HomeMy WebLinkAbout94-05360
\~(I.t -_:c
I~t';'-j
\.')
I ',;i,-""\(i;
'\~\
, , ~
, ,
./1
li'ff
!i
"
"(;
;j
-'I
, ~
'1
I-r.
',j
,
':
, ,
'j
1;-\
, "
!i
.,
"
"
~'
i-:!
J
()
~
CV)
\r)
I
?
,/
MARITAL AGREEMENT
THIS AGREEMENT, made this 21~~ day ot November,
1995, by and between Julie L. Pass, party ot the tirst part,
hereinatter J;'eterred to as "Wite", and Christopher M. Pass, party
ot the second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wite,
having been married on November 17, 1989 and separated on August
18, 1994; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated and live
separate and apart from one another, and the parties hereto are
desirous of settling fully and finally their respective financial
and property rights and obligations as between each other
including, without limitation by specification: the settling ot
all matters between them relating to the ownership and equitable
distribution ot real and personal pI'operty; the settling of all
matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of
Husband by Wite; and in general, the settling of any and all
claims and possible claims by one against the other or against
their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out ot their
,
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et sea., and being fully aware of
their right to consult with or having consulted with their
respective legal counselor advisors, Andrew C. Sheely, Esquire,
Attorney for Wife, and Murrel R. walters, III, Esquire, Attorney
for Husband, and having had the opportunity and ability to
request a full and complete disclosure of income and assets from
the other, and reviewing this Agreement, have come to an agree-
ment as to each and all of their said matters of property and
relations; and
WHEREAS, Wife has filed a No-fault Complaint in Divor-
ce, said Complaint being docketed in the Cumberland County
Prothonotary's Office at No. 94 - 5360.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review. Each
2
.
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
..lection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements. In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still dp.sires to execute this Agreement, acknowledging
that the terms and conditions set forth therein 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
J
determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2. ~RATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose or deem
fit.
3. INTERFERENCE
Each party shall re free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or their respective families, or compel or endeavor to compel the
other to cohabitate or dwell with him or her, or to in any way
harass or malign the other or their respective families.
4. WAIVER O~LAIMS AGAINST EST~
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wifer and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assignsr does remise,
4
release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including the following:
(A) 1288 Boiling Springs Road, Boiling springs,
Pennsylvania (marital residence); and
(B) 1455 York Road, Boiling Springsr Pennsylvania; and
(C) 1985 Jeep CJ7; and
(0) Miscellaneous Personal Property; and
(E) state Employee's Retirement system Pension; and
(F) Miscellaneous marital and non-marital gifts.
s
Husband and Wife acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
amended, to obtain formal valuations or appraisals of the marital
residence, and other items of marital property. The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s). Each party further acknowledges the
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPEB!X
The parties hereto mutually agree that they have
effected a satisfactory division of the furniturer household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual posses-
sions of each of the parties hereto.
6
,
The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property
of either party, which are now in the possession and/or under the
control of the other.
From and after the date of the signing of this Agree-
ment both parties shall have complete freedom of disposition ae
to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether
real or personal, whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join
in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition of
property.
7. REAL ESIA1%
Husband agrees to transfer his rightr title and in-
terest in and to the parcel of jointly-owned real estate with
improvements thereon situate at 1288 Boiling Springs Road,
Boiling Springs, Monroe Townshipr Cumberland County, Pennsyl-
vania, as more specifically described in Deed Book "I", Volume
35, Page 971, as recorded in the Cumberland county Recorder of
7
Deeds Office, to Wife and to sign all documents necessary to
effect said transfer of the title to the real estate to her name
individually. The documents necessary to transfer title from
Husband and Wife to Wive to the jointly-owned real estate will be
signed simultaneously herewith.
Wife agrees to assume and save Husband harmless from
any obligation which he may be liable in association with the
real property located at 1288 Boiling springs Road, Boiling
springs, Monroe Township, Cumberland County, Pennsylvania. Wife
agrees that upon delivery of the deed to the jointly-owned real
estate, she will indemnify Husband on account of any obligation
he may have to her on account of any obligation concerning the
ownership of the real estate including, but not being limited to,
municipal liens, real estate taxes, sewer and water assessments,
fire and casualty insurance, and utilities.
Husband further agrees to transfer his right, title and
interest in and to the parcel of jointly-owned real estate with
improvements thereon situate at 1455 York Road, Boiling Springs,
Monroe Township, Cumberland County, Pennsylvania, as more specif-
ically described in Deed Book "G", Volume 36r Page 553, as
recorded in the Cumberland County Recorder of Deeds Office, to
Wife and to sign all documents necessary to effect said transfer
of the title to the real estate to her name individually. The
8
documents necessary to transfer title from Husband and Wife to
Wife to the jointly-owned real estate will be signed simul-
taneously herewith.
Wife agrees to assume and save Husband harmless from
any obligation which he may be liable in association with the
real property located at 1455 York Road, Boiling Springs Road,
Boiling springs, Monroe Township, Cumberland county Pennsylvania.
Wife agrees that upon delivery of the deed to the jointly-owned
real estate, she will indemnify Husband on account of any obli-
gation he may have to her on account of any obligation concerning
the ownership of the real estate including, but not being limited
to, municipal liens, real estate taxesr sewer and water assess-
ments, fire and casualty insurance, and utilities.
8. ~ SUM PAYMENT
In consideration of Husband's waiver of all rights
arising from the marital relationship and the terms and condi-
tions set forth in this Agreement, Wife shall pay Husband an
amount of $20,000.00 on the date of execution of this Agreement.
9. MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1987 Jeep CJ7 or the proceeds thereof.
9
10. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit and other investment accounts, owned by them jointly or
singly, have been divided to their mutual and individual sati-
sfaction.
(B) Neither party hereto shall make a claim upon the
other for accumulated pension, profit-sharing, retirement sup-
port, retirement benefits, insurance policies, IRA'sr or any
retirement-related benefits.
(e) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies.
(0) The division of existing marital prop~rty is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
10
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such 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.
11. ~BTS OF HUSBAND AND WIFE
The parties hereto agree that any and all obligations
incurred subsequent to the date of separation, said date being
August 18, 1994, shall be the sole and individual responsibility
of the party incurring the obligation.
Husband represents and warrants to Wife that from the
signing of this Agreement and in the future he will not contract
or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save harmless ~ife from
11
any and all claims or demands made against her by reason ot debts
or obligations incurred by him.
Wife represents and warrants to Husband that trom the
signing of this Agreement and in the future she will not contract
or incur any debt or liability for which Husband or his estate
might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
12. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions
of this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final sati$faction ot
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and relin-
quish any rights to division of property, other than provided in
this Agreement and, finally, waive any rights to alimony pendente
lite, counsel ~ees and court costs.
Husband and wife both agree that they have been
respectively advised and are aware of the contents of the
12
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set forth in determining an
appropriate amount, if anYr to be paid in the form of alimony.
After being fully advised of the contents of the Divorce Code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek from the other payment for support,
alimony and maintenance.
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and further distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herself, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other of
and from all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes of action for
breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
13
section 3302 of the Divorce Code.
14. SUBSEOUENT DIVO~
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, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdictionr as a part of a resolution of any divorce action
filed or to be filed. This Agreementr 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
Divorce Decree to either party by the Court of Common Pleas of
Cumberland county, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
15. EHTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants
14
or undertakings other than those expressly set forth herein.
Husband and Wife acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
15
full knowledge of the assets of both partiesr and that it is not
the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and wife shall from time to time at the request
of the other, execute, acknowledge and deliver to the other party
any and all further instruments that may be reasonably required
to give full force and effect to the conditions of this Agree-
ment.
lS. MQDIFICAT1Q!L AND WAIVEij
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement.
16
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.S.A. !3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' feesr costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful ~n whole or in partr before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
17
obliqation ot any and all costs and expenses and counsel tees
incurred by the other party in endeavorinq to protect and entorc.
his or her riqhts under this Agreement.
All remedies provided by l~w and all remedies provided
tor in this Agreement tor enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
ot a remedy one or more times shall not exhaust its use or
prevent turther pursuit of such remedy.
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties he~eto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
22. APPLICABLE ~
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For purposes of contract inter-
pretation and for purposes of resolvinq any ambiguity herein, the
parties aqree that this Agreement was prepared jointly by their
18
ALED-OFFICE
OF TI {E pn011-IONOTAAV
S5 GEe II PH 31 15
CUMI3EHLANlJ' COUNTY
Pl:Nl\~~Y1YN,It^
"
,I"~
"
,,'.J
:'.1',
"
'j
,p!
.,"
"
,I
"
I
'"
.'
,
I~
\
.
"
--
.
~
...
-,
-f
'1;. -+'
~ f:'
~ ,
a,,:)
l.() l:j
In II)
r-
-
~
,j\)
-:<;
'1.;
.",..
en
.
-,.
,,1
'I....
<;)
....
fJ
II~
l[')
0-
" ',J
'~j
0-..,
r-..
()
':1-
-
<
~
'-
--
r:,:.
-I
~I
:j
"-J
-:p
~
'..
I.,
.,,"J
0....
Z
11I0<
0<>
~>1 ~ -
"'III Ii
Z~ ....
O~ i
~'" . "6~J ~~
III
o .~ .... III+>
0>00< .... O<~ ~~~c:~
i-oH .... "'I'll
~~I +> '0 Jll!<
. ~ . ~ III Z!_
0 fIl.... XQI tJ . ...
" -
i-oOZ fill'll .... llII '"
· ~ 0 0<..-1 ~QI 0 .
00.... ll, '" ~o :-
OZI-o = ....
Oj~ . . '" IQ
. H > 0
~~ i-o
:C~H ~ fIl
1-01%1.... .... ....
Z~~ . H ~
0 0
....
. .
((/0\'11/1 . /-.- '('/".',/11/1
. ,
.
JULIE L. PASS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. I CIVIL ACTION - LAW
.
.
CHRISTOPHER M. PASS, . NO. 5360 CIVIL 1994
.
Defendant . IN DIVORCE
.
A..IDAVIT O. CO...NT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 20, 1994. I acknowledge receiving
a certified copy of the Divorce Complaint, said copy being served upon
me by certified Mail, on October 3, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final Decree of Divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim them
before a divorce decree is granted.
I verify that the statements made in this Affidavit are true
and corract. ! understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. section 4904 relating to
unsworn falsification to the authorities.
DATE:
/1 ~,;11'-~
, ,
Ii;';;-,.'.',-, i, -,'
;', -:' t,;, _ \ -'~" 11- , _ _- t
;-;'r,,~, - ill,,- I"
!'J'~_[~
I" ,I!!
!
~.~
j'-);
"."1,
,I:i'.
","
,
'\",1",;'
lIT
I,
I'
Noy 1I
Ils5 r,~ l;~'
'II.ED' (j"IM
II! . Ii >; r.r~ ,....":1 (I!( 1 ) ~h)
'CU~~U),\. f~li;'. ";1;UhT,,"
PL~h';(l'j~HH
, ,
I'
'I'
,
".'
I,
"
""rh;J.;,~,,,.,-,,,:;,ji,,,,'~,il'W;i'A""\i-<tji,l-~~~.Mii~lif~\lI!lt_tw~
I ' ' ",
;c.......,
.
.
..
.
.
#
,,.-_.
..' ~~..
"
nOY Z1
12 55 PH '95
I,
I HQ-OFFIC'
,OF Till: PPlll'lry"'~rA~Y
CU~Utl(l_.MIO CI.l~~n
PENN~)ILVA'IIA
"
."'...."..."""'.".""'""""",'._l#~..l\!IJ..t~ "",. ....0
, ' ~'r''''''''"If'1.1 llllllllrt'':I1VI .'lln"ro;,i'l<
ti ",', ' ",
~
"--<-
, .
~
'_,I
"
h
a
'I,'
,
,
"
'.
I,
..
"
.
, ,
.
.
Ii,
.'
"
,
"
.
M....,_
,
.
~
.
