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HomeMy WebLinkAbout94-05557 I {\ I , . I '#1 I !l ! J C" \() {fi " --~~~--~-----------_._--------~ ___~,_,_",_,____,_'.._~"V'_"'_"~_"_'" .., ',......,..,~..' ,.._'-~--'. . . . . 8 . . . . . . . . . ~ 8 . , . 8 , . . . . . . . . '. I~ , . I~ I~ I~ . ~I *1 I *' ,I . . 8 8 . . . 8, . . . * . . 81 . i . ~ . . 8 . ~ . . 8 . . . . , . l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. JANET DOYLE AULTICE, PLAINTIFF VCI'SII:i KENNETH PAUL AULTICE, DEFENDANT l' O...!j~?]..",..,., ....,..~,4".., 19 DECREE IN DIVORCE Q"- AND NOW. .. ,l,l\Q'UV'l".I......,.."" 19,,~... it is ordered and decreed that.."",."" ,.;r"NE;T P,Q,(!;.~, )\lJ't-T,I,C;J;:"..,.".,..., plaintiff, and. " . , , , , , . , ' , , , , , , , . , , ,K,F;~~~,T!j, PI'>.l!!;', Ml.r,T~~.~ , , , . . .. . , " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which hove been raised of record in this action for which a final order has not yet been entered; "T!l,E; ,~~R,T~ ~?, ,t1~~,IT~J;.. !)F;TT~,Et1i;:~:r, ,~(;~,E,F;toI~t<,T ,Qf. .JMHWlY. 4", .l !}.9,~ , "IS, ,INCO,RPOR,ATEP, ,~~RE,IN ,A?, ,AN, O,RI?~~, ,q~. ~Pl!W.r., :~f:I~. .C:9\1~,'I: ,~P.~~NS JURISDICTION OF EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, AL M ALIMONY PENDENTE LITE AND COUNSEL FEES AND EXPENSES. Dy The Court:/ 1/7& \, W~X~_I OkCr, r. Atte.t: U~I..,,*,~ {' W<!,fh" /" ~~ J. b} vy-- ~ ~~ ~ i._ ~ , . Prolhonotary ~ '~ i,', i~ , ~ .~.~.~.~.~*.~~**.~~,~***- -',:S" Cy / ~:J ~ /!j7W'V "?7YJ.t, " . . JANET DOYLE AULTICE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 94-5557 CIVIL TERM KENNETH PAUL AULTICE, DEFENDANT CIVIL ACTION-LAW IN DIVORCE ?~CIP! :0 :~~SaI: ~ECORD To che ?~ochonocar1: !~an.mic che ~.co~~. cOi.the~ ~i:h chI fo110wiol tnfor=ation, co chI courc for .ncro! of a di'rorc. d.c,:... 1. GroWld for divorc.: irrac':~e'rable braaltdown und~iOsla~~lo;~i~(d) lClttll:eGO (L) of th. :livor:e C"de. (St:i"e au: inapplicable section.) , -. Dac. and :nanne: of S8roJic. 0: che complain:: SERVICE WAS MADE BY THE DEFENDANT SIGNING AN ACCEPTANCE OF SERVICE ON SEPTEMBER 30. 1994. 3. (Comple:e ei:he: paragraph (e) or (b) ,) (a) Da:e of a~ec~:~on of the affidavit of consenc r.quired by Section 201(c) of chI Divorce Code: by the plaintiff JANUARY 4. 1995 by dehndanc JANUARY 4. }qqC) (b) (1) Dace of e~ec~:ion of che plainciff's affidavit r.quir.d by Section 201(d) of the Di'/orce Coda: n/a (2) Date of service of th. plaintiff's affidavit upon tha daf.ndant: n/a 4. aelatad claizs pending: EOUITABLE nrVT!=;ION OF MARTIAL PROPERTY. ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES AND EXPENSES 5. Indicace dace and :nanner or serorice of cha nocice or incention co fila pra.cip. to transmit ~ecord. and ac:ach a copy of said nocice unde~ section 201 (d)(l)(i) or the Oivorca Code. n/a ~(~}..., . Ac:orney tor (Plainciff) ROBERT L. O'BRIEN, ESQ. ~~xx i i l' I r , . i I /'" '~ . c..c..>- 00~r< ~VlO~ P<:r<Ur< Pl>l > O...:lCl...:l UPo.:ij>o l>lZ~~ :l:OI>:Z ~~I>ll>l ZOlllPo. H U~ U , .......~ -:j~ -,\."""';1 ;';', ' ~ , C'._~ "I l<I CJ l>: o > H Q Z ..... l>l U H ~ ...:l P'" r<'" ... l>l+> ...:l ~ >0.... 011I Cl... p., ~ W Z r< .., ~. . , ~ :~~ ~ : ~ (;"- tI"\ \)\ rf\ -5l '4 <> ", \ "oti '.0 +- l"{l\- (:- .... 1~ tit It . > . I>l U H ... ..:l P+> r<~ III ..:l'O P~ r<OJ p.,,,, OJ :l:Cl ... W Z Z l>l ::.: i .., ... ~ ~ ~ i e .. ~ > ~ ~ ~ ;: SlQS~ i ~ ~ o ~ Z ..... r< ...:l c.. X o () . .. .. ~ r< ..:l IW CJ Z'" 00 H:> ~H UCl r< Z ..:lH H :> H U . . - .' - . ' , . .. . I. " . - ~~_. JANET DOYLE AULTICE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. KENNETH PAUL AULTICE, Defendant CIVIL ACTION - LAW NO. 94- .55.5"7 CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor Carlisle, PA 17013 Telephone: (717) 240-6200 ~, vs. KENNETH PAUL AULTICE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 94-5557 CIVIL TERM IN DIVORCE JANET DOYLE AULTICE, plaintiff COMPLAINT UNDER SECTIONS 3301{CI AND 3301{DI OF THE DIVORCE CODE 1. Plaintiff is Janet D. AUltice, an adult individual who currently resides at 106 West Pomfret Street, Carlisle, Cumberland County, PA., 17013. 