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~ IN THE COURT OF COMMON PLEAS ·
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~ OF CUMBERLAND COUNTY ~
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~ STATE OF ":1_.. . .' PENNSYLVANIA ~
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I AND NOW, . . . . . . . . . . . . . ., 19!)Q..... it Is ordered and i
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CUMBERLAND COUNTY, PENNSYLVANIA
Plalnllff
NO. 94-6621 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
vs,
BARBARA L. BORNMAN,
Defendant
~RCESETTLEMENTAGREEMENT
"d..d'
THIS O'VORCE SETTLEMENT AGREEMENT, made this '2'~ day of February, 1998, by and
betwesn Emerson E. Bornman, Jr., of Mechanlcsburg, Cumbertand County, Pennsylvania (hereinafter called
"Husband"), and Barbara L. Bornman, of Harrisburg, Dauphin County, Pennsylvania (hereinafter called
"WIfe").
WIT N E SSE T H:
WHEREAS, Husband and Wife were lawfully married on January 9, 1968, In Columbia County,
Pennsylvania; and
WHEREAS, two children have been born of this marriage, however, both children are adults and there
are no minor children; and
WHEREAS, differences have artsen between Husband and Wife the consequence of which they Intend
to conllnue to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their property rtghts and obllgallons
growing out of their marttal relationship; and
WHEREAS, the parties desire to confirm their understanding In wrlllng.
NOW, THEREFORE, the parties hereto, Intending to be legally bound hereby, agree as follows:
1. SQJJaratlon. The parties hereto separated In April, 1994, and shall conllnua to live separate
and apart and will not cohabltate with each other. It shall be lawful for each party at all limes hereafter to live
separate and apart from each other at such a place or places as he or she may from lime to time choose or
deem fit.
2. Interference. From the date of signing this Agreement, each party shall be free from
Interference, authority and control of the other, as fully as If he or she were single or unmarried, except as may
be necessary to carry out the provisions of this Agreement. Neither party shall harass or allemptto harass the
other, or compel the other to cohabllate wllh the other or In any way malign the other, or In any other way
Interfere with their peaceful existence, separate Ilnd apart from the other.
3. Mutual Release. Subject to the provisions contained In this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representallves, executors, administrators and assigns, forever release and discharge the other of and from all
causes of acllon, claims, rights or demands whatsoever In law or equity, which either of the parties ever had or
now has against the other, except a cause or causes of action for divorce or all causes of acllon for breach of
any provisions of this Agreement. Further, each party, subject to the provisions of this Agreement, releases
and forever discharges the other from any and all claims one may have against the other arising out of this
matrimonial acllon, Including, but not limited to alimony, alimony pendente lIIe, spousal support, equitable
distribution, counsel feeo, costs and expenses.
4. Waiver of Claims Against the Estatfl. Except as herein otherwise provldeLl, each party may
dispose of his or her property In any way, and each party hereby waives and relinquishes any and all rights he
or she may now have or hereafter acquire under the present or future law of any Jurlsdlcllon to share In the
property or the estate of the other as a result of the marital relallonshlp, Including, wlthoutllmltallon, dowry,
courtesy, statutory allowance, widow's allowance, homestead rights, right to equitable dlstrlbullon, rights to
take In Intestacy, right to elact against the will of tha other, and rlghtto act as administrator or executor of the
other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and atl
Instruments that may be necessary or advisable to carry Into effect this mutual waiver and relinquishment of all
such Interests, rights and claims.
5. Division of Personal Prqperty. Except as set forth herein, each of the parties hereto has
divided between themselves, to their mutual sallsfacllon, all Items of tangible and Intangible marital personal
property, Including household furnishings and other similar property. Neither party shall make any claim to any
2
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. Should It become necessary, the parties each agree to sign,
upon request, any titles or documents necessary to give effect to this paragraph. The property shall be
deemed to be In the possession or under the control of either party If, In the case of tangible personal property,
the Item Is physically In the possession or control of the party at the time of the signing of this Agreement, and
In the case of Intangible personal property, If any physical or written evidence of ownership, such as a
passbook, check book, policy or certificate of Insurance or other similar writing Is In the possession or control of
the party.
With respect to the motor vehicles owned by one or both of the parties, they agree that the vehicles
currently titled In their own names and In their possession, shall become their sole and separate property,
subject to any liens and encumbrances. Husband and Wife agree to Indemnify each other on account of any
said obligations. In addition, with respect to the 1991 truck currently In Husband's possession, that vehicle
shall become the sole and separate property of Husband, subject to any liens and encumbrances. Husband
agrees to Indemnify and save Wife harmless on account of any said obligation.
The titles to the said motor vehicles shall be executed by the parties, If appropriate, for effecting the
transfer as herein provided, on the date of execution of this Agreement If the title Is In the possession of one or
the other party. In the event that either or all of the documents of title to the said vehicles shall be In the hands
of a bank or other holder of the lien or encumbrance upon said vehicle, tho parties agree to advise such bank
or holder as to the transfer of title set forth herein and they further agree to execute whatever documents may
be required to transfer title or said document of title as In the hands of such bank or holder.
6. Division of Real ProDerty. Wife agrees and does hereby transfer all of her right, title and
Interest In and to the real estate situated at 810 North Arch Street, Mechanlcsburg, Cumberland County,
Pennsylvania, 17055, now titled In the name of Husband and Wife as tenants by the entireties to Husband,
and agrees to Immediately execute now and In the future, any and all deeds, documents, or papers necessary
to affect such transfer of title upon request. Wife further acknowledges that upon her execution of this
Agreement she has no claim, right, Interest, or title whatsoever In said real property and further agrees never to
assert any claim to said property. Said transfer shall be effective Immediately upon Wife's execution of this
Agreement. Husband hereby covenants and agrees to assume and pay In full on a timely basis any
obligations encumbering or constituting a lien upon said property and further covenants and agrees that he will
Indemnify and save Wife harmless from any and all liability, expense, cost, or loss whatsoever as a result of
his nonpayment of or nonperformance of said obligations.
3
7. Husband's State Rellrement.. Husband's retirement benefits through the State Employee's
Retirement System (SERS) shall become the sole and separate property of Husband, and Wife hereby agrees
to waive and release any and all right, title or Interest to said retirement benefits.
8. Wife's Rellrement Benefits. Wife's IRA with Merrill Lynch from her previous employment at
Early Intervention Programs, Inc., shall become the sole and separate property of Wife, and Husband hereby
agrees to waive and release any and all right, title or Interest to said retirement benefits.
9. Miscellaneous Personal Property.. Except as otherwise agreed by the parties, the firearms,
sporting goods, survey equipment, hand tools and household goods currenlly In Husband's possession shall
become the sole and separate property of Husband. Any and all firearms, SUrv3Y equipment, computer
equipment, household goods, except a buffeVserver given to the parties by the wife's mother In 1983, deferred
compensation account, and U.S. Savings Bonds, purchased or acquired after the parties separation of April,
1994, shall become the sole and separate property of Husband. Wife hereby waives and releases all her right,
title and Interest to any of the above-mentioned Items of personal property. All Items of personal property
currently In Wife's possession shall become the sole and separate property of Wife, and Husband hereby
waives and releases all right, title and Interest to said Items of personal property.
10. Payment to Wife. In full and final settlement of the parties transfer and distribution of marital
assets, Husband shall pay to Wife the lump sum of $40,000.00 via check drawn on Husband's counsel's
escrow account at the time of settlement and execution of this Divorce Settlement Agreement.
11. Spousal Support/Alimony. Commencing on the execution date of this agreement and
continuing for a period of four years thereafter, Husband shall pay to Wife the sum of $1.00 per year or four
annual payments and said payments shall constllute spousal support for so long as the parties remain married
and Alimony from the date the Divorce Decree Is entered with respect to the parties. However,
notwithstanding the prior sentence, If and In the event Husband files for bankruptcy or Is forced Into Involuntary
bankruptcy, at any time prior to th3 expiration of four years from the date of execution of this agreement, then
any sums Husband owes to Wife by the terms of this agreement which Husband succeeds In discharging In
bankruptcy, or which Wife must pay over to creditors of Husband, shall be payable to Wife as Alimony, dollar
for dollar, as such would otherwise become due and payable under the terms of this agreement. In addition,
the value of any property awarded to Wife by the terms of this agreement which Husband Involves In any
bankruptcy proceeding shall Immediately become due and payable to Wife as Alimony. Husband also shall be
solely responsible for any costs, fees and expenses, Including counsel fees, which Wife may Incur In
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connection with any bankruptcy proceeding he may inlllate. No Alimony payments whatsoever required by the
terms of this agreement shall be taxable to Wife or deductible by Husband for tax purposes, nor shall any such
payments ba terminable upon her death, remarriage or cohabitation.
12. Additional 'nstruments. Each of the parties shall, on demand, execute and deliver to the
other any deeds, bills of sale, assignments, consents to change of beneficiary on Insurance policies, tax
retums and other documents and do or cause to be done any other act or thing that may be necessary or
desirable to effectuate the provisions and purposes of this Agreement. If either party faits, on demand, to
comply with this provision, that party shall pay to the other, all attorneys fees, costs and other expenses
reasonably Incurred as a result of such failure.
13. Debts and LIabilities. Husband and Wife hereby represent and warrant to the other that he or
she has not Incurred any debts or liabilities or made any contracts for which the other or his or her estate may
be liable, exc.ept as stated In this Agreement. If either party has Incurred an Individual obligation during the
term of the marriage, that party shall be responsible to discharge said obligation and hereby agrees to
Indemnify and save the other spouse harmless on account of said obligation.
The parties have a Joint visa loan/account through PSECU with a current balance of $6,446.06.
Husband agrees not to Increase this account. Husband agrees to pay this account In fult and close It within
four (4) years from the date of execution of this Agreement. Should wife ever be held responsible for paying
any amount on this account, In whole or In part, husband agrees to indemnify end hold wife harmless,
Including, without limitation, being subject to a modification of the annual alimony award provided for In
Paragraph 11 of this Agreement.
14. WatTlln(yas to Futuro Obl/gatlons. Husband and Wife each covenant, warrant, represent
and agree that with the exception of the obligations set forth in this Agreement, neither of them shall hereafter
incur any Ilablllty whatsoever for which the estate of the other may be liable. Each party shall Indemnify and
hold harmless the other party for and against eny and all debts, charges and liabilities Incurred by the other
after the date of execution of this Agreement, except as may be otherwise specifically provided for by the
terms of this Agreement.
15. After Acquired Persona' ProDerty. Each of the parties hereto shall hereafter own end enjoy,
Independent of any claims or right of the other, ell Items of personal property, tangible or Intangible, hereafter
5
acquired by him or her, with full power In him or her to dispose of the same as fully and effectively, In all
respects and for all purposes, as though he or she were unmarried.
16. Disclosure. Husband and Wife each represent and warrant to the other that he or she has
made a full and complete disclosure of all assets of any nature whatsoever and which such party has an
Interest and of all other facts relating to the subject maller of this agreement. The parties confirm that each
has relied upon the substantial accuracy of the financial disclosure of the other as an Inducement to the
execution of this agreement.
17. RfWresentatlon by Counse'. The provisions of this egreement and their legal affect have
been fully explained to the parties by their respective counsel, Joseph L. Hitchings, Esquire for Husband and
Donald B. Owen, Esquire for Wife. The parties have acknowledged that they received Independent legal
advice of counsel from their own selection and that they fully understand the facts and have been fully
Informed as to their legal rights and obligations and they acknowledge and accept that this agreement Is fair
and equltabls and It Is being entered Into freely and voluntarily.
18. Mutwlf Consent Divorce. The parties acknowledge that Husband has Instltutad a divorce
action against Wife In the Cumberland County Court of Common Please docketed to 94.6621 Civil Term. The
parties agree and acknowledge that their marriage Is Irretrievably broken, that they do not desire marital
counseling, and that they both consent to the entry of a decree In divorce pursuant to Section 3301 (c) of the
Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter referred to as the Code). The
parties, should It be necessary, agree to execute any and all documents Including Affidavits of Consent and
Waiver of Notice as soon as may be practical and Husband's counsel shall take the necessary steps to finalize
the divorce as soon as may be practical.
17. Effect of the D'vorce Decree. The parties agree that unless otherwise specifically provided
herein, this Agreement shall continue In full force and effect after such time as a final decree In divorce may ba
entered with respect to the parties. It Is the Intent of the parties hereto that this Agreement shall create
contractual rights and obligations entirely Independent of any Court Order and that this Agreement may be
enforced by contract remedies In addition to any other remedies which may be available pursuant to the terms
of this Agreement or otherwise under the Pennsylvania divorce laws.
20. Bank Accounts. Certificates. Insurance Policies. Pension Funds and other Assets. Each
party shall retain any Individual retirement account In his or her name. Each party shall retain as his or her
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own propelty, any pension, stock, savings or other plan through his or her place of employment, or otherwise,
whether vested or non vested. Each party shall be and remain the sole owner of any other asset In his or her
control not specifically covered by other provisions In this Agreement. Should It become necessary, each party
agrees to sign any other titles or documents necessary to give effect to this secllon upon request of the other
party.
21. Breach. If ellher party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach. The party breaching this Agreement shall be
responsible for the payment of all legal fees and costs Incurred by the other In enforcing his or har rights under
this Agreement, or seeking such other remedy or relief as may be available to him or her.
22. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be
effective only If made In writing and executed with the same formality as this Agreement. The failure of ellher
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.
23. Severability. If any provision of this Agreement 15 held to be Invalid or unenforceable, all other
provisions shall nevertheless continue In full force and effect.
24. Descriptive Headings. The descriptive headings used herein are for convenience only. They
shall have no effect whatsoever In determining the rights or obligations of the parties.
25. Successors and Assigns. This Agreement, except as otherwise expressly provided herein,
shall be binding upon and shall Inure to the benefit of the respective legatees, devisees, heirs, executors,
administrators, assigns and successors In Interest of the parties.
26. Governing Law. This Agreement shall be govemed by and shall be construed In accordance
with the laws of the Commonweallh of Pennsylvania.
27. Entire Agreement. This Agreement contains the enllre understanding of the parties and there
are no representations, warranlles, covenants or undertakings other than those expressly set forth herein.
7
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAN!t'
NO. q 4- u. ft-.J... I (' ULLL,--1 t L
EMERSON E. BORNMAN, JR.,
vs.
IN DIVORCE
BARBARA L. BORNMAN,
Defendant
NOTICE TO DEFEND AND CLAIM RIGIITS
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 fall to do so, the case may proceed without you and a decree 0
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 pages 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 Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013-3387
Telephone: (717) 240-6200
OOl331-OOOO21Novcmbcr II. 1\l9~IILHIMHI39676
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce to Plaintiff and Defendan
as if they had never been married.
JOHNSON, DUFFIB. STEWART & WEIDNER
Date: 11- J'" - "I 'i
BY:~~'~
Joseph L. Hitchings
Attorney 1.0. No. 655S1
301 Market Street
P.O. Box 109
Lemoyne, PA 1704Hll09
Telephone (717) 761-4540
Altl.'rneys for Plaintiff
I verify that the statementa made in this Complaint are true and correct to the beat of my knowledlle
Information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.