JULII L. PASS, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v.. I CIVIL ACTION - LAW
I 53,i0 CIVIL 1994
CHRISTOPHER M. PASS, I NO.
Defendant IN DIVORCE
UrIDAVI'l' O. II.VI.a COIIPLAIMT
COMMONWEALTH OF PENNSYLVANIA
COUNTY or CUMBERlAND
55.
The complaint in the above-captioned matter was served by
Certified Mail, Return Receipt Requested, on October 3, 1994, as
indicated by the attachod receipt card.
A~ C.~~
ANDREW C. SHEELY
SWORN to and subscribed befor~ me
this po;, day ot .~:" (I. ( , 1995.
, t
( ..1 t.:t; . I . , ~
Notary Publio
,
') l L 1
My Commission Expire.:
NOIARIA, SIA,
CATHfAIN~ J,IAAAA, NOTARVPUlklC
SIUAlllANSrOWN IOAO, CUMIf~LANO CO. PA,
MY COIolIolISSIOIII~~IAU 5.,r 1,1099
FILErroFACE
OF 'THE rllOTHO~!OTARY
950i-C 13 PH 12156
CUM13B\Ij.J',[) COUNW
FE~I~,!S'I~ItN,\
"
"
,
\'
,
, '
"
.';
"
',1
,,/
"
.,
,,'
,.,..,--"
"
'" .'...e'''>.\,.,...'"'....n!h;H;iE,;
I "";~,y(t"';i!t,ll;J-]<i'''t...~u,,~...,..,.j.......,-'
,. \ ,I
If
"'1""'
"
,
.
.1
.-
,
.
,....-
I.",.
'"
I,'
"
-;,
" ,
"
t
j
",
,i
.
,
,
, !/~,,r,)
/1(--,<,.1:-.
--
,
,
"
"'"-'~!~"""1'1;'11I
,.,
"
,4
"
. 'I '_ ..,.,'.'H::', ':(./.;.:,\'),:. .... '_'.'
'; :"-'I,.,.(jI"''''''/I:!I.~Hl~''t.J" __" ".' 1',-,',
"""'}"~'\ij'~" . """"""
~"!"".';+'H";'-:'\l''-'"''''~>'- '--'Ji!;~J+j{I."''''
',/' , ' 1-.. ~m\''Y !....,,; 'li, . .' ~_ ij'- ,
(;1' '. ''\~~ll!1l'''I,!h,,, -... _.__.l ~
:."." . ,. . "-.- .. "'""F"~#'\ll,\--,,,,,\"_.40ff"~. .
:~."_,'"_,,...,,.._, ,.,,1.""'-""-""""'
ALED-OFFICE
OF TIlE FWJTI-iONOTNlY
ss ore 13 Pi; 12156
CUMBEf1()NO CCUNlY
PENNSYLVANIA
"-~-"~~_I,.!-~, 1, ''''I111F1 . "".m -
''''.\"
4, 't ., .1
,
"
~I'I ?
.J.J
-,....,-.,-,
I
",
~
" .
,
,01,
.
'.',"
.
, I,
."
!:/,
,
"
i,'
I
I',
!
.
,.
"
,."
I'
I'
I
I
,""
I,
.~ '
I,,',.'
1:'
t.,
t
I,
i,
f'
"
(
.'
.
!
!H
,
I,I''L'
~,..:,Il':~ 1:1./,~'.l; :l~ :'\1\:t'(!~":
f'
.""I't>-}\'(i}
.,'.
,
:,1', -~Il'i:,i'j. ~,.
"f/,
"'
'I,
1,",'1 """"11... ,,4"~'''''h''''1l''''1U
OF1H~TARY
SSDcC, I PH 31 ,~
~f3EnUNI) COUNTY
PENN3'llVANfA
"
"
,,'
~"'.""".'JW"'~'r~lit4\l!~~W_41kt~.'\"'~""~I"""'<'~"'I''''ll''''''*'_'~1~'''-1'''\~'-'7
' '..
" ' , .
.
',0
.'
,I'
'I,'
~,
.'
.'
,,'" .1. I'~'
.
J....-.-
Wheat First
Butcher Singer
S.Nlng Inv..loll Sin" 1134
l :lll'111 ~1.lll'llll'I\1
A~counl Number
WY01 6635-0524
A~~flunl Of:
JULIE L PASS
May J. J99! - May 31, 1m
Page 2 fir 2
Current Portfolio
TYPE/DESCRIPTION SYMBOL
Cash and Money Market
CASH
TOTAL CASH AND MONEY MARKET
Bonds
NUVEEN TE UT TR 1181 S
PA TR-SEMI ANNL PMT
TOTAL 10NDS
Stocks
EXXON CORP
CURRENT
PRICE
ESTIMATED
ESTIMATED ANNUAL CURRENT
VALUE INCOME YIELD
-5,272.78 0 0.0
-5.272.71 0 0.0
-
5,927.20 504 8.5
5.927.20 ~ 1.5
-
19,369.00 3,336 4.2
19.369.00 3,336 4.2
-
80.023.42 3.840 -!!.:.!
QUANTITY
-5,212.78
239
24.8000
XON
1,112
11. 3150
TOTAL STOCKS
TOTAL ESTIMATED PORTFOLIO VALUE
Activity Summary
IEGINNINO CASH AND MONEY MARKET
DIVIDENDS AND INTEREST
OTHER ACTIVITY
TOTALS
ENDtNO CASH AND MONEY MARKET
SUBTRACTIONS
.00
--&Q
-8.997.1\1
NET AMOUNT
409.28
3.315.35
3,724.63
-5.272.78
ADDITIONS
409.28
3.315.35
3.124.63
.00
Account Activity
TRANSACTION
DESCRIPTION PRICE
DATE TRANSACTION Q~ANTITY
Dividends and Interest
05 15 INTEREST
TOTAL DIVIDENDS AND INTEREST
Other Activity
05 15 PRINCIPAL
05 26 MARGIN INTrREST
TOTAL OTHER ACTIVITY
Statement of Interest Charged Per I od 4/27 thru 5/25
NET IALANCE ALL BALANCE IN MARKET VALUE ADJUSTED
DATE MARGIN ACCOU~TS CASH ACCOUNT OF SHORTS DEBIT IALANCE
04 27 -8.991.4' .00 .00 -8.997.41
05 15 -5.208.87 .00 .00 -5,208.81
.AMOUNT
NUVEEN TE UT TR #181 S
409.28
1109.28
NUVEEN TE UT TR 1181 S
INTEREST 04/2TTHRU OS/25
3,319.26
-63.91
3.315.35
NUM
DAYS
18
11
INT
RATE
10.500
10.500
INTEREST
CHAl!.!!.I1l
-47.19
-16.72
-1!..!.1.
TOTAL INTEREST CHARGED
TOTAL INTrREST CHARGED THIS YEAR
-358.28
...EN!) OF STATEMENT._.
\\'h':,lr hr., nur,_ hl r ~';llllll'r I~:\ rr.lo!"lllilr~ , t V.;II1,II'. hl'<f "l'lllrllll:'l, 11\1., .\1, II\h r ~;"W YL\lk ~ILl\ Ie r-_"~!'dr"-le and ~1:nltillL1IrlV['_~t,)r Prorcaioo Currllr:lriiln
'-.11-111 IlIIl. Inn
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 5360 CIVIL 1994
JULIE L. PASS,
Plaintiff
CHRISTOPHER M. PASS,
Defendant
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Andrew C. Sheely
, Counsel for plaintiff
Murrel R. Walters, III
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the
25th day of August, 1995, at 9:30 a.m.,
at which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 6/21/95
E. Robert Elicker, II
Divorce Master
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5360 CIVIL TERM
JULIE L. PASS,
vs.
CHRISTOPHER M. PASS,
Defendant
IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, August 25, 1995
Present for the Plaintiff, Julie L. Pass, was
attorney Andrew C. Sheely, and present for the Defendant,
Christopher M. Pass, was attorney Murrel R. Walters, III.
A divorce complaint was filed on September 20,
1994, raising grounds for divorce of irretrievable breakdown of
the marriage. No economic claims were raised in the complaint.
On April 20, 1995, the Defendant filed a counterclaim raising
the economic issue of equitable distribution.
Counsel have advised that the parties will sign
and file affidavits of consent prior to the hearing to be
scheduled in these proceedings so that the divorce can be
concluded under Section 3301(c) of the Domestic Relations Code.
The only economic issue for the Master's consideration which has
been raised in the pleadings is equitable distribution.
The parties were married on November 17, 1989,
and separated on August 18, 1994. There were no children born
of the marriage.
Wife is 28 years of age and resides in the
marital residence at 1288 Boiling Springs Road, Boiling Springs,
Pennsylvania 17013, where she lives alone. She has a Bachelor
of Arts Degree from the Univer~ity of South Florida and a Master
of Liberal Arts Degree from saint John's College in Annapolis,
Maryland. Wife has varied earnings from the Horse and Hound
Animal Care Service where she serves as a pet sitter and has a
biweekly net income of $223.00; she also derives some income
from her artistic talents by doing charcoal drawings; she is an
assistant zoning officer with Monroe TownShip working part time;
she derives income from investments per year of around
$3,000.00; receives payment for an advertising billboard of
$600.00 per year; and reQeives $100.00 per month as rent on a
property which is titled in her name and her husbanQ's name at
1455 York Road, Monroe Township, Pennsylvania. Wife has not
raised any health issues. She is not receiving any spousal
support or alimony pendente lite payments from husband.
Husband is 27 years of age and resides in an
apartment at 102 South West street, Apartment 2, Carlisle
Pennsylvania 17013, where he lives alone. Husband has studied
at various universities and ultimately received a Bachelor of
Arts Degree from the University of Maryland. He is currently
employed by the Commonwealth of Pennsylvania, Office of the
Budget, in an auditor's position. Mr. Walters has indicated
that with his most recent pay raise his annual gross income is
$26,000.00. Mr. Walters is going to provide counsel for wife
and the Master a current pay statement. Husband has not
complained of any health issues.
The parties purchased a marital home at 1288
Boiling Springs Road, Boiling Springs, Pennsylvania, on October
1, 1991. The property is mortgage-free, and the claim is that
the funds used to purchase the property were from an account of
wife's which she had prior to the marriage, the account having
been developed through gifts from her family. There is no
dispute that the house, in view of the way it is titled and the
use of the property, was intended to be a marital asset; there
is a question as to a consideration that wife may be entitled to
receive in the ultimate distribution, taking into account the
contribution from her family and the source of funds utilized to
acquire the property. Counsel for husband has indicated that he
would like to have the property appraised; and whether or not
counsel can agree to share the costs of that appraisal, the
appraisal should be shared with counsel for wife. Wife
apparently is claiming that the house has a value of at least
the purchase price of $97,000.00, and husband believes that the
value of the house is in excess of the purchase price.
Consequently, the appraisal will be important in helping us
arrive at a market value.
In April of 1989 wife purchased a condominium in
the Village of Moreland, Lower Allen Township. After the
parties were married a deed was prepared transferring the
condominium to wife's parents around the time that wife's
parents, by deed, transferred their interest in a property at
1455 York Road, Monroe Township, to husband and wife. Counsel
have indicated that the transfers were a "swap", the parents
getting the condominium and husband and wife receiving the
Monroe Township property at 1455 York Road. Husband's counsel
takes the position that the York Road property is marital;
wife's counsel takes the position that the property is
nonmarital. We will need to have an appraisal accomplished to
develop the value of the property at the time of the transfer to
husband and wife and the value of the property at the date of
separation and at the present time. The values that are to be
derived from the appraisal will be utilized to assist both
counsel in advancing tneir respective positions as to how we
should view the property, i.e., marital or nonmarital. As soon
as the appraisal is completed, counsel is directed to give a
copy of the appraisal to opposing counsel.
There does not appear to be any issue with
respect to valuation or identification of household tangible
personal property, and counsel have indicated that we will not
need to utilize any values for purposes of equitable
distribution, each party retaining what he or she has received.
However, counsel for husband has advised that there may be a few
items which his client may want to claim and have turned over to
him, and Mr. Walters is requested to prepare such a list if, in
fact, his client is making a claim for any items and deliver
that list to Mr. Sheely as soon as possible.
