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HomeMy WebLinkAbout94-07224 " " d , , , ' " , t", ,:Ii '1 c ] ce " ',/_I: ,..t, ,yo: " " . -7 1,,"'1, I)' .t'. 11":'_ ':" I",' "~I, , . I I:, j; ; ~ iJ""" c .; -6 .J ~ J "I ' 1](' !"I'- ," .1 '1 -1", 1>,"::::;::(:;' , '1 I' . ' , q - - ., \ . I) " "~, f; , ' :1, , ," jj I 'L',. 'f,- q 'i') ',' :' ,I: 1 , ,'\ , ' ,,'I " , I" " " ,'d " " " , " ,,"',' ,', " ' "',I 'I " " " ,', " ", ( ~ p 'I,. I , , "Ifl',-) 11_1 , " '; ,d' J , , 'I , , , ' './ " J ',I I I ":,"-,( ,; ,,\' , .I' . " .' "," ", , , :r rg ('6 c- .,,1,"1 " , .,0, I . II I," ',' , I,,' 'I"~ " , "I " " 'II " ,{ '! I -I' ,I, ,..,:,111', -',oJ -ii' '1 "',l.;I,',, --".,],' , I. ,'fl' "II,': ~ I, : \ :: - \ II 'J" 'j!', " ",--' ,1 'I '" .". , ,J)'I " , ,i_ " I" I' II' " 'e I' ! ,;' ,1 ',I r\ '" " 't',' ,\'1" I , ' 'I', ,,' ~ I ." ,\ 1 " I r ,~ ,1, , 1,1' 'I .,',' I: : , " , .)1,. ,:,1 ", h" " "I I, . ,'- , ,-"-,, ':)', , f'.fl: " , J, ,1 " '"" \i__' 'I_Oj. 1'-- :I-,:l I,' 1:;';",1, ! 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I'" I .1 , , " ,,'... , " i ;' ~ ,},'.\i\ I .~ "" I ' ' " " I ',. .:/f:~;i 'I' ~ ,'i.~W:., f.<-rl'r~~' 11'1"'1'" l(.l,'i," " '1:{/\'{ ,!'\ I"lil' .t 1'1 ll'.jll"''-' , ,'l","" I' "j , " , , """." t" I, II 'I, ,;\ ," " ' , t''- 'I, [I .i', I '~, f ,:':1' " ,'-'I ,1' :/i,t' "I' I.., I ~' I \ '} ~ j ,':' 'II' t ,'I ", J , ,'\, ~ , I ! . i J , I ~ I', 1 I . I ,."" ,. '" "I 'I: , ',i. ,J!' I'" I,: " '!. " , ,,'/,,\;1 , ,\ '., ~ " " I " 'II I ". , i,l'!' ,1 r , "I "!,""Il" , " 'I ',1:1 , , ," " '" ,ii \''-1, , , ~ I , ' ! I, ,'I I'.." , ',i I', ~', Lr, d\' ',\11,(',,',,"1; ':"":,,?i;li~ ',II Ii I I I, " " '11 I, " " , , " ' " 'I,ll , " 1 !; ~ ' ,.. Il'!'.I" " , " ,',,, ,I" I " ,,' ,I".', " h ,)'", I' " , , ,I 4. . ~~*-~-~~~~---------->---------~ " _____._~__. _ _ __." _ ___ __ _'_ _ _, ., ',.. _ __ . , . _ . . . , '" _'-.' _ _......._.._v_v_..__v__..~__. , ~ .' ~ 8 ~ IN THE COURT OF COMMON PLEAS Q ~ . $1 OF CUMBERLAND COUNTY $ ~ . ~ .~ ~ 8 STATE OF ;r,-.>~;,~ PENNA. . 8 , * . 8 Harry v. Plitchin * N I), .. .....H.:':'n.~4."""""...... . * 8 ~ . r, 8 . ~ . 8 ~ ~ ~ . I. ,,~ " (~ /-,' I ~ ,~,.;. -:+:- .:.:. .:.:- .:.:. .:.:- .:+> M .' . Plaintiff 8 V l'1'.'iIL-; 8 cheryl Lynn Patchin $ $ $ $ Defendant DECREE IN DIVORCE AND NOW, . $.~,tc.lI'II\at!r:-. q. . . . . '. 19.".., it Is ordered and decreed that. . Ha.r.ry. v... .pat.chin. . . . . . . . . . . . . . . .. . . . . . . ...,., plaintiff, and.. .Che.r~l. Lxnn. .Pat~h.i.n....................,.........., defendant. are divorced from the bonds of matrimony. " P.' 8l . 8 . . 8 8 8 * ~ 8 ~ 8 ~ . 8 . . . ~ M_w', .__ ->>to ... ->>:. '~.' The court retains jurisdiction of the following claims which have been raised of record in this action for which 0 final order has not yet been entered; The parties property settlement agreement dated June 4, 1999, .,.........,..,.,.....,.,..,.."..,.....,.... ,.,.. ..... ...., i~. )'1.~r,?!:>y. .~ncpz:pora~Ei1d/, .b\l!:. .Ilq~. rn"~Z:9!!d".. tpt.q. tn..i.i1. 0.1'\&1. d.eGn~!'l.. n Y T d fl' 'Ir I: /J :l J Vf/~ ffe t) ~ r. Alle.l: ~ . Protholtro'nry .:.:- -:+;. .:+;. <+:. .:+;. -:.;. .:.:. .:+;. <.;. -:.;. ~ '. * ~ '. *. '.' I~ i~ I: I~ I~ I.:, .~ . r,' J. ~~ i~ ,',' ',- 'i" " , , , ' " ' 'I,' " :1' " I,' , I.~\\' \ \ . , . \.I . ,', , I'{- . r f./f,/,fl ~W ..~l;~;~ ~ l.'It,/.~ ~ h"'~' Z. , , 111 , ' , ' , , " I " 'I I, I " , " , , " " " " -, , ,- , , " " I' "~I I , ' ,I 1,/ -, , , 1,.-,1 -, .. " " \, \,' ... 4'~/~ '<< " \, '"I .. -, 'J' ,- -\ , , , -, I -, , '- 'J" , , -I' " , " ". . (' . ~'.i'\'}"";""': .J.J :'l.!11 _... ,',;':1,[ '. ; -_,I lJI';". . . 'I ~F .,,1 , ' , '1"lt... ,,+~-- { , .1, " " L ~ I,.J ,J,-hJ " ~ I , L' , "I'~'~" " , ~o' ,-.' , 11\.1 ,. 0,. \ ; _1-. .,ll:,','! /'.;}"a' , '1 , , " " " ,. " I' I ';' " _~'"""T,",'L",...I,,,,,,,,,,,,,,,,,'.n''' ._.,!,., t". 1{;'1.-o-' ""."., 1-0 , \.{(, Husband social s~curity Numberl 26. Wife Social security Number: 111 ~i ."01 '. " " I Ii' " " _;r'_'~'j_''''''''1''"..,.-"?'''_--t-t'''fi'~''''''r'''. , . r ' 1-, 'f I, ' , '" --.".....-......, "I'''"' t ., " , ' , , .' ,;1 "~I " ,~ , " ,',I '0; ;! j .! ,I . ~ \~ ~ .. , ~ - ( , ,I 1 ~ ,I, I " ..fL.., t! , , . K" .' .:' "~.l I , , ~.I ., 'I,: PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this \..t ~"" day of J ..v........- 1999, is by and between: HARRY V, PATCHIN an adult Individual who maintains offices at 407 South 32nd . Street In Camp Hill, Cumberland County. Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and CHERYL LYNN PATCHIN, an adult individual who resides at 527 Devon Road. Camp HIli, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 August 1981 and are the parents of one minor child: Harry Alexander Patchin, born 30 March 1992 (hereinafter referred to as "child"); anc WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 94-7225 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto. Wife being represented by Samuel L. Andes, Esquire, and Husband by James A. Miller, Esquire, have each exchanged full and complete information as to the property. assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their child and for their rights and responsibilities in and toward such. child, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full I '. ........... , ...' . PATCHIN PSA and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement raduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recit"lls, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations. and intending to be legally bound and to legally bind their heirs. successors, assigr's, and personal representatives, do hereby covenant, promise, and agree as follows: 1. Legal custody of the parties' child, as that term is defined by the Joint Custody and Grandparents Visitation Act, and 23 Pa. C.S.A. Chapter 53, Custody, et seq. shall be shared between the parties hereto, including but not limited to decisions relating to the child and his education, religion, health and health care, and general welfare. The parties agree to cooperate with each other fully in making all such decisions about the child. In the event an emergency arises whereby the custodial parent at that particular time is required to render a decision which relates to this legal custody provision, that parent shall have the right to do so on behalf of both parents. However, as soon as is practicable thereafter. said decision-making parent shall contact the other and apprise him or her of the circumstances and seek his or her consult related thereto. 2, The Custody Agreement has been filed 8 march, 1995, in Cumberland County, Docket No.: 94-7225. Primary physical custody of the minor child shall be and remain with Wife from and after the dale of this agreement, so long as the circumstances as they now exist remain unchanged and so long as such custody will be for the benefit and in the best interests of such child. The parties agree that Husband shall have and enjoy such periods of visitation and temporary custody as the parties may agree and the parties agree to cooperate in scheduling and arranging such visitation and temporary custody. In the event that the parties cannot agree, the visitation and temporary custody shall be as determined by the court of appropriate jurisdiction. '1 , "",,,,:.,1- PAWIIIJ PSA 3. Husband shall pay to Wife, for the support and maintenance of the parties' son, the sum of Two Thousand ($2,000.00) Dollars per month, which shall be treated by both parties as child support and not as alimony or spousal support. The child support to be paid by Husband pursuant to this agreement shall not be subject to modification for any reason prior to December 31, 2000. Commencing at that time and thereafter, the amount of child support may be modified as follows: A. If Wife's gross income, from all sources, averaged over a three year period which period shall commence on 1 January 1998, increases or decreases by more than thirty (30%) percent over or under the gross Income from all sources shown 011 her 1997 federal Income tax return, Husband's child support hereunder may be Increased or decreased In accordance with subparagraph C hereof. B, If Husband's gross income, from all sources, averaged over a three year period which period shall commence on 1 January 1998, increases or decreases by more than thirt~' (30%) percent over or under the gross income from all sources shown on his 1397 federal income tax return, Husband's child support hereunder may be increased or decreased in accordance with subparagraph C hereof. C. In the event of an increase or decrease in either or both of the parties' income as determined in accordance with sub-paragraphs A and B hereof, Husband's obligation to pay child support to Wife shall be modifies so that he shall pay support thereafter in the same proportion of his gross income from all sources as the support provided under this agreement is in proportion to his gross Income from all sources as reported on his 1997 federal Income tax return. 0, In the event that either party believes they are entitled to a modification of the child support payments due under this paragraph, they shall notify the other party In writing and the parties shall attempt to negotiate and agree upon any modification that may be in order. In the event that the parties g , .....-'..,;- 4\ PATCfllfJ pgA cannot agree upon a modification, either party shall be free to petition the Court of Common Pleas of Cumberland County and to commence a child support action there for the court to determine the appropriate emount of child support due under this agreement The parties agree. however. that the child support to be calculated by the court shall be in strict accordance with the terms and provisions of this agreement and the parties shall not be bound by the support law of Pennsylvania otherwise In effect at the time of such proceeding, Payments of child support by Husband pursuant to this paragraph shall be made directly to Wife and shall be due on or before the first (1st) day of each month, commencing with the first month following the date of this agreement and continuing on the same day of each and every month thereafter as long as Husband Is obligated to pay support under this agreement. Husband shall continue such support payments, whether or not modified, until the minor child turns 1 B years old, graduates from high school. or at the end of the summer following the minor child's graduation from high school, whichever shall last occur. 