C.S.A 64904, relating to unsworn falsification to authorities.
Date: /'I1l1l /~ 199'1
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. 001331-0000111....20, 199711U11KJ(I.11602H
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-6621 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
EMERSON E. BORNMAN, JR.
vs.
BARBARA L. BORNMAN,
Defendant
f;ERTIFICA7'E OF SERVICE
I hereby certify that on the 26" day of November, 1994, that I served a true and correct copy of the Complaint
In Divorce upon the Defendant, Barbara L. Bornman, by certified mall, restricted delivery, to her address at 21 I
Dauphin Street, Enola, Pennsylvania, return receipt requested, attached hereto and made a part hereof.
Respectfully submitted,
JOHNSON. DUFFIE, STEWART & WEIDNER
seph L. Itchings
I\ttorney 1.0. #65551
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
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EMERSON E. BORNMAN, JR..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 94.6621 CIVIL TERM
vs.
CIVIL ACTION. LAW
BARBARA L. BORNMAN,
IN DIVORCE
Defendant
PETITION FOR
EQUITABLE DISTRIBUTION UNDER THE DIVORCE CODE
The Petition of Emerson E. Bornman, Jr.. by his ettorneys, Johnson, Duffle, Stewart & Weidner,
respectfully represents that:
COUNT I- EOUlTABLE OISTRIBUTlON
1. Petitioner, Emerson E. Bornman, Jr., Is the Plaintiff In the above action who filed a
Complaint in Divorce under Section 330 11c) of the Divorce Code on November 21. 1994. Respondent,
Berbara L. Bornman, has not filed a counterclaim or Complaint for related matters under the Divorce Code.
2. Plaintiff and Respondent were married on January 9, 1968, In Bloomsburg, Columbia
County, Pennsylvania.
3. Plaintiff and Respondent have legally and beneficially acquired property during their marriage
from Jenuary 9, 1968 until April 1994, the date of their separation, which property is "merital property."
4. Petitioner and Respondent may have owned, prior to the marriage, proparty, both real end
personal, which property has increased In value during the marriage and lor which has baen exchangod for
other property, which has increesed In value during the marriege, all of which Is "marital property."
5. Petitioner and Respondent have been unable to agree as to an equitable division of said
property to tha date of the filing of this Petition.
.
008331.00002/July 2S, 1997/JLHIMHI8S48S
6. Petltlonllr requests the Court to equitably divide ell merltal property and to enjoin Patltloner
and Respondant from ths removal. disposition. alienation. or encumborlng of all real and personel property
of the parties.
JOHNSON. DUFFIE. STEWART & WEIDNER
Date: -7~ ~ f - , .,
,
By:
os ph L. Hitching
Attorney 1.0. No. 65561
301 Market Street
P.O. Box 109
Lemoyne. PA 17043.0109
Telephone (717) 761.4640
Attorneys for Petitioner
00833HlOO02/July 28. 1997/JLH/MH/b5488
..
VERIFICA TION
I. Joseph L. Hitchings. attorney for Plaintiff/Petitioner, verify that ths statements made in the
foregoing Petition ere true and correct to the best of my knowledge end belief bassd on information
supplied to mll by the Plaintiff/Petitioner. I understand that false statements herein are made subject to
the pensltles of 18 Pa.C.S. !4904 relating to unsworn falsification to authorities.
Date: 7-~ r- ~ 7
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6621 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
EMERSON E. BORNMAN, JR.,
vs.
BARBARA L. BORNMAN,
Defendant
AFFIDA VIT OF CONSENT
1. A Complaint In divorce under Section 3301 (c) of the Divorce Code was filed on November 21,
1994.
2. The marrlage of Plaintiff and Defendant Is Irretrievably broken and ninety days have elapsed
from the date of filing the Complaint.
3. I consent to the entry of a final decree In divorce after service of notice of Intention to request
entry of the decree.
4. I have been advised of the availability of marrlage counseling, understand that the Court
maintains a list of marrlage counselors and that I may request the Court require my spouse and I to participate
In counseling and, being so advised, I do not request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
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. ~4904 relating to unswom falsification to
authorities.
Date: 2 - v'l5 -cf;J'
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CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6621 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
vs.
BARBARA L. BORNMAN,
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301((;.1 OF THE DIVORCE CODE
1. I consent to the entry of a final decree In divorce without notice.
2. I understand that I may lose rights concemlng alimony, division of property, lawyer's fees or
expenses If I do not claim them before a divorce Is granted.
3. I understand that I will not be divorced unlll a divorce decree Is entered by the Court and that s
copy of the decree will be sent to me Immediately after It Is filed with the Prothonotary.
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. ~4904 relating to unswom falsification to
authorities.
Date: 2 -,1..3. 1$
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EMERSON E. BORNMAN, JR.,
Plaintiff
.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 6621 CIVIL
vs.
BARBARA L. BORNMAN,
Defendant
IN DIVORCE
AND NOW,
ORDER OF ~T
this ~ day
Of~
1998, the economic claims raised in the proceedings having been
resolved in accordance with a divorce settlement agreement dated
February 23, 1998, the appointment of the Master is vacated and
counsel can file a praecipe transmitting the record to the Court
requesting a final decree in divorce.
BY THE COURT,
co:
Joseph L. Hitchings
Attorney for Plaintiff
Donald B. Owen
Attorney for Defendant
P.J.
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IN THE COURT OF COM
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94.6621 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
vs.
BARBARA L. BORNMAN,
Defendant
DIVORCE SETTLEMENT AGREEMENT
'p ~ <l.
THIS DIVORCE SETTLEMENT AGREEMENT, made this ) day of February, 1996, by and
between Emerson E. Bornman, Jr., of Mechanlcsburg, Cumberland County, Pennsylvania (hereinafter called
"Husband"), and Barbara L. Bornman, of Harrisburg, Dauphin County, Pennsylvania (hereinafter called
"WIfe").
WI TNESSETH:
WHEREAS, Husband and Wife were lawfully married on January 9, 1966, In Columbia County,
Pennsylvania; and
WHEREAS, two children have been born of this marriage, however, both children are adults and there
are no minor children; and
WHEREAS, differences have arisen between Husband and Wife the consequence of which they Intend
to continue to live separate and apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their property rights and obligations
growing out of their marital relationship; and
WHEREAS, the parties desire to confirm their understanding In writing.
NOW, THEREFORE, the parties hereto, Intending to be legally bound hereby, agree as follows:
1. Seoaratlon. The parties hereto separated In April, 1994, and shall continue to live separate
and apart and will not cohabitate with each other. It shall be lawful for each party at all times hereafter to live
separate and apart from each other at such a place or places as he or she may from time to time choose or
deem fit.
2. Interference. From the date of signing this Agreement, each party shall be free from
Interference, authority and control of the other, as fully as If he or she were single or unmarried, except es may
be necessary to carry out the provisions of this Agreement. Neither party shall harass or attempt to harass the
other, or compel the other to cohabltate with the other or In any way malign the other, or in any other way
interfere with their peaceful existence, separate and apart from the other.
3. Mutual Release. Subject to the provisions contained In this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, forever release and discharge the other of and from all
causes of action, claims, rights or demands whatsoever In law or equity, which either of the parties ever had or
now has against the other, except a cause or causes of action for divorce or all causes of action for breach of
any provisions of this Agreement. Further, each party, subject to the provisions of this Agreement, releases
and forever discharges the other from any and all claims one may have against the other arising out of this
matrimonial action, Including, but not limited to alimony, alimony pendente lite, spousal support, equitable
distribution, counsel fees, costs and expenses.
4. Waiver of Claims Against the Estate. Except as herein otherwise provided, each party may
dispose of his or her property In any way, and each party hereby waives and relinquishes any and all rights he
or she may now have or hereafter acquire under the present or future law of any Jurisdiction to share In the
property or the estate of the other as a result of the marital relationship, Including, without IImltallon, dowry,
courtesy, statutory allowance, widow's allowance, homestead rights, right to equitable distribution, rights to
take in Intestacy, right to elect against the will of the other, and right to act as administrator or executor of the
other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all
Instruments that may be necessary or advisable to carry Into effect this mutual waiver and relinquishment of all
such Interests, rights and claims.
5. Division of Personal Property. Except as set forth herein, each of the parties hereto has
divided between themselves, to their mutual satisfaction, all Items of tangible and Intangible marital personal
property, Including household fumlshlngs and other similar property. Neither party shall make any claim to any
2
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. Should It become necessary, the parties each agree to sign,
upon request, any titles or documents necessary to give effect to this paragraph. The property shall be
deemed to be In the possession or under the control of ellher party If, In the case of tangible personal property,
the lIem Is physically In the possession or control of the party at the time of the signing of this Agreement, and
In the case of Intangible personal property, If any physical or written evidence of ownership, such as a
passbook, check book, policy or certificate of Insurance or other similar writing Is In the possession or control of
the party.
With respect to the motor vehicles owned by one or both of the parties, they agree that the vehicles
currently tilled In their own names and In their possession, shall become their sole and separate property,
subJect to any liens and encumbrances. Husband and Wife agree to Indemnify each other on account of any
said obligations. In addition, with respect to the 1991 truck currently In Husband's possession, that vehicle
shall become the sole and separate property of Husband, subject to any liens and encumbrances. Husband
agrees to Indemnify and save Wife harmless on account of any said obligation.
The titles to the said motor vehicles shall be executed by the parties, If appropriate, for effecting the
transfer as herein provided, on the date of execution of this Agreement If the title Is In the possession of one or
the other party. In the event that either or all of the documents of tllle to the said vehicles shall be In the hands
of a bank or other holder of the lien or encumbrance upon said vehicle, the parties agree to advise such bank
or holder as to the transfer of title set forth herein and they further agree to execute whatever documents may
be required to transfer title or said document of title as In the hands of such bank or holder.
6. Division of Real ProperlY. Wife agrees and does hereby transfer all of her right, title and
Interest In and to the real estate situated at 810 North Arch Street, Mechanlcsburg, Cumberland County,
Pennsylvania, 17055, now titled In the name of Husband and Wife as tenants by the entireties to Husband,
and agrees to Immediately execute now and In the future, any and all deeds, documents, or papers necessary
to affect such transfer of title upon request. Wife further acknowledges that upon her execution of this
Agreement she has no claim, right, Interest, or title whatsoever In said real property and further agrees never to
assert any claim to said property. Said transfer shall be effective Immediately upon Wife's execution of this
Agreement. Husband hereby covenants and agrees to assume and pay In full on a timely basis any
obligations encumbering or constituting a lien upon said property and further covenants and agrees that he will
Indemnify and save Wife harmless from any and all liability, expense, cost, or loss whatsoever as a result of
his nonpayment of or nonperformance of said obligations.
3
7. Husband's State Retirement.. Husband's retirement benefits through the State Employee's
Retirement System (SERS) shall become the sole and separate property of Husband, and Wife hereby agrees
to waive and release any and all right, title or Interest to said retirement benefits.
8. Wife's Retirement Benefits. Wife's IRA with Merrill Lynch from her previous employment at
Early Intervention Programs, Inc., shall become the sole and separate property of Wife, and Husband hereby
sgrees to waive and release any and all right, title or Interest to said retirement benefits.
9. MIscellaneous Personal Property. Except as otherwise agreed by the parties, the firearms,
sporting goods, survey equipment, hand tools and household goods currently In Husband's possession shall
become the sole and separate property of Husband. Any and all firearms, survey equipment, computer
equipment, household goods, except a buffeVserver given to the parties by the wife's mother In 1983, deferred
compensation account, and U.S. Savings Bonds, purchased or acquired after the parties separation of April,
1994, shall become the sole and separate property of Husband. Wife hereby waives and releasEls all her right,
title and interest to any of the above. mentioned items of personal property. All Items of personal property
currently In Wife's possession shall become the sole and separate property of Wife, and Husband hereby
waives and releases all right, title and Interest to said items of personal property.
10. Payment to Wife. In full and final settlement of the parties transfer and distribution of marital
sssets, Husband shall pay to Wife the lump sum of $40,000.00 via check drawn on Husband's counsel's
escrow account at the time of settlement and execution of this Divorce Settlement Agreement.
11. Spousal Support/Alimony. Commencing on the execution date of this agreement and
continuing for a period of four years thereafter, Husband shall pay to Wife the sum of $1.00 per year or four
annual payments and said payments shall constitute spousal support for so long as the parties remain married
and Alimony from the date the Divorce Decree Is entered with respect to the parties. However,
notwithstanding the prior sentence, If and In the event Husband flies for bankruptcy or Is forced Into Involuntary
bankruptcy, at any time prior to the expiration of four years from the date of execution of this agreement, then
any sums Husband owes to Wife by the terms of this agreement which Husband succeeds In discharging In
bankruptcy, or which Wife must pay over to creditors of Husband, shall be payable to Wife as Alimony, dollar
for dollar, as such would otherwise become due and payable under the terms of this agreement. In addition,
the value of any property awarded to Wife by the terms of this agreement which Husband Involves In any
bankruptcy proceeding shall Immediately become due and payable to Wife as Alimony. Husband also shall be
solely responsible for any costs, fees and expenses, Including counsel fees, which Wife may Incur In
4
connection with any bankruptcy proceeding he may Initiate. No Alimony payments whatsoever required by the
terms of this agreement shall be taxable to Wile or deductible by Husband for tax purposes, nor shall any such
payments be terminable upon her death, remarriage or cohabitation.
12. Addltlona/lnstruments. Each of the parties shall, on demand, execute and deliver to the
other any deeds, bliis of sale, assignments, consents to change of beneficiary on Insurance pollclss, tax
retums and other documents and do or cause to be done any other act or thing that may be necessary or
desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to
comply with this provision, that party shall pay to the other, all attomeys fees, costs and other expenses
reasonably Incurred as a result of such failure.
13. Debts and Liabilities. Husband and Wife hereby represent and warrant to the othsr that he or
she has not Incurred any debts or liabilities or made any contracts for which the other or his or her estate may
be liable, except as stated In this Agreement. If either party has Incurred an Individual obligation durlng the
term of the marriage, that party shail be responsible to discharge said obligation and hereby agrees to
Indemnify and save the other spouse harmless on account of said obligation.
The parties have a joint visa loan/account through PSECU with a current balance of $6,446.06.
Husband agrees not to Increase this account. Husband agrees to pay this account In full and close It within
four (4) years from the date of execution of this Agreement. Should wife ever be held responsible for paying
any amount on this account, In whole or In part, husband agrees to Indemnify and hold wife harmless,
Including, without limitation, being subject to a modification of the annual alimony award provided for In
Paragraph 11 of this Agreement.
14. Wanan(y as to Future Obligations. Husband and Wife each covenant, warrant, represent
and agree that with the exception of the obligations set forth In this Agreement, neither of them shall hereafter
Inr.ur any lIabliity whatsoever for which the estate of the other may be liable. Each party shall Indemnify and
hold harmless the other party for and against any and all debts, charges and lIabliitles Incurred by the other
after the date of execution of this Agreement, except as m",y be otherwise specifically provided for by the
terms of this Agreement.