The only vehicle which appears relevant to the
issue of equitable distribution is the 1985 Jeep CJ7, which is
in joint names and is in husband's possession. counsel for
husband is going to arrange to have the vehicle appraised.
Counsel have agreed that the 1985 Ford Thunderbird is nonmarital
and that the 1987 Plymouth Voyager, which wife had in her name
and was purchased with funds from her family and was ultimately
traded in, is not an asset to be included in the equitable
distribution.
Husband began employment with the Commonwealth of
Pennsylvania in May 1994, and, as a result of that employment,
was entitled to participate in a pension plan. There is a
question as to whether or not there is any marital value in that
plan. Husband's counsel has advised that he believes his client
has deducted from his pay $43.00 each pay period as a
contribution to the plan, and perhaps the best way to arrive at
a value is to determine the number of pays between the date of
employment and date of separation times the Qontribution of
$43.00.
There is a question about the money received by
Mrs. Pass on the lease to the tenants at the property at 1455
York Road, Monroe Township. Mrs. Pass, as previously indicated,
has advised her counsel that she gets $100.00 a month from that
property; however, we do not know who is responsible for other
costs involved in maintaining the property, and Mr. Sheely is
requested to determine if there i~ a lease for that property and
to provide Mr. Walters a copy of the lease. If there is no
lease, then Mr. Sheely is to verbally inquire as to the specific
IIIIl"II,',11 fW'('rlllnlr';', rr
Butcher & Singer
STATEMENT
",'I r"";llId1n l\ll'1rrr, nWHMOIlt) 1.1/1 ~'~l!)
-
-
WVOl 6635-052"
208.~2-~230
INVESTMENT OBJECTIVE
cROWTII
YOUR fiNANCIAL CONSULTANT
II C WATKINS
10 11 MUMMA MAO
WORMLEYSBURO, PA. 110~3
. tl1-731-Ull
ACCOUNT NUMBER TAX I.b. NUMBER
_ . . MAIL TO . -
JULIE L PASS
_ 5410 OXfORD DRIVE
MECHANICSBURO PA
11055.4~'2
fOR THE AccoUNT Dt -. ,
JULIE L PASS
5410 OXtORO oftlvt
MECUANICSBURO PA
11055-4452
STATEMENT PtlllOD
9/01/91 THRU 9/30/91
PAOE
1
VALUE Of PRICED SECURITIES
$91.615. II
ACCOUNT SUIolMARV
NET CLOSINO BALANCE TOTAL MONEY MARKET
$51.181.18
TOTAL ACCOUNT VALUE
$148.196.89
MONEY MARKET fUNDISI OPENINO BALANCE CLOSINO BALANCE
TEF TAX EXEMPT FUND 56,199.91 51,1BI.18
TOTAL MONEV MARKET 51,181.18
INCOME AND EXPENSE CURRENT PERIOD VEAR TO DATE
CASH DIVIDENDS CREDITED
MUNI INTEREST CREDITED
TEF DIVIDENDS CREDITED
AVERAGE YIELD ON MONEV MARKET
812.24cR
.00
169.63CR
8/16/91 TO
4,$44.22CR
1,096.38CR
204.01CR
9/16/91 3.921
SECURITIES ACCOUNT ACTiViTY THIS PERIOD
TRANSACTION QUANT ITY DESCRIPTiON DEBIT CREDIT
9 10 DIVIDEND AMERICAN ELECTRIC 61.20
POWER INC
QUANTITY 112
9 10 DIVIDEND EXXON CORP 145.04
QUANTITY 1112
9 11 1 OIYID!N!r ---lll9 :8$-At I HVEST!trfn1 hl.NII h, _.- ----..---------" -..."
AS OF 9/16/91
9 11 PURCHASE TEF-TAX EXEMPT fUND 1.0000 812.24
LONG
SHORT
CURRENT PORTFOLio
OESCR IPT' ON
EQUITIES AND OPTIONS
EXXON CORP
fiXED INCOME SECURitiES
NUVEEN TE UT TR 1181 5
PA TR-SEMI ANNL PMT
.--CONTINUED ON NEXT PAOE-..
PRICE
VALUE
2
1112
59.5000
66, 16~ .00
.
2
239
106.4900
25.451.11
~
'.0100t
rfil('f.q ;AAV OIFrER inOM CUnRENT MAnKE'- aUOTES:-COMPU,iA,iED PAICINO-SERVICE$A"RE OF"fEN UNABLE 10---
surrl, Y UP 10 IIIE MINUTE 1~IFOnMATION_ pmen AnE I'ROVIOEO ONL Y AS A GENERAL GUIOF. TO PORtfOLIO VALUE,
.,," '...."..UM? ,nn",".,ao ,."n"MUION. PllASF SEE REVERSE SIDE
__ Butmer&Singer I
STATEMENT
tot lAST IY"D ,",lIT. "ICHMOHO, VA 23Rl'
-
-
WY07 663'-0'24
208-'12-'1230
INVESTMENT OBJECTIVE
GROWTH (RE7URN EMPHASIS'
YOUR 'INANCIAL CONSULTANT
II C WATKINS
1017 MUMMA ROAD
1I0RMLEYSBURG, PA, 17043
I' 717-131-8211
ACCOUNT NUMBER TAX 1.0. NUMBER
-
_ - - MAIL TO - .
JULI E L PASS
_ 1288 BOILING SPRINGS ROAD
BOILING SPRINGS PA
17007-9679
- - rOR THE ACCOUNT or - .
JULIE L PASS
1286 BGILING SPRINGS RoAD
BOILING SPRINGS PA
17007-9679
8TATEMENT PERIOD PAGE I
10/01/91 THRU 10/31/91 1
1...111...111".11...1...11.1...11..1...11.1...1..11
ACCOUNT SUMMARY
VALUE or PRICED SECURITIES NET CLOSINO BALANCE TOTAL MONEV MARKET TOTAL ACCOUNT VALUE
$93,301.01 $41,0"_.6,DB . $'2,271.36
ACCOUNT BALANCEIS) OPENING BALANCE CLOSING BALANCE
CASH ACCT - TYPE 1
MARGIN ACCT - TYPE 2
NET CLOSING BALANCE
.00
.00
1'0.61CR
41,186.32oB
4I,035.6,oB
MONEY MARKET rUNOIS)
TEr TAX EXEMPT rUNO
TOTAl. MGNEY MARKET
OPENING BAL~
'7,161.16
CLOSING BALANCE
.00
.00
.00
.00
1,0.67CR
9/17191 TO
194.1808
VUR TO OATt
11,844.22CR
1,01'6.38CR
3'4.14CR
10/1'/91 3.99:1
194.1808
INCOME AND EXPENSE
CASH DIVIDENDS CREDITED
MUNI INTEREST CREDITED
TEr DIVIDENDS CREDITED
AVERAGE YIELD ON MONEY MARKET
MARGIN INTEREST CHARGED
CURRENT PERIOD
SECURITIES ACCOUNT ACTIVITY THIS PERIOD
TRANSACTION QUANTITY DESCR IPT I GN DEBIT CREDIT
--:-.
10 10 1 SAU TEr-TAX EXEMPT rUNO 1. 0000 57,181.16
10 11 1 CHECK Issum C'tECK ISSUED '26103370 '7,161.76
10 11 2 CHECK IS5um CHECK ISSUED '26103311 40,992.14
10 l' DIVIDEND TAX EXEMPT HONEY 'UNO 1'0.67
10 30 2 MARDIN INT INTEREST 09/21THRU 10/29 194.16
-..CONTINUED ON NExt PAGE---
,
:UtOM
'''ICII MA':' DIP,." '''OM CUR"INT MARIeIT ouons. COM'UlIR'ZID '''ICING II"VICIS A"I O'lIN UNA.LI TO
SU""L Y U, TO THI MINUTlIN'ORMATlON. ''''CIS ARI '''OVIDID ONLY AlII OINI"AL QUIDI TO '0""0\.10 VALUI.
IUf''HI'' 1"Nal" " .. DIVldlON 0' WMI"'. PI.-t1I1CU"ltll!l, INO.. .IM"" MI. '0"" "OCMI '~CH.Na' "NO ....0
,
J. en GOt
__ Butcher&Slnger I
STATEMENT
lOt !AI' IVRO mnT. RICHMOND. VA 13211
-
ACCOUNT NUMBER
WYOl 663'-0'24
YOUR FINANCIAL CONSULTANT
Ii 0 WAlK INS
1017 MUMMA ROAD
~~RHlEYSBURO, PA, 17043
1\ 717-731-8211
TAX 1.0. NUMBER
208-"2-4230
INVESTMENT OBJECTIVE
OROW1H (RETURN EMPHASIS)
- - MAIL TO - -
JUL IE L PASS
1288 BOILING SPRINGS ROAD
BOILING SPRINGS PA
17001-9619
- - FGR THE ACCOUNT OF - -
JULIE l PASS
1288 BOILING 8PRINGS ROAD
BOiliNG SPRINGS PA
17001-9619
STATEMENT PERIOD PAGE
10/01/91 THRU 10/31/91 2
CURRENT POR1FOLI0
LONG SHORT DESCR I P1I ON PRICE VALUE
EQUITIES ANDUPTloNS - - - -
2 1112 EXXON CORP 61.0000 61,832.00
.
FIXED INCOME SECUR I flES
2 239 NUVEEN TE UT lR 1181 S 106.'900 2',41'.01
PA TR-SEMI ANNL PMT
VALUE OF PRICED SECURITIES 93.301.01
STATEMENT OF IN1EREST CHARGED
FOR PERIOD 9/27 THRU 10/29
NET BALANCE ALL BALANCE IN MARKET VALUE ADJUSTEO NUM INTR INTEREST
MARGIN ACC1S CASH ACCOUNT OF SHORTS DEB I T BALANCE DAYS RATE CHARGE
10 11 40,992.14 .00 .00 40,992.14 5 9.000 ,1. 24
10 16 40.992.14 I'O.OOCR .00 40.842.14 14 9.000 142.94
TOTAL 194.18
_.. ~-- ------.----.
.
THE RECENTLY-ISSUED VAN KAMPEN MERRITT CLOSED-END
MUNICIPAL FUNDS ARE PRICED AT NET ASSET VALUE AS OF
10/31/91. A PUBLIC MARKET QUOTE WILL BE REFLECTED
WHEN THE FUNOS BEOIN TO TRADE ON AN EXCHANGE.
---END OF STATEMEN1-.-
'"'CII MAY 0.,'111 '"0M CUIIIIINT MAIIKEr QUOTI!. COMPUTlIIIZED ""ICINO Il!IIVICI!I A"I onlN UNAIlI TO
IUPPL Y U, TO THI MINUTlIN'OllMATION. '''ICU Alii PIIOVIDID ONLY AS A OINIIIAL OUIDI TO POII"OLIO VALUI.
IU1CHU' SINGI" III OfYl110N 0' WHI...T. '1IItil' llCU""''', fNC.. "IIIIH" Nt. YOM "04:1C '.CHANG' AIlIOIfN
, . ,..l~,,_, ',"
..\....,...~_lt'!'hh..."h..iO>t~~t,'v,ttJ.;IUfW.j!$~f'i'hr~lJ .,;,t~tl'\""t_'l~
,~'
.lull 20
3 It. '" 'I
'Ii
I",
l ,i' Or flll~, .
OF ~ ,i, ; "l,\~O~.!iY"
nUI'H'HlAIlO ("Ill
J ~f~tiljtl 'JA~I~
,','<
",
",
,/
'..
'~JI
''':t\?\~n
\~~\ll'-
L,\ ..1_
1I,.,
"~I"U~I,I4i.,1Ir"~U~~~~i.jii,rr1\l"""'''''T~'^,,,.......''''..n'-'''''~.~f!i'fI.II_'f'IM'~'-I*'
~,
T_I~II4.I-"""'-'.
. \ '.,-"
"
H'
'1"
"
- ,;
,il
,],
'~
.
.
,
I'
..j'
','
.'