4. In addition to the support payments provided for herein, Husband shall provide, at his own expense. Pennsylvania Blue Cross and Blue Shield medical and hospitalization insurance for the child, or its reasonable equivalent, as long as he is obligated to make support payments hereunder. In the event that comparable Insurance for the child becomes available to Wife through her employment which Is more financially attractive than Husband's policy, Husband agrees to pay the monthly premium to have Wife carry child on her policy in addition to the support agreed to within this agreement. In addition, the parties will divide between them all unrelmbursed medical, dental and other healthcare expenses incurred by either of them or anyone else for the child by husband paying 50% and Wife paying 50% of such unrelmbursed expenses. 4 " ,~''; .Iv PATCHIN PSA 5. The parties acknowledge that their son will probably desire formal education beyond high school and the parties agree that they will contribute to the payment of the expense of such formal education as follows: A. Husband shall pay the tuition of the school the son attends limited to such amount equivalent to the amount of tuition for a full-time, Pennsylvania resident student attending Pennsylvania State University Main Campus at the time the tuition is due. If the child resides primarily with Mother during school, then Mother from timEl to time, provided such requests are reasonable, may request Father to provide evidence of payment. e. All other expenses, including tuition beyond the payments made by Husband pursuant to sub-paragraph A hereof, housing, food, books, travel, and the like, shall be divided equally between the parties. Wherever the child calls 'home," then that parent shall be responsible to maintain records of such expenses and the other parent shall pay his or her portion of those expenses to Wife or Husband within twenty (20) days of the time she or he submits a request for payment and documentation to reasonably support such request. C. The obligation of both parents to contribute to the costs of formal education as provided for herein shall apply to any formal education following high school whether at a college, trade school, art school, or similar institution I provided, however, that such payments shall be limited to the time reasonably required for the son to obtain an undergraduate degree or its reasonable equivalent in whatever field of study he pursues. 6. Husband agrees that he shall obtain in~urance on his life paying a death benefit of at least $250,000.00 and name the parties' child as the sole and exclusive beneficiary of such policy. Further, Husband agrees that he shall pay all premiums and take all actions nec.essary to maintain such insurance, without reduction in the death benefit, and continuing the child as the sole and exclusive beneficiary, until the child 5 ..... '.,. PATC~IN PSA attains the age of twenty.three (23) years. Further, Husband agrees that he shall provide proof to Wife, at least annually, of the continuation of such insurance in compliance with this paragraph. Further. Husband agrees that he shall designate a trust to receive the benefits of such insurance until such time as the child attains the age of twenty-three (23) years. shall name Wife and her father, Louis Kardos, as co-trustees, and Wife's brother, John Kardos, as an alternate in the event that Wife or her father ceases to serve as co-trustee, and shall provide an executed copy of the trust agreement provided in this paragraph to Wife within ninety (90) days of the date of this agreement. 7. Wife agrees that she shall obtain insurance on her life paying a death benefit of at least ~ 100,000.00 and name the parties' child as the sole and exclusive beneficiary of such policy. Further, Wife agrees that she shall pay all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the child as the sole and exclusive beneficiary, until the child attains the age of twenty-three (23) years. Further, Wife agrees that she shall provide proof to Husband, at least annually, of the continuation of such insurance in compliance with this paragraph. Further, Wife agrees that she shall designate a trust to receive the benefits of such insurance until such time as the child attains the age of twenty-three (23) years, shall name Husband and Wife's father, Louis Kardos, as co.trustees, and Wife's brother, John Kardos, as an altElmate in the evant. that Husband or her father ceases to serve as co-trustee, and shall provide an executed copy of the trust agreement provided in this paragraph to Husband within (90) days of the date of this agreement. 