15. After ACQu/red Persona/ Prqpsrty. Each of the parties hereto shall hereafter own and enjoy,
Independent of any claims or right of the other, all Items of personal property, tangible or Intangible, hereafter
5
acquired by him or her, with full power In him or her to dispose of the same as fully and effectively, In all
respects and for all purposes, as though he or she were unmarried.
16. Disclosure. Husband and Wife each represent and warrant to the other that he or she has
made a full and complete disclosure of all assets of any nature whatsoever and which such party has an
Interest and of all other facts relating to tho subject matter of this agreement. The parties confirm that each
has relied upon the substantial accuracy of the financial disclosure of the other as an Inducement to the
execution of this agreement.
17. Representation by Counsel. The provisions of this agreement and their legal affect have
been fully explained to the parties by their respective counsel, Joseph L. Hitchings, Esquire for Husband and
Donald B. Owen, Esquire for Wife. The parties have acknowledged that they received Independent Isgal
advice of counsel from their own selection and that they fully understand the facts and have been fully
Informed as to their legal rights and obligations and they acknowledge and accept that this agreement Is fair
and equitable and It Is being entered Into freely and voluntarily.
18. Mutual Consent Divorce. The parties acknowledge that Husband has Instituted a divorce
action against Wife In the Cumberland County Court of Common Please docketed to 94-6621 Civil Term. The
parties agree and acknowledge that their marriage is Irretrievably broken, that they do not desire marital
counseling, and that they both consent to the entry of a decree In divorce pursuant to Section 3301 (c) of the
Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (hereinafter referred to as the Code). The
parties, should It be necessary, agree to execute any and all documents Including Affidavits of Consent and
Waiver of Notice as soon as may be practical and Husband's counsel shall take the necessary steps to finalize
the divorce as soon as may be practical.
17. Effect of the Divorce Decree. The parties agree that unless otherwise specifically provided
herein, this Agreement shall continue In full force and effect after such time as a final decree In divorce may be
entered with respect to the parties. It Is the Intent of the parties hereto that this Agreement shall create
contractual rights and obligations entirely Independent of any Court Order and that this Agreement may be
enforced by contract remedies In addition to any other remedies which may be available pursuant to the terms
of this Agreement or otherwise under the Pennsylvania divorce laws.
20. Bank Accounts. Certlncates. Insurance Policies. Pens'on Funds and other Assets. Each
party shall retain any Individual retirement account In his or her name. Each party shall retain as his or her
6
own property, any pension, slock, savings or other plan through his or her place of employment, or otherwise,
whether vssted or non vested. Each party shall bo and remain the sole owner of any othor asset In his or her
control not specifically covered by other provisions In this Agreement. Should It become necessary, each party
agrees to sign any othe~ titles or documents necessary to give effect to this section upon request of the other
party.
21. Breach. If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach. The party breaching this Agreement shsll be
responsible for the payment of all legal fees and costs Incurred by the other In enforcing his or her rights under
(his Agreement, or seeking such other remedy or relief as may be available to him or her.
22. Modification and Waiver. Modification or waiver of any provision 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 Insls\ 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.
23. Severability. If any provision of this Agreement Is held to be Invalid or unenforceable, ail other
provisions shall nevertheless continue In full force and effect.
24. Descriptive Headings. The descriptive headings used herein are for convenience only. They
shail have no effect whatsoever In determining the rights or obligations of the parties.
25. Successors and Assigns. This Agreement, except as otherwise expressly provided herein,
shall be binding upon and shall Inure to the benefit of the respective legatees, devisees, heirs, executors,
administrators, assigns and successors In Interest of the parties.
26. Governing Law. This Agreement shail be govemed by and shall be construed In accordance
with the laws of the Commonwealth of Pennsylvania.
27. Entire Agreement. This Agreement contains the entire understanding of the parties and there
are no representations, warranties, covenants or undertakings other than those expressly set forth herein.
7
28. Settlement. The parties hereby agree that settlement shall take place at the office of the
Divorce Master of Cumberland County, E. Robert Elicker, on Monday, February 23, 1998, at which time the
transfer of all property, funds and/or documents provided for herein, shall lake place.
IN WITNESS WHEREOF, the parties hereto, Intending to be legally bound hereby, have hereunto set
their hands and seals the day and year first above.wrltten.
WITNESS:
(SEAL)
~c~lv
Emerson E. Bommarf, Jr.
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;106766
8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ~aY of fif:::> ,1998, before me the undersigned officer, personally
appeared Emerson E. Bomman, Jr., known to me or satisfactorily proven to be the person whose name 15
subscribed to the foregoing Instrument and acknowledge that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
C~f)kQdJ gO
- Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Notarial Seal
Donald B. Owen. Nolary Public
Easl Pennsboro Twp" Cumberland Counly
My CommlsOIon e,plree Nov. 24. 2000
Member. Pennsylvania Assoclallon 01 Nolarles
On this, the ~ay of ~ ' 1998, before me the undersigned officer, personally
appeared Barbara L. Bomman. known to me or salisfactorlly proven to be the person whose name Is
subscribed to the foregoing Instrument and acknowledge that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
cf)C'tM~
Notary Public
9
NotarIal Seal
Conoid n Ownn. Notary Public
ERst !""HiMboro fwp ,Cumberland Counly
MV Comml~c;lon E'plrAS Nov. 24, 2000
Memher. Pennsylvania Assoclahon 01 Nolarles
~
. .
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Mr. Hitchings and Mr. Owen, Attorneys at Law
4 August 1997
Page 2
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
.
EMERSON E. BORNMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 94 - 6621 CIVIL
BARBARA L. BORNMAN,
Defendant IN DIVORCE
REI Pre-Hearing Confer~nce Memorandum
DATE: Monday, November 17, 1997
Present for the plaintiff, Emerson E. Bornman, is
attorney Keirsten Walsh, who is with the law firm of Joseph L.
Hitchings. Mr. Hitchings is not present today for personal
reasons and Mr, Owen, counsel for Barbara L. Bornman, has
indicated that he will not object to Mr. Hitchings ultimately
trying the case even though he is not present today for the
pre-hearing conference. As indicated, attorney Donald B. Owen
is present for the Defendant, Barbara L. Bornman.
We have had a discussion today regarding the amount
of debt in this case which involves issues of bankruptcy and
whether or not certain debts are joint or individual debts. We
have discussed the possibility of how to resolve the bankruptcy
problems by perhaps having husband pay wife a certain sum of
money with the understanding that that money may be subject to
claim by creditors for a period of time (the period of time to
protect the monies from claim would have to be discussed with a
bankruptcy attorney, which counsel intend to do) and leaving the
house in joint names which is located at 810 North Arch Street,
Mechanicsburg, Pennsylvania. The understanding would be that if
husband would file for bankruptcy during this "interim" period
the matter could be referred immediately back to the Master for
further disposition.
The Master's suggestion arises out of Mr. Owen's
concern that he felt initially that the only way to resolve this
case to protect his client from any claims by creditors is that
his client receive title to the real estate which is not subject
to all of the debt and would show approximately $40,000.00 in
equity free of any liens. Mr. Owen indicated that his review of
the case would require that thE real estate, as the only major
asset, be transferred to wife; however, Mr. Bornman has
indicated through his counsel that he would like to remain in
the premises and there is some issue as well as to whether or
not Mr, Bornman has maintained the property in a condition
commensurate with its condition at the date of separation, which
was in April 1994, Consequently, if the property passes to wife
,
.
as part of the resolution (as opposed to a cash settlement to
wife) then we have a dissipation issue to resolve.
The Master's initial review of this case led him to
believe that we should have a hearing first on the debt matter
to determine which debt is marital and which debt is the
individual debt of one of the parties. However, after our
discussion, the Master decided that he would prefer to have
counsel explore the settlement possibility that has been
outlined above and give counsel an opportunity to review that
option with a bankruptcy attorney. After the information has
been reviewed with an appropriate bankruptcy lawyer, then the
parties and counsel can come into the Master's office for a
conference if they are unable before that point to reach a
settlement. Hopefully, if there is some unresolved issue but
the parties are close to settlement then we can use the
conference procedure to perhaps bring the matter to resolution.
otherwise, if the conference does not result in a settlement
then the Master will do his usual memorandum and set a hearing
date on the debt issues and then all of the other issues to
follow.
Counsel also discussed the possibility as part of
the resolution of the economic portion of the case that perhaps
the parties could ask the Court to bifurcate so that a divorce
decree could be entered subject to the provisions of the
agreement involving the assets and debts.
The Master is going to schedule a conference with
the parties and counsel for Thursday, January 22, 1998, at 9:30
a.m. Notices will be sent to both counsel and the parties. If
an agreement is reached before January 22, 1998, the Master
should be provided a signed copy of the agreement and counsels'
position on whether or not at that time he should vacate his
appointment or because of potential involvement by the Master at
a later date, he should retain his appointment in the
proceedings.
Notice to Mr. Bornman should be sent to 810 North
Arch street, Mechanicsburg, Pennsylvania, and to Mrs. Bornman at
1519 North Front street, Apartment 5E, Harrisburg, Pennsylvania,
17102.
E. Robert Elicker, II,
Divorce Master
EMERSON E. BORNMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VS.
: NO. 94 - 6621 CIVIL
BARBARA L. BORNMAN,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Thursday, January 22, 1998
This is the date that the Master had requested the
parties and counsel appear for a conference. Present in the
hearing room are counsel for the Plaintiff, Emerson E, Bornman,
Joseph L. Hitchings, and counsel for the Defendant, Barbara L.
Bornman, Donald B. Owen. The parties are present in the
Master's office but ar.e not in the hearing room at the time this
is being dictated.
After considerable discussion, counsel have advised
that there may be a possibility of settling this case and the
Master is going to outline the understanding that we have
reached with regard to the potential settlement.
1. Husband is going to obtain the sum of $40,000.00
which he is going to pay over to his counsel to be
placed into Mr. Hitchings' escrow account.
2. Wife, upon receipt of the sum of $40,000.00, may be
willing to sign a deed transferring her interest in
the real estate at 810 North Arch Street,
Mechanicsburg, Pennsylvania. Husband will sign
whatever documents are necessary to indemnify and
save wife harmless on account of the outstanding
mortgages against the property.
3. Mr. Owen is going to satisfy his client that
there is a possibility that there are certain
mortgagees that would be willing to accept a
competently drafted release and agreement relieving
wife from the mortgage obligations allowing her to
pursue financing at a future time without the
necessity of considering this debt in her financial
plan.
In the event that the money is placed in Mr.
Hitchings account and the indemnification can be
properly drafted and the existing mortgages will
not seriously hamper wife's ability to borrow
money, wife's counsel has indicated that he
believes ho will be able to discuss with his client
the reasonableness of resolving this case by the
acceptance of the cash payment.
4. The resolution of the case by the cash payment and
the transfer of the title of the real estate would
also settle all outstanding debt claims and asset
claims between the parties so that husband would be
responsible for all outstanding debt and would
receive assets in his posseasion and wife would
receive all assets, if any, that are currently in
her possession arising out of the marital
relationship.
All of this is to be accomplished in 30 days and the
Master has requested that counsel and the parties appear in his
office on Monday, February 23, 1998, at 2:00 p.m.
E. Robert Elicker, II
Divorce Master
cc: Joseph L. Hitchings
Attorney for Plaintiff
Donald B. Owen
Attorney for Defendant
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94 - 6621 CIVIL
EMERSON E. BORNMAN,
Plaintiff
BARBARA L. BORNMAN,
Defendant
.
.
IN DIVORCE
CONFERENCE
WITH COUNSEL AND PARTIES
TO: Joseph L. Hitchings
Emerson E. Bornman
, Counsel for Plaintiff
, Plaintiff
Donald B, Owen
Barbara L. Bornman
, C~unsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the
23rd
day of February, 1998, at 2:00
p.m., with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference a hearing will
be soheduled at another date.
Very truly yours,
Date of Notice: 1/22/98
E. Robert Elicker, II
Divorce Master
4. ExhIbIts.
Credit Card Statements
Rellrement Statements
Cancelled Checks
Appraisal Report
Tax Due Nollces
Paystubs
Plalnllff reserves the right to supplement this list of exhibits as may be necessary to respond to
evidence submitted by Defendant.
5. Income. See Plalnllffs Income and Expense Statement attached hereto as Exhibit "B."
6. EJ(penses. See Plalnllffs Income and Expense Statement attached hereto as Exhibit "B."
7. RetIrement Benefits. Plalnllff has a rellrement account with the State Employee's
Rellrement System (SERS) with a frozen present value as of 9/18/95 of $85,084.47 with a debt to restore
service of $73,588.22. Sea attached Exhibit "C." Plalnllff advises at present time the debt to restore service
exceeds the frozen value.
Plalnllff also participates In the Commonwealth of Pennsylvania Deferred Compensation Program
which has a balance as of 6/30/97 of $18,982.87. Plaintiff began partlclpallng in this program after the
parties' separallon in April. 1994.
8. Marital Debts. Total debt equals approximately $152,000. See breakdown below reflecting
those debts which were In existence In 1994 and those Incurred subsequent to 1994 used to pay the 1994
debt.
Current Debt Balance Exist. '94
1" Bankcard $7,400.00 X
PA Nallonal Bank $4,500.00 $4,500.00
PSECU $9,000.00 X
PSECU $21,000.00 X
PA State Bank $20,000.00 X
Student Loan $3.700.00 $3,700.00
AT&T MC $500.00 X
Cltlbank $4,300.00 $4,300.00
GMMC $10,200.00 X
Capital One $7,650.00 X
1~ Union $6,200.00 $6,200.00
Bank of America $9,100.00 $9,100.00
Chase Visa $6,230.00 X
Exxon $14,750.00 X
MBNA $12,100.00 X
Discover $6,000.00 X
1"USA $4,500.00 $4,500.00
Property Taxes (Past Due) $3.500.00
Total: $152,630.00
9. Personal PfQJ)erty. See breakdown of martial and non-marital assets attached hereto as
Exhibit "A."
10. PfQJ)osed Resolution. Both parties keep their retirements and personal property currently In
their possession. Wife deeds her Interest In marital home to husband, In exchange husband assumes
responsibility for all debts arising out of marriage as well as all non-marital debt, If any.
Respectfully submitted,
SON, DUFFIE, STEWART & WEIDNER
B :
Joseph L. Hitchings
Attomoy 1.0. #65551
301 Market Street
P.O. Box 109
Lemoyne, PA 17043.0109
(717) 761-4540
Attomeys for Plaintiff
:66297
CERTlFICA TE OF SEiRVlCE
AND NOW, this 28"' of August, 1997, the undersigned does hereby certify that he did this date serve
a copy of the foregoing Pre-Trial Statement upon the other parties of record by causing same to be deposited
In the United Slates Mall, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Donald B. Owen, Esquire
P.O. Box B
Enola, PA 17025
By:
, DUFFIE, STEWART & WEIDNER
MARITAL ASSETS
fRrsonal PrQper(y
WJm
Home
Plaintiffs Clothing
Firearms
Household Goods
Survey Equipment
Hand Tools
Sporting Goods
91 Truck (136,000 miles)
Plaintiffs Retirement Accounts
Defendant's Retirement Accounts (estimate)
$90.000.00
$1,000.00
$2,000.00
$1,500.00
$1,000.00
$500.00
$1,000.00
$7,000.00
exact value unknown at present
$15,000.00
NON.MARITAL ASSETS
Personal Proper(y Reason Non-Marltal WJm
Firearms Either purchased before marriage or after marriage $8,000.00
or received as gifts
Survey Equipment Purchased after separation $3,000.00
Computer Equipment Purchased after separation $1,000.00
Household Goods Purchased after separation $500.00
Plaintiffs Deferred Camp. Acc\. Started after separation $18,962.87
U.S. Savings Bonds Purchased after separation $2,000.00
EXHIBIT "A"
INCOKB.