2. Defendant is Kenneth P. AUltice, an adult individual who currently resides at 111 Schoolfield Drive, Carlisle, Cumberland County, PA., 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 10/5/78 in The City of Alexandria, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. " WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully sUbmitted, O'BRIEN, BARIC & SCHERER ~ ~~ Robert L. 0' ien, squire Attorney for Plaintiff I.D. * 28351 17 West South Street Carlisle, PA 17013 (717) 249-6873 , By ., ~ M:RJmoIF.tII' 'DII8 ~ --t, J1lIIde this 4~ clay of (}11J1uPJ,j ,l995, by and between Ia!:NNETH P. AULTlCE, hereinafter call~;~ and JANET OOYIE AULTlCE, hereinafter called Wife; "1" ur-"allW'fll J ---S, Husband and Wife were lawfully married on OctOber 5, 1978, in Alexandria, Virginia; and 1lHI!:IlEAS, differences have arisen between Husband and Wife in consequence of which thBi' intend to live separate and apart fran each other. 1lHI!:IlEAS, Husband and Wife desire to settle and determine certain rights and obligations. tIOIf, '11IUIU"""", the: parties, intending to be legally bound hereby, agree as follCMS: 1. Seoaration. It shall be lawful for each party at all times hereafter to live separate and apart fran the other at such place as he or she way fran time to time choose or deem fit, The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. The Wife shall have exclusive possession of the parties' rrarital residence located at 111 Schoolfield Drive, Carlisle, PA., and Husband agrees that he will not interfere in any way with her. possession and will not come onto the property except by Wife's invitation and will leave prarptly if she so requests, 2. Child Custodv. The parties have one child, patric Eugene Aultice, born July 20, 1979. The parties agree that Wife shall have sole physical and legal custody of patric. Husband way have times of visitation or partial i custody of patric as Wife, in her discretion, way agree to. I 3, Jurisdiction of Related Claims. The parties agree that Wife shall I, file a petition with the Court raising the issues of equitable division of ii Ii rrarital property, alirrony, alirrony pendente lite, counsel fees and costs. A i CqJy of said Petition is attached hereto and incorporated herein by reference. ,I ;i I' II q It II I !I II 4, Reorestlntation of parties bv Counsel. The parties acknowledge that they have jointly retained Robert L. O' Brien, Esquire to file llI1 action in divorce docketed to ~. 94-5557 Civil, CUntlerland County, Pennsylvania and to act as a scrivener of this Agreement. They also acknowledge that 88 part of his representation, he had originally counseled the Wife in the filing of the divorce and that, subsequent to filing, assisted the parties in preparing a CMpter 13 Bankruptcy for the Husband in order to acklress the suWOrt of the parties and their child, Patric, in the context of their respective individual and joint debts. The parties also acknowledge that Robert L. 0' Brien has fully disclosed the conflict in the multiple representation and they have agreed to his continued representation in the bankruptcy and bifurcation of the divorce fran the econanic issues, The parties wish to terminate their rMrI'iage but believe that they can reach agreements in reference to other watters including, but not limited to, child suWOrt, spousal suWOrt and/or aliJrony and equitable distribution of property, etc. 5. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband and Wife to a true and abGolute divorce on legal and truthful gLounds as they now exist or may hereafter arise. It is understood, however, that Wife, as to the signing of this Agreem9nt, haa filed en action in divorce in the Court of Catrron Pleas of CUJTtJerland County, Pennsylvania, in which she alleges that the marriage is irretrievably broken. Both parties understand and agree that the Wife shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce purSUllI1t to Section 3301(c) of the Divorce Code. Husband agrees that the marriage is irretrievably broken, 6. Order of Court. With the approval of any court of carpetent jurisdiction in which any divorce proceeding may now be pending or which way hereafte.r be instituted, this Agreement may be incorporated in any decree of absolute divorce which may be passed by said court. 'I [XJl\OIV\AI!LTICZ.N:lR I' I! i -2- I i Ii II II . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. w~u~ KENNETH P. AULTICE (SEAL) Wurtw Gb.uff]) '~JAfl .. (SEAL) I JANET D. AU TICE .. ~ Va. IN 'IliE CXlJRl' OF CXHI:N PIE.AS OF I CUIIlERtAND <XXlNl'Y. mlNSYLVANIA I I CIVIL ACl'ICN - lAW I NO. 94-5557 CIVIL ~ I JANET OOYlE AULll'ICE, Plaintitf mlNFlli PlWL AULll'ICE, Defendant INOIWla rzi'.l'.L"l".a.CIf' 1) Plaintiff/Petitioner, Janet O. Aultic:e, has read1ed an agreement with the DeferdantjRespcnlent, Kenneth P. Aultios, to pennit the entry of a divorce decree with the Court reserving jurisdiction of all related matters, exclusive of the divorce am custody agreed to by the parties, until a future date. 2) '1l1e Plaintiff/Petitioner, pmruant to Pa R.C.P. 1920.13, raises am preserves the following matters: A) equitable division of marital property; B) alim:my; C) alinony perdente lite; am, 0) coonsel fees ard expenses. WHEREFORE, Plaintiff/Petitioner re.,pectfully requests that the Court take jurisdiction of the equitable division of marital prcperty, aliloony, alimony perdente lite, counsel fees am expenses. Respectfully submitted, O'BRIEN, BARIC & SOlERER BYI125~~ Rebert L. O'Brien, Esquire Attorney for Plaintiff/Petitioner I.D. * 28351 17 West Sooth street Carlisle, Pennsylvania 17013 (717) 249-6873 " .... ,~ - I verify that the statements made in tffl foregoin::j Petition are true l!ln:i correct to the best of llT'f Ia'lcMledge, infoIlMtion am belief. I IJI"derstand that false statements herein are made subject to the penalties of 18 Pa. c.s. Section 4904, relatirq to UI1S'io'Om falsification to authorities. 1:::::' 2~4~CL Date: / - 4 - q~ 1 (l .J 1 1 0 v ~ - rt ~ I IW ." ~:: ~ (b -.r -:r en 0 ~ r- ~l -:, '-" (p :0= 0 a rQ ()o '""" Fi 0 . n ~ -~~ ~ -;> r.4j en ~-tJ "1:1 ~ #!- i}ct. t> ~ (:::.l :r. ... --, - F ,! a.n ,." - :7-- ::0::: ~~ In '::I .. '.. (j') '-D :;r. ~ .:<,"-' iJ" f j.; v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW NO. 94-5557 CIVIL TERM JANET DOYLE AULTICE, Plaintiff KENNETH PAUL AULTICE, Defendant IN DIVORCE AFFIDAVIT OF COI.SENT 1. A Complaint in Divorce under section 3301(c) and 3301(d) of the Divorce Code was filed on September 28, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 6. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.S., section 4904, relating to unsworn falsification to authorities. t~ A;dl<cd Date: 1- 4 - qS KENNETH P. AULTICE n . ~ :;~ a ..,.. '- " 'J (T') .- c~ ... ,~;- ... '.-' ,~ --. JANF:r OOYIE AllIll'ICE, P1aintift IN 'DIE CXllRl' OF <XH<<fi PU'A9 OF C1IGlERI.\ND CXlJNlY, ~ Va. I CIVIL.ACl'IOO - lAW I NO. 94-5557 CIVIL TERM I I IN OnalCE ~' r t I' . t I<mNmI PJWL 1IIJIll7.CE, Cefen:lant ACCEPI'lINCE OF SERVICE j, f , 1.' {, ~' , !: AND tol, this JJti1 day of ~ ,1994, I, I<mtmlH P. AllIll'ICE, Cefen:lant above, hereby aooept service of the CcI1plaint in Divorce filed in the above case p.1rSlIo3llt to Pa. R.C.P. 1920.4(e) am ackncM1edqe receipt of a true am attested =flY of said CcI1p1aint. ,-- , f. 1;, !