8. Husband covenants and agrees to convey to Wife, as her sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 527 Devon Road, Camp Hill, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Agreement, Husband represents that he has, as of the date of this Agreement, executed. acknowledged, and delivered to his attorney, a deed 6 ~''; It . PATCflItJ PSA to said real estate, conveying the same as above descrlb\3d to Wife, and agrees that said deed shall be held in escrow by his attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Husband's attorney shall, without furthar direction or authorization from Husband, deliver the said deed to Wife's attorney or such other person as Wife may designate, so that the deed can be recorded at or shortly before the time of entry of a final decree in divorce. 9. Wife shall be responsible to pay, in accordance with their terms and provisions, the debts owed to PNC Bank which are secured by a first mortgage against the residence at 527 Devon Road and a home equity loan with Pennsylvania National Bank against the same residence. Further, Wife shall indemnify and save harmless Husband from any and all loss, cost. or expense caused to him by her failure to makE! payment of such debts in strict accordance with their terms and provisions. 10. Wife covenants and agrees to convey to Husband, as his sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 407 South 32nd Street, Camp Hill. Pennsylvania, subject. however, to all liens. encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Agreement, Wife represents that she has, as of the date of this Agreement, executed, acknowledged, and delivered to her atlorney, a deed to said real estate, conveying the same as above described to Husband, and agrees that said deed shall be held in escrow by her attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Wife's attorney shall, without further direction or authorization from Wife, deliver the said deed to Husband's attorney or such other person as Husband may designate, so that the deed can be recorded at or shortly befora the time of entry of a final decree in.divorce. 1 -A.' . . . 't.... ...,. PATCWN PSA 11, Husband shall be responsible to pay all debts arising out of the property at 407 South 32nd Street in Camp Hill, Including the balance of the debt owed to W. Patrick Dohoney for Husband's purchase of the property from him, and a business debt or personal loan owed by Husband to the said W. Patrick Dohoney for Husband's purchase of a dental practice and related assets from Dohoney. FlJrther, Husband shall Indemnify and save harmless Wife from any and all loss, cost, or expense caused to her by his failure to make payment of such debts in strict accordance with their terms and provisions. 12. The parties acknowledge that Husband owns a dental practice and business, which consists of office equipment, dental and medical equipment, accounts receivable, cash, goodwill, and varioLls other assets, and which has various debts and liabilities. Wife hereby waives and releases any and all claim to Husband's interest in said practice and hereby confirms Husband to be the sole and exclusive owner of such practice and its various assets. In consideration therefor, Husband agrees he shall pay and satisfy any and all debts and obligations of the practice, or of his arising out of his ownership or operation of the said practice, and that he will, further, indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to make full and timely payment and satisfaction of such debts and obligations. 13. The parties agree that Wife shall become the owner of the 1994 Volvo 850 automobile. If such vehicle is titled in Husband's name or in joint names, Husband shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to Wife. Husband does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle. If the title to the said vehicle is encumbered by any debt or obligation, Wife agrees that she shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to make payment of such debt. '6 \~..... PATCI-/IrJ pgA 14, The parties agree that Husband shall become the owner of the 1986 Jaguar XJ6 automobile. If such vehicle is tilled in Wife's name or in joint names, Wife shall make, execute, acknowledge and deliver any and all documents necessary to transfer the 1I11e to Husband. Wife does hereby waive, release, and relinquish any and . all claim to or interest in said motor vehicle. If the 1I11e to the said vehicle Is encumbered by any debt or obligation, Husband agrees that he shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to make payment of such debt. 15. Husband does hereby grant, convey, transfer, assign, and deliver and set.over unto Wife the following assets, which said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property before: A. Wife's Interest in her IBM tax-deferred savings plan; B. Wife's individual retirement account with the AMCAP Fund; C. Any pension or retirement plan Wife has by virtue of her employment or former employment by IBM; D. Wife's stock in IBM, which consists of approximately 400 shares: E. Wife's accounts with the IBM Federal Credit Union (Account No. 11245-00 and 11245.13: and F. All Items of jewelry, furs, and other items of personal adornment In Wife's possession. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest In said assets, which shall be and remain th~ lole end separate property of Wife hereafter. C) ..1' . .......' ,,-- PATCHI~ P5:A 16. Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the following assets, which said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property before: A. Stock portfolio with Infinity Investment Advisors; B. Limited term municipal fund with Infinity Investment Advisors; C. Oppenheimer Pennsylvania Tax Exempt Fund A; D. Husband's interest in profit.sharing plan operated by his dental practice; E. Husband's IRA with Infinity Investment Advisors; F. Husband's IRA with Smith Barney; G. Hu'sband's account with Pennsylvania National Bank (Account No. 2400266); and H. Cash value of Husband's life insurance polley with Massachusetts Mutual Insurance Company. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate propel1y of Husband hmeafter. 17. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the 10 ""'v ",J' . PATCflltJ PSA individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 18. The parties acknowledge that they are aware of the income, education. income potential. and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for them self, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided fer herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 19. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property. including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now 11 ...., , . "-"v PATCHIN pgA currently In the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of al: of their claims to the marital property of the parties and the equitable distribution of the seme. 20. Except as herein otherwise provided. each party hereto may dispose of his or her property In any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation. the right to equitable division of marital property, alimony. alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy. statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will. at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 21. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim. and forever discharge the other party hereto, his or her heirs, executors, administrators. or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any mailer or thing done, omilled, or suffered to be done by such other party prior to the date hereof; except that this release shall In no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12 ~." , ~.... PATCHIN PSA 22. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for In this agreement. Each of the parties hereby represents to tho other that neither one of them have incurr",d or contracted for debts in the name of the other or for which the other IS or would be legally liable from and after the date of the parties' separallon. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 23. Both of the parties hereto represent to the oiher that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to raview this information with an attorney of their choice and voluntarily decided not to do so. 24. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, Including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. ~ t Ig ~" . ._- PATCHIN PSA 25. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action In law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by ona of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 26. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 28. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness ~~. H RYV. ~A?2~IN ~~-~ ~~ '~/Jit:: f2Je~ CHERY L YN PATCHIN 14. . ~-';" ..~ . .J. PATCijlN PSA COMMONWEALTH OF PENNSYLVANIA: ss: COUNTY OF DAUPHIN: On this, the l( ~ day of Jc..U-"'"" , 1999, before me, the undersigned officer, personally appeared HARRY V. PATCHIN known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within. instrument, and acknowledged that said person executed seme for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, - - I'Jl)Llli.\I~.il!.i1 ~ J11~11<, r, 1},oIli'l IkLl'Y Publu; " 11.)lf.~-iJljtll l'i,\lq;111I1 ClJullly Ml' (,1"'"11111;-;1(;;11: )1.'1I(,:,'I\pnl '.~O 2001 T-;;:7;::"I;~-i--~;;;\::~,~~;',i-\-':;~~1 NI;l,IIII.!S COMMONWEALTH OF PENNSYLVANIA: ss: COUNTY OF CUMBERLAND: On this, the \"1 t{". day of ~ , 1999, before me, the undersigned officer, personally appeared CHERYL LYNN PATCHIN knownto me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, f~.--. l:1~~L/J My Commission Expires: NOTARIAl.. SEAL----- -..., LYNN EHREHfHD, Notary Public I Le;noyne Boro. Cumberland CountY My _~mrnlsslon Explree. Aug. 17,2000 . 15 , I) , " " , I " " .1 , I , "I, I' I , "I 1.\ ,I I " Hi 'i ., , ., " , I, I' ,'I , 'I !'," " , , " i' 1d , " " , , '1 If! , , il, I,; 1,1 I I' 'I f!;' i; , ~. , , - , , ." ~ ~.1~ ',I N 1')1" I, '" ~(;i C',." :c I,,, "r" 0.. .~:- :;~ I C)f-': ,.,;:1 'f).. C . '11 , ~;; .'" N ;:J~ ~:' '.L. 1 ,"-I , th.' "I" " .~- Wi f'1.0... , Ii II 1-. ~. , , , 15 r.n a I, jj } '''f m I , " ., I " I , " " ", , I , I I .I,' I . " I (Ii , , I , I. " ,I .' I' "i i"' 'I " I , " .1 , \, , I'. , , " I " """ ... 'v 'I .,1, "." ~~""'I"'.""""""'M "I.,. . -~, " -' , '- "'" ....,.. . ,..1.,.." .....',." 'I"'ii' '., ,.. 