(a) wages/salary
Employer & Address. eamnnwealth of PAt Dept. of 'l'ransoortation. Middletown
Job Title/Description. Photogrammetry & Survey Dept.
Pay Period (weekly, biweekly, etc.).
Oross Pay per pay Period.
biweekly
payroll Deductions.
See attached paystub
Federal Withholding $
social Security $
Local Wage Tax $
State Income Tax $
Retirement $
Health Insurance $
Other (specify)
$
$
Net Pay per Pay Period.
(b) Other Income
Interest/Dividends
Pension/Annuity
social security
Rents/Royalties
Expense Account
oifts
Unemployment Compensation
Workmenls compensation
Total, Other Income
Self anployrrent
Month
$ 0
$ 0
$ 0
$ n
$ 0
$ 0
$ 0
$ 0
$ 1,000.00
$ 1.859.25
$
949.95
BXPBNSIS I
Home
Mortgsge/Rent
Maintenance
utilities (telephone heating,
electric, etc.)
Employment (transportation, lunches)
Taxes
Real Estate
Personal Property
Income
Insurance
Homeowners
Automobile
Life/Accident/Health
Other
Automobile (payments, fuel, repairs)
333 175 100
Medical
Doctor, Dentist, orthodontist
Hospital
Special (glasses, braces, etc.)
Education
Private, Parochial School
College
Month
$ 900.00
$ 20.00
$ 200.00
$ 175.00
$ 125.00
$ 35.00
$ 500.00
$ 300.00 yr.
$ 800.00 yr.
$ 0
$
= $25.00
= $67.00
$ 608.00
$ 10.00
$
$ 10.00
$
$
o
o
Personal
Clothing
Food
$ 100.00
$ 300.00
Other (household supplies,
barber, etc.)
$ 50.00
$ 2,260.00
Credit Payments and Loans
Miscellaneous
Household help/child care
$
$ 70.00
$ 2.00
$ 200.00
$
Entertainment (inc. papers, books,
vacation, pay TV, etc.)
Oifts/Charitable contributions
Legal Fees
Child support/alimony payments
(support)
Other (specify)
$
$
Total Expenses
$ 5,657.00
PROPIRTY OIlNBD
ownership.
Description
Value
H
w
J
Checking accounts
Savings accounts
PSECU
$ 1,000. X
$
$--
$ 2,000. X
$,?O,OOO.
$
$
X
I\Y\no
Credit Union
stocks/Bonds
t\nnp.
US Savinqs
Real Estate
Other
Total, property
INSORANCI
coverage"
Company
Policy No.
H
W
C
Hospital
Medical
Health/Accident
Disability Income
Other
" H-Husband; W-Wife; J_Joint; C.Child
COIIMONWEALTH OF PA - EMPLOYE STATEMENT ".,.. ......... .... .0. ., .... ,. nm
GROSS EARNINGS 1.1".25 JJ,IOJ.16
PAV PERIOD ENDING, 01-01-97 PAY DATE. Oaw22-91 MINUS DEDUCTIONS
VT', T.OIOO6loooo DEPT, DOl COC. 043'0 fED HTH IX H 01 IU." 2,991.41
sac SEe IX '.20000'< 115.21 1,"0.4'
EMP'I 03414' P05' I 112912 SSN: 113-31-6015 SOC 'EC/HED TX 1.45C>C>Cn 26." '''.56
I/UI IJ PAY RANGE I 07 nEPI2Q LEYElI 00 STAlE HI" TX PI 2.10000'< n." "1.91
TRANSPORTATION BUREAU OF DESIGN LOC NO U.RU PA 21 100 1 . DClCl<m 11." 320."
RET P/U CoN STATE IMP 5 . DClCl<m n." 1,552.17
TA. DIF CONP 400.00 4,.00.00
SAY BONDS 50.00 150.00
51 EHP CONB AP I.DO 11.00
EMERSON E BORNMAN JR
810 NORTH ARCH STREET
MECHANICSBURG PA 17055
NET URNINGS, ...."
.
STATE PAID BENEFITS PLUS REINBURSEHENTS
HEALTH BENEFITS CAPITAL BLUE CROSS
LIFE INSUlANCE
HORKERS CONP
SOCIAL UCUIUTV
MEDICARE
RETlREHENT STATE EHPLOVES lET SVS
III LInED AlOV, AT ..., v..".
'AEO LEAVE STAIEHEIT TOTAL DIRECT DEPOSIT _ ...."
SERVICE CREDIT. 2T VI , PP
"IIID lUVI USaoE REPORTm . HOUIIS "EIIl IRE_ GROSS URN IlOUIIS un GROSS
01-25-91 ANNUAL :to. DO 01-01-.1 REG SAL T5.DO 26.n 1,'''.25
TOTAl. GRon WNIG lIlIS PAY , . 1,1",25
LUVI ACTIVITY AIIIUAI. 1IC1C pnSOIlAL SElIOIUTY IBF_TlOII .,'
IALANCE LAST STATEH'IT 76.12 364.14 15.DO
IccauAL THI$ PP T.50 J.n .DO
LV REPORTED THIS PP JO.DO .DO .DO
ADJUUHEIT$ .DO .DO ,DO
IALAlCE THIS STNT n.n HT." 15.DO
ACCIllAL IATI. A1111UAl. 10.DC. Slac 5,-
HE"AGE CUlER' LOCAL HAGE TAX COUNTV/MUNICIPALITY, C\IlIERLAIID COUIITV HECKANICSIURG IORO
FNT TAX GROSS, 1,"',2'
SUBJECT: PRKriplloa d"'ll coni lad "ork.ra.led lDJurla
FROM: OIIIClI of AdllllDblnllaa
For .pprollmoldy . year. .mploy.. k.n bee. IIIrounced 10 UM Illdr PEBTFINP A prnc:ripdoa dni&
conio for prnc:riptloa medlcallou -.lecltolrnllDJurln mlllllu& 'rom COlI1IIIo."..l1k rmploymnL Iu
order for 11M C_oa"..hk to f\dIy....... _mlnllld .Ilklr.dn '1'OlII11Ie NPA PlUllnm,11Ie _ of 11M
c.nII II _ m..d....... 'or COIlllllOll"a1lh "ork.nl...d IDJum Prncripdo.. oblalllod "UbouIIIM coni wII
.01 be nlIIIbuned uller 11M "orbn' COIIlpt..otIua procn... "be. ...mploye " cov.red by IIIe PDTFINPA
pn..riptloa card p.... '
W.... oblalala&. pn..ripdoll, p......I)'OI1r NPA coni (or _Ihe NPA moll order plu) ad p.y IM..uoI cop.)'IIIC.L
For "ork.ralled lIIJory medk.doDl,lb. COlI1IIIo."eal1b wW .ulom.llrolly rdmbum you for.1Ie "".)'IDOIII wllJu. ~5 d.)'I. lb.
procedure 0tlIy .pplla 10 "ork.nlllld lIIJurln 'rom Commoa"..Ub IllIploymcnl Medlcollo.. foro work.rdaled lDJury or.
........ or depcudnda .ud 'rom .mploymr.t with IIlO\ber .mployer .bould be obtol.rd I<conllac ... "'I.mployer'. poIlda.
-
~
K
IEIlIlV Il DUFFll
IlICHAIlD W. HlWAIlT
C. 1l0V WEIDNlll, III
EDMUND G. MVlIl\
DAVID W. D,LUCl
IlALPH H WIlIGHT, III
DAVID J. LANZA
IOSEPH L. HITCHINGS
MAIlK C DUFFIE
LAW OffiCES
JOHNSON, DUFFIE, STEWART & WEIDNER
^ ProCes.lonal Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE. PENNSYLVANIA 17043-0109
HOIlACE ^ JOHNSON
OF COUNUL
nLEPHONE 717.761.4540
FACSIMILE 717.761.3015
July 2, 1997
Lawrence E. Welker, Prolhonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 170t3-3387
Re: Bornman v, Bornman
No, 94-6621 Civil Term
Divorce - Cllmbertond County
Dear Mr. Welker:
Enclosed herewith please find an original and two copies of a Motion for Appointment of Master
in regard to the above captioned divorce action. Please return one clocked-in copy to the undersigned
in the envelope provided. Pot your 1nformal1oD, the Mooo,n flied lut week wu forwarded to Juda,
$luleIy Wbo CQDtlIcled UI and liked that wo reflIe the Mcloud MotIon. 'll' .
Thank you for your attention to this matter.
Very truly yours,
HNSON, DUFFIE, STEWART & WEIDNER
JLH:kkm:61282-IO
Enclosures
cc: Donald B. Owen, Esquire (w/encl.)
Emerson E. Bornman, Jr. (w/encl.)
1- 7-47 J~ - (i . ,It) ~ fL-i.t1.:.,.'If'
t/iL iJ f1'. f'- W...u/z.. ~
p~ ~ (p--.L{ '17 W .10- fi.~ ~
~/1U A !tf:-^Y~~ O-~/U/. ~ it
fL0tLL(- . ir ~1J'-- _4JtL~ /~ )..11- tiLl'
I. kLt,1...4v-< tJ.-tU- iJ-'LL qt..lt.t~ Lb!-.-\...
(.~' U .~-1-..lL
cc (()) fP~l
JERRV R DUFFIE
RICH^RD W. ~TEW^RT
C. ROV WEIDNER. Ill..
EDMUND C MYER~
D^VID W. O,LUCE
MLPH H. WRICHT. Ill..
D^VID J. L^NZ^
JOSEPH L. HITCHINC~
M...RK C. DUFFIE
L^W OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
^ Pro(elltonal Corporation
301 MARKET STREET
Po O. BOX 109
LEMOYNE. PENNSYLVANIA 17043.0109
HOR^CE ^. IOHN~ON
0' COUNUL
TELEPI:ONE 717.761.4540
F^CSIMILE 717.761.'015
July 25, 1997
Lawrenca E. Walker, Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carllsla. PA 17013-3387
Ra: Emerson E. Bornman, Jr. v. Barbara L. Bornman
No. 94-6621 Civil Term
In Divorce
Dear Mr. Welker:
Enclosed herewith please find an original and one (' I copy of a Petition for Equitable
Distribution in the above mattar. Please file the original, time-stamp the copy and return It to
tha undersigned In the enclosed pre-addressed stemped envelope. Also enclosed Is a check
in the amount of $15.00 for the filing fee.
Please do not hesltete to contact the undersigned If you need anything further.
Very truly yours,
JOHNSON, DUFFIE. STEWART & WEIDNER
Joseph L. Hitchings
JLH:mh:65587
Enclosures
cc: E. Robert Elicker, III, Esquire (w/encl.1
Donald B. Owan, Esquire (w/encl.)
Emerson E. Bornman, Jr. (w/encl.)
,ii,;,'i',
CIRT~~DCO" .\;; "~~t,j,:;~~;t:;.lV~
::;7//:}rt~1"~"-:;':;~ -",' -.
.~'.;;f -.
~E\ii.. ; c,,', , ' , . . .
~~l~l'ffi;)!JPm; STBW AR.T f!I WEIDNER. ,,'
1:31~~~~~1_t~~:,:~~:-):,~-,:;;~ 2~-;,'; An'OaNBYI AT LAW
"',.'o. ". ':'. UIoIOYNI. raNNlIYLVANIA
."0"......'011I
EMERSON E. BORNMAN, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 94-6621 CIVIL TERM
vs.
CIVIL ACTION - LAW
BARBARA L. BORNMAN,
IN DIVORCE
Defendant
PETITION FOR
fQUlTABLE DISTRIBUTION UNDER THE DIVORCE CODE
The Petition of Emerson E. Bornman, Jr., by his attorneys, Johnson, Duffle, Stewart & Weidner,
respectfully represents that:
COUNT 1- EQUITABLE DISTRIBUTION
1. Petitioner, Emerson E. Bornman, Jr.. Is the Plaintiff In the above action who filed a
Complaint In Divorce under Section 3301 (c) of the Divorce Code on November 21, 1994. Respondent,
Barbara L. Bornman, has not filed a counterclaim or Complaint for related matters under tha Divorce Code.
2. Plaintiff and Respondent were married on January 9. 1968, In Bloomsburg, Columbia
County, Pennsylvania.
3. Plaintiff and Respondent have legally and beneficially acquired property during their marriage
from January 9, 1968 until April 1994, the date of their separatlc,n, which property Is "marital property."
4. Petitioner llnd Respondent 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 Is "marital property."
5. Petitioner and Respondent have been unabla to agree as to an equitable division of seid
property to the date of the filing of this Petition.
I.):"
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()AU',J((- ./..
____.___.._.. ._.~L. _~___. .__
CAI:~~
Sludonl Loon $3.700.00 fL.Jch $:1,'/00.(111
- .-.-. ^~~~~~_~___~=-.= _. $!i~~.~o '~~(I~~V: l:'I\;;!)'J'!+;--~L!_--,.)l,
Cllllmnk $4.300.00 H,,k-l $<I,300.01l.
.:~=~_~~ G~'-M~_ .----.- $10,20(f60(21-_I~. _~ ~~~~'!I:~":~'i~i(fL~~,-I_:'-1 h
. ______ _~opi~,lI Ono $7 ,650.00 (~Jrh .2..':.,::~>._J.:L~~ (I~'_.') I ,;
1fl Union $6,200.00 (3:kh $0.200.00
Bonk of Arnorlcn $9.100.00 6Jlc It '$'9,100.00
lflSO Visa-------. -SB,230.00 (-3.flc.i, -x- --
...._..._._.--..--- ...J _..- ------'1 .....--...-.-...
$14.750.UO !l '\~l X ,..,,~'. <?-;!'"(' .' I I
D\o# .. VVI';> .'"""',.}"" L _1Lo\:..l I.
._._ _.!_....___....__n__.u .~~~.~~..0~~~j3~c:h..X- -...lJIl>. 'J;7.z{'_,ld'
Discover $0.000.00 'p..k X ("'~i.~~L l. It "3/(,) .
l' SA $4.5UO.00 (3..+d H5UO.I){)
Property Taxes (Posl UlIO) $J,(jo.o.OQ d'-'l - .-.-.---.--....---
..'-- I -y. ~ 'i'.t:'- *9 ~. .',
Total: $15~,630.00 - ~:!:(':~\;:i\'~8) ".:;;"" II' I'"
---;;;. ~. <6~ <" '.Il',,;>, _, ".:vl:v - ~- II
-/," . ~ a'~"f \\ ..-
,iI (rCf ~61l . \~ ,nt::..ll;, ':i'). '~l
e.ersonaLEroporly. Soo tJreo~dl:mll (if rnorlinl nnd nOI1.f1!;1li1nl n<,!;oIG oll.lchl''' I'
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10. ec.OIJO$.f1d1Ie.s.olullon. 80lh porllos keep IllOlr retirements find pmsonfll property ('I' .
