilities and expenses, (b) Real propertv to Wife. The parties acknowledge that Wife is in the process of purchasing that certain condominium situated at 494 Brighton Place, Mechanicsburg, pennsylvania, 17055 (the "condominium'I). The parties agree as follows with respect to the condominium: (1) Husband hereby releases, waives and forever abandons any and all right, title, claim and interest which he may have in and to the condominium. Wife shall remain the sole owner of the property and shall be permitted to take any action with respect thereto that she deems appropriate. (2) Husband agrees that any and all homeowners's policies, title policies and any other policy of insurance with respect to the condominium shall reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under such insurance policies. 9 ;.~, " ., .. '.'.... ,,' . . (3) Wife shall be solely responsible for all past, present and future costs, expenses and liabilities associated with or attributable to the condom~nium, including but not limited to, mortgage payments, taxes, insurance premiums, utilities, maintenance and repairs and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which may be incurred in connection with such liabilities and expenses. (c) Household and Personal Prooertv. All household items including, but not limited to, furniture, furnishings, rugs, carpets, appliances and equipment, clothes, furs, personalty and other items of such tangible property already have been divided by mutual agreement of the party as set forth on the list attached herato as Exhibit "All and incorporated herein by reference thereto, Wife agrees that within twenty (20) days of the date of execution of this Agreement, she shall deliver to HU5band forty percent (40%) of the jewelry in her possession, The selection of pieces to be delivered to Husband shall be at Wife's sole discretion and the values ~ttributable to the jewelry shall be according to the documents the parties obtained earlier from the jeweler. (d) Business Interests. 'rhe parties agree that Husband shall retain, as his sole and separate property, the parties' partnership interest in the entity known as the 19th Hole. Wife hereby specifically waives, relinquishes and releases 10 .. , " '. ,- . tor all time any and all past, present or future right, title, ol~im or interest in and to said business interest, including any inorea.e in value thereat. " ' Husband shall be solely responsible tor any and all past, present or future costs, liabilities and expenses related to said business interests and he shall indemnify and keep wite and her property, heirs, executors, administrators, assigns and successors harmless from any liability, cost or expense, including attorneys fees, and including future tax liability, interest and penalties, incurred in connection with said business interest. (e) Vehicles. Husband agrees that Wife shall retain possession of and receive, as her sole and separate property the 1989 Plymouth Grand voyager automobile, along with all rights under any outstanding liability related thereto and any insurance thereon, and the reGponsibility for payment of any insurance thereon, and Wife shall indemnify and hold Husband and his property harmless from any liability, cost or expense, including attorneys fees, incurred in connection with said vehicle. Husband agrees to execute, acknowledge and deliver to wife any and all documents necessary to effectuate the transfer of said vehicle to Wife. (f) ~ion/Retirement Funds. (1) AaEets to wife. The parties agree that Wife shall receive as her sole and separate property, free of any and all right, tJ.tle, claim or interest, specifically to include 11 a waiver of any rights as a beneficiary thereunder, the following accounts I r .' A. Husband's Fischer Financial services IRA Account No. 105; and B. Husband's TIAA/CREF Account (TIAA Contr.act No. A537758-3; CREF