~ LP~ ~':'i ~ P. AUIll'ICE P., ;i ID . .. :or.: -= t." ':> :n ~;J "" ." --, JANET DOYLE AULTICE, Plaintiff IN 'IllE CDJRT OF CXHQI PLEAS OF WolBERLAND roJNTi', PENNSYLVANIA No. 94-5557 CIVIL TERM IN DIVOOCE v. KENlE'lll PAUL AULTICE, Defendant OOl'ICE OF ~ liY"'I'IOO 'IO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce fran the Bonds of Matrim::IOY on the 11th day of January, 1995, hereby elects to retake and hereafter use her prior name of JANET E. OOYIE, and gives this written notice avowing her intention in accordance with the provisions of the act of May 25, 1939, P.L. 192 (23 P.S. 98), as amended. Dated: j~s j'lS" 01,l(Lt ~f a<i(~('Oj I JANET AULT CE 'IO BE IQDIN AS ri t ~(0 JANET E. CXMOlWEAL'nl OF PENNSYLVANIA : ss. CXXlNl"l OF aJMBERLAND On the :;st!J day of January, 1995, before me, a notary public, personally ~red JANET OOYIE AULTICE to be kna.m as JANET E. DOYLE, kna.m to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WI'rnESS WHEREOF, I have hereunto set my hand and official seal. ~<Ph~~ NollriaI Sell ~~~::r.l"1*: MyCorrmiooionElprosCkL~ ,.. Imber, . > ,. if t i r{ f ,~ ~ If> CI") .-,. - ", ..... - ~ ~ ~ p~ ~ . ~ ~~ :-:;:=. I.. _ ..... '" >1 o:\..,s11tjWaoa1lollloo pea va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-5557 CIVIL TERM IN DIVORCE JANET DOYLE AULTICE, Plaintiff, KENNETH PAUL AULTICE, Defendant. I hereby enter my appearance on bahalf of the Plaintiff, JANET DOYLE AUL nCE. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorney for the Plaintiff By rol J, LIndsay, Esquire st High Street Carlisle, PA 17013 1.0, #44693 m - ::oc <1. "".. ~..- .. . '.f d ~ ,...;1,.... '-' Lo' .:_0-- ;.. J ' ,- 'H ...., "' ~ -.... ::. .c "".lgJ ,", - ~..J hoOt.) Cl .... => -. ~ . ::C 0- ~ r.. ...,- ~~ .- -"., hi t.-J~ . U:I"., - ", ~~ 't _;: ,.....4 _. H - r .' .: ...., 6 -. , " :~ J ....<-' C' a;~..llicc,.1P file. 4611-9.5.01 JANET DOYLE AUL TlCE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-5557 CIVILJ&RM~ ~ Plaintiff VI. KENNETH PAUL AULTICE, Defendant IN DIVORCE , , <..u <...:. U1 u. ::.l.: :.; :: - <D c.n ~1~ ___ by and between JANET DOYL,E AUL TICE, of 111 Schoolfield Drive, Carlisle, Cumberland County, THIS Agreement made this dr ,1995 day of Pennsylvania, hereinafter referred to as WIFE, and KENNETH PAUL AULTICE, of 6002 C Aockcllff Lene, Alexandria, Virginia 22310, hereinafter referred to as HUSBAND, WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined In marriage on October 5, 1978, In Alexandria, Virginia; a"d WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 94-5557, Civil Term, and a Bifurcated Decree in Divorce entered OIl--:'fZ'Lt< a, J /), I q t/'"J ;and WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, ~_.._- ~ a;\..lmulP file, 4611-9.5.01 and individual property of the party In whose possession it Is as of the date of this agreement. HUSBAND will retaln the 1994 Mitsublshi Eclipse which Is jointly titled, and he shall pay the balance of the loan for the purchase of sald vehicle, When the payments have been made in full, WIFE will transfer to HUSBAND all her right, tille and interest In said vehicle, WIFE will retain the 1991 Saab, and HUSBAND will pay the balance of the loan for the purchase of said vehicle, HUSBAND shall maintain possession of the 1991 Saab untIl the loan is paid, at which time he will transfer all his right, title and interest In the Saab to WIFE. HUSBAND shall make all the payments on the Saab in a timely manner and shall make the final payment by February 28, 1997. WIFE, by these presents, gives to HUSBAND authority to lease the 1991 Saab to any qualified Lessor, providing, however, that at all relevant times, HUSBAND shall Insure the 1991 Saab with collision insurance in an amount equal to at least the fair market value of the vehicle. NEVERTHELESS, HUSBAND shall deliver possession of said vehicle to WIFE upon her written request provided at least 30 days prior to the date she intends to resume possession of said vehicle. The Intention of this provision Is to require HUSBAND to pay the balance of the indebtedness of the Saab, to permit him to maintain possession of the Saab until WIFE shall require possession, and to require the transfer of title of the Saab to WIFE upon payment of the debt on the vehicle. 