"
,
"
,
..,
.' ,
.....-
,.
..---.4 L
_... .,
'.
.
,
,
,,'
,
__UI~)XVlI '....UIA)
, It04I V,I"OVnll$OINVHmlW
, , J.lI'IVJ,I NIVW .l8V1l lot
, , ~V"lJ,VlAlOOIou.V
IYWOIfJ. 'XlYW 11
III '1nIIJ. 'IV A\ 'lI13lnltlW
'd /,
u'
,I
'.',
;i I
,,'d 1)1
,
,'I I"
:"~;'1~,i* "
" ," ,',
I,
I,
,
0,"
I;"!
'I
'I
~ r,""
,~ r
"
I,'
","j."o, ":;'
," ,
II Ji"'.lUWc"il~i~-,." j..""'N1~"",-.,L ~ .,.t':j-.". >,_1,-.. .,,,-.
I.,.
.--...... ."".....,...",<,..;,
....
:1
'{
\
1
,
f
}I
" ,
,,~1
I
,I~ 1 '.1
I
I
,O'':'j
"'.-
I.
h',
,I I
,,1,1
~. ,I
I,.
II. EXPERT WITNESSES:
Plaintiff reserves the right to present expert testimony from
apprai.ers concerning the values of both parcels of real .state.
III. NON-EXPERT WITNESSES: none
IV. LIST OF EXHIBITS
Appraisal for 1288 Boiling springs Road and appraisal for 1475
York Road.
V. INCOME:
Gross Pay Per Pay Period:
Federal withholding....... .............
social security.... ....................
Local Wage Tax.........................
state Income Tax,......................
PA Unemployment compo Tax....,.........
Retirement................. ............
Health Insurance.......................
Other (specify)
Net Pay Per Pay Period......................
Monthly Net.................................
VI. EXPENSES: Bee attached.
$ 867.75
$ 94.23
$ 66.38
$ 8.68
$ 24.30
$ .95
$ 43.39
$
$
$
$
$ 629.82
$ 1.259.64
VII. PENSIONS/RETIREMENT BENEfITS: Commonwealth of PA (husb~nd)
started May 1994
VIII.
COUNSEL fEES: No request has been made for such payment.
other child support/alimony
paymenta $
other (apacity) - rent $
Total Expansea $
$ $
$ 450.00 $ 5.400.00
$ $16.208.00
, ,
~
i u i ~ fl
...
Gl ... ~ t a J:l
fl ~ [ ~ a
... ~ ~ .....
III .....
.... ~~l~ r- III
0 ... .. N
'0 ~ ~
VI
III
J:l
[ ~ olI Q) ! !
:I~.g J:l
0 0 g
~ J:l J:l
21 ~.~
fl 0
0
.... 0
:t .
0
~ VI ...,
~~ ~~ ~QI
.....
! ... Gl .r-
~""~J:li >C 0
~] 2!.~ 0.... 0
0 ... 0 0 CI
~ j III ~ l:lo . CI
III ... J:l 0 0 l:loell ., .,
~o<o l\ll\l ~ ~
VI
Q)
VI ), ~
8- .... J:l
....., Q)
~ l\lQl ell
VI al 0..... Q)
.... ... r- ...
~ ~ ... ~~ l:lo
... ~ I .,
Q),Q ... QI ., ell
~l\l1/l0 ........ QI ......
21'" l\l J:l 8.~ ..... CI
... ~:t.... QI ...
0
... ... ...
Q) Q) Q)
fl ,Q ~
... ell g-
Q) ~... ~ ~
I/I~ 0 011 1/1 1/1
.... !l\l~ ... ... ...
0 .... 6 6
1/1 z~21 ::l
QI "'",
.... Q)
~ 8' 0
....
~ ... ~
... ~eII ~
,.Q 1/1
l\l VI ..."
... ... ... Q)
~ 0 ro.... Ii! '0
....~ Q) ...
~ 1/1....... ~.Q ..... 1/1
.... !lIlal l\l 0 l\l Q)
l\l Q)~ ell ,...
....,... j~ ... ...
1/1 zoo > ro.
~..
.~ al
~o ell
s:: i
II
~.8
~ ~
It: 8"
....1/1 0 ),
!~ ... ~ U ell III
~ ... <oW U
..... J:l g
g .~~..... ~
tO~ ...~ ...
..... 0'1II al
., 1/1 ... ,...
0 ! ~ ~8 tJ
10
I ~__
,
~,',;. I
'\rl";":~;"'j( i "I,!
t~Yl'~;i ,"
~;;t,j:~;_) ~ i
;ij'~'i,' "
i~~,-,t;~J-:' ;;1,
i.\-l"": '
M~':'! ~"'~ ~.'-,'"
~_."r, -,te (II
t~j~{,\g,:"",
Le'N'.
~\\!i-,,; I 'j
Id' '
,',1",'
\ If.:'
~!~!IJ;Cli/
i1t"1,:;, .
):';1" ;',)
~::i/'"
f"" it,:,
1,' "e
,i))",\i,
1"-
"
......Cm)XY. ....(.411)
ItQj I V' 'OVOSs:lINVHOllW
J.8lIlIJ,S NIVW J.SYlI Ii
1AY1 J.V SA3Nl1OLLV
IVWOKl nvw 11
.,.'tnI'lIJ.'IVA\ 11 13l1\1nw
..
,
,
:r'"
'I
"
, ,
I;.,"
,
"
'I.
, ,
,
"
"I,', II;
'I'
,
"'I
,
r,j
"
.,
,
"
,
, I .
, . -. '
,&-/1-,95
/l,1
II,
i'
r."
'Ii
"
,
, "
1
,
.
I';!
1'1,;
'J!
"
',I/-'t I!
I',.;
.,
!.'
'" _. 'a" .-"..-.~"",_"
'/l
j
,I
J
I
,
I ,~
"
" ,I
.,
{"
(',
~" ,
1,./'
,1,'
IZ,'-'
,I
.'
I
"j
, ~'rr"
.,
,~;~T I
1,1
r
h,
f
"
,
"
,
~
j
.
"
,-
..
A...T. or PARTI..
Defendant marks on the list below those items applicable to the
ca.e at bar and itemizes the assets on the following pages. If an
item has been appraised, a copy of the appraisal report is
attached.
(X) 1. Real Property
(X) 2. Motor vehicles
(X) 3. stocks, bonds, securities and options
() 4. certificat$s of Deposit
() 5. Checking accounts, cash
() 6. Savings accounts, money market and savings certificates
() 7. Contents of safe deposit boxes
() 8. Trusts
() 9. Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
() 10. Annuities
(X) 11. Gifts
() 12. Inheritancee
() 13. Patents, copyrights, inventions, royalties
() 14. Personal property outside of the home
() 15. Business (list all owners, inCluding percentage of
ownership, and Officer/director positions held by a
party with company) .
() 16. Employment termination benefits - severance pay,
workman's compensation claim/award
) QI
E~.~
III ~
.~ ~
~
t +I
~... ~ 0 0 Cl
j O'j
lot
0 oW
~ U+I
III Cl ~ .!~
i. Cl 10
...~ Cl en >-0
~B 00 - .... III U
.... 'i N ., g.~
Ul+l V) ....
>~ IIlUU 0
IIlQl <~ >c 0 +I~
A:1 QI QI 0 ., 'M ('.
~tll I-t 0 It
Ul3 8: -
i~ III ~ 0 M ::I~
>- U III V>
UI:J 00
fig QI... 00
::I 0 1010
.8:t ~ ~ . - -
III Q) 0 ,&, ......
>- +I'M MN
lot III 11I+1 V> V>
o Ul IotC'M 0 0 0 >-
0 Ul 0 0 Cl .0 >c >C
lot.... ....... 0 0 10 g. 00 ('.
~fi t:off - - - .... I-t I-t
M '" ... M 8:8:
0 o UI en en .,
.... cv UIll< V> V> V> V> III III
QI+I
A: III
u'O
.... QI
ifi ~ M
~... 0 ~'"
.... M en Ill-
.... 0 +I '" M (I() ... ::II
>-UI ....... .... '" ..... en ag; ('.
OUl 0 .... N ....
+111I .... M 10 M 10 Ill-
I-t ~ff
8.~
00
I-tUl c<
Q,I-t I-t lot lot I-t
~8. QI Q) Q) Q)
:JI-t A:Q) .c: A:Q) A:Q)
Q,.... 0. 0..... o.'M
.... Q) O~ 0 O~ O~
iotA: ~UI +1::1 ., +1::1 +I::l
I~ UI ~ lot UlI") 1Il UlI") UlI")
! III Q) 'M Q) Q) 'M .... ....
~.. ~ III lot ~.. ~..
~>- ~~~ III .c:
~~ U III UI U U U
11I11I
11fi ~<
UI.... 0.
.... :J UI Q)
~ 8: lII- UI
I-t III
+10 ~8' '0 Q)
i~ III ... ~
0\.... o III ;] c~
~>- ~ lot ~Q, Ill.,
.St .... 0. ,",0
::~ ~Ul .-: - 0. 0.- ~
t8. .... lot cv ~ 10
.!~ ~8' 0,", c
.... 0 >Olll I") o III
> lot I-t .... .... .", +I III UI
.... uc. (I() ~. 10,", 10 lIIlII +I ~
'E III (I().... ... ~ co C Q) ...
~~ ;::~ ""Ill '" Q) > .... .!
'M MU '"' 0..... lJ
=
3-
.s: ~
0
:>. tlti:l~
tl
~J Bj~ ~
Ill.... +I t:
is' aOIll
....
~~ ....
... 0
o ~ H
Q/ Q/
O'1H l;lg~
tg,
:>. ~
0'1~ ~~t:
III
'O.~ H 0
~~ ....Q/ 0
0... 0
::. Q/ .... VI .
~O:l~ \l)
C7\
:3'2 III VI lilt: VI>
8,t > III 0
VI~ C
tlVl ....0 0
0.... 0
.as III +I 0
Hill Q/.... .
o +lVI \l)
Q/ "'.... C7\
HI: +1:308- VI>
o tl 11I0'1
~.! Bill....
>00<
tllll ...
....~ -"Q/ M
tl'f:i 0'" C7\
VI .....
Q/C III
.&::.... +I'"
.~i 3t:
i1
g C7\
.S CIO
.... .....
I: +I III
Ii ........
OVl ~
....
:l~ H
8:
~! 30< III
H
:::0 Q/
Ill:>. VI ..",8'
.i . ... ~ri
+I I....J
.!l tl
0'1.... .0 ~ ~
:.
.,
j; .
g ~i
....0'1 :>.
!i ... t:
.,.... ...1.1
.... .~o f n
>
.... j ...
'8 llo
....
Z.COP UIJ) .1..... .TAT....., O.
caaZI'l'On.a II. 'H'
INCOMB
(a) Wages/Salary
Employer , Address:
Office of the Budget, Transportation Comptroller
Room 819, Transportation and Safety Building
Harrisburg, PA 17120
Job Title/Description: Financial Programs Trainee
(Auditor Trainee)
Pay Period (weekly)
Gross Pay Per pay Period:
Federal withholding....................
Social security........................
Local Wage Tax...........................................
state Income Tax............................................
PA Unemployment Compo Tax..............
Retiremer.t..... ...... .. .. .. ...... .. .. .. .... .... .. ...... .. .. .......
Health Insurance.......................
Other (specify)
N.t Pay Per Pay P.riod......................
Monthly Net.............................,.......................