certificate No. P53775B-0). (2) Assets to Husband. The parties agree that Husband shall receive as his sole and separate, free of any and all right, title, claim or interest of Wife, specifically to include a waiver of any rights as a beneficiary thereunder, the following assets: A. Husbandls Fidelity Investments HAP 401(k) Plan (S5 No, 364-42-0274); B. Husbandls Butler Memorial Hospital TSA Plan (IIFuture Fundsll) Group No, 85188-01; and C. Husband I s Mutual of America Flexible Premium Annuity Account, Employer No, 009003-G-70. (g) Life Insurance, (1) Husband agrees that Wife shall retain as her sole and separate property the New England Life Insurance Policy No. U127486, insuring the life of wife, including responsibility for payment of all premiums and costs associated therewith and including all incidents of ownership pertaining to same, including cash value, and Husband hereby specifically releases and waives any and all right, title, claim or interest, 12 ,,"'.',. , , .. .paoificallY to include a waiver of beneficiary designation, he may havs in or to said life insurance policy of Wife. , . (2) Except as otherwise s,et forth in subparagraph (3) below, Wife agrees that Husband shall retain as his sole and separate property his college Life Insurance Policy No. 01179330, his ACHE Group Life Insurance Policy No. 77330, his National Fidelity Life Insurance Policy No. 4404900810, his Mutual Benefit Life Insurance Policy No. 7,258,291, his commercial Union Universal Policy No. 10UL239698, his commer.cial Union Adjustable policy No. CUUL23969B, his UNUM Policy and his Washington National Policy certificate No, 003185 insuring the life of Husband, including responsibility for payment of all premiums and costs associated therewith and including all incidents of ownership pertaining to same, including cash value, and Wife hereby specifically releases and waives any and all right, title, claim or inte~est, specifically to include a waiver of beneficiary designation, she may have in or to any such life insur.ance policies of Husband. (3) commencing on the date of execution of this Agreement, and continuing for so long as Husband has any financial obligations to Wife or Katherine hereunder, Husband shall maintain, in full force and effect at no cost to Wife, a policy or policies of insurance payable on his death in the amount of One Hundred Thousand Dollars ($100,000) with Wife to be designated as irrevocable sole primary beneficiary. Within thirty (30) days of the date of execution of this Agreement, 13 . Husband shall provide Wife with copies of those insurance polioies required to be maintained under the terms of this subparagraph, along with documentation that w~te has. been named as irrevocable sole primary beneficiary. Husband also shall arrange for wife to receive copies of all notices of premiums due or of default. In the event of a default in payment by Husband of any amount due on account of any policy required to be maintained by virtue of this subparagraph, such payment may be made by wife, who shall be reimbursed by Husband for the full amount of such payment, plus any interest, penalties and costs, and actual legal fees incurred by Wife in securing repayment from Husband, Husband shall not, without wifels prior written consent, cancel, borrow against, or in any manner pledge or encumber any of the policies of insurance required to be maintained by virtue of this subparagrQ~h. Husband agrees that, upon his death, if the insurance provided for in this subparagraph is insufficient to fill his remaining obligations under this Agreement, a lump sum equal to the amount of said remaining obligations shall be an obligation of his estate and shall be payable to Wife by his estatels representative, Except as set forth in this Agreement, Husband shall have no obligation to maintain or to pay for any life insurance pOlicies, whether or. not such policies were in effect prior to the date of execution of this Agreement. 