4. Real Property: The parties are owners of a home at 111 Schoolfield Drlve, Carlisle, Pennsylvania. Said home Is encumbered by a mortgage and a lien imposed by the Internal ilM-m. ~M. 3 0:\..1l1cu" file. 4611-9.5.01 Revenue Service. HUSBAND Is paying the obligation to the Internal Revenue Service through a Chapter 13 Plan filed In the Middle District of Pennsylvania. Payments of the Chapter 13 Plan Inure to the benefit of WIFE, and are an obligation under the terms of this Agreement. Commencing July 1, 1995, the parties will lease the Schoolfield Drive home to tenants for a monthly amount sufficient to pay the monthly principal, interest, tax and Insurance payments on the home. HUSBAND Is authorized to receive the rent, and will make the mortgage (prIncIpal, Interest, taxes and Insurance> payments timely from the rent received or, If necessary, from his own resources. HUSBAND will make all repairs necessary to maintain the property In its present condition, normal wear and tear excepted, and to comply with the terms of the lease agresment with any tenants In the home. Any security deposits obtained from a tenant for the property will be deposited In the names of HUSBAND and WIFE In an interest-bearing account. When the Internal Revenue Service Uen is satisfied, the parties will sell the marital home and equally divide the proceeds, provided, however, that before distribution of any proceeds, HUSBAND'. share shall be reduced by payment to WIFE, or to a third party beneficiary of this Agreement, of any obligation undertaken by HUSBAND by the terms of this Agreement and not performed by him. 5. Alimony: From the date of this Agreement through June 15, 1995, HUSBAND shall pay the costs and expenses of maintaining the marital home as he has since the parties' separation in 1994. On June 15, 1995, HUSBAND will pay to WIFE as alimony $1,000.00 for the period of July 1, 1995 to July 15, 1995. Commencing July 20,1995, HUSBAND will pay to WIFE $2,000.00 per month for a period of 36 months. Said payments will be wired to WIFE directly on ~-- . ~. ",\oulticc,1I' file' 4611-9.5.01 I. or before the 20th of each month at an addren provided by WIFE to HUSBAND. HUSBAND acknowledges that WIFE will be living abroad, and will be dependant upon her alimony payments. Therefore, If the payments are not wired by the 25th day of each month, HUSBAND will pay an additional $25.00 per day as a reasonable charge. HUSBAND's obligation to pay alimony may not be assigned by WIFE, and no other person will have a right of survivorship in the alimony payments. Should WIFE die prior to the passing of 36 months, said payments will terminate. 6. Custody: The parties &rs parents of one child, Patric Eugene Aultlce, born July 20, 1979. WIFE shall have legal and primary physical custody of said child. HUSBAND shall have partial custody of sald child at times the parties can agree. 7. Child Support: HUSBAND agrees to pay and WIFE agrees to accept the amount of $1,500.00 per month for the support of the parties' minor child, Patrlc. HUSBAND shall maintain hea~h insurance for the child until he completes his secondary education. In the event that HUSBAND Is no longer covered by a health Insurance plan through his employer, he will pay the costs of secondary health insurance until the child no longer resides with WIFE. HUSBAND, additionally, will pay the cost of tuition, not to exceed $800.00 per month, at a private school in Europe for Patric, for three years commencing September, 1995. The first of such payments will be due on August 20,1995 and the last payment will be made on July 20,1998. WIFE will advise HUSBAND as soon as she has enrolled the