'ij.li, ' "".'" '. ,..t: I:. Harry V. Patchin, Plaintiff SS# 209-46.1732 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO, 94.7224 Civil Cheryl Lynn Patchin, Defendant SS# 177-48.15801 CIVIL ACTION. LAW IN DIVORCE ,/ I PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following informallon, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Upon the defendant by United States First Class Mall, return receipt request number P 645 604 661 on January 3, 1995. 3, Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: June 4, 1999 by Defendant: August 9, 1999 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: June 7, 1999 by Defendant: August 9, 1999 4, Related claims pending: There are no related claims pending. Respectfully Submi ted, ,(. James A. Mil r, Esquire Attorne lalntlff orth Second Street, Suite 100 Harrisburg, PA 17101 (717) 236.5161 By: I ~ I I"'~ ~t~I ;:;:~ - n ~ ~11;' I ;.... .' ~' .1.., .~ "~ ~jr-' <.I.. .):$ . ~, 'ft . ..:r ,~.. .... C\J ~)%€ '-"j ~~ 11:2' " . ". '-:.11'7 ,. _. 1.1.. '<:: ..~.' 0..: C.l g: d " " ;1 l'j "I "1 , " rJ ., I I ,] I 'I., :1 " I, , , " II " I, , it. H i"'1 , " ,. 'I ., , . 'lj '1 .1 I , '/ " I , , , " I , " 'I' II I;} ',I" 'I I, 'I 'i! ,',' ..' , ~ {{,) " \ (j \..; "" J t. -l' .~ -.:; a \~ a d 1 "K 1L fJ 0 1-r) .,.", .::.> en , 0 tj l() ~1") - ., \0 ,,' l{) I.) Q-- = ~ -... "' " l{) l() - " \/) '@ I.,> r:- - " ,ll) .:0 - '~ 0- 4 ~ ,!'() '::~~." r .1'."", - R frl I' - = I' ~, '" 'll:. " ;q ~ " . iii f,i 0( rIJ ~ C ~ ~ III III o ~ ~ = ~ ~ = Z ~ IE II: ~ < 0 z . t t .. .... Ol II N II; .. II: rtJ Q E: <( z <( ~ ~ Z Z III tI. g ::l Dl III it II: <( J: (; :t ~ N g 'i I I I, " " I I, , d" I, )'1 I, ," I, , "1,.,' '.' I,. , I .' ,~ . , . . .. The marriage i. irretrievably broken. 7. Plaintiff has been aQvised that coun.eling i. available and that Plaintiff may have the right to request that the Court require the partie. to participate in counseling. .. Plaintiff requests the court to enter a decree of divorce. WBI..~oa., Plaintiff requests that this Honorable Court enter a Decree in Divorce pursuant to section 3301(c) or 3301(d) of the Divorce Code. COUNT II DIVO.C! UNOI. 3301181111 OF THI DIVORC. CaDI t. Plaintiff repeats and realleges the averments of paragraphs 1 through 8 which are incorporated by reference herein. 10. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. 11. This action is not collusive as defined in Section 3309 of the Divorce Code. WBIRBFORI, Plaintiff requests the Court to enter a Decree in Divorce pursuant to Section 3301(a) (6) of the Divorce Code. COUNT III IOUITABLI DISTRIBUTION 12. Plaintiff repeats and realleges the avermentQ of paragraphs 1 through 11 which are incorporated by reference herein. 13. Plaintiff and Defendant possees various items of both real and personal marital property which is subject to equitable distribution by this Court. - 2 - V.('\~~:.p..i,,\i. . \j '"!~l:}.. .___.:.'..::.::,Ii!.{~ C.'- . IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA ,....., ..... ....,......... M~--.W'J-9. AA '''10'' W'" ......., . _,,,,.,...........,' , Harry V, Patchin, Plaintiff SS# 209-46-1732 V. NO. 94-7224 Civil Cheryl Lynn Patchin, Defendant SS# 177-48-5601 CIVIL ACTION - LAW IN DIVORCE l\FFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was flied on December 28, 1994, and service was obtBined upon the defendant by United States First Class Mail, return receipt request number P 845 604 661 on January 3, 1995. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 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 marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 16 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. '7 ., --/ . " ...L c,..' [7 L/ (/ . Harry V. Patchin Date: --l- Y 1'1';4 ,<i'l, , I' " ';,1' " -~ ''',..~.! 1"'..~'.'-.' ,...."lJt ......,~., t:J' -~~" , ",~ J " ~F",<,,:,;'i,jl,;;',,:;~i , ,I, '''~ " .' ':i:1'f., J " 'F,); Harry V. Patchin, Plaintiff SSj 208-46.1732 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V, NO. 94.7224 Civil Cheryl Lynn Patchin, Defendant SSj 177-48.5801 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE...DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn fals,cation of authorities. \ ~ I Date: ,--)fr'V'- 'f (~'11 Y' ~ " (r- Harry V. Patchin " Harry V. Patchin, Plaintiff SaN 208-48.1732 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 84.7224 Civil () ,,1 L-11 C" Vl . ~::: "'il! " 11'1' ',+} lil,"! ;.~ . I I ' ',' " I 'I) I'j< 'n i..rl ~ I 'I :t.,. " , :" . :, , , .' - , I , , .. ." '0 Cheryl Lynn Patchin, Defendant SS." 177-48.5601 CIVIL ACTION. LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint In Divorce under Section 3301 (c) of the Divorce Code was flied on December 26, 1994, and service was obtained upon the defendant by United States First Class Mall, return receipt request number P 845 604 661 on January 3, 1995. 