14 ," -.' (h) other Assets. (1) The parties acknowledge that Wife , . already has received the sum of Thirty-Two Thqusand Dollars ($32/000) from the proceeds of the sale of the parties' pittsburgh condominium. The parties agree that Wife shall retain said funds as her sole and separate property. The parties further agree that Wife shall receive as her solo and separate property the Putnam High Yield Municipal Trust Account No. C02-1- 364-42-0274-BBB-W, free of any and all right, title, claim or interest of Husband, (2) The parties agree that they will divide equally between then all assets held in the Fischer Managed Account (Locust street s~curities Account) No. 3QM-013082. (3) Husband agrees that Wife shall retain as her sole and separate property any and all sums now held in any checking or savings account, money market account or other such account in Wife's name alone or subject to the control of Wife, including money on account in banks, savings institutions, or other financial institutions. i'. i , . F, ! (4) Wife agrees that Husband shall retain as his sole and separate property any and all sums now held in any Checking or savings account, money market account or other such account in Husband's name alone or subject to the control of Husband, including money on account in bank~, savings institutions, or other financial institutions. 15 . (i) proDer~y to wite. The parties agree that ~ wite shall own, possess, a~d enjoy, free from any , Husband, the property awarded to her by the terms claim of . of this Agreement. Husband hereby quitClaims, assigns and conveys to wife all such property, and waives and relinquiDhes any and all rights thereto, together with any insurance policies covering that property, and any escroW accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Propertv to Husba~g, The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinqui~hes any and all rights thereto, together with any insurance policies covering that property, and any escroW accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband, ., (k) Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will , . ~ ~, 16 " suffer or may be required to pay because of such debts, encumbrances or liens. (1) Liabilitv Hot Listed. EacW parti represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those identified in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sola responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (m) Indemnification of wif~. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend wife against any such claim, action or proceeding, whether or not well- founded, and indemnify her and her property against any damages or loss resuJ.ting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. ( i i ~ \ (n) Indemnification of Husba~. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not 17 well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurre~ by Husband in connection therewith. (0) Harrantv as to Future Obliaations. Husband and wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property har~less fron any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 8. ALIMONY. (a) Amount. In recognition of the factors set forth in the Divorce Code, Husband shall pay to Wife as alimony for her support and maintenance the sum of Forty Thousand Dollars ($40,000) . I, " :" (b) Method of Payment. commencing on January 1, 1995, and on the first day of each month thereafter until the marital residence is sold, Husband shall pay Wife the sum of Eight Hundred Dollars ($800). At settlement on the sale of the martial residence, the remainder of alimony then unpaid shall be 18 paid to Wife in full in a lump sum from Husband's share of the sale proceeds according to the terms of this Agreement. (c) No Termination Events. Th~ alimony payments provided for in this paragraph shall not terminate upon wite's cohabitation with a member of the opposite seXI wite's remarriage I or Wife's death. (d) Tax conseauences. This Agreement has been negotiated on the assumption that tho payments described in this paragraph will not be deductible by Husband and will not be includeable in the income of Wife for tax purposes. Husband specifically agrees that he will not take any position in regard to his tax returns ~hich is contrary to the intent of this subparagraph or seek to create a tax liability for Wife in connection with the alimony payments she receives. (e) Non-Oischarqeabilitv. The alimony payments required by the terms of this paragraph are for Wife's support and maintenance and do not constitute a property distribution. It is the specific intention of the parties that Husband's alimony obligation shall not be dischargeable in any bankruptcy proceeding. , \ (f) No Modification. Both parties acknowledge that the current rate of inflation may change, that the parties' respective incomes and assets may substantially increase or decrease in value and that either of the parties may be unemployed at various times in the future and, notwithstanding these or other economic circumstances which may be changes in , f . 1 . 19 '. ," 1,,1'" ,'. '.. ,', ~' , oircumstances ot a substantial and continuing nature, the parties agree that the payments tor support and maintenance provided tor " ' in this Agreement are tair, just and reasonable. Theretore, except tor the alimony payments described in this paragraph, each party hereby waives, discharges and releases any and all rights and claims which he or she may have now or hereatter by reason ot the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or any other benetits resulting from the parties' status as husband and wife, Both parties further waive, discharge and release any right which he or she may hereafter have to seeK modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband'S and wife's obligation to contribute to the support and maintenance of the other party. 9. MEDIC~L INSURANCE FOR WIFE. Husband shall maintain medical and hospitalization insurance for Wife, at no cost to wife, until such time as a decree in divorce is entered with respect to the parties. commencing on the date of execution of this Agreement, wife shall be solely responsible for any deductible, uninsured and/or unreimbursed medical expenses she incurs. 10. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the r dissolution of their marriage, 20 . k ~ I ! ~ ,.' 11. RELEASE OF CLAIMS. (a) Husband and Wite acknowledge 'and agree that the property dispositions provided tor herein ponstitute an equitable distribution ot their assets and liabilities pursuant to 53502 ot the Divorce Code and they hereby waive any right to division ot their property except as provided for in this Agreement. Furthermore, except as otherwise provided tor in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property, any increase in value thereto or proceeds therefrom, in the future. However, neither party is released or discharged from any obligations under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her or dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at anytime hereafter 21 ~ has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, . . costs, expenses, and any other right or obliga~ion, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the pennsylvania Divorce code of 1980/ its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein, (c) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or s1milar 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 the deceased spouse's estate, whether arising 22 under the laws of pennsylvania, any state, commonwealth or territory of the united states or any other country. 12. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party pursuant to the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance pOlicies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states thi~t it ill his and her intention to revoke, by the terms of this ^~ro 'lont, any beneficiary designations naming the other which arc in effect as of the date of execution of this Agreement. If and in the event that the other party continues to be named as beneficiary on any asset and no alternate beneficiary is otherwise designated, then the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of any divorce decree which may be entered with respect to the parties 23 . . . all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATIO~. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILItx. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have tho right/ at his or her election, to suo for damages for such breach, or seek such other remedies or relief as may bo available to him or her. The non-breaching party shall bo entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of tho non-breaching party. 17. WAIVER OF BRE~. The waiver by one party of any breach of any provision of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Agreement. 18. ~. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt 24 requested. After November 1, 1994, notice to wife will be sufficient if made or addressed to the followingl " Nora M. spurlock 494 Brighton Place Mechanicsburg, PA 17055 and to Husband, if made or addressed to the followingl Douglas J. spurlock 813 Michigan Avenue Lemoyne, PA 17043 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the addresS for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE lJ>,H. All acts contemplated by this Agreement shall be construed and enforced under the laws of the commonwealth of pennsylvania in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTIOH. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF DIVORCE OR RECONCILIATION OR RECONCILIATION ATTEI1PT. This Agreement is intended by the parties to be a full and complete property Dettlement and they 25 agree thut it shall remain in full force and effect even if the parties effect a reconciliation, cohabit as husband and wife or . . attempt to etfect a reconciliation or in the e~ent of their divorce. This Agreement shall continue in full force and effeot and there shall be no modification or waiver of any of the torms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF I\.GBLEMEtlI. Any ho"dingrJ preceding tho text of the several paragraphs and uUbpAr"graphs hereof are inserted solely for convenienco of referonco and shall not constitute a part of this Agreement nor uhall thoy "ttoct its meaning, construction or effect. 2 3. AGREEMENT BINDING ON PAlITlf.~.Jl1lJ.LJmlHU., 'rh ia Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal represontatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledg~s that he or she has carefully read this Agreement, including all documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in relianco upon his or her own attorney, and that this instrument expresses the entire agreement betwoen the parties concerning tho nubjecttl it purportll to Govor and supersedes any and all prior ugroomonts between the parties. 26 . ..' .... . .' . ~". ". " ~i:'"\:''' ...'... ".. .' f '.' ." ~" ... t" I "" ....' ,r" I... ..J" oJ . .,. .. ... i ,~ . . . ".,........ " . , . " '.\ "'" .~' "" '.. " ,'. t' . . . ...... \'u " .: ~ .' '.. . '." . I, . '.'. I ..... ' I " I 'f fURN I ME CHOSEN BY I CHOSEN BY ICHOSEN &Y i OESCRIPTlQtI HORA I DOUG OTHE~S ;.......I.......~..........................."I........ .......... ;~YlIILl DOOR CHEST 1100-12 (2) I I X SROYHlll SERVER lOGO-\I X I I IROYHILl UBLE . LEAf 1000-11 X I S~YHJLl CHAIRS (I) 7000-1' X I SROYHILl HOBOA~O (QUHH) 1100.11 I IROYHILl EACH.CHEST (I) mo.n I !ROYHILl CRIIR UNIT 1100-10 I SLEEP lECH H20 lUEI,SPLIT EX (Q) ~llUSS OlTO~JN SSSIOS X I KLAUSS LS SEC1NL.mm,IOT.IOB X I mF lV/VI OED CIBIIOEl X I TmE _/2 c"WS CRIll, CWI X I SOFA , E~O lISLE mHO, me-a X I ..mum,1 TV/~,OIIlIOR WOlS X I "LOH~ 10RCH!ERE X I ,ALom 10RCHI ERE X I "ICRcm'E ,felJ Fl X I CLOCK ,:OlO lELEPHO!iE X I I ',ARI~H "ILOWI flOOR LI~? X I I 'lc,mEil/II,KW lEL LI~,? X I I omED .1 I X ?w. smEO, WE. CD PWER I X ,I ,UllER ElIO TmE X I I )ESK CHAI R I I )ESK I I UELE W',? I I cc,~mlER. SKIRT. SHI~S (Q) X I I ,liIoe. cmllNS X I I )ECW1II'E PILLOHS (I) X I I ;c~,FomR, SKIRT. SHIH (11i11) I I ,1I10C:1 cum!11 I I lECORml'E PillOWS (I) 1 I ?IC1URE EA1HROOM (I) X I I iLlmm (I) X I I 'IAPKIIIS (I) X I I ~mlll WIGS (6) cmr.IC X I I IA1H THL (2) HASH CL1H (2) X I !ATH RUGS (SH om & CCI',~,ODE) X I I lATH RUG X I I SOAP DISH. SRUSH HOLDER X I I ,Am CAll SWL PLASTIC (2) X. I I . ~OlP DISH,CUPS X I I I I ;OGdrl 1 Ol , fROM PGH CONDO . flJRNISHIHGS i Ji It.. I. l .~. f . , i, . i, " ~ f' " .!. , I tr, ~ ; " " ',.. + \ ~ X X X X X X X X X X EXHIBIT "A", PAGE 1 OF 9 ,..,','" " , ' ! WlE . SllYER CWIKA i\. lUll l\KEHS GLASS SERYIKG PI ICES CAMIU . MINOlTA ~ COOKBOOKS llKIKG ROOM ( DIKIKG TASLI . 5 CHAIRS ( CHIKA CUINH , '. BumT SERVER t SILVER PLATE TEA SET . SOAPSTONE CARVING : PRill. HOUSE FLOWER PLATE . mNOR~ ON wm - LEBAOANG . TEAPOTS' - SPURLOCK TEAPOTS GIFTS TO NO..A SERVIIIG PIECES 11/ CHINA CASlI~ET OIL LIY.P SILVER FLAmRE (GIRlGE SALE) CRYSTAL STE~WA..E SPURLOCK GOOO CHINA SILVER IIAFK111 WiGS cmTkL PITCHERS CUT GLASS PLATTERS CUT GLASS PUIICH 50~L & Cll,S SILI'ER FLATE FLATWARE WillE RI.CK - SILVER COLOF.ED WjNE RICK - GOLO COLOr.EO GRANO~OTHER CLOCK - EAR~ICK FLom CElnERPI ECE AREA RUG - 9 X 12 ElLIE LIV!lIG r.oox FOX SOUP TUREEII LOVE sm ETHAII mE11 WIliG CHms (2) ETHAII mEII COFFEE TABLE - BA~,BOO LA~P HBLE - CHERRY SOFA mLE TEA TAELE - CHERRY OROP LEAF TABLE - CIRCLE TABLE LAX? - LG. BLE & HTE OIL LAY,? COI/VERSIOII ~ARBLE LAX? & SHAOE BOOK STAIIO mmm - 2 PIECE CHERRY ~,UFFIII STAIW XI RROR SHelF , SlOE CHAIR - ~'HlTE ), A1IT1Q. CLOCK HITH SHElf ~; SH GLASS DISPLAY CASE ,!: SH CRYSm COllECTJELES ( LADY STAlmlllG WITH GOAl ;: LAOI' SITTIIIG WITH GOAT ,', CRYSTl.L ROSE , ROSE Bm .. r~.~~{rtf~i ::-::~,~.~\r:~~!:. .p~~r~f j,.:- ::..,....:~ {:;{,;~ :~:~::":~~.~::~r;~~. ~~:..~.~~;./:.?:.: ~:.:., '.:~::';.;.; ~':'.'! {.: . , x X X X X X . . X " \ ~ X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X I X I X I X I X I X I X I X I X I X I X I X I X I X I X I ',< .. ~'o" .,... " I "EXHIBIT-uA'" P"'E 4 0'" 9 . ..'.:. "~' ~,' ;. ,",." ',r,~,'" ," ',i' ~ ' . ~ '" . i~17'. '", t':":",l',~",.',,,, """., 'I .,':.,',,' ,," , -, '., \' '.', .' ..::~':,:,:~:~:;~::?-/::::,:)U;'.i;~;i:,\,::i.:\ ;'.);':i':,::::)'.::,:'>/' <()X{;';;;!;1i:fi!i?/Yrf:ojX?rf:.:?;(;}X:~;;:':,:, .", ""~I'U Ill.... " " I~~t~ lK/J\E~ lUll. ~ '. I~t~ III m ~ :CHIN[SI DOm SlllUI K ' , . , '~o. tHlNUI PLAII K , 'LO. CH1N[5[ vm K '. ! ~ , ~ , 1, ~RCO pO~O HENU/fRlJl.EO K " TEAPOTS (2) K ~, SIIO~O OM SIANO K , PlHlS PRESSOR K ,: SHOE POLISHER K BI~D PIClURES (2) K ARTHORK . THE PAS!~GE K ~RTHORK . THE Tms X CLOCK R~DIO X EIJI,BOO F~lIlTS X EL~CK f~M , E~Y,BOO F~~S X JEmRY EeXES X H~r.IDIFIER X m CLEM;ER X FLCR~L m~!IG, 111 e.m X Elllll$ FIGURINES X EEDFR~~E. HATT~E!S, ETC. KIIIG X SIDE CKEm (2) X HIRROR HEAOEOARD WITH LIG^TS X LIt/EllS. KII;G X ELM..ElS - KII/G X , , YJ.S1ER WH .. L,YJl,US FRINTS (I) X . EX. Am RUG - 1.5 - 1.S X ,. TC,ms X stiLES X I .ISTE CAli - ERASS I K 51 LK PUNT I X HAIR DRYERS. tOKBS, ETC K I I . UPSTAIRS GUEST ROOM I EECFRlY,E. HEAD' FOOTBOARD (DBL) I K ARTWORK - CHIN. VASES (2) I X MATTRESS SET (OBL) I X I COHFORTER. BEDSKIRT. CURTAINS I X DRESSER I K CHEST OF DRAWERS I X HELE LAKP I X BEDSIDE UBLE I X I . KATE'S BEDROOM I ~, eEOFRIJI,E. HEAD & FOOT 80m I x ~i r,ATTRESS & SPRINGS- DaueLE I x ~; COKFORTER, SHAMS. PILLO.S I X (i CHEST Of ~RAWERS I X ii' DRESSER I X .' DESK I X i. ~ !