$ 867.75
$ 94.23
$ 66.38
$ 8.68
$ 24.30
$ .95
$ 43.39
$
$
$
$
$ 62g.12
$ 1.2!5f.A6
(b) Other Income:
iiU.k. Monthlv :au:
Interest/Dividends $ $ $
Pension/Annuity $ $ $
Social Security $ $ $
Rents/Royalties $ $ $
Expense Account $ $ $
Gifts $ $ $
Unemployment Compo $ $ $
Workmen's Compo $ $ $
other (specify) $ $ $
Total, Other Income $ $ $
Total,Monthly Income $ $ 1.260.00 $ ~5.120.00
EXPENSES
tiU.& Monthlv be
Home:
Mortgage $ $ $
Maintenance $ $ $
Utilities (telephone, $ $ 85.00 $ 1.020.00
heating, electric, etc.) $ $ $
Employment:
(Transportation, lunches) $ $ 30.00 $ 360.00
Taxes:
Real Estate $ $ 91. 00 $ 1.092.00
Personal Property $ $ 16.00 $ 192.00
Income $ $ 132.00 $ 1.564.00
Insurance:
Homeowners $ $ 33.00 $ 396.00
Automobile $ $ 22.00 $ 264.00
Life/Accident/Health $ $ $
Children's Life Insurance $ $ $
Other - Business Ins. $ $ 30.00 $ 360.00
Automobile:
(Payments, fuel, repairs) $- $ 50.00 $ 600.00
Medical:
Doctor, Dentist,
Orthodontist $ $ $
Hospital $ $ $
Special (glasses, braces,
etc.) $ $ 8.00 $ 100.0Q
Education:
Private, Parochial School
coUeqe
!I.I.k
$
$
Personal:
Clothing
Food
Other
Credit
$
$
(household supplies, $
barber, etc.)
Payments and Loans $
Miscellaneous:
Household help/child care $
Entertainment (inc. papers
books, vacation, pay TV,
etc. ) $
Gifts/Charitable
Contributions $
Legal Fees $
Other child support/alimony
payments $
Other (specify) - rent $
Total Expenses $
PROPERTY OWNED
DESCRIPTION
Checkinq Account:....... Commerce Bank
Savinqs Accounts:.......
Credit Union:...........
Stocks/Bonds:........... various
Real Estate:....1228 Boilina SDrinas Rd.
Boilina SDrinqs. PA
14 7 5 York Road
Carlisle. PA
other:.................. LV.hie18.
Total Property
Monthly XU1:
$. $
$ ~ $
$ 50.00 $ 600.00
$ 50.00 $ 600.00
$ 20.00 $ 240.00
$ 200.00 $ 2.400.00
$ $
$ 83.00 $ 1. 000. 00
$ $
$ $
$ $
$ 450.00 $ 5.400.00
$ $16.208.00
VALUE aHRIIIP
H H i1.
$ 100.00 X
$
$
$ 70.000.00 X
$100.000 + _ _ X
(awaltinq appraisal)
$100.000 + _ _ X
(awaitinq appraisal)
$ 8.000.00
$265.100.00
~ 1
~bt~
1.l.L'J".I[;1 OF l][[uS
'oU::"L::L,',t,J cOUtITY-PA
1Beebn;'1 5
Arl 8 56
,.'.lIf WIIlllIlII, 1"'...1. tihlllL hHlh. ^cL "I JUIIU. hllllll.. blU'.l.
11..." HAil, 11111.. InoJhul.., 1'.,
MADE THE 0 Lf. --'ft/
of our Lord one 'houland nino hundred
day of Ih:lttvl
ninety-three <19931
In 'ho yoor
BETWEEN
JOHN L. RENNINGER and SANDRA L. RENNINGER, his Wife,
Grantor ,
and
JULIE L. PASS and CHRISTOPHER PASS I h,n HUllband,
Grnn'.. ,
WITNESSETH, that In canlldorallon of
On~ Dollar <$1.00)
In hand paid, 'ho rec.lpt wh.r.af II hor.by acknowl.dg.d. the laid grantor 11 do
convey to 'he loid gran I..
00110",
h.reby grant and
ALL THAT CERTAIN traot of land with the improvements
thereon ereoted situate in Monroe Township, Cumberland
County, Pennsylvania, bounded and described in accordance
with a survey made by Thomas A. Neff, Regietered Surveyor,
on November 22, 1968. more particularly bounded and
described as follows, to wit:
BEGINNING at a spike in the inters~ction of the old
center line of Pennsylvania Route No. 74 leading from
Carlisle to Dillsburg known as the York Road, and the old
oenter line of Pennsylvania Route No. 174 leading from
Village of Doiling Spring to the Village of Churchtowni
thenoe from said spike at thp. place of BEGINNING along the
old oenter line of said Pennsylvania Route No. 174 and
oontinuing through said Pennsylvania Route No. 174, South 70
degrees 35 minutes 40 seoonds West, a distanoe of 586.22
feet to an iron pin on the Northern side of said
Pennsylvania Route No. 174; thence along line of land now or
late of Evelyn Kilmore, North 28 degrees 45 minutes East, a
distanoe of 276.71 feet to an iron pin; thenoe still along
said line of land now or late of Evelyn Kilmore, North 4
degrees 15 minutes East, a distance of 275.55 feet to a
spike in the old oenter line of Pennsylvania Route No. 74
known as York Roadi thenoe along the old oenter line of said
Pennsylvania Route No. 74, South 50 degrees 53 minutes 10
seoonds East, a distance of 512.70 feet to a spike in the
old oenter line of Pennsylvania Route No. 174, the plaoe of
BEGINNING.
CONTAINING 2.587 acres and improved with a frame
dwelling house, frame gasoline servioe station building and
other improvements.
BEING THE SAME premises which Estella A. Matteson,
Widow, by her Deed, dated July 10, 1991, and r~corded in the
Cumberland County Recorder of Dep.ds Office in Deed Book
35-F, Page 953 granted and conveyed onto John L. Renninger
and Sandra L. Renninger, his wife, Grantors herein.
UNDER AND SUBJECT NEVERTHELESS, to the public rights of
way of Pennsylvania Route NO, 74 and Pennsylvania Route 174
as shown on the draft of Survey by Thomas A. Neff, dated
November 22, 1968 and rE!cordp.d in Deed Book A, Vo 1 umE! 23,
Page 260.
AND tho laid gran lor ....by covenant and ogr.. Ihal they and .ach 01 thorn will warran'
sped ia 11 y tho propol'ly h...by canvoyod.
Thle oonveyanoe ill trom parente to daughter and ie e~empt
from Pealty Transfer Ta~ ILabLILty
ll')I" ('Jli 1,,11. [)53
IN WITNESS WHEREOF. I<Ild urania,.. IICI ve hu,uunl~ /ut the i r hand a and .oala
I }, ./
... .., ':~,,:t~::~:~;:.;:::':;' ; . J~~N1:jf.~~~t!'__mm_- ~
/7(~ ~~g..~--A /7) u'r'A-1.1J '~"'~"')"t4""""'c.""i1:';_":":":;;"""':''''''''d'''''''''''':':.....~~
...........................V..f. ...-. ...~'--.........r... :"!....~' \ \<.' ~I' '~? " 1, ~t1.W?. 0,1 . '.'L
{,. , "'\. ,.!tX oJt ~C' . .~"R 1/ .4".;- ................. -
........!.....tr..P...:::.(~...liJ.d:~ "_'_" ............_.__............................................................ ~~
Slalo 01
PENNSYLVANIA
} ...
day of Ih~~
, 19 ')3, boloro mo,
Counly 01 CUMBERLAND JJ.
On Ihl.. tho C) '"7 ...GI10
the unfJ",ufgned offlcor, p'rlonolly appeared
JOHN L. RENNINGER and SANDRA L.
RENNINGER kt, ~~v-<l<<,t '.,
~nown to mo I of ,otl,'octorlly proven) to b. the persona who.e nome a a re .ub"wl.~...~: J9'.!h~ 'WI'h.
In l","um.n', anu acknuwl.doe" 'hot they execut.d 'am. 'or JurpO,U',hl"erfTllLhteUC'ed,'"
~ 'I.'.'" I\l.\S . ,,'
IN WITNESS WHEREOf, I her"unto set my hond Ot 0 dial seal. ,''''j,;_",.. ,..... .:......,..
" ~.,,~... ~"'l'~'"'' .;',
~ ~ ,I ~~. _
.." . .... ...,... :'t.;1.D...~
rl1:.rt~ S,,,!. ,I .....:..~I.... 'l~
I-ENRYFrfw .,~ I ..
'''''lINE:: ,Il}l/.; It;' r.. /1'1" . .', .,~" ,\ ,\). ,,::
LlIl.llnn.~, ,.-;"..~, . .' 0' \. .
....~I't.TW~.F,t,Jf.'tmrlt:17ln.rAr'.'..""" '~"'~I)".v;,,'''' ':.;j".';,~~'''. ..~
AlYOOI.l\lISSlOlIEllF1f1f'dJliNE II. ID~; Itlo"~':.~f~,.;':":.\
, '"1'''
t/J do .horeby co'tll1. Ihgt Ihe prec~A\'~~idenco orvl-. comp oto pOll om,o oddro.. of
th. within nomod orfl>nlo. II I 2. It& IJeu.J.i/l'1 ~"1yr-("'~4 f'4 . / r.Jc:J--<LJ''''1
~";~ I ~~, '13 ~16i:1}Il:L I,(j",<~_...
Attorney lor ...........~{lAt..~....._........... ........ ........
( AJ Cl .(l;:;t~ ~J(Jrt'lA.eJ{.)
~
~' \ /::) ~
Z
~" c.; -<:
t. c.; 0::
,- ) Fa Q::;
<
~
COMMONWEAlTH m PENNSYlVANIA
Counly 01 ...~.':J.!Yl\.~~:"...V}.~~....................
t..
.... J
. .... ~.:.~,,'."'" -;: ',,",
'. ." ,'"'\ \ 'j ('~ ,... ,..' ."
'1'1,' ;" r (\ ~ ~
.',. '.1 . ....... .
." t.:' .
.... ..
RECORDED on 'hi, ......
.. . t! 1
.. )
............ day 01 !..'.:/.L:./'..............................
.....-..........-.......,
. " I
t.:. . ~ r r
.
..
,
'" ""l-.""
)\''',1
.
.
. .
,"It,
(, ,.'
A. D. 19.....:/....,. In the Roco,do,', ollleo of tho .old County, In Dud look (:
-) .. ~. ,
~'(" ' I
.. ...... '" paget .... ...~;".Hl~..'
'.
I . ~
Vol. ..
'.. t'.
.... -,.
Glvon undo, my hand ond the '001 0' 'ho ,old omco. 'ho dalo obovo wrl"on.
. '~~~oJ'Z;t?7.....d?-t!ts>>rdo,.
/" r/
ili)~'. (' 36 r,\li aM ( .
". ,,;. r','.I'
, "I,) '..
.. . . ~ , .., . ~ .... ~
-_, - ~WA.t\l\A.NI'" mtu
w:
...
t~
~ ~~b
.,
~ll~l' till' ;4 0 t1:=
Lord OIlP thoularHI lIille IllIrHlrpd .",eI
eI.lyof N P'- I /
aighty-nine (1989).
ill rhe year of our
ltL'thll'l'1I
{
party of
VILLl\Gi:: 01." NO({i::Ll\ND, INC., a Pennsylvania Corporation,
the fir>lt part, Grantor
l\ND
JULII:: L. IlruNNINU~;H. L1iu"l.;> l'Cl'OOU.
party
of the second part, Grantee
~lih'l'91/ll't11' that the said p",tY of tilt, fint, parr for i/llll III wmider;ltion of the sum of
Ninety six 'rhousand .Hx Hundred 'rnirty and 00/100 ($96,630.00)----
Dollars. lawful mOlley of the United 5tatel unW it weil alld truly paid hy rhe said
parrieslf rhe second p",r. the receipr w/lereof il herehy acknowledged. do herehy gralll.
bargaill. sell. aliellellfeoff. release. wnvey illHI cOllfirm unto the s.lid p.Jrties of the Il'cond
. a"
part. their twirs ,Jfld A\ligm.
ALL THAT CERTAIN condominium unit situated in village of
Moreland, A Condominium, Lower Allen Township, Cumberland
County, pennsylvania, being designated as Unit No. 5410 in the
Declaration of Village of Moreland, A Condominium, dated July
20, 1968, recorded July 22, 1966, in Cumberland County
Miscellaneous Book 352, Page 454, and the Declaration plans of
Village of Moreland dated as of May 30, 1988, recorded August
3, 1988, in cumberland County Plan Book 56, Page 6, and First
Amendment to Declaration of Condominium for Village of
Moreland, A Condominium, dated March 2l, 1989, recorded March
22, 1989, in Cumberland County Miscellaneous Book 36l, Page
1l15, and Amendment to Declaration plans of Village of Moreland
dated as of March 8, 1989, recorded March 22, 1989, in
Cumberland County Plan Book 57, Page 107, under the provisions
of the Uniform Condominium Act of the Commonwealth of
pennsylvania (Act of July 2, 1980, P.I.. 266, No. 82).