2. The marriage of the Plaintiff and Defendant Is Irretrievably broken and ninety (90) days have olapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of nollce of Intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate In counseling. I further understand that the Court maintains a list of marriage counselors In the Prothonotary's Office, which list Is available to mF,l upon request. Being so advised, I do, not request that the Court require that my SPOUS9 and I participate In counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Secllon 4904, relallng to unsworn falsification to authorities. Date: J})JtirJl;itJJ ~i{,~ Cheryl L nn P chin . I:.. , , , " " i' 1 Ii " " " " ' , . '.' " I " , , j! L. " " iF I' It 1', , " , (, " " '/, " I, ,.j' ,. , , " " "." '-I I ,-I '. if, 'I " , ,,,.j " ',' 'I "' , ., i'., ;,' ", , " 'I '.' " /, '11 " , " " , , , " " , ,L I \ ,-, , , " ., " iH 1 I" "" 'I, ~' ,; d " " i " , , " ,. " 'i! :1 , ,I, " , " ., ,,' " , " , " , ' " " " i /;1 " ' ,) " " , , , , " " " , 'i '-,'" I,' " ., I', ,;1 'I ,I, , " HARRY V. PATCHI. , I IN THE COURT or CONNON PLIAB Plaintiff I CUMBERLAND COUNTY, Pl1llf8YLVAlfIA I V. I NO. '''-7224 I CHIRYL Lnnr PATCHI., I Defendant I CIVIL ACTION - DIVOaCI I, J081PR B. D'AMICO, 18QUIRI!l, Attorney for Plaintiff, do hereby certify that on tho 28th day of December 1994, I served a true and correct copy of the Complaint Under Section 3301(c) Or 3301(d) Of 1'he Divorce Code upon CHRaYL LYNN PATCHIN, DEFENDANT, by depositing same in the United states First Class Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, postage prepaid, addressed as follows: CHERYL LYNN PATCHIN 527 Devon Road camp Hill, PA 17011 The Complaint was picked up on the 3rd day of January 1995 as evidenced by the attached signature card. SMIGEL, ANDERSON & SACKS BY: ''1'' '> ,,{ ___ 'n~. l.J c;::......, 81PH B. D'AMICO, 18QUIa. 917 North Front Street arrisburg, PA 17110-1223 (717) 234-2401 P 11IIS bOlf hl J, 1 CertItItd Mall ReceIpt No 11IIUI'..... Cov.,og. Provldtd '. Do not UIt lot Int.rnollonal M.II (s.. Rev.".) .... __s_ i kliWhom&o.~ j. =-,=~Whom, llmI. ""'.. S "- , ~ ~-/~-~5 }?y le ,,*,11 OeIImy F.. \ 1 -,.. ... AtttIil:1edDeltwtry ,.. ,--',;,. , h,.. l' i';,.\' ,',': ;...t:",.r,t."."" L)' ~'." ;~., '_''''', ! ' ,'" ';:,'....-"rf.,;I.. "~".' :""'~'[~'~.:~~~i":_'_II'-' "'.' "~-!..I'/"'.' i~/'~'I;\n:_",k ":"i""}'~~' ..';oI'L..'....:..:.I.- I'; ,': .. o"i'~'t' ., ..'1\1. .',IY "_~[I" ,.,. .t~..;.;".~oI~;:""'"~:.......~, I~~' ~t' ;~:' ..,',-' , "or'''''.-''' '," -',".;_,1"',"_",:, r.. -'.. ,thttlcNmtn'dMfIOllto~t"'m.i1D1.c..Otonthlbacklf~. ,I" O":'~~..Addr..." "~"".I'I'fItt. t,..... , " , " _'I "'1 ",~";"'1oNm~_"-'Ollth.0Nl_._...._Io_ 2. V'"RNl/Io1tdDIIMrY ',"; i'l !loa... wlI_ to..1Iom Iht .....10 ".._and....... ' ,..' " L ".' " " . . Conaull unaalll"or...,... . :\,'i, th;:;; l'~~il') 41.AWS~OSl ~&'/-J" ., f ...., 4b. S".I.. Tvpe . , , ' ~7 'DWDn ad. 0 RogllI.red' 0 'nlu,td ,. " , /f_ -- 1)1"'\ )iCC.rtlfllld 0 COD . f ur-mp Hi Ii,.." / 7()/1 0 Expr_ 0 Rllurn Roe Ipl 101 7.-0.,. I . _ ,". I (Only H ,1qUHt1/l , . " --- .u.&GI'Or.__ OOMIITlC RITURN , " , , " " , , " " I I', I " ,\;, 'I , I ,,1 , ! I' , ,I , I, t , I; ,\ I, I, " , r " , , J ;.' , 1" il .. \' '.j , " 'I ,.1 ,i , , , I I " I , , I I ;1 " " , , " " I , I!R , '~ . ~,~',~, =-= "( '.~ , I iiI , ..' 4."'J,.;..;. ,j.. ',.'l~;! ; '; .,' , I , q 'II tD .;.. rJ'- "-. I , Q , I; I ,J N I , en I-t' ( " i.' .... , '1 ~ ~;l ( ~~(H I l ,. il 'I ) iil " 't I j' , , , '-1 , I , n " 'I " ,I '1, , , , , I , . i:\ " , I ,-, ,-I 'i I '. I I , I Ii , , " I, , l' , , I " , " , , " I I, , HARRY V. PATCHIN, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVAN IA I I CIVIL ACTION - LAW I VB. I NO, 94.,7224 CIVIL 19 CHERYL LYNN PATCHIN, . = Defendemt I IN DIVORCE ~i'J'^ 'J'U:i ~;ll )-;,.;'1' DA'l'1f: II e '1' J V 1 'J 1 EM : .___,_" _.*-_ ..... ...-.--.. /)JJ.. 1 fk~lA{~ ~~~-~t~1A-- ~.... . ~i~:I4>~~tA ?1lf41~:~ .' /1:,,,. H"" tfJ'i l\"'\"'l/i.I)l'''J;P<~c~ 1 \'/1 , I t'r I L l'cll;~ ..f t~' ..; :.i:~~ / " 'L',,-'~\ I ( , ,l, ',' , ,.1 . 'i /.., .J\.P.{JU../'T "2 (lJ (....,. ,1. )/( Of (Jr.. (' t/l' I 1\ l':'J !) ,'" I,. _J~,. . lit," HI A,~\ '.~l..... ,'" '\,y '. ,/,..,.,,,( , ' ..o"dA<..i/J '1.1',\,( ""IJ i~--'JrI,/>tJJI~dJ!:.ljU'V.'J 7/U/11 1'i, u. .I"f''';'' ".IL. b;;;t..;;:f, .' .,.. OFFICI OF DIVORCI MAITIR CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 I. Robert IllolI.r, II Dlvorcl Mastlr TrllCll "0 Coly.r Olfa ManaglllRlportll w... ahore 697.0371 Exl, 6535 August 20, 1997 Samuel L. Andes, Esquire 525 North Twelfth street P.O. Box 168 Lemoyne, PA 17043 LeRoy smigel, Esquire Joseph B. D'Amico, Esquire SMIGEL, ANDERSON & SACKS 2917 North Front street Harrisburg, PA 17110-1223 RE: Harry V. Patchin vs. Cheryl Lynn Patchin No. 94 - 7224 Civil In Divorce Dear Mr. smigel, Mr. D'Amico and Mr. Andes: A motion for appointment of Master was filed by attorney James A. Miller on August 15, 1997, indicating that Samuel L. Andes is representing the Defendant and that James A. Miller is representing the Plaintiff, The only attorneys of record are for the Plaintiff and they are Mr. smigel and Mr. D'Amico. Since Mr. Andes' name was noted as the attorney for the Defendant, I am sending a letter to him as attorney for the Defendant and a copy of the letter to Mr. Miller who apparently is now representing the Plaintiff, although, Mr. smigel and Mr, D'Amico are still counsel of record. I request that counsel resolve who is representing whom in this case as soon as possible and file the appropriate praecipes to withdraw and enter appearances. A