\Imir possess n. Wile deeds hor Interost In morllal homo to hushflnd, in cxdlflngo hll~.IKll1'l
rf"<,ponslbllily or 011 debts arising oul of rnorrloge os woll as ail ;l;)~.rllfllil;;I'ZI~lll: if n~;L\
Respoctfully SUIJlllillod.
.. . I L \-t4>1 \jB'ii{
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301 Mflrkot Sheet
P.O. Box JUO
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~
EMERSON E. BORNMAN JR.,
Plaintiff
: In the Court of Common Pleas
: Cumberland County, Pennsylvania
vs
: No. 94. 6621 Civil Term
BARBARA L. BORNMAN,
Defendant
: Civil Action - Divorce
DEFENDANT'S PRETRIAL STATEMENT PURSUANT TO PA.R.C.P. 1920.33
I. a. Plalntlff'a Backaround
Full name: Emerson E. Bornman .Jr.
Address: 810 North Arch Street
Mechanlcsburg, PA 17055
DOB: 10/1/46
Occupation: State employee (supervisor) PENN DOT photogrammetrlst
b. Defendant's Backaround
Full name: Barbara L. Bornman
Address: 1519 North Front Street Apt. 5 E
Harrisburg, PA 17102
DOB: 10/1/46
Occupation: employed at PNC Bank N. A. as secretary II
c. Date of Marrlaae: 119/68
d. Place of Marrlaae: Bloomsburg, PA
e. Children: There are no minor children.
f. Grounds for Divorce: Irretrievable breakdown; parties have been
living separate and apart since April 19, 1994.
g. Issues for Determination: (1) disposition of jointly owned marital
residence In Machanlcsburg, occupied by the plaintiff since date of
separation; (2) division of husband's retirement benefits; (3) division of
personal property; (4) determination of individual VS. marital debt and
resolution as to who is responsible for said debts. The defendant's
position Is that the plaintiff has Individual (non-marital debt) which
defendant believes to be around $80,000. In 1983, the plaintiff
unilaterally discontinued the parties' Joint checking account and began
keeping his own accounts This debt may be so high as to make the
plaintiff "eligible" for bankruptcy, voluntarily or involuntarily. The specter
of this bankruptcy compllc'iltes and endangers defendant's
equity in the marital residence which Is the main source for her to get
funds In equitable distribution.
II. PERTINENT PROCEDURAL HISTORY:
11/21194 - Complaintin Dlvorceflled-3301(c)
11/24194 - Service of Complaint
02119/96 - four party conference In an attempt to resolve Issues
without filing a motion for a Master's hearing
07/25197 - Plaintiff flied for appointment of master and petition for
equitable distribution after continued attempts to reach an
agreement proved unproductive.
IIi. I~VENTORV APPRAISAL
The real estate was appraised at $95,000.00 on May 15, 1995.
The plaintiff's gun collection was never appraised; Defendant
estimates the value of buffet server to be $50.00 ; see Paragraph IX
below.
IV. EXPERT WITNESS
Defendant reserves the right to have an appraiser testify if the value of
the home Is not agreed upon.
V. EXHIBITS
None, except as relate to Items III, VI and VII In the pretrial statement.
Vi. INCOME INFORMATION
Attached as Exhibit" A"
VII. EXPENSE INFORMATION
Attached as Exhibit "AU
VIII. PENSION VALUE
Husband retired from his Job at the state In 1988, at which time the
defendant believes the plaintiff withdrew an amount In excess of $40,000.00 . After a
few years working for two private surveying companies. he returned to employment at
the state In July of 1992. Information previously provided by the plaintiff regarding the
value of his pension which Is attached as Exhibit "B"; It Indicates tha "frozen present
value" as of September 18, 1995 was estimated to be $85,084.47, effective 1/1/96.
Wife has an IRA at Merrill Lynch form her previous employment at Early
Interventions Programs Inc" Harrisburg, PA (1984 - 1993). The value as of 6/27/97
was $4,016.66. Exhibit .C.. Wife Is currently not enrolled In any pension program at
PNC.
IX. REGARDING PERSONAL PROPERTY
Husband still has custody of a buffet/server which belonged to wife's
mother and which wife's mother gave to the wife as a gift in 1983. Wife would like to
have that item
After separation husband allegedly sold several, If not all of his 25-30
guns, which were marital property. Wife believes the value of that gun collection to
have been In the range of $20,000, based on an ad plaintiff placed In the newspaper
on March 20, 1994 offering to sell six Browning shot guns for $5,500.00 and a note on
plaintiff's stationery Indicating he paid the NRA $141.67 to Insure two guns at
$5,000.00 each.
X. PROPOSED ECONOMIC RESOLUTION
Defendant proposes that the marital residence be sold and all of the net
proceeds, estimated to be approximately $40,000.00 should be given to the wife. The
plaintiff has made an offer as high as $35,000.00 during negotiations.
Wife believes that the value of the residence has decreased in value
substantially since date of separation. This belief Is based on her physical Inspection
of the property by the wife and a broker for purposes of placing the house on the
market consistent with ongoing negotia.tlons to resolve this case, in March of 1997.
Wife has not been receiving spousal support and would prefer not to be
economically dependent on husband for alimony after the divorce, assuming of course
that she receives more than half of the proceeds from all marital property subject to
equitable distribution.
Wife believes she Is entitied to all of the net proceeds because:
1. Husband Inherited an amount In excess of $30,000 from his father's estate in
1990, at a time when the parties were stili living together.
2. Husband withdrew approximately $40,000.00 from his retirement from the
state In 1988.
3. Husband acquired a 26 foot travel trailer, two trunks and several
limited edition guns with the cash flows from the Inheritance and the retirement.
4. Deferred maintenance to the marital residence over the last three years,
caused by the husband who has been Its sole occupant.
5. Husband earns significantly more than the wife and has higher earning
capacity based on previous employment history and the fact that he Is a registered
surveyor. Should he decide to retire again, he has the ability to be self employed or be
hired to work In the private sector. The plaintiff has "moonlighted" as a surveyor (In
addition to his Job with the state) during much of the time the parties were living
together.
Wherefore, the defendant respectfully requests that the court order that the
marital residence be sold and 100% of the net proceeds be distributed to her and that
plaintiff be ordered to deliver the buffet Iserver.
Defendant verifies that the statements made In this pretrial statement are true and
correct. Defendant understands that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
DATE: 8 -d5:-C/7
DATED:~~L
''-
AR8AR,6J
. 6uJJ!J
DONALD 8. OWEN, sq.
Attorney for the Defendant
821 Wertzville Road I P.O. Box 8
Enola, PA 17025
(717-732-3552)
Supreme Court lOll 15508
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Pierce, Fenner & Smith IlIc.
~"tt>.',tiecllllll..I,,~...I'Jl "'III('('lIon GOII"""IIf>fll!JlflC)
ACCOUII I /I
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OJ/28/91 10 06/?1191
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CAMP IIILl I'A 17011
.........
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AS OT 03127/91.
ACCOIII/l
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IIIIS SIAlI./lINI........
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0" 22 .DIVIDENO
04 22 REINVESt/lENT
0" 22 DIVO REINV
05 26 .DIVIDEND
05 28 REINVESH!ENT
05 26 Diva REINV
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CI.OSING flAI ANCT
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$2.10
$1.60 5.20
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$6.91CII
$6.91
III. n OII1AL SEC III CL II
tlL I lIlfllAL SEC 111 Cl 8
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HI. r fOEIIAI. SIC 111 CI. II
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GUIUU NI POlllrOl.lO
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60.23'10 1.11. CAP IIAL rU11I1 (;1 II
162.2030 1.11. ITlJrHAl src III CE II
tOIALS LOll PIIICU) INVISHlINIS
110NLY ACCOUNT
tll 1I[[11IEf.1E/iT IIr:SlIlVI.S
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$10.61
.II'liL--1997
{~ Merrill Lynch
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V .llullnn S.rtlon
UNIFORM RESIDENTIAL APPRAISAL REPORT
20,000
1110 Hn. 81.N1^'1"J!
. ,
Comments nn Cnll Approlrh (!lurh U, aOlllCP or rO'lI..'-1'" .
sU. value squa,. foot calculallon and lor ftlJlJ. VA .,nd rllll! 1, ',.
uhmaled remllOlIIg .conomic h'" nllh" properly) Est i rnn tfld
Reproduc t Ion Cos t-New-of - Impro\'enen t" !..
calculated using. tha Marshall and ~wlfl
Resident tal Cost Handbook and local rw.'
analysis, _ Estllllllted site value Is h".:".! ."
local market Ilnalysts. Deprec lat Ion ,.:
estimated using the economic oge-llfl' Mr"I:' d '
ond market analysls, No obsolescen"" 'nO'
observed,
I ':""A IFO SITE VALUE
I"',TIMAIFO REPRODUCTION COST-NEW Of IMPROVEMENTS
(,..11'"1 _ _1.,73f! Sq fl e '_ 50,00 .,
,110 flasement___Sqfle' _ 0,00 .
^'''I'nltles..____ _______ .
'iH1'>>ol/r..rport .__ 39~ Sq n . s 12,00 .
'nl'll r,lImll.d Cosl New . S
. I r~' PhYSlcal.1 FunClio.nlll btellal
a CI"fll"l"Ilhon J.6. 9j.~ _____.$0 ..__ 0.-.$9 __ . S .
CltoJHf'rlllfld Value ollmprovllmenls
.^~.I'. Value 01 Sllllmprovlmenl.
!H/lICA Tfll VAl CaS APP OACH
ITfM n~IJBJECT __ __ _ __ _ COMPARABLE NO I
810 N. Arch St, 2 Bayberry Dr.
., H"'" Mechll!l.t.S'1.t:l_lI.rg._.___._.__ eellan Icsburg
"",,,m,1y In Subj'~! _____.__ 9._;HQS~:s.__ _ _ _.
'~~'f1.rllr..~..._._.__ $.__.._~_._~~__.N .~__ $ ___5
""fP/nm.. LoV_"!!,1 L_____O,OO_I/l. _______77 ,6q VI______
'n" ,,,lIn, Inspection ssessment Records
V'llltr..hon Sources & HLS
VAllfAlWl~ -i5cRi'~!!Q!!~= ~_['{scRip!lori _T:lll~;
'i:''''s or Financing NA onvent 10na1 :
CMr''ltllon! n.__ HA None _ u.
I1,I,nIS,I./Tlml_ tfL_______ 10/21/9q .._.
I n"I,nn Suburban uburban .
Ir.'~;';~ i:e~=-Sj!l)pl~=-~ F_ee. Slmple___l_-:~~:
Cdn _ _ _____ _,J~.J\c ,30_Ac _______:__._____
'JI'W .__.__ IlY!!fllgl!_____._. Averllge -- 1__ -.--.
1>"'gnlndAppl~L '1.__$~~ry!llyg__ 2__$ty/Better' -~
On"\,ofrAm~ _~_ver!lg@.______ Vttr8g~__~ .
An' ________ .15/.19_._______ 915 i .----
r.nnrl'linn_____ Ily~,r!!ge,------. verage...._. _ l\w."lIge. ----._:-. ...___.. Average;- -- . .. .
I Abnvp Orad. '~I_!!_~JJ~tl!! ;_!~1~!... J.!'!.l..j..sll''''_: _._~~It,,_.. : }0'11: R<l,m!: A.'hl ~ _,~!!!_; fl.j!~~; _. Ih'~' :
!lnnmr.ou,,1 f>J---3_:.__2, !L:-3:___J.5: +2,000 __5.: 3:_ __1,5: +2,000 __f!_:'..3_:__1,5:
Om',lIv'ngAr.. _ __l,73f!~q.iL ____1., ;!q8.sq.f1 _. :__+.~, 880 __ ___1 .2Q8..sq FLi___ _+ lI.. 880 __.1.,23(,sq FI:
ll"pmrnIlFlni.hod None one None Full Basement:
} ",nm,n.lowG"d. !!9!1!!__________ Qne_.__..____..! _______ ___ None . ;___.. RR,BR,Bath'
FlInrlionllUllllly_ Ave.rllgl!~_____ . V!!rage' Average' Average
11..1"9/CIl!?~~9__ O.JLf..I\l!:lQ_Ca_ El.JIl!/No _ Ca_:______._ El 8B/No Ca _:_ __H _____ l::asJa/Ca
E....'1JYEmele!'!!Itm, TlJ-YP....f!l~-l\g~- _YP,J9rAge:___ ____.__ ryp. .for Age i------ _._ Typ. for. Age
o"'g'l_c.~'P9!L- I\.t,L_Gaf!l&. L_I\.~!LCara&~_:__________ LAtt ,Garage :....__. _ .... . '. .In~.,__GaraE":
Porch. Plllo. Deck, Covered Entr eck : -500 Porch. Deck -2,000 Deck
Flllpllf'('J"!~~ .Lf.1r!ilP!llq!'-Q!l~______:__~J-,!lQQ J_ftreplace ___ ;__________ 1 . F Ireplece.
F.n".Poo~!]f. None Q!l'L__ .______._:_____________. None ______:._____ None___
, '
';I-~~j (lg\l~ ~rr'::I~ -' ---=--=2,3~~ n!~JxL:...:..;$~~~==_-:~~j?9n~::-J]:._:s
Ar1jll.ltd Sill, Prlce rOils: 13.8 Cross: 14 .5 Gross: 20,5
nl.Complllbll !!!lL_~_._~U____~99,;!1l0_ N~1:L_~O. LL____ 95, 780 Nf!~.L__..:lO'
Cnmmonl' on 511.. Co,np'I1,on (Ineludl"9 Ihl lublocl plOpllly'l eompRllblllly In Ih. nelghborhnod. ole) SeE!. A,t toched. _Addendum,
86,800
o
3,000
Q.70Q
.9Q,50Q
16,066
. ,
. ,
78,Q38
2,000
100 QOO
~
e ftffl 'j ()J'l--
oi"~ ~ ;;- ..0~~
-\.1 l ~'> e~:'11
/' 41V-=: taJ" ,
13411
'~I..A)~
(Jl";)
,-,,"MIA A! f till I
Market r.t.
csburg
s
s
4,95"
ents RfI':nrd~,
TION.
1""-
I
,le
--
.tter
_____________._____. _._._.________"___ .___n__.__~__.__._.._.__ __ ..__.________._. .
__._.__________.___~____....___...__._ n_ _ _ ___ ...._____._._____.___.__._ .
-~.+.__.~._--_. ---.-..--..----- ---_..~.__._._-_._- ...~.