TOGETHER with all right of title and interest of, in and to the
Common Elements as more fully set forth in the aforesaid
Declaration of condominium and Declaration Plans, as amended
from time to time.
The Grantees, for and on behalf of the Grantees and the
Grantees' heirs, personal representatives, successors and
assigns, by the acceptance of this deed, covenant and agree to
pay such charges for the maintenance of, repairs to,
replacement of and expenses in connection with the Common
Elements as may be assessed from time to time by the !xecutive
aoard in accordanCE! with ttle Uniform condomillium Act of
Penllsylv~nia; and further covenant and agree that the unit
conveyed by this deed shall be subject to a charge for all
amounts so assessed and that, except insofar as applicable
Sections of the Uniform Condominium Act, may relieve a
subsequent unit owner of liability for prior unpaid
assessments, this covenant shall run with and bind the land or
unit hereby conveyed and all subsequent owners thereof.
II"'"
""1 r.rr. ?i?
...... .....
QIlllllllll1\lIlIL'llltlluf lh'"1l6Uhlllllill
16e.
QII1Illltlll1f D,.uphin
On this, Ihe aD fh eI.IY o( (( P It l. O'
II Notacy publ ic, till' III1e1N.,iglll'c/ 0((11"", fll'rWII<llIy
appe<lred GooC<Je J. Adams, Pcosid<d.lt of Village of Moreland, Inc.,
a pemlsylvania Cocpocation, KIIOWIIIO "'I' or (,,,Ih(<lclorily
proven) 10 he the penoll W/IOW n,III'" 15 .\lIhscrihl'cl to Ihe withill ill\lrll/lJl'lIt, <I/HI
as such Pf~sident
aCKllowlN/gecl th<lt he / I'xl'nJll'( till' S<I"'I' (or Iltl' I'lIrl'o,,"' thl.rl'in ("olllainl'd, by
~~':J11.k.lJg the name of the coc~ocatio(\ himself as Pcesident.
,Jill ,ilnlihll'~H' ~~lI'l'n'l1f ''''rellnlo 11'1 my ltanel.llIl( o((id,ll wa/.
"o,!-;~~fI a'-fJuM::;,~.;.
My commissi~'I'BIlPrL(/i!3: /":':>._,',.... "-{
I.)' .. c, ' .,. (.-
.i',..' -~, , .;.
. j' \v'.
I ;' ). ~ ().<:
.. :. ,I
\"'~".~ ,"): 'r,"
. ....~. ,.
'. ..' ',"~' ". '.1 .' 1'1 .
..... J1 .. ,',:;'J" , ,':., ,,'
KC' 11,('( ,"l\!.S".'~I~.~~i::j';" )(1
A. D. ./9 89 . hl'(ore me
Nf)ll
PENN" ^. t.lll.! ( j ..h:ir.
UlJrrl!burg ,Oolllph'll (1)(JI!ly, Pol,
My Commlnlon bpi", Dec. 9. 1991
'11';u flT'f (SEAL)
('l c".crcbU \Ll.l'\"h U. lltat.I/'" prl'd,I' rl'lidl'lICe O( rill' Cram!'I'
01../1(' 0'1. G"((( nl\ve.
'-- n U c J J (:ll LI r J b l I. 'I ] . J / h ,. J J lL' f J'.;
( 01,) J l j ~(~ (It
Attomey (or
Jffj~IT
.
. d
': 0
,.t) u;.... .
:Z;>.J 0<:
~ H:CQi tr.!
~ ;1>> t!l
..: 0 2
~ 0:0. H
2;1>> 2
0<(; 0 z
...J .:l:U t.l
< ::w Ei tr.!; 0<:
- n::: rd Q
U - Q 0,.... ~
w s::: ~, :t:: c::
~ ;'"
<J'l :::s r.,,>
~ 0;'-' ~
:>> i
~ wi fJ) ~ ~1
:::s t!l; dO tJ
<C; c >oJ
- .:Ii <U d H ~
.J;o.. '" ...i
HI " ::l {J
>; '" t!l ~
QIlllllllILllllllrnltl1 ,,' Ih'1I116uhlllllill t
() I~-I\l "" diu.
QI"lIl1tU "t\-.W'N'''~ Q" ,
l ." -rh ~ffY... ("q
Recore/N/ on Ihi, 1(:.\ d"yof " \Od A. D. 19 CS 1. in the
Recorder's Office of II"" .1.li<l CfIll/lly in DI'l'd /I(~Ok..V VohlrrJl':) 0. ' Pafo(f' ~I d:,
GlVelllllll/l'r my Ii.mll "1Il/'/'" "'ill ol/h,' .,,11(1 OffiCI'. IIII' d,I/1' "hove Wllttl'lI. '.\
90>>:':.;) ~ .\J"~,
..,
, .'
Reco'u~'
J
~OIJ~~ 33 ,^C( 215
Lr'
1'1
- ,
,-,
.')
H
tIl~
.0:>
~>l ... ..,
... ~ ~ -
l1.tIl ,., III ~ tIl
zsa .., '0 tIl tIl
~ ~ Z .0:
O~ 'J' ,., QJ ~ p.,
~p., (1\ III . ... Cl.E-< ~~jB~
(1\ .... tIl QJ ><:2: .
o . .... p., tIl Q ~~ '"'
U>O .0: X ~~~;~
E-o '"' Cl. ~~ ~
~e5 H H
> . .0:< S 3 ~ ~ S.
0 H Ul . X E-<
E-oU U Ul > ~ Vi ..,
C>:: 0<( i>: X
:::JQ 0 Cl. ~ 0 r,.,
0:2: lJ:> :c U 0
Uo<( CVl . Cl. Z
'"' I(l '"' 0 H
l'-li>: E-o
:C~ ~ tIl
E-o~ H H
z~ '"' i>:
0 ::> :c
HU Z .., U
_ (/I.llm , '/ .r;;.,:,l't.II
EXPENSES I
Week Month Year
(Fill in Appropriate Column)
Home
Mortgage/rent $ $ 0.00 $
Maintenance 33.00
Utilities .
Electric 77 .34
Gas .
oil 150.00
Telephone 92.00
Water 8.48
Sewer 10.50
Employment
Public trans. $ $ $
Lunch
Taxes
Real estate $ $ 250.00 $
Persl. property 58.84
Income
Insurance
Homeowners $ $ 21.17 $
Automobile 22.61
Life
Accident
Health .
Other 59.92
Automobile
Payments $ $ . $
Fuel 50.00
Repairs
Medical
Doctor $ $ $
Dentist
Orthodontist
Hospital
Medicine
Special needs
(glasses, braces,
ortho. devices)
Education
Private school $ $ $
Parochial school
College
Religious
Personal
Clothing $ $ . $
Food 160.00
Barber/hairdresser
Credit payments
Charge account .
Memberships 68.00
In
If')
0<
Z
III 0<
O<~
~>l
"'1Il .... ..,
Z~ .... I: JJi
.... '"
Olol '<I' .., 'tI
~~ 0\ I: I:
0\ .... . III
o . .... III III .... III
tJ>o .... III III ~ III "ll .... ~
i-o ...:l '" 0< ~ 0 0< ~~~~~
~e3 H '" '"
> >0
0 H . . ~ . 3 ~d~
i-otJ tJ 1Il . X 0 ...:l
~ 1Il > i-o
g~ 0 0< I": Z lol
<D ~ lol ~ H
tJO< ...... 1:1:: s; S
...:l In . '"
lol~ ...:l 0 H ...,
1:1::'" i-<
f-olll '" III
z~ H H
0 ...:l I":
HtJ Z ::> 1:1::
..., tJ
, (1(.\'lfI'I , T ,ti;'(,',/ItI!
IN THE COURT OF COMMON PLEAS
CUMBERLAND, PENNSYLVANIA
JULIE L. PASS,
Plaintiff
v.
No. 5360 CIVIL 1994
CHRISTOPHER M. PASS,
!Jefendant
IN DIVORCE
INVENTORY
OF
JULIE L. P~
Plaintiff files the following inventory of all property
owned or possessed by either party at the time this action was
commenced and all property transferred within the preceding three
years.
Plaintiff verifies that the statements made in this
inventory are true and correct. plaintiff understands that false
statements herein are made subject to the penalties of 18 Pa,
C.S. 54904 relating to unsworn falsification to authorities.
Date: \~~~9~'
2 ,,-j~'/
( .--~,' - .-
" ///// " ~
ij JULIE L. PASS
,
ASSETS OF PARTIES
Plaintiff, JULIE L. PASS, marks on the list below those
items applicable to the case at bar and itemizes the assets on
the following pages.
Real pr.operty
Motor vehicles
Stock, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of
ownership, and officer/director positions held by a
party with company)
Employment termination benefits - severance pay,
workman's compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date
plan vests)
Retirement plans, individual retirement accounts
Disability payments
Litigation claims (matured and unmatured)
Military/VA benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a
total category and attach itemized list if distribution
of such assets is in dispute
Other
(X) 1 .
(X) 2 .
(X) 3 .
( ) 4.
( ) 5.
( ) 6 .
( ) 7.
( ) 8.
( ) 9 .
( 10.
( 11.
( 12.
( 13.
( 14.
( 15.
16.
17.
18.
) 19.
) 20.
) 21.
) 22.
( ) 23.
(X) 24.
(X) 25.
( ) 26.
MARITAL PROPERTY
Defendant lists all marital property in which either or both
spouses have a legal or equitable interest individually or with
any other person as of the date this action was commenced:
Item Description of Property
Number
1. 1288 Boiling Springs Road,
Boiling Springs, PA 17007
2. 1455 York Road, Carlisle, PA
17013
3. 1985 CJ7 Jeep
4. 1987 Plymouth
5. Canoe
6. . Porch Furniture
Names of All Owners
Julie L. Pass and
Christopher M. Pass
Julie L. Pass and
Christopher M. Pass
Julie L.
Renninger(Pass)
and Christopher M. Pass
Julie L. Renninger
(Pass)
Julie Pass and
Christopher M. Pass
Julie Pass and
Christopher
PROPERTY TRANSFERRED
Item Descript ion of Date of Considera Person to
No. Property Transfer tion Whom
Transferred
l. 1455 York Road May 4, 1993 $96,630 Julie L.
Carl isle, PA Pass and
17013 Christopher
Pass from
John L.
Renninger
and Sandra
L. Renninger
2. Condo May 4, 1993 $96,630 John L.
Renninger
and Sandra
Renninger
from Julie
L. Pass
3. 1288 Boiling October 15, $97,000 Ju.lie Pass
Springs Road, PA 1991 and
Christopher
Pass from
Donald L.
Westbrook
and Kathy S.
Westbrook
4. Cash, pre.. October 15, $97,000 Donald L.
marital margin 1991 Westbrook
account and Kathy S.
Westbrook to
Julie L.
Pass
5. Cash May 9, 1991 $10,000 Grandmother
to Julie L.
Pass
4 . 1987 Plymouth May 9, 1991 $ 7,500 Julie L.
Pass to auto
dealer
In
t:-'
"", ~
.0:
tIl.o:
.0:>
~...:I
...:1>0
I1.tIl
z$1 ...:I ~J~
'l' .... ..., 0<
O~ 0\ .... Q H
~11. Ijl ..... III ll:
~ .., . '0 f-<
o . Q tIl Q I
t)>O ...:I ..... tIl QJ ~
f-< H III .0: .... ll:f-< '"e _ ~
r..Z > ... 11. QJ I1.Z ~~~~~
OD H ~ t:l !:oJ
0 t) . . tIlX ~ j,l!;
f-<t) Ul X - !:oJ
ll: 0 Ul ;> r..f-< . !"'