child in private school and knows the specific amount of each monthly payment for tuition. ~M"_" ~M_ 5 ", a; ""..Ii"".... rllo' 46U.9.5.01 HUSBAND shall make an initial child support paymant of $750.00 on June 15, 1995. HUSBAND shall make the tuition and suvsequent child support payment on the 20th of every month commencing July 20, 1995 and continuing every month thereafter for the perloda set out above, HUSBAND acknowledges that the child is living with MOTHER abroad, and relies on his child support and tuition payments for his support. Therefore, in the event that the child support and tuition payments ere not made on the 20th of each month, HUSBAND shall pay $25.00 per day, in addition to any other charges for late alimony payments, as a reasonable additional charge for each day said payments are delayed. 8. Educational Support: In the event that the child pursues post-secondary education, HUSBAND will pay the cost thereof, which shall include tuition, room, board, books and expenses in an amount not to exceed $17,000.00 per year. HUSBAND will pay these expenses for a period not to exceed four years. In no event shall HUSBAND be obligated to make such payments after the child attains 25 years of age. 9. Ute Insurance: Until August 1, 1998, HUSBAND will maintain the Connecticut Mutual ute Insurance policy insuring WIFE's life, and timely make the premium payment for such insurance. HUSBAND will maintain the face amount of the policy at $150,000.00 until August 1, 1998. WIFE will maintain HUSBAND as beneficiary of said policy. HUSBAND will maintain the Connecticut Mutual ute Insurance policy on his life In the face amount of $400,000.00 and will maintain WIFE as the beneficiary of the pt'licy until August 4M-M"-- 6 ~- "'\<lulli<o.... rllo' 4611-9.5.01 1,1998. Thereafter, HUSBAND will maintain the child as beneficiary of at least one-half of the face amount for a period of seven years from the date of this Agreement. 10. Marital Debt: The parties have certain credit card accounts which have been established In WIFE's name for the convenience of the parties but which constitute joint marital debt. Said accounts are set out on Exhiblt'B' attached hereto and Incorporated herein. Until July 1, 1995, WIFE will continue to use said credit cards as a part of the maintenance of the family household, and the preparation of her relocation to Europe. On or before July 15, 1995, the parties will determine the balance as of July 1, 1995 on each one of the cards set out on exhibit 'B'. HUSBAND shall pay the balances of said cards as of July 1, 1995 by making at least the minimum monthly payment on principal and Interest In a timely manner. Commencing July 1, 1995 and continuing thereafter, neither party shail make any charges nor Incur any debt for which the other will be liable. 11. Federal Income Tax: The parties will determine on a yearly basis which of them will take the personal deduction for the parties' child, Patrlc. HUSBAND may take the Interest deduction for the mortgage payments on his Income tax return. Upon the sale of the marital residence, each party shall report on his or her Federal Income Tax Return one-half of the gain on the ,sale. 12. Modification: No modification, rescission, or amendment of this agreement shall be effective unless In writing signed by each of the parties hereto. ~~.._- 1 ~ "''''.llicc.... file. 4611-9.5.01 , 13. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 14. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any Interest of the parties. 15. Agreement Not to be Merged: This agreement shall be Incorporated Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and In addition, shall retain any remedies in law or In equity under this agreement as an independent contract. Such remedies In law or equity are specifically not waived or released. 16. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 17. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests or claims In or against the property (including income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of ~M"M~ ~- I ':\Iu/ticu. file' 4611-9.5.01 . such other, or by way of dower or curtesy, or c1alms In the nature of dower or curte.y, or widow.' or widow'3rs' rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the laws of Pennsylvania, any other State. or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements Btld obligations of whatsoever nature arising or which may arise under this Agreement or before the breach of any thereof. It Is the Intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, or for the breach of any thereof, 8ubject, however, to the Implementation and satisfaction of the condition precedent as set forth herein above. 18. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, Including, but nOllimited to, court costs and counsel fees of the other party. In the event of breach, the ~M"_h v/ 9 .."... "'\.ldllaJ,... file. 4611-9.5.01 , other party shall have the rlght, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be avallable to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Wltne81: JJ10 /'n/?(}!!r~d . ~~. !J~-n~~(SeaI) JFe' Doyle AultJce, FE ~~H'~~ (Seal) Kenneth Paul Aultlce, HUSBAND qIJi_MM ~M 10 EXHIBIT "A" " II SE."I'I'IEMENl AGRED1ENT 'I 'mIS llGREDI!:tlr, lMCle this day of , 1995, by and bet1rleen Ia!:NNE'lH P. AllLTICE, hereinafter called Husband, and .:mNET OOYIZ AllLTICE, hereinafter called Wife; 'HI'Di!SSE'l'B I WiIERElIS, Husband and Wife were lawfully married on October 5, 1978, in Alexandria, Virginia; and 1IIU:oIU:oftS, differences have arisen between Husba."IC! and Wife in consequence of which th~- intend to live separate and apart fran each other. JUUUU:AS, Husband and Wife desue to settle and determine certain rights and obligations. 1Of, uu:.IUU'ON:i, the parties, intending to be legally bound hereby, agree lIB folla..rs: 1. Seoaration. It shall be lawful for each party at all times hereafter to live separate and apart fran the other at such place lIB he or she IMY fran time to time choose or deem fit. The foregoing provision shall not be taken lIB admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. The Wife shall have exclusive possession of the parties' marital residence located at 111 Schoolfield Drive, Carlisle, PA., and Husband agrees that he will not interfere in any way with her possession and will not cane onto the property except by Wife's invitation and will leave flLul~Lly if she so requests. 2. Child CUstodv. The parties have one child, patric Eugene Aultice, born July 20, 1979. The parties agree that Wife shall have sole physical and legal custody of patric. Husband may have times of visitation or partial custody of Patric as Wife, in her discretion, may agree to; 3. Jurisdiction of Related Claims. The parties agree that Wife shall file a Petition with the COUrt raising the issues of equitable division of marital property, ali1rony, ali1rony pendente lite, counsel fees and costs. A copy of said Petition is attached hereto and incorporated herein by reference. II : " , , , '1 ,I " ;j :i 'I , " :1 ,i I; 4. Reoresentation of Parties bv Counsel. The parties ackna.rledge that they have jointly retained Robert L. 0' Brien, Esquire to file an action in divorce docketed to No. 94-5557 Civil, CUntlerland County, Pennsylvania and to act as a scrivener of this Agreenent. They also /1cknCMledge that as part of his representation, he had originally counseled the Wife in the filing of the divorce and that, subsequent to filing, assisted the parties in preparing /1 Chapter 13 Bankruptcy for the Husband in order to address the BUH;Xlrt of the parties and their child, patric, in the context of their respective individual and joint debts. The parties also /1ckncMledge that Robert L. 0' Brien has fully disclosed the conflict in the multiple representation and they have agreed to his continued representation in the bankruptcy and bifurcation of the divorce fran the econanic issues. The parties wish to terminate their narriage but believe that they can reach agreementa in reference to other IMtters including, but not limited to, child sUH;Xlrt, spousal BUH;Xlrt and/or alim:llIY and equitable distribution of property, etc. 5. Divorce. This Agreenent shall not be construed to affect or bar the right of either Husband and WHe to a true and absolute divorce on legal and truthful grounds as they nCM exist or IMY hereafter arise. It is understood, hC7ft'8Ver, that Wife, as to the signing of this Agreenent, has filed an actio!l in divorce in the Court of Carm:llI Pleas of CUrltlerland County, Pennsylvania, in which she alleges that the narriaqe is irretrievably broken. Both parties understand and agree that the Wife shall pursue said divorce on the grounds that the narriaqe is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to eff/ll...'1:uate the divorce pursuant to Section 3301(c) of the Divorce Code. Husband agrees that the narrisqe is irretrievably broken. 6. Order of Court. With the approval of any court of <:aipltent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement may be incorporated in any decree of absolute divorce which may be polssed by said court. IXt:\DIV\AULTICE .NlR 'I I i " " I ,. '. -2- L . i I, :1 I 'I I JANF:r IXlYU: AlJLTICE, / Plaintiff - . m '!HE CXXJRl' OF CXHS::N PLEAS OF : aJMBERIAND CXXlNl"i, mlNSYLWINIA Va. CIVIL ACl'IOO - lAW : 00. 94-5557 CIVIL TERM -/ " l<E1lNElH P1l1ll, AlJLTICE, II D!terxlant m DIVORCE ft...1'~'.1'~ON II : 1) Plaintiff/Petitiooer, Janet O. Aultice, M.s reached an a."..._l8l1t with the Def~, J{annath P. Aultice, to pennit the antxy of a divorce decree with the CQlrt reservirx] jurisdiction of all related matters, exclusive of the divorce aOO custody agreed to by the parties, until a tuture date. 21 'lbe Plaintiff/Petitioner, pm;uant to Pa R.C.P. 1920.13, noj-ea II ;: ard preserves the following matters: I! . , Al equitable division of marital property; 51 alimony; CI alimony pendente lite; ani, ., iI 01 CXllUlSel fees aOO expenses. 'I 'I - WHERE.rUKE, Plaintiff/Petitioner respectfully requests that the Q:lurt :1 ,I take jurisdiction of the equitable division of marital property, alimony, ,i I' alimony pendente lite, counsel fees am expenses. ! ~ " it Respectfully sul:mitted, " " 'I " O'~, IWUC & SOiERER , I II .1 l! .- t:2t)AA--~ Rebert L. O'Brien, Esquire Attorney for Plaintiff/Petitioner I.D. . 28351 17 West Sooth street Carlisle, Pennsylvania 17013 (717) 249-6873 BY: II ,I " " I verity that the stat&ments made in the foregoin:J Petitial are true and correct to the best of nrt lalailedge, WOnMtion and belief. I uMerstand that false statements herein are made subject to the penalties of 18 Pa. C.S. SectiCll 4904, relatin:.J to unsworn falsification to authoritias. I , , I Dl!ltal I ! I, I. II Ii 'I ,I Ii 'I I, II !! ,. " I, " It 'I 'I I, '! Ii r I !I " JANFr D. Al1Ill'ICE " . ,';', , .', 1 I I , EXHIBIT "B" The following is a list of the credit cards and bllls that are to be paid by HUSBAND, Kenneth P. Auhice: 1. Lord and Taylor Account" 113-61-09 2. Bon Ton Account " 085-209-583 3. Choice Visa Account" 4428 1351 9199 2957 4. Chase Advantage Credit Account" 25 86355162 5. Montgomery Ward Account " 266 526 903 6.' MBNA America (Visa) Account /I 4800 1266 0141 6875 7. Cellular One , The MBNA America (VISa) is a debt of Husband and Wife and discharged by Husband in his Chapter 13 Plan. The creditor is seeking payment from Wife. Even though discharged in bankruptcy, the MBNA America VISa will be the sole obligation of Husband who by this Agreement realfinns that debt and will pay it on behalf of Wife. ........ """."