- ----r---.--- -----t----- - - ---- -
ITEM SUBJECT COMPARABLE NO 1 COMPARABLE tIn 2
0.1. P,le..ndDIII No Prtor Sal No Prior Sale Other No Prior Sale Other
~"'"If.lurpl1o"'"' han Listed Above Thsn Listed Above
'Mt1nyearolapprw!l' _____________ _ ___ ~ _ ______ _____
Anal)l~I' ol.ny cur,.nt Igreemenl 01 salr, option. or listing nll~ subject prope,tj Ind anal)"il!l otlny poor !lairs 01 stlbloel and comp:uablr!. WIUlln OM )It'll 01 tIll' Ill'" III ;'\1';'1 Ii I
Acr.ordlngto Inforl118tlon provided by the multi-list services In thts region, the suhjP"t
property _Ilas_!I.oLbeen lIstedJor sale. wlthln.the past twelve months.
IHIlICATFO VALliE BY SALES COIIPARlSON APPROACH
NlfCAlfO VAlUE BY INCOME APPROACH (IIAp heabln) E!lllm.lled Mal~f!l Hf!nl S NI A IMn )t ClIO'!!! J\'nl MullllllPr
'hI' ilNHalsllls made X .IS Is. ~ fitlblf!clln thl" '''rmll" ollera!!on!. m'lPf"r.llon, or condllloo'lo h'il"r1 below
Cnnml,"n.nIAppIIIUI See. Attached Addendum.
cm.U'.A.RAnt r tl\ I .,
No Prior S.~le lIthpl'
Than Listed Abovn
S
N/~___
, )I. ~
~ ,', ; ,
F..,I Rooronrrllll'onSee_Attached Adclendum,
I
'hI" Jlllrpn!". of this appraisal 15 to e,lIntlllll thl! ma,lr.llt VIIIIl! nlthe ff!11 prop",ty thai Is Ihf! !lublftr.! ollhl'l rppnrt bl'll!don 1M .brN! condlhons Indlllf! rl',li!lf.,t'i'" I (!.I
HlItJon thaI,", a~lrd In 1hP. anlrhed FlUddl! Mac FOIm 4J'JlFanrnl' Malt Form 10048 1Jf!""~,,,d 6/93 _ )
E. AS DEE IHm. Of Tit' IlEAl. PROI'F11IV lHA I IS lit[ SUI,lfCI Of TlIS IU.PORI. AS Of 5/15/95
AHO IHE fHfCIIVEIlAIEOf HlSIU:P'HIIIIOBr, 95,000 .
stJPFAVmoftY AP,'RAISrn CONi Y If nfOlllmO):
$igl1lhllP ( if"
flame lWI" ':
Oalf! Rl'l"i!l !i19111'd
~lllll!' PA Sill" l"ll;!lfalwll'
!;Ille 0151.1111 ll(PI1!if" 'I,'.
i
, . ,1;lIf'UU!n5111'
1..l'..U.. 1''''''/0 "Ill)
l'A'il. .-!l;I .
,. '..' ....n.....
'."
Roland Johnson ~ppralsol Services
UNIFORM RESIDENTIAL APPRAISAL REPORT
! '",l",.u.TfOSlTf VAlUE . S 20.000 Commonh on Cosl Arproarh l"llrh 111 "nUlcfII 01 rl'l'll ,..,
r"it!UATFO RFPROOUCTlON COST-NEW Of IUPROVEUENTS ~i1ft ",IUf! Iqlllll tool ralculalinlllnd fnr tWO, V^ "nd r IlIP'
h.rlhl1l] 1 .736 Sq FI . S _ 50.00 ., 86.800 ..,hm,ill'd 'f'mlmlnlJ f1cnOOlnu: h'I' (lllhr lHOJIfHI,.1 Est i rnrtf ,..1
, tlo (lasement. .... 5q fl '" 0 .00 0 Reproduction Cost-New-of - Improvem"n I" \'
~"'Ndties 3,000 c"lculated using the HBrsha11 ond SWIft
';,."./c..,.,rt 392 Sq fI ., 12,00 - q,70q Re"ldentlal Cost Illlndbook lInd locnl ","
I"IM,hm,I,dCo,IN.w - 1 9q,50q analy"ls, . E"tlmated site vlllull is h.I''''
I.., ..PhY'IUIIFUII.cllonlll hl,m.1 loclll market lInalysls, Depreciation I"
roT"",'"n 16,066 . ... $0 SO -I 16,066 estimated u"lng the economic agfO-IIl" 11,.!I."t
r"'~"rll"dvIIUlollmp'oVlm.nl. . I 78,q38 and market analy"ls. No obsolese,,"rf' ""..
'^~-l". Valtl' 01 Sll.lmprovenlenls . S 2,000 ob!Jerved.
IN!!!f~!!!! VAl cos AP 0 CH 100 qOO
mlA 5UB.JECT COlAPAI1ARIE NO I cm.II'AnAIII UIO 1
1110 N. Arch St. 2 Bayberry Dr, 16 ll8yberry Dr,
\, '",,, Hech"n C;:sb~rg__""__h echlln Icsburg Hechan Icsburg
I',."",,,'Y In Sub/ecl _.._..__ .___._ 9...IU.ock:!l..... 9...Bloc~s .
','",1'11". '--.. N __....' ....1 ....._...._26.,209 I ..__.......25.900
"",,'/Il,no,ltv AI!' '--.___ . 0.00 III __ 77.M \~ _h' I 76.8q \1
I..', ",,"nr Inspect Ion "sessment Records Assessment Records
Vpllllr,hnn Sour~.. &: _ HLS ,. HLS
VAIIH/I.\,Im.EI{15 __p.~~m~Jl.OtL...., . . DE5CRlPflON I 'lll"'~-" Dm:RIPfI<>N
",,1', nr Fln.nclng NA onven t lonal Conven t lonal
('nllr"'lnlnnll ~ .__ MA _ None None
1'.,1. nl ~.I.lTlmI. ff~_ ..__.__ 10/21/9Q 6120/9Q
I n"l,nn . __ __. .. Sut;.urban. uburban Suburban
I...."""""'..~ .Eel!_SI,"p~lI____. f.al!. Simple Fee Simple
-,I. __.__._ .,J!l...Ac ..____. .30 AD _._ ~ .. .21 Ac
'Mw . ___ IIvllrllce. ..._.. ... Average Average. i..
1"'''lnlndApp..'. ~ .StClrY/I\Vg_2Sty/Better -5,000 2 Sty/Better -5,000
fl..tyotr.nn'llructon 1\v!'rllgll__ ._. verllge. Averllge
Al' 15/10 ..____.9/5 13/5
rM~,IInn IIlier!lge.___. ___ verage. Average,
1 f.,bn\lf' Of.d, !lIl~L; ~l"'~ ;_!!~'II~. le.hl,; .....f"".: _ U.tllt __ . .'a'tl; not"",: Ihlll, ,._,
''''nmCo''nl ....J>_.:....3_:_._2, ..5~.._3: .1.5: +2,000 _.5.: 3.:.. .1.5:
'l,."lIvlngA"1 . __.1,1J6~qJJ. ....I,2Q8 5Q.FI ..:__...+Q,880 .. .1 ,2QBsQ fL: ...
Il'~"ffiI'llt&nnlshtd None one None
" '''Ulm'l l\folnw G!ld. "9"' Qne _ None
r"nrhon.IUIllIIy"'_ I\Yllrllgll.. ...._. verage Average
IIoo.hnl/Cool,ng 011 fA/No Ca El BB/No Ca .______. El BB/No Ca
flV"'l'fEIftCIe.rt.lIll-;;;; TYP-;:..f9r:.Age:YP',for Ags-:. n'__ Typ, for AgeT
nml./Cllp<!!1- 1 IIU.,_Carag Ll\t~,._Garage:.__._..... 1 Att, Carage:...
Porch. Plllo, Dock, Covllred Entr eck -500 Porch ,Deck : -2,000
fl"pl"'t.), ~!f_. LF1rIlP~!l.!;Il_ None_. .. _......_.:....._.+..1. OOJ! J .f! replace...:...
f.n".Poo~I!~_ .!!.OD~...___ .Ql1e.. .h. .:..........__..... None. . . ...:..
.
N;IA~-il~llll l:iE.~.o.~:Ji:=:=-?;JB9. ~G~..:JxL:..~:,~~':-~~_::j 20 D;-.]jJ:: 5
A~u'llldSaIe.Pnct ros:u13.8 Cross:1Q,5 Cross;20.5
ol,Compl!!l>J' .tL-.a..,..5. ,_..__ 99,2QO .!f~~; _.. -0, t 195,780 !fetl _..~10 s
Commonl. on 511.. Complrt.on (Including Ih. .ubloc! prop.,iy', comp.llblllly 10 Ih. ntlghhOlhond .Ic) See. At tachedAddendum.
..
\I .1",II'~n ~.dlon
l'l}'&.II"~1
:
.
.,
.
III. ~~JU ON^n"1l
COMI'AIIA~II fl" ,
702 N, Markpt ~l.
Hechanlcsburg
2 Blocks.
S
1 8Q. 95 I'
Asses.srnents R~":OI"':'
& HLS
OF5CIIII'II011
filA
None
212Q/95
Suburban
ree Simple
.21 Ac
Average
Bllev/Better
Average... .
18/5
Average.
. ."
'_'!'!,:BI''!'t;. Hilt, ,
'2,000 _..6.:.3 : _ J.5:
.+Q,880..1,236sq F! :
fu 11 IIasemen t :
RR,BR,lIath
Averoge
Gas. Fa/Ca
Typ, for Age
lInt, . Garag*, :
Deck
1.Flreplace
Nona..._
- J---
0.1. p;I~~~nd D~II't~ ";~f~~rS:~'f~ ~r I~OrlAl~LA:~E ~~Jer' n
">Il<lIc.lorpoo""Ill' han Listed Above
'Mhnj'fArolapplll~ __ __ _ ___ _
Anal)'~u, of any currtnt Igreeml!nt of .11.. ophon. or Iisbng nIlhe' sublect pmperty and lnaIY'lI!! nlln)' pl101 saIl'S 01 nublor.l and comparllh!fl' WIthin OMIt Y(,l\f 011111' Illl,llll ['l'i".ll I
According to Information provided by the multi-list services In thIs region, the suhjert
property.has.119t been llsted.for sa Ie within. the past twelve months.
IHIlICAIFIl VALUE BV SALES COMPARISON AI'PHOACH S
N>lCATfO VALUE BY lfCot.E APPROACH (If A pllclblt'!) E,hm,llr.d ..bl~et Afoot S Nt A /"1 II firo" rf'nIMulhpllf'f NI A .. S
thl!,; ilJlprrllsalls mldeX .as I'" . n slItlIflr.1 to 11M! ,ppntl!l, sllefallon" In'ipt'rhon!l ol~on' ll'ill'c1 h~lnW I I ~lltll~(llo fompll!lInn flt'r rhw, ~I;' ;', I'
Cnn~".n'nIApp,"..1 See. Attached Addendum.
Thfl purpn5tp of lhlll Ipplllull. 10 ,.lIm"III Ihf! mll"-fll \laluft olthft Iflll propf'rly Ih.ll~ lilt' !\lIhl"r.l 01 thl' rf'~lIt ba'\fld Ilnlhft 11)(1V1! conc1.hons anc1lhll frlllllf ,1' q " '
Ind hlTllltng ron llons.lnd IT'll"" v.IOlt ~ Inlbon lhallrfl ,latrd In Ihft .tt.r~dFreddl"Mar. Form 4]l)fflu\OIp M.lP. Fonn 1f.Hn(f\'t\lI~p~ 6/93 )
,
. Ilwq FSTI .ATE 2tF. MA E, AS UfflHH1, Of TlI AI'AI.. PROPrllTV THAI IS III Sll,..cr Of illS Hfl'lllll. AS or 5/15/95
,(WllICHISI F.U T r P'CTI AHDTHI'fIHCIIVEUA1FllFIIISfUl'CJIIIIIIlIII $ 95,000 ,
Arf'RAISER: f mJrrnVI!ioltY AI'f'nAI!if n (ONI Y II' nrUlllAf Ill:
!iIQnlluII 51911&1111" f ; r
flame Roi'and .-~john' Uaml! hl',f"" t!
" ,h' n"pnrl ~ilJned 5/16/95 Oil II! RI'I"I!1 ~oI9n,'f1
., ,I" '~t'rhllraIJlln' RL 001727 L ~,'a'l! PA !ila!r I "Illllfa!irltl'
11..11' tll:en'ilt , ~Ille 11,51,\111 t tlf'W,f' .
"~I"."''' ""lIIn I.I'd 1'^',1. ~,./ ..'
,~ .... ..~
rOMPARAillE IHl 1
No Prtor Sale Other
Than Listed Above
f",.1 R"..rrlllllonSee.At tached Addendum.
Roland Joho:wr, ^ppralsal Services
CQW'AHAlU.F 'j( 1 ,
No Prior S~le liTh",.
Than Listed Ahnvn
"
" '
....,...
Proonly (lOI,rlollon UNIFORM RE~.iIDENTIAL APPRAISAL REPORT III. Ho 0IotW.!!Cll..._ .'-
P'op,r1yA~d"..010.1I. IIrch St. c,IyMechanlcsburg ';t.h,PII l'pCI',1n17055
l.g,1 Otttr.nplioo DEED BOOK 30e Palle. 606 CO,,"lyCumber land ·
A"..,of' PII"I No SEE HAP REFERENCE IIUMIlEn I.. "" 9'1/95111 h'" ~ 1 ,000 . Sp",,1 A"",,,,,,"I' lUll
"0 . c""."IlN"'" Emerson Bornman. 1If1"p.,,1 lJ\J ("',,"' U 1"".,,1 l..1 '/0, .,,1
10" "hi" "I" I'lOlo,llyp' 0 1'1111 U ""ndnnll"",m lllllll/VA ,,"Iy) 1I11^~ Nil '1.4"
, N"ghbo'hoodnrr!oltcl~'m. M"pl",'ri,or.22-0519-259 Cri'"'' ,,,"'01'5
9,1. I'll" ~ NA .' 0.1.01 3'1..NII o""nph.,".n,l~ ."",,,,,1,,1 In.,, """'1"'/"'''''''''"'' k, b" 1'0"II'y r.,lIri Nil
Itndol/CII.nIDonaldpwen, Esq, Add.."
M ,..,.r OLIIN JOHNSO Add.." 6620 SOMERSE
loralion HUlal fredomlnant 51ngle family housing
1(,,,11 "I' [xl (N" 75X (] IInd.. 2SX oc,up"n,y rn:Sf ~~~
ll"'Wlh "I. Ll I\Ip,d L.I SI"w [xl OW".. 65 l"w
I'IOJUlfty values U Incfuslng LJ Oeclllllng LJ lrnAlIl _,,250 lhgh
(llo",."d/,,,pply LJ Sho"'g. LJ CNt,,,wy [xl vlwtl'~SX) 1".domllll,,1
l.4..kolinglim. Ull\1do'301o.lJ\J3'6olO'. UO\'.,601o' U"""'I,,""'I Oq I
Hote: Rac. and the racial compo,ltlon 0' the nelghbol'hood are not .",Ir.lul'adors.
N.lghbo,hoodbound,".lInd ch...cIIIIIII<I Thlssupur.barL neighborhood has average character 1st Ics and In bound
. to the 1I0r.th.PY Edge,,!ood.Dr.. Wt!s.t by..YorkSt.. South by Main St., East by WalnutSt.