Dl:l ~ .0: OIl r..o< .,. -
'"
OZ C"l p.. l"l Hf-<
t)0< lfl tt: f-<tIl
...:I . ~ Z
l"lll: ...:I 0 H l
tt:l>l f-< 0<
F.-o~ l"l tIl ...:I
z~ . H H p..
0 S OIl
Ht) Z tt:
..., t)
.
. (lIdl/l , T '(;;"/</(/11
~
~
A. ~
0
~
A. 0
..,
~ .:
<l.l
:>
H .:
~ ,-<
.:
0
'1j
.:
'"
<l.l
)oj
<l.l
..c:
'1j
<l.l
en
::;
<l.l
)oj
'"
en
)oj
<l.l
~
~
~
'"
en
<l.l
..c:
If-<
<l.l <IJ <l.l <IJ <IJ <l.l
.: .: .: .: .: .:
0 0 0 0 0 0
.: .: .: .: .: .:
+J
3'H :>0 ~
o 0 ~,~
~ ....1
<l.l +J
::; rn +J
,.-; 0 0 0 rn +J
'" 0 r-- U Q III
::- 0 U 0
..... 0 o-i r< 0 U
.., 0 '" 0 0
III .+J +J ...+J LJ) LJ) 0
0 r-- III III . III . 1"1 N
U '" 0 0 r-- 0 r-
v>U v>U v>U V> V> V>
.:
0 o-i )oj'"
'H ,~ H<T\ <lJOO ~ ~
O+J <IJ'" . il~ .
'" .ao-i ... 0'1 0 0
<IJ ;l 0 M <IJ o-i i .:
+Jrl .., . :>0'" U . :>0'" .I<:
'" '" ULJ) "'''' <lJM III 0'1 .:
Q;:- Oo-i :Eo-i Qo-i :Eo-i ;l
H
'0 <IJ
III lIl:E lIl:E :E rn .: lIl..c:
'H H III III III '" lIlo.
o <IJ '" H I~ H .. '" H '" 0
A. <IJ A. <IJ 'O<IJ '" rn <IJ A.+J
<IJ ~ ..c: ..c: >. .:..c: rn..c: III
'a. 'a. 1J"'0. "'0. ' ,~
EO 0--1 0 0--10 0--1 tl1 0 ,~ 0.0 H ..
"'rl +J +J ':-+J .., ..c:
Zrl <IJ III OJ III <IJ'~ rn III <IJ <IJ III <lJU
~ ............ III .........1 III 'M ~ 00...... III .rl ..-1...... III .~
rl .. UJ rlHen rl .: '" H III rl rlH III rl'O
::l..c: '" ::l..c: '" ::l <IJ A...c: '" ;l ;l..c: '" ::l .:
....,UA. ....,UA. ....,~-UA. ...., ....,Up.. ...., '"
r--
'00 .
"'0 <IJ
or-- rl
~rl III
.rl
'H III rl
0 tl1~ H
.: :>0 ':0. '"
.~ U >1
Ou .. '"
.rl .. o.lIl > <IJ
+J <IJ Ultl1 'd ..
0.0. .: '" 0. ..c: ::l
.~ 0 tl1.~ 0 <IJ l.J .J
.. H .: .. p,: <IJ ;l .~
UA. .~ 0. ...., 0 .:
III rlUl .1<:1"1 ~ ..
<IJ .~ Ho-i r-- ~
Q o tl1 00 ...., o-i
<=0 .: ><r- U '"
.~ r' il) ..c:
oo rl LJ) LJ) " 0 U
OO.rl LJ) 00 OJ .: H
N 0 ...~ 0'1 0'1 '" 0
rl<=O o-iA. o-i rl U A.
N
l.J
....1
0 o-i N 1"1 '" LJ) '"
Z
~
~
W
0.
0
~
0.
~ r.
H
i 0
;..I
.:
I II)
Z >
0 .:
z H
.:
0
'0
~
II)
..
II)
.<:
'0
II)
Ul
::J
II)
..
fll
Ul
..
<lJ
11
::J
t::
<IJ
e;
fll
U)
>. II) II) <lJ <lJ <V <V <lJ <lJ <lJ <V <V <V
~ .: .: .: .: .: .: .: .: .: .: .: .:
0 0 0 0 0 0 0 0 0 0 0 0
.: .: .: .: ~ .: .: t:: .: .: .: .:
....
0
;..I
.:
::J .:
o <lJ
!LS
,., 0 0 a a 0 a 0 a a a 0
<V a 0 0 0 0 0 0 0 0 a 0 0
::J
rl 0 <l' a a Lll Lll Lll Lll a a 0 Lfl
fll N <Xl a 0 l' N N '" a N 0 l'
:> '" '" a .... if> if> if> if> N if> .... if>
"- . . . if> if> if>
;..I Lll l' ,.,
Ul if> l' ....
0 if> if>
U
'" '" '" '" '" '" '" '" '"
<Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl
.: . . '" '" '" '" '" '" '" '" '"
0 a a . .... .... .... .... rl .... .... rl rl
.....rl ,., ,., rl
0;..1 '" . . . . . . . . .
fll rl rl rl rl rl rl rl rl rl rl rl
<lJ ::J .rl Lll .rl Lll <lJLll .rl .rl 'rl .rl .rl .rl .rl .rl .rl
;..Irl ..", ..", ':<Xl .. .. .. .. .. .. .. .. ..
fll fll 0.'" 0.'" ::J'" ~ ~ ~ ~ ~ ~ ~ ~ :t
Q:> .o;rl .0;.... ""rl
..
o .:
....0 rl rl rl rl rl rl rl rl rl rl rl rl
.rl fll fll fll fll fll fll fll fll fll fll r~ fll
.: Ul ;..I ;..I ;..I W ;..I ;..I W ;..I ;..I ;..I ;..I ;..I
o ::J .rl .rl .rl .rl .rl ." .rl .rl .rl .rl .rl .rl
Ulrl .. .. .. .. .. .. .. .. .. .. .. ..
fll 0 fll fll fll fll fll fll fll fll fll fll ~ fll
<lJ >< e; e; e; e; e; e; e; e; e; e; e;
~W I I I I I I I I I I I I
<lJ <lJ <V <V <lJ <lJ <lJ <lJ II) <lJ II) <lJ
.. .. .. .. .. .. .. .. .. .. .. ..
0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0.
.
'0
.: Ul
fll ..
;..I 0 .<: .rl
'0 Ul <lJ .. .", 0 fll
.... - - .. ;..I .. <lJ 0 .: Ul .<:
0 Ul Ul .rl .<: ::J ;..I .rl 0 fll 0. U
.:>. 'tJ ..I< ..0 tn W .: .. Ul .<: fll'rl
.: 0 .. .rl .rl <lJ <lJ fll fll)orl 'tJ
0;..1 0 0 <lJ Z .. .: u .: .: E.rl :.: .:
.rl .. (Q W '0 <lJ " <lJ fll fll.o; fll
;..I <lJ - U) .: . Ul ::J ;..I l'l 0. >< I ..
0.0. - ::J .. Ul (1.,'0 .: I II) II)
.rl 0 b .<: W'rl II) .: II) I I I Ul rl r. ..
.. >, E-< .rl 0 .. e; fll e; ..1<.. .Q 0
00. 0. a~~ o .: >:: .: .. 0 II) fll CI ;..I
Ul W .. Lfl o Ul.rl 0 0 .0; <lJII)..I< E-< nj
<lJ E-< 0 <Xl ~ >1 fll .rl .rl U > Q fll .;j ..
Q U '" 8 rl .rl ;..I Ul Ul ~ .rl II) .: II)
.: rl o .0. tn fll .. .rl .rl O<lJ<lJo. II) .. tn
<lJ .: 0'0 .rl !::..c <ll > > I II) 0 0. U) .<: II) .rl
<lJ 0 '0 .. II) .. .rl 0 W <lJ IV .. II) fll 0 .<: ..
> >< " 'tJ1IlE-< > t:: rl rl ~ <lJ~E-<N W Ul ....
::J >: 0 II) .,..j N t:.t.l <lJ <lJ U W -rl fll II)
Z (,I ~ III ~l E-< E-< > U) :.: 3: ~
..
W
..-1
0 ~, N ,., "" Lll '"' r- <Xl '" 0 rl '"
Z .... ~, ....
tIl
E-<
gj
C
~
i
.:
0
C/l ....
j,J ,J '"
.: III r-
QJ QJ k
~Olll N
.:p. <Xl
Ill'rl QJ U'l
P<tIltll <I)
QJ QJ
C/l C/l
0 >..:
fr .....QJ
.~ !t
~ Ctsl
>.
.....
.....'0 .
III QJ rl
~ k '"
'rl k
QJ O1;:l >.'<1'
j,J'rl 0 .....0'1
III k ~ ;:l0'l
COH '"Jrl
... <Xl
0 <Xl
.....
1llj,J <Xl
'rl 9 0'1
j,J j,J '<I'
'rl ~.Cl .
.: QJ .-t
HIllC rl
C/l1 r-
III k rl
III
j,Jp. 0
S QJ ~ <Xl
tIlO U'l
o 'rl .
~"'j,J 0'1
0.11 <I)
""
0 C/l .:l
k
C/l 0 QJ
QJ j,J -rl C/l
e......Cl ..... C/l
l\I ..... 2\ ;:l l\I
z< '"JP<
C/l
"" k
0 0 k
j,J QJ k
C/l 'rl j,J j,J"<:: QJ
QJ '0 III 00 0 01
~..... QJ IVkj,J':
"<::'rl ;:l'rl
z;;;J~ 3ta.CQtIl
... j,J
0 S
.: 0
0 0
'rl 0
j,J>' <
p.j,J
'rl k ~
~ 8- .rl
tll
C/l 0 k
2\~ i!
0
z ,.
until their separation in August 1994, which property is "marital
property".
6. Plaintiff on the counterclaim and defendant on the
counterclaim may have owned prior to the marriage, property, both
real and personal, which property has increased in value during the
marriage and/or which has been exchanged for other property, which
has increased in value during the marriage, all of which property
is "marital property".
7. Plaintiff on the counterclaim and defendant on the
counterclaim have been unable to agree as to an equitable division
of said property to the date of the filing of this counterclaim and
substantial portions of said property are in the eXQlusive control
of defendant on the counterclaim.
8. Plaintiff on the counterclaim requests the Court to
equitably divide all marital property and to enjoin plaintiff on
the counterclaim and defendant on the counterclaim from the
removal, disposition, alienation or encumbering of all real and
personal property of the parties.
WHEREFORE, p1aintiff on the counterclaim requests tha Court to
enter a decree equitably dividing the
~~~~7;il>L~
MURREL R. WALTERS, III, ESQUIRE
Attorney for Plaintiff on the
Counterclaim
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
1. D. No. 24849
, ,
CBRTI'ICATB 0' 'BRVI~
I hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated
below, which service satisfies the requirements of the Pennsylvania
Rul.s of civil Procedure, by depositing a copy of same in the
United states mail, Mechanicsburg, Pennsylvania, first-class,
postage prepaid, as follows:
.
'7'
"/ ':)'.
Austin F. Grogan, Esquire
24 N. 32nd Street
Ca.p Hill, PA ?~Ol1( I fht
...
,/
...
/
/
.'
,.. .j
Murrel . Walters, III
Attorney for Christopher
54 East Main street
Mechanicsburg, PA 17055
(717) 697-4650
1.0. No. 24849
M. Pass
, ''''",v~\
"'<'i,lJ
. ,
, , , "
w....~..'b....,.J..~""."T"I"., ;.''';-'l'~''_'"
" "J, d ,'! , . 'j;,','I, I,,':
'''i'',''4U~................!",...,''''~A~J;:..;~ - "-',IWp"
;'..., ,t>.;~;
.,
I,", b~',;::i':;rIU/ji';,i:.,)
j.'i.ll,.:;JiW"!~';'~iblJl
'~,I;"itI.....
ApR 20
8 Sl AH '95
Of \.