~ r fOLDING STANO & TRAY TlSLE I x TV I x , FLOOR LIY.P I X IlIGHT 5 T Aim I TAelE llY.P I ~....' . ," .~. . .... ."\ .., .' " '" UF~Ol. SIDE C~AI~ -.ILI ' , I' I lC 5QDKSHEL VIS lC I ~ASII C/JI I lC ' . . . LO. NALL SHELVES I lC tURTAINS X I 'UPSTAIRS IAIlI ~ . i \ " , 0' " r ,. ~ , , , SHOliER CURTAIN I X I RUGS X I TOWELS I X I BIRD PICTURES I X FLORAL BASKET I X I I I GARAGE I I V,h1W.OWER . ElEC. r,ULCHI~G I X I S~OW ELOWER I X I lAPPER . ALUM. ExmSIO~ I X I CAR JACKS' (I) I X I ~ECH/.N j CS POL l Y I X I AIR llIiX X I HveMIC nOCR JlCK X I ~mR HOSES X X I [LEe, EX1EIiSI0:1 CORCS X I Elle. SHRUB. TRI~~ER X I ELie. GRASS TRirJo'.ER X I HEe. SLOWER X I GAS. ROWER r.lllCHER X I lUiO cm PROOUCTS X I SHRL:S ClIFFER X I mo ClImR X I WDE:1 100lS I X I WDEtI CHE~leAlS I X I TRASH CA~S I X I. PATiO I I I I REDWOOD TASLE & I SEI/eHES I X I lG. CERlJ\1 C POTS I X I GlI OER X I I ATTIC I I I I PLASTIC XJI,AS TREE I X I X~AS O!HlYoENTS-DOUG I X I XHAS ORNA~EIHS-NORA X I I XJI,AS ORNA~EIlTS-BEeKY I I x xrJS ORNlYoEIHS-KATE I I x ElEe. TRAIII I X I ASS'T'o CAJI,ES I X I " HTE & ElE SHELF I X I j' DRESSER HI RROR I I x \~. eECFRIJ\E. HEAD & FOOT e'OARD '1.' I x I EARSlOOlS ' . I X I " GOLF EQU I P~,EllT I X I 191H HOLE RECORDS I X I EOWlIliG BAG/EQUI P I x I em CRIB I I x mOLE I I X cmCiiS OF MISC. PlClum I I EXHmIT "A", PAGE 7. OF 9 CARIO~S OF MISC. lINE~S I I ,. 'I',". '. ,"_", ...... J.. ~~........"'.. ..".... .....1.. rl,IRtl.\' tKll_ . .' . I fOOT llUM. S!I'LlDDEl :UCKY'S 10XU .Klll'S 1000S , H/.NGIHG DRlSS STOUGE au ; MISC. lUGGAGE . ,. IlSlIlEHl l UPHOI.. tKAlRS (I) \ [ K K K K . ,. " K K K K , I LUTHER CHURS (2) K THHD UPHOL. CHlJR K RED COlICK K RED k~HllR K SQ tOFfEE TABLE. GLASS X ODD CHEST OF DRAHERS (I) K HOOD HC~KIIIG TOOLS X lSS'T'D TOOLS X SECKY'S BIKE X KATE'S BIKE X STOPlIGHT X DESK Ems' DESK TOP X OVEN RNSTER X fER!. mEAOER X lJITJQ, CHEST OF DRAHERS X CEOU CHEST X Kml fILIIIG CABINETS (I) X HEAOWl X SEMIIIG KACHIIIES & CAS WETS X slIIm DOOR CABIIIIT X ODOR OVER fiLING CASIIIElS X HkNGIIIG EAGLE llJl,P I X lOft KIT I X JEt:SY LillO BED FRAKE I X LG CWT DRESSER I X HORK TASLE I X mc. BUFFER I X ElEt DRill I K OLD fAINTED DESK I X mD cm SUPPlI ES I X DEHUMIDIfiER I X flOOR WE I X I fl/OLA lPARTKENT I BAR STOOLS (t.~s PAID FOR) X r DESK - CHERRY I X W,E TABLE I X fOOR HINDSOR CHAI RS & PADS I X SHIRT CUPBOARD I X ROUND TAELE , CLOTHS (N',S PO) X I CURTAIHs'IN UM (N',S PO) X I GREEK SOfA (OLD HICKORY) I X LA',P r.BLE . CHERRY I X COfFEE HelE - CHERRY I X SED TREAmllT (11'05 PO) I X -. CURTAIIIS IN BEORM (IW,S PO) I X RI1D lieU , CLOTHS III mROOM I X lAroP III BEDROOM, SlE I X EXHIBIT "1\", P~.GE 8 OF 9 ROSE LIJ',P I X ~',' ", " ,. t,' I ,. . " . /':,'1 ~ .,' \. .' ,,'... . " ' . , ~, r.I' , ' , . .... " . .' ~'..,W......II.'... . ' I .. '~I_ CLI""U K , . ClOCK RADIO K ' . , , . . ULEPDHE/""S. ~.ACltlNE K . ULEPllDHE 514. IRWII K HE~DIOARD AND fWlE (SPURLOCK) K WATERlED . QUEEN K " HAT RACK/HALL TREE K I ROIClN& IOARD X , SHOWE- CURTAIH (N"S ~.ADE) )( , ILE . HIE W,p IH L.RI! )( STORAGE C/.I1HET X I h'lUTE DESKS (I) X I DESK CHAIR. EXEC. K SLUE SIDE CHAIR (2) K I SM. ~RU RUGS (IIMS PO) X PLACE~J.TS (II~,S PO) X I , lOASTER X , I MICROI\~VE OVEN ' K I, IRON X I 1I1E. PL~SlIC S~ELVES X CII!!IA X 1 GLmllm X I POlS . p~US X 1 PIC1~RES ON IIAlLS K I KJ1CHEN UltNSILS X I COFFEE HAKER X I FOOO/iEVER~GES X 1 \'ACCU~K K I I elJ C~IKS 'i( IW~ ~ I' It.,-;/t.. " X !f-f""H.-A1 ::r.u.IJt./"f t. Ml'oC) X 1'.~"\11 :::r't.MJt{"1l~) ~ l , i ,\ f; '~ r, , ~ k L :' , ' EXHmrr "'A", PAGE 9 OF 9 -..:==:;.;::- ';";;':"::=;"';'7:':~::';:1-.";;":=..: . ,_.__.~ IT=';...~~...=::::=. U I ~ a~~ ; ~ .... I ~I .... ~!o :0 ! 0 ~ ,S ~~ p ! .~ .~ !I r . g~5~~ :> . ~~~~ i ~ ~ ~ ~ j~;~; ~f . U ~ ~~ I-) ~ ~ ~ . :J: ::E: a1 ~~ a ~ .--,-...--- ._~- l'_. " . . ,. , I . . ... . .. . ~ . IIOWETI', 1\/SS/NlHm ,\. :\I II,I';s, 1',1', ..... .