: fAelolt Ih.,.lltcl Ih. mllk.l.blllly ollh' p,op"II..'n Ih. n.lghbo'hood (p.o,'01lly 10 .IIIploym.nl IIId 1111.011.." .01ploym.nl.l.blllly. '1'1'..11" n"",1 "". )
This SubUfllal1.!1elghborhOod has!l\Ost publle utilities available, relatively easy access to
.
" employment_s!1d s~rvlcesl..andlscompetltlvewlth other neighborhoods In the general aren. Mo"t
. have slmllar.a!l\enltles, 110 unfavorable. factors were observed which would adversely effect
Il\lIrketablUtY L._
IInnISBU e
1111L--.---
3
120
I'rllunt liNld ",. %
llllp.11I1ll11v 50
~_" hun,lv 10
Mulh-lamll'r' 5
COI1lIllIW'AI 20
qO Vacant 1 15
l. ;Uld usp r h..llllf'
Ixlll"'hl'" i I, ,\.,,/
l.J III Illmp,!"
10
l.4..kol condlllon,'n Ih. ,ubjocl nolghbOlhaod (Includ,ng ,uPPOlIIOllh. obo,. [onel""on. III.lod 10 Ih. I"nd .1 p,op.,ly v.I"",, d.mond/."pp'y. .nd ",," .h'''. ,,,,,,
_ _ .uch" dolR on comp.lillv. p,op""" lor III. In Ih. n.lghborhood, d'''''pllon ollh. pllv,'.nct 01 III" .nd IIIIIIItlng conc",'on. .Ie )
There are.!1Q. fQrsEleable_Elconomlc.. trends._whlchll!lght sign Iflcantly Influence market condl t Ions In
this. area,__.,The..currt!!1tmortgageJll8r.I\ElLClfrers-a wide varlety..of. conventional loans with
competltlve..InterElstrates.. IIS_8. result,t1!~. terms of financing have little, If any, ImpAct on
sale. prJ.!l_as....._H..ll1t-erlls.LrElJ:~s-rElmal!l.-r.eas.ol1able ,property. values and. mar.ketablllty should be
stllble
ProJ.,llnformallon tor PUD. (1I0ppll[8bl') _ _I' Ihe dev.lopor/bulld" In conllol ollhollom. OWn'" A..ncl""'" (lIOA)1 . YES L 110
Apprn.lm.I.lo,,! ou,lIb.' ul unll, In Ih. tubite! p,ojecl Appro.lm.lelol,1 n"mbt! nl",,,It I'" "1",, ".. ."bl,,1 1''''1''1 ---.
sc It ere I C I
Olm.n.lolII E>5Jl115_.._.__ .. __' ...__._..__.__._..... _..__.._ [-) .-' Inpogllphy Level
511.".. ,18M_____.... ._...._ ._.___.... COIllt!lol ..' Y.. [xlllo Silt Typical for Arolli
Sp.clllczonlng cl..,III[8l1olllnd d"ellpllon Res. Ident lal ..' __. ..' . Shopo Irregular:
Zoning comp""" 00 log.1 LJ \J!JIl"""""'llnnng(Gmodlah!>dU") [Jm.g'l [l'lo 'O",'g 01111I19. APpears .I\\I~raRe
IIlgh.'I& b"l U" .olmp'ov.d: OUr,...o! ",0_0 oth.' ",,(.,pl'ln>" VI.w I\l!erage._.___ ...
UUIIUOI Public Olh.r Ofl-.I1.lmproVtf11Of1lt Typ. PublIC PII'"I. llndmplng Ayerage___..
EI"lnclly lie] ._._._ .... ..__' 511..1 Asptlal!. ___._. l.xl lJ O,',ewlyS",I,," AsphaJJ:....
Ou 11l1_...._.__._ Curb/g"lI.r C0I19r..eJ:!'.__. [xl U App.llnl..llm.nl, tloneJ!oJeOd -:7\" .--
W.lt! lie] ___,,_'_" __.____. Sld.w.lk C()ncret.e__. ." Ixl l.J FEMASP",.IFlOOdHUI',d'Ar.. Y.. [XI flo
R.nll.ry IIWI! [xl _____. . SII..lIlghl, ~tE!l1gar_d._._... [xl U FEI.4A Zon. X . ....-..- M'p Olio 313/92..__.
Slo,m..w.,.___W ......__... .~"'Y. ...__!l()ne.__-. _' U ..U fEI.4^l.4lpfjq .q2Q362._0005D. .
Com",'ol' (oppmnl.dv",. ....m.nt...nCloOChm.nl', ,poclol ......m.nl', .lId. RJO", llI.g.! or l.g.1 noneonlo,mlng lonlng, ",., .lcJ 5.l.tILhas_. ..n_
IIverag!LS Itt!.J!1lprlJ_y.El!1l-el1 ts, .ayerag!L ~E!.n.c!sct!pJng, Elnd . typ (calJ1l!l.lnJElnan!le., ..I.l!Elre ..E!!:e _119_ appar.e!!1; -
adve :se easements enc oachments or o"her adverse conditio s on t Is site
GENERAL DESCRIPTION EXTERlOROESCRlP7ION FOUNOA7ION BASEMENT
No. 01 Unll, L-__ Found,hon CO!!.c!:l.tll.._. SI.b .1007... . ^". Sg fI NA
No. 01 Slon.. 2._____.. __ E,I'f1or wo", IIlumln_u!1l_.. Cl1l'IJS~,ce llo. Hlnl,hod Nil.. ...-_...
T~p. (Del/All) DEl.t8Chll!! RooISUII,," 5.hlngIEL._ amm.nl llo. Ctillng NA .
De,'gn(SIyI.) 2 _SJ:.o.r"y. Gull"'~Ow",P" AlulI!Inum S"mpl\""pN.o wo", Nil
E.'"llng/Plopolld ~~ Ist-Ing Wllldow Type Dbl, -'lung. O,ml'n... llone .lloted Floor llA
Ag.IY") 15. Slorm/SClntn' Yo:. S.I"'01.nl None Noted Ollt",ItEnlry N/I. -. -
I cl t! A e S 10 Mam IIC tilt t(lu,P. No 1I1,,~ta'lnn None Noted
::::nl _IoY'L_ ..llyll'g" . Dilling.. Kikh,o De". r'O'"YRlllr:~1c,~m... ..p.....~IO~~.~. '.O.Il1s. lRII{ld~___ _P!ltel._.-_
lmll .1 . . ... .5 . Yes
.lov.12 ..3 2
I. _.
"llruon '1.l 2,r. hlll!l
~lICII[N IlllJlP MIle ^~".NlIlf.R CAR SlOIW1E
1I,lng."I", I XlIII'''' 1.1 'n'l'lar'I'I' 1 I xl tlnn. LJ
lI.n9,/I"''' [x I 51.111' I..J 1'.1,,, L1
""1'",01 I xl 111"1' ",,," I] Il,.,~ I I
11Ir.hw:t-..hpl lxl ~rlllllf! [xl I'lllrh L I
F."/II",,d Ixlllnur 1.1 r.,,'" I J
kI" "',,,,,. \ . Il"ral'd I I 1',,,,1 \ .1
'i\!\lflf/nIVI'r I I fJU\lt~~~ C;Q~~rerJ_rl1t.ry-J..!.l
Add,llon,"..IUlI' (,p.rl.lenorg1 .Ihmnlit.m. .Ie) Soe Attached IIddendum.
IIlSUlATION
Rool
c.,llng .'
W.II,
Floor
NOh.
._0
_.[xl
~--~ ~
...U
. .LJ
\I,,~nn,^n
.. ",..Sq fl..__
None
.095
OQ1
.0
Finlshpd area aboye alalia c;npllllll!l
INIERlOn Matplill:J/Condllion
Ftnnrs Vlnyl,Cp/llvll
w'''' Drywall1llvg.. .
lIlIn/Fln.." Wood/ /lvg
1I.lh 1100' Cnrpet/ /lvIL
a.lh W,;nscnl F 1 berg lASS/llvg
[)I,o" Wood/llvg
6 n(ll1m
IIf.AlIUG
Iyp. FA.
FII,I all
COIllllllllO^Vg
COOUllG
rl!IlIlI' No.
O\I,fll No
t'nnllhon
I...ln ^T":t
Garage
Atl3rhpd
IM.wlled
IhulHn
carpolt
lID'~,,--l
'01 tlU
Cond,IIon ollh. nnplo"m.nl'. d'I'Io",',on (pll1,,"I. IIIIIC'I' "'I. ""1..1,,,,,11 lOp"" nrad",1 ~1I,1,ly ", ,,,n.I,,,et,,,,,. ,,,,,,odp\n"J/.dd",oll'. .Ie See
Attached.Addendum.
Ad"!!l~" flrwlIonrnenl,,1 (nl\lhll,1n, (,lIrll a.1, hlllll'lt 1LllH"'~ lu h;IlAlllnU1 WIUll''l In. Ie ~,llll';I,,"f I" pIc ) \l1"'~Pllllll Ihl' 11l1!lIfl'JIHlIf'1
Immp.dlAht IJlclully 01111" ~ulq"rl VIU\lp.lly t~o ndvul':;e mlV i ronrlllwtnl eondl t ions wr.orc (Jb~.a~rved In
on the site or In the Immediate vlcinlty~h" ~ubiectJ!I'ol'''rty-,-_.
I,.'........, 1,,11I 711 ,,'11 IA I! 1111 "
011 III., !l11l", llllnlhp
thl! Improvcment:1
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630 Boal1/ Acc,norles 631
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;tH~
634 Camer
S~orllng Goods
Rcnt~ls/Servlm
m
SporllnQ Goods
Rentols/Servlm
Sporting Goods
flentals/Servlces
-
-
IIlI ,or." 11'Y0ltn' 'M 10"1\,,,,
~I ~ lit hIJ. lftWO,(jltwl. .
::r~Tr.lI.r Intj.j(SM 'IOMot HUMllI,O.IfLI'"HOlt;UHI
=:J.:\i:::;~o. 14 ,,",. *
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114 SOllTH STIlEI:T
IlARRlSDURG, PENNSYI.VANIA 17tl1t
January 09, I 'J\lll
nOli aid n, Owells, Esquil ()
PO, BoxD
I\noll1, FA 17025
(717)732.3552 Telephllne 'J l.~' , 'A/t.':,
~
Joseph 1.. Hitchings, ESlJuire
J01 Market SUeet
1',0. HOl' 109
LClIluyne, PA 17043
(717)761-4540 Telephone
(717)763-30 15 Fax
51
Re: Donunan", Dornman
llankIuplcy alld Divorce
II.:
Dear Joe and l)OI\:
I understand that the goal you arc both attempting 10 achieve i~ to transfer a portion of the mnrit.1I a~~rt~ to
Rarbara Bornman in the divorce, repre~entill!f her equilllble shnrll of marital n~sets lunden.land th~t I"~ maj<:ll
maritaluset is the equity in the real eslate at 810 North Arch Street, Mcchauicshurg and that the arr('l'I1W11l
would be to transfer $40,000.00 (0 wifll and hu~band would retnln possession (If Ihe house
I. Settlement: Hu~bal\d pays $40,000 00 in cuh to wife inmlediatdy,
Potential problems if husband files for banknlptcy or involuntalY Clmpler 7 bankmpley i~ tiled lIfl"i".,
him: Avoidance of the conveyance to wife, requiline her lu pay back the amollnt she hn, received
'\c
III Chapter 7 l3anknlptcy, a Tm~tell i~ appoinled who essentially "sleps into the ~hoes" orth" DchlOl, TI,,,
Tm~lee makes an indtpendent deci~inn, reM'lIdless oflhn Debl<.)J's wishes. as 10 what is in the best ink....' ofthr
ImnknlPICY estate. Hls Iloalls 10 IJlcrease Ihe value oflhe bunkruptcy eslate 10 provide the maximulII .!bltibutio
lCI unsecured credilOls To increllSe the v,llue oflhe estate (and theretor" Ih<.' distrihution to unsecllI'.'.\
creditors), the trustee willlleneraU" Jonk to two sources: 1, usscts CIIlTcllIly nwncd hy Ihe Debtor Ihlll e:<teed
the ellemptions he is permitted to k,~,'p2 ns~ets Ihallhe Dehlor tilL' trunsfmr,'d 10 third parties within (,'I.'rmin
periods prior to the filinB of the bnnknlJllcy Transfers made prior wthe lilinll oflhe bonkmplc)' III")' 1", lI\'oide
as fraudulent conveyances or prefercncllS ^ I'refercncc is II payment mnd,' ('J' lransfer ofa:.seh ILl.I u.:diIClr 1M
enable Ihe creditor 10 receive more Ihan il would have received iflhe IlansfCl had nol bcen Ulade JIl<\ ;Ill' D,'hlor
't}
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were furced to li'luidate in Chaph'r"l A dllssic e,xlIlllple "J' a 1" ,'f,'II'lll'tlIS Ih.. ,.Iillllillg ofa scclllily 1111"1,.,1111
n~sets for no new consideration, or the ellll}' of a jlldl~tl1enllhillll""S a crt'dllor II 1'0sili"llllhl'IHI OflIlIH"lIIld
neditors, where, witholltlhe elltlY of the judgment. the creditor would ha\ c rCl'eivedl'lIly n pro rAlII di"ll ihllUl'fl
wilh othllt' Ilnsc<;ured creditors Ilecall~" a wife is notllsllally a crcdnor "J'hllsballd, a lrolllsf('r 10 hrl ",,,"1.1
probably not constitute II preference III most situatiolls,
A trAnsfer 10 wife might be a"aeked a~ a Irllllclulent cClnveyam:e, Tlallsaclioll~ tllllt SCCIII filir to Ih" divOll~ill$
parties may be challenged in a banknsl'tcv as heingllnfair 10 ,'reditors, The diveslill!? of the nwital rc~icl,'n('e or
on illleresl in the marital resldence--Ihe only asset available to creditors in the Bornman's case-- may p.-,widu an
argument for insolvency in the bankruptcy conlelrt, particulillly ifit is viewl'd as a transfer in the nalUfl' d
property settlement ralher than 5\11'1'011 A debtor makes a ti'/llldlllenl cOllveyallce ifhc trilllsters all n~~~t (i"1 n"'n
or insufficienl-- consideration within one year prior to the tlline of the hilnknll'tt:y If a tl~btor transf",w,i l<,n
!hollsand doUars, for example, to his hrothcr \vithin a ycar prior 10 the tiling Oflhl! hanknlptcy, JUS! hUl'aLlS!' he
likes him or wants to benefit him to the delriment of other creditors. such a transfcr would constitllle 1\ Ii ,II/(h,lcnt
c.onveyance. A Iransferee can defend il8aimt u tralldulent conveyance aclioll by demonstrating that she !l~ve
"value" for the transfer. The transferee spou'le could argue that her release of/wr interest in other marital
property constitutes value, The factual fOlln;!alion establishing value for the conveyance should be made dc.-ar in
the divorce proceeding In the present case, wili:: would take the position that she gave valuable consideration
for the transfer-she eave up her claim to the Debtor's pension and her intercst in t11C rc.'lI estate for tbc ,'ash
One of the questions on the bankruptcy Slatem.~nl of Financial Affairs rl'quires thl' Debtor to reveal any transfi!rs
made within one year oflhe filing of the bnllkruptcy. Although the official form only rt.!llllires the dd,ror In
identify transfers made wilhin one year, trustees have recently been lIexinlltheir "slronll ann" powels rlall"'C; by
the Bankruptcy Code 10 employ stale traudlllent conveyance law to rccover trar"fers mnde morc th,\n one ~ C:lr
prior to the fllillg oflhe bankruptcy, so the one-y':'ar look.back period provided hy the Hanklllplcy Code lIlil)! 1101
he an absolUle bar to a fraudulent conveyaUl,e action
Comments, As II practical matter, most trustees and mo~t Bankruptcy Courts am loath to undo marilal
agreements and upset Ihe scheme that the experts in family law have decided upon as an appropriate r~,;"I":i,,n to
the marilal iuues. Because the pal1ies live in this area, ally bankruptcy filed by or allains! them would t,c.' tiI,'d in
the Middle District ofPlInnsylvania, Harrisburg Division, where we have only onc bankruptcy judge Ililld
Judge Woodside 10 take a decidedly "hands oft" approach in domestic cases, pllltly. 1 bl\Ueve, becallse ofa
horrific case he had years ago in which he actually look jurisdiction over equilnhle distribution in whi..h th" witi..