''I.:,',
I
.1:
,',I,
, i"t/(\j~
1:'1' '~ r.
I ;': ."y
- " .~ r
'.
"
11/5": t/() rv/. ~
,I
~ 'If /tJtJ /Y'
fr-H- ~t/5'IO
'/
,
,
I
:*,""i"" jHi',\'MI",.~~l...,.,,,\lFH'-'-'''' ,-
"""'1
.
t
'1'
, I
~
..
.
,
~
""l'.
.....--
r'
.."
en :,: I
-
a
It1
.:.t' ,
co ,
Ln
""
=>
....,
01-<
Z
1II0<
0<> I
~~ ~ ~
i:l..1II
:.-:~
o III -
~i:l.. 1II ~ '5~]~~
'l' 'Il
o -::;I 0\ .... .-:
O~O< 0\ .... i:l...jJ ~ ~~~~g
ro...:l .... oM l:l
~~I .jJ . III ~~;!,
...:I - l:l ):'0 !
0 H (f)oM ~ . ~!S
roOZ > C/}1Il Pi:lU M
Pi: 0 H 0<.... Ill.... ..
OQH U i:l..i:l.. tclU ~
OZi-o . i:l..Q t
00<0 0 . > 0
...:10< III ...:I ro IiIo
1alPi: M i:l..
tclll...:l I(l III (f)
rolXlH I-< H
Z~~ S Pi:
tc
I-< U "" 0
, (1I4,'il . T .ti;'~'f/{//I
II
~N THE COURT OF COMMON PLBAS
CUMBERLAND COUNTY, PENNSYLVANIA
JULIE L. PASS,
Plaintiff
v.
No. 5360 Civil 1994
IN DIVORCE
CHRISTOPHER M. PASS,
Defendant
ORDER
AND NOW, Plaintiff's Counsel's Petition to Withdraw is
GRANT_D. Furthermore, a
day continuance is
granted to allow plaintiff to retain counsel.
By the Court
J.
~PR 3 9 01 :\11 195
",
IH ;'11 i .\hl
r:UI ., :,!i, , ,iY
I t'hl," ., j',
~ ,..
. ~;'~
a I.. ,. ..
f'
t.' -"
<D ". ,:"..1
"" .. ' l~ ~.-:
<n -,
"
'" ,
- ..,
("'") . '~:'7
~ .....
s:: <:,J ..
MARITAL AGREEMENT
THIS AGREEMENT, made this 2..1"" day of November,
1995, by and between Julie L. Pass, party of the first part,
hereinafter referred to as "Wife", and Christopher M. Pass, Pal"ty
of the second part, hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, the parties hereto are husband and wife,
having been married on November 17, 1989 and separated on August
18, 1994; and
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated and live
separate and apart from one another, and the parties hereto are
desirous of settling fully and finally their respective financial
and property rights and obligations as between each other
including, without limitation by specification: the settling of
all matters between them relating to the ownership and equitable
distribution o~ real and personal property; the settling of all
matters between them relating to the past, present and future
support, alimony and/or maintenance of Wife by Husband or of
Husband by Wife; and in general, the settling of any and all
claims and possible claims by one against the other or against
their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et seq., and being fully aware of
their right to consult with or having consulted with their
respective legal counselor advisors, Andrew C. Sheely, Esquire,
Attorney for Wife, and Murrel R. Walters, III, Esquire, Attorney
for Husband, and having had the opportunity and ability to
request a full and complete disclosure of income and assets from
the other, and reviewing this Agreement, have come to an agree-
ment as to each and all of their said matters of property and
relations; and
WHEREAS, wife has filed a No-fault Complaint in Divor-
ce, said Complaint being docketed in the Cumberland County
Prothonotary's Office at No. 94 - 5360.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such ind8pendent review. Each
2
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
.election, and that eac.h fully understands the facts and has been
fully intormed as to his her or her legal rights and obligation.,
and each party acknowledges and accepts that this Agreement i.,
and the circumstances, fair and equitable, atter having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result ot any im-
proper or illegal agreement or agreements. In addition, each
party hereto acknowledges that he or she has had the opportunity
to be tully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
Bessed individually by the other, counsel fees and costs ot
litigation and, tully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still d~sires to execute this Agreement, acknowledging
that the terms and conditions set forth therein 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
3
determination or order effecting the respective parties riqhts to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litiqation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose or deem
tit.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or their respective families, or compel or endeavor. to compel the
other to cohabitate or dwell with him or her, or to in any way
harass or malign the other or their respective families.
4. WAIVER OF CLAIMS AGAINST ES'rATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
partie$ hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
4
relea.e, quit-claim and forev~r discha~ge the other party hereto,
hie or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing oQitted or suffe~ed to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including the following:
(A) 1288 Boiling springs Road, Boiling springs,
Pennsylvania (marital residence); and
(B) 1455 York Road, Boiling springs, Pennsylvania; and
(C) 1985 Jeep CJ7; and
(0) Miscellaneous Personal Property; and
(E) state Employee's Retirement System pension; and
(F) Miscellaneous marital and non-marital gift..
5
Husband and Wife acknowledge that they are aware of their
re.pective rights pursuant to the Divorce Code ot 1980, as
amended, to obtain tormal valuations or appraisals ot the marital
re.idence, and other items of msrital property. The parties
hereby waive any necessity for completing or attaching any
financial disclosure(s). Each party further acknowledges the
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to eftectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances and other household personal property
between them, and they mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all
such tangible personal property presently in his or her posses-
sion, whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be ill the individual posses-
.ions of each of the parties hereto.
6
Ths parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any euch
items of marital property, or of the separate personal property
of either party, which are now in the possession and/or under the
control of the other.
From and after the date of the signing of this Agree-
ment both parties shall have complete freedom of disposition as
to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether
real or personal, whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join
in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition of
property.
7. REAL ESTATf;
Husband agrees to transfer his right, title and in-
terest in and to the parcel of jointly-owned real estate with
improvements thereon situate at 1288 Boiling Springs Road,
Boiling Springs, Monroe TownShip, Cumberland County, Pennsyl-
verda, as more specifically described in Deed Book "I", Volume
35, Page 971, as recorded in the Cumberland County Recorder of
7
Deeds Office, to Wif~ and to sign all documents necessary to
effect said transfer of the title to the real estate to her name
individually. The documents necessary to transfer title from
Husband and Wife to Wive to the jointly-owned real estate will be
signed simultaneously herewith.
Wife agrees to assume and save Husband harmless from
any obligation which he may be liable in association with the
real property located at 1288 Boiling springs Road, Boiling
springs, Monroe Township, Cumberland County, Pennsylvania. Wife
agrees that upon delivery of the deed to the jointly-owned real
estate, she will indemnify Husband on account of any obligation
he may have to her on account of any obligation concerning the
ownership of the real estate including, but not being limited to,
municipal liens, real estate taxes, sewer and water assessments,
fire and casualty insurance, and utili.ties.
Husband further agrees to transfer his right, title and
interest in and to the parcel of jointly-owned real estate with
improvements thereon situate at 1455 York Road, Boiling Springs,
Monroe Township, Cumberland County, Pennsylvania, as more specif-
ically described in Deed Book "G", Volume 36. Page 553, as
recorded in the Cumberland County Recorder of Deeds Office, to
Wife and to sign all documents necessary to effect sal.d transfer
of the title to the real estate to her name individually. The
8
document. nece..ary to transfer title from Husband and Wife to
Wife to the jointly-owned real estate will be .igned simul-
taneously herewith.
Wife agrees to assume and save Husband harmle.. from
any obligation which he may be liable in association with the
real property located at 1455 York Road, Boiling Springs Road,
Boiling springs, Monroe Township, Cumberland County Pennsylvania.
Wife agrees that upon delivery of the deed to the jointly-owned
real estate, she will indemnify Husband on account of any obli-
gation he may have to her on account of any obligation concerning
the ownership of the real estate including, but not being limited
to, municipal liens, real estate taxes, sewer and water assess-
ments, fire and casualty insurance, and utilities.
8. 1JlMf. SUM PAYMENT
In consideration of Husband's waiver of all rights
arising from the marital relationship and the terms and condi-
tions set forth in this Agreement, Wife shall pay Husband an
amount of $20,000.00 on the date of execution of this Agreement.
9. MOTOR VEHICLES
The parties hereto agree that Husband shall be entitled
to have the sole and exclusive control, benefit, use and title of
the 1987 Jeep CJ7 or the proceeds thereof.
9
10. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savinqs and checking accounts, as well as certificates of
deposit and other investment accounts, owned by them jointly or
sinqly, have been divided to their mutual and individual sati-
sfaction.
(B) Neither party hereto shall make a claim upon the
other for accumulated pension, profit-sharing, retirement sup-
port, retirement benefits, insurance policies, IRA's, or any
retirement-related benefits.
(C) The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies.
(D) The di.vision of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
and the division is being affected without the introduotion of
out.ide funds or other property not constituting a part of the
10
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other harmless
from all income taxes assessed against the other resulting from
the division of the property as herein provided.
(E) Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such 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.
11. DEBTS OF HUSBAND AND WIFE
The parties hereto agree that any and all obligations
incurred subsequent to the date of separation, said date being
August 18, 1994, shall be the sole and individual responsibility
of the party incurring the obligation.
Husband represents and warrants to Wife that from the
signing of this Agreement and in the future he will not contract
or incur any debt or liability for which Wife or her estate might
be responsible and shall indemnify and save harmless Wife from
11
any an4 all claima or demanda made againat her by reaaon of debt.
or Obligation. inourred by him.
Wife represents and warrants to Husband that from the
aigning of this Agreement and in the future she will not oontraot
or incur any debt or liability for which Husband or his estate
might be responsible and shall indemnify and save harmless
Huaban4 from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
12. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions
of thia Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, voluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and relin-
quish any rights to division of propert.y, other than provided in
this Agreement and, finally, waive any rights to alimony pendente
lite, counsel !ees and court costs.
Husband and Wife both agree that they have been
reapectively advised and are aware of the contents of the
12
provisions ot the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set torth in determining an
appropriate amount, it any, to be paid in the form ot alimony.
Atter being tully advised of the contents ot the Divorce Code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek from the other payment tor support,
alimony and maintenance.
13. MUTUAL RELEASE
Subject to the provisions ot this Agreement, each party
waivee his or her right to alimony and turther distribution ot
property inaomuch as the parties hereto agree that this Agreement
provides tor an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions ot this Agreement, each party has released and dis-
charged and by this Agreement does for himself or herselt, and
his or her heirs, legal representatives, executors,
administrators and assigns, release and discharge the other ot
and trom all causes of action, claims, rights or demands what-
soever in law or equity, which either of the parties ever had or
now has against the other, except any or all cause or causes of
action for divorce or except in any or all causes of action for
breach ot any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
13
Section 3302 of the Divorce Code.
14. SUBSEQUENT 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, if
requested, to enter a Consent Order or Orders concerning the
~rovisions 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 or to be 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
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
15. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenant.
14
or undertakings other than those expressly set forth herein.
Husband and Wife acknowledge and agrse that the provieions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length ot their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement i. fair
and equitable, that it is being entered into voluntarily, with
15
full knowledge of the assets of both partie., and that it i. not
the re.ult of any duress or undue influence. The parties
acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the request
of the other, execute, acknowledge and deliver to the other party
any and all further instruments that may be reasonably required
to give full force and effect to the conditions of this Agree-
ment.
18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed a9 a waiver of
any other term, condition, clause or provision of this Agreement.
16
19. BREACH
If either party hereto b~eaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set f'orth in 23 Pa. C. S. A. S 3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable for, in any way whatsoever, or
shall pay upon, or in consequence of, any default or breach by
the other of any of the terms or provisions of this Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful tn whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
17
obli9ation of any and all costs and expenses and counsel fee.
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either psrty
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
2Q. DESCRIPTIVE HEADINGS
The descriptive headings used her.ein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties he~eto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
22. AfFLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For purposes of contract inter-'
pretation and for purposes of resolving any ambiguity herein, the
parties agree that this Agreement was prepared jointly by their
18