tmded up in Muncy Prison for COlTUnilling perjury and baukmptcy Ii nud
As to involuntary bankruptcy, the prospect of three creditors that arc requirctl tolilc an involuntary b.1n~Juptcy
g~tting together is almost non-existent, Given the nature oflhe debls (credil cards), I would be am.t7ed if:!lI}' of
them would have the initiative or want to spend the money filing an involunlalY. Crcditors can sull"'r ~el'"le
s,lnctiona iflhey wrongfully file an involuntary against a debtor and not manv cr('clitor~ can bo orcheMrnl~11
enouah to take this .tep. As a result of the need tor cooperation among cre~litors and the potential for sancli"ns.
illvoluntarie. lIIC rarely filed. '
2. Settlement: Husband agrees to PIlY Wife $40,000.00 ovcr limc
Potential problems ifllusband tiles lilr hankruptcy. Debt owed to wile is discharged, or licll un ass,'!., j,
avoided
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Discllarlleubility
For discharlleability to be at is'III!, tll..r.. IIlllst be.l (!l'ht. ",hidl is liablhly lIna dairll The i""I'l!tl"1l an"" as 10
whether property setllt'ments or payments ordered l'IV a statl! cOlllt conslilllle "dd'I" or wheTher Ihe da;nl is a
property interest A debt is potentially di!Charlleahle; a spouse's 0\\11crshil' of an IISSl!t is nol. Som.. ~ulll!l have
held that what miBht be termed a property division does not create a ddltlhul is dischargMble in ""nknlrlcy on
the theaI)' that the uset does not remain property of the Debtor oll,'e the slate court has entered its ol<.lel TIle
Debtor is merely the conduit for IIccomplishinllthe transfer of the nOIl.debtor's shnre of the n"et. The <li""lce
agreement should clearly stale lhatthe spollse is the owner of the assel. so that it does nol al'pe.u thai she l,ss
released her owne~hip interest in marital property in exchl\llgc for a promise to I'"Y lIloney (which ","JI,I he
discharged).
The 1994 amendments to the DanknJptcy Code created a lIew category ofnolluischameable dd'lli>l <1.-1.>1 "..that
is incurred in the conrse ofa divorce or sepnrntion or in connection with n sCI':Ilatiollogreemcllt. divolce decree
or otlter order ora court ofrecord,,,". The Debtor must be able to dcmonslrntc that either he does nol h.we the
ability to pay the debt from income or property or that the benefit to the Debtor docs not oUlw(\igh t:'" delriment
to the spouse (a balancing of the hardship), Defore the amendments. lire oblillution hod to be in the nahire of
support or alimony to be nondischol'geable, The impact of this provision isthnt it hos given bankruptcy judges
great latitude ill resolving m81ital issues, However, It is still eusier to protccl an obligation from dischan,',e ifll I"
"in the nature of support or alimony," 1 am enclosing II copy of the penincnt palts ofan agreemclIlthal cleverly
protected the obligee spouse, in which the obligation is trealed as equitable distribution, but convel1s 10 it ,Iehl in
the nature of support if the obligor mes for bankruptcy. Judge Woodside upheld this Isngua6c and found the
debt to be nondischarBeable, even though the obligor spouse was takill8 home 7.elllnet pay aileI' the paymcnt to
wife,
Lien avoidance: Many of the horrific decisions tbat probably make litntily law allomeys quake have u\ oided Iiells
thAt the obligee spouse has on assets of the Deblor, as in farrllY-UlIlllkrfoo1, There is 110 clear allsw~" tnllw
question of how a non.debtor spouse can be f'rotected from liell avoidance, but here arc some suegestic"15
I. Create a fee simple ill husband, subject to a condition subsequent Husbnnd would receive title to th~
property on the condition thllt he continues to make the-requiJ'ed payments to Wife ill a timely manlier If
Husband fails to make the payments, then Wife may reenter the property and take possession. Althou.'clh lho
obligation to pay money could couceivably be dischargeable in bankruptcy. the ownership intere!l would survive.
2. Create a life estate in Wife 50 th.,t ifllusbl\lld defaults in payments, Wife would have on in [em nction ilellillst
the property, lfHusband filed for bankmptcy, Wife should be protected even if the arrangement constituted a
property settlement because she would twld all in W1I interest in the property, nnd nol merely an iu personlllll
claim against Husb81ld,
3 Create a defeasible ree interest in Husband who, in exchange fOlllle real eSlate is madr\ responsible I<1I
providing support or making prop"rty sdtlement p"ymen15 IfIlu~balld delaullcd in payments, the prll;"'''ly
would revert to Wife.
4. Create a mortgage for Wife, who, nllllin, would have WI in t'lun inrcrl!~l in tile property and not jUitlln ill
p.wwwu claim a!lainst Husband
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depoait, GtOCkfi, boncts or other ~uch in~trument~ in the
pCllll>ession of or Hubjm:t. 1.0 thn "unt.t'ol of Hur,b.1nd, ill"ludin'J
f
!
Money on account: in bankll, lIiwinq" inllt:itutionll, or nt.her
finllncial instlLuLlorl!l, ....hich ",:coulILu ..tM'U ill Ihlllb...nci'" nam..,
01' on which Husbllnu i 51 cU:ltod i.'1n, f::\ch ~nrty 10131 V(Jn any nnd all
interest, claim or right that h~ or Aho may havn in or to tho
asseta awarded to the othor by the terms ~f this ~ubp...rllqrilph.
(!l .I!il.mgDt;rL.1=,R....IiJ.1.!l. As part oC tho property
ciistribution b~tw.pn thA partiPR, commoncing on l.hA ox~cution
dnt" of this A<jreement, llllsbllnd ShAll pay to wito tho "1I1ll of Two
Hundred Fifty Dol I"r:; ($~50) every two we~k::: for a PQ1'iod of t<1l1
ilO) years from the ci<!lLo of eXAcution of thi!l ,\qro\lml1l1t or "
total of 260 bi-w"ekly pnymltnts, The partiAll oxprp.~"ly
understand and agree that Lha paYlnunts required by th is
nllhparAqraph are int<lnded t.o be in the nature of .. proporty
settlement and are not int~nd.d to be illimnny in the event that
l'luch would otherwise be treated as alimony. Tho partieG also
spooifically agree t.h..t !laid p1\ymonts are not inton<lnd to bo "
debt which is affected by a dig~harge in bankruptcy and they
specifically intend that Hur.band's oblig9-tions UlllhH' Lhl! torm>.; of
this subparagraph shall not be subject to uinchargA in bankruptcy
because they "cknowl('dge that such ,u-e necessary for Wi fo to meet
her financial obligation" and to 3upport and maintain her
standard of livin<j, Such pll'{l1lontll shall be t"x fro" to Wife, and
Husband covenants and agI'lHl'; not to c:aim n ,Imlueti"n for 3.!1id
9
f 101.11 ; [(II'OlHY L.I nTT
.._'';
payments on his ir.com'! tilX r"t.UrlU; nor to a!J!\l.'rt. any posltlnll
that would i.lttempt to croat.. I lavl Ilty tor Wift.: for the pllyll\Ont.
of llny income tux thereon. Tho !inanclal obl i<)ation:!i umJllr"l..iknn
by Husband in this suvp"r~gr~ph shall bA binding upon his h~ir~,
executors, admlrdntra t,)['!\, HUCcossorSl llnd llGGigns and sha 11
oonstitut. a chargo agAinst Husband's entat... Raid Ili1yJ11l!\nt.s
nhall not bC/ tennlnl!blo or. the dC/lith of "ither party nor shall
they b. tormlnllble upon WlfA'n rallll!rdagw. ct' cohavlt.l1l1on.
(g) E.LQ!''ld:t-!;,Q...HU". 'l'hll' purtin tlgreo tllll\.
wit. shall own, possess, and enjoy, free from /lny clAim or
Husband, the propnrty awarded to her vy the tonns of this
Agr..mClnt, Hunband heroby qultclalmn, assigns llnd convoy" to
wito all such propClrty, together with any innurnnc~ rolici~s
covaring that property, and any eGcrOW IlG,:ountn rnl..t.in'J to thoit
property. This Agreement shall con!$titutn " Hufr.ietont bill of
salG to evidenclIl th" transhr of any and all rights in such
property from Husbllnd to Wifg,
(h) E-'r~p.!1J::t;y__t.9_H!.!il2.<!nrt. 'l'h(1 part.i"," 3gnl!' that
Husband shall own, pOS~P.S9, and enjoy, free from any cl~im of
WifQ, the proplllrty awarded to him by the t~rm~ of this Agreement.
wifG hereby quitcla ims, ass 1<;1051 and conveys to Husband all such
~
proporty, to'.lGther with any inGurnnca policic!l covorIllq that
property, and any escrow accounts relating to that propel~Y'
This Aqreement Ahall constituLe a sufficiont bill of salu to
ovidenclIl tho transfer of any I!ncl 3) 'l rights in such proporty f1-0:n
Wirlll to Husband.
lO
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educational nxpIHl!ll'''' "11'\ I.h..1. t.llll ulJl i<J(ltions or the p,ll'l.ip!;
pursuant to this 5ubp_ua'1raph :>11<111 apply 1.0 t:hO.;tl Cm'.., costr;
and expenses not cove rod by !Ia ill !h1V i n<Js bonds. In ,10<1 i lion.
Huoband speci fica 11y oI<)r""" t,o ()(Hlt i nuu to (lcq\l i L'l" ,;,IV i nq!1 bond::;
dOSlignated tor thQ clliLc.lron's oduc:\tion throl1<Jh his l?mploymllnt in
n manner con!1istent with his practice to thn dute of execution 0:
thin ^9reemQnt. lIu"hl\r1(1 al"" nqrooll that ho will continue to
mainta in medical nnd hospi ta I iZllt iOI1 on tpe childr"'l1 wId I.. they
are in college.
(d) 111!l\ll:i!r1Cll. Husband a<JrQ~S that for BO long
"s he has any child l1upport or collu<Ju $upport obli<)ntion to tho
childron, he shull n"mq :\nd maint:\in th~ children a!1 primary
benefieiaries on the lite inRurnnce poI icy providod 015 It b~netit
of his employment, as well as any oth~r employment benefits which
permit such a benoficiary dosiqnad.on.
7. SPOU$~1 s!LffQBl'l..1U..UlQtlX-. commencing 011 tho
execution data ot this Agreement aod continuing for n p9riod of
ten (lO) years therea ftor, lIusband shall pay to wi fa thp. nllm nf
one dollar ($1.00) per yoar or ton annual payments and said
payments shall constitut.e opouoal !1upport. tor so long a:; th.c
part.telll romain murri9d and al imony froln ~h03 ~',<lto n <.Iivorc(' dllC['llf\
is entered with respect to the parttos. ~-Ho~avar, notwith~tnndinq
the prior t1entElnCQ, if and in the .;vent that Husband f Hes for
bankruptcy at any timn prior to the IJxplrdtion of t~n (10) yenrs
from the date of execution of this Agroement, than any Gums
Husband owes to Hire by the tornu of thi:> Agrcer:1ent wh i<.:11 Iltlnb.\nd
l7
,
FF')II.; [1(IWnU L.I'IOTT
Hki'1F ftU.
~'l " :i~'.' 1.1..~' "
]:'(1, 1.11 1.'4, In:fq,,1l i'.'
nucc..dz; 1n dl!Jchnrginq llllhlllkrllpt.(;:t ,,1,,111 I," !..,\....blo" to) wit...),-
alimony, dollar for dollar, O.l!; !Iul,h \oIollld "lht.'r'.d,;'! b<"'()lIIf' duoi'
and payable undor tho t:nr:n,; uC thi!> AIJt'!'(lIut.!ut. In additiou, tho;!
vnlue of any property awanlcu tu wife tJy tho) tU['Illll of t.his
Agreement which HU!lban<1 i nvol von in any hankl'l1(lt~I.'Y proceed i n<Jn
ohall illUlu~d1..tflly hl!'com.. <lUll' and pnynbloa to wife (I" "llmuny.
HusbAnd alAo shall be );olllly rfl!lpoll!liblll for .IIlY e"Ht" , feet; "nd
.xPQnses, includinq COlllltwl (11<.19, which wj {'U may in,;ur in
connection with any b<1nkrll(lt:ey prneouding hu milY Initiate, Nu
alimony payment" what!<Ol;lV'lr requit'oQd by th'i tet'lOll of thiu
Aqreement shall be tax(:\bl.. to Wife or doductibln by Illlt<bnncl for'
tl'lX purposes, nor Ah...ll [lilY ,,"ch p"ym..ntn b" t..t"minnblo upon hI"
death, remarriage or cohabitation.
S, COUNSEl, FF,;"J;:iLAt!Q_J;;Xftl'-!?l!:~. Exc~pt os provldnd
herein, Bach party hereby aqrccn to bo Bololy r~5pon&iblo for hi,.
or her own counnc1 fees, costs and expenRos Ilnd fUt"th...r agrees
that nQither shall seek i'lny contr~bution thereto frolll the utl\f\l:
party.
9. 11Q.P-U:.LC:8rrl1t1. No luodif ication, rUue inn ien, or
amendmgnt to this Agroement shall be ettective un1,,"'" In wrltlnq
signed by each of the parties herdto,
10. M\.ITIJAI, WAIV1:;B!LliliILF.J';j,r;A~f;~, F:xcnpt: for all
riqhtl$, agreements Ilnd obligations of whatsoellur naturE' uris in<J
under or which may nri"... und..r this Agrucmont: Ot" for the bl"ll.i<;h
of any part of this ,\gr.c,-"mE'nt, thQ pllrtil1!l acknowlqdge ami ...g t.,,,.,
that this Agroement shall b... and constltutl1 i'I Cull and flnBI
II]