divorce complaint was filed on December 20, 1994, raising grounds tor divorce of irretrievable breakdown of the marriage and indignities. The complaint also raised the economic claim of equitable distribution. I am going to proceed on the basis that grounds for divorce are not an issue. Based on that assumption, I am directing counsel for husband and counsel for wife to each file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on HARRY V. 1"ATCHINr . IN THE COURT OF COMMON PLEAS OF . plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA . . VS. CIVIL ACTION - LAW . NO. 94 - 7224 CIVIL . CHERYL LYNN PATCHIN, . . Defendant . IN DIVORCE . NOTICE OF PRE-HEARING CONFERENCE TOI James A. Miller Samuel L. Anues , Counsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, carlisle, Pennsylvania, on the 29th day of December, 1997, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/6/97 E. Robert Elicker, II Divorce Master James A. Miller, Attorney for Plaintiff, filed a pre-trial statement on September 22, 1997. Samuel L. Andes, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. ~y V. ' PATCHIN, , IN THE COURT OF COMMON PLEAS OF I Plaintiff I CUMBERLAND COUNTYr PENNSYLVANIA I VS. I CIVIL ACTION ,. LAW I . NO. 94 . 7224 CIVIL . CHERY,L LYNN PATCHIN, I Detendant I IN DIVORCE RESCHEDULED PRE-HEARING CONFER~NCE TOI James A. Miller Samuel L. Andes , Counsel for Plaintiff r Counsel for Defendant A pre-hearing conterence has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 17th day of December, 1997, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 12/11/97 E. Robert Elicker, II Divoroe Master '" " , , , , , I " " Ii II :11, " '.t" I , ,., -'I , , , I " , , ,. I ,j I "i ,1,t_,1 I, ,. , . , , " II " "'I . ~ II \I 0 c rJ 3j ~ ,. <( . z 0 ( j <( ~ ~ = ~ ~ VI ;Ii II III ~ Z .. = z g ~ ~ '" -< ~ . ~ ~ 05 01 II: . '" ::l I; III VI . ii . II: rJ ~ , , , 'I ., 'Jf, I: " HARRY V. .ATCBII, I .laintiff/Petitionerl I V. I I CHIIlYL LYIOI PATCHIIl, I Defen4ant/Re.pon4entl III 'l'B1 COURT or COIIMOI PLIU CUKIlIRLAHD COUlfTY, UIlII8YLVUIA 1r0. '4-7224 CIVIL ACTION - DIVOIlCI mmER MID IIOW, this day of , 1995, upon consideration of Petitioner's Petition For Special Relief, it is hereby ORDIRID and DICRIID that: A. Respondent is enjoined from entering the premises at 407 South 32nd Street, Camp Hill, Pennsylvania 17011; B. Respondent is enjoined from entering the parking lot and/or curtilage surrounding the premises located at 407 South 32nd Street, Camp Hill, Pennsylvania 17011; C. Respondent is enjoined from telephoning the premises located at 407 South 32nd Street, Camp Hill, Pennsylvania 17011; and D. Petitioner is awarded the sum of $ for reasonable attorney's fees, costs and expenses associated with this action. BY THI COURT I J. harassing th~ Petitioner and causing serious disruption to Petitioner, Petitioner's patients and Petitioner's statt in the tollowing manner: s. Respondent engaged Petitioner in disrupting verbal , , j disputes; b. Respondent caused a scene that compelled Petitioner to take time away from his patlents; o. Respondent engaged in rummaging through Petitioner's personal effects without Petitioner's consent and against Petitioner's express demands to the contrary; d. Respondent did engage in rummaging through Petitioner's business files and business logs without Petitioner's consent and against Petitioner's express demands to the contrary; e. Respondent made verbal demands for money; and t. Respondent refused to leave upon request. .. The atorementioned acts of Respondent caused Petitioner severe embarrassment and humiliation in the presence of his patients and staff. 7. Upon departure from Petitioner's place of employment, Respondent then used a duplicate set of keys to enter Petitioner's vehicler which was parked outside of his office, for the purpose of rummaging through Petitioner'S personal effects and personal documents. 8. Between December 1, 1994 and December 27, 1994, Respondent has made numerous phone calls to Petitioner'S place ot employment tor the sole purpose ot engaging Petitioner in verbal - 2 - diBpute., cUaruptinq Petitioner'. practice or elenti.try anel cauainq Petitioner emotional eli.tr.... I. Th. arorementioneel actions by Respondent have cau.eel Petitioner to .urrer .motional elistress. 10. Re.pondent has no legitimate reason to be at the above described premises. "..BrORB, Petitioner, HARRY V. PATCHIII, respecttully requests that this Honorable Court enter an Orderl A. Enjoining Respondent trom entering the premises at 407 South 32nd street, Camp Hill, Pennsylvania 17011; .. Enjoining Respondent trom entering the parking lot and/or curtilage surrounding the premises located at 407 South 32nd street, Camp Hill, Pennsylvania 17011; C. Enjoining Respondent from telephoning the premises located at 407 South 32nd Street, Camp Hill, Pennsylvania 17011; D. Awarding Petitioner reasonable attorney's tees, costs and expenses associated with this action; and - 3 - '",~j 'W.I .I..:I",J...... A,' Ml . .1, ." ~'~ .... v~~. ",.. -, 'f '" tl .....,.1 . , ""'fir , , , ,. 'I, :', -"i-': ""ITr!l~f-fflw~rt'i\'-l~'}?'P;;;^'I'Yi'~l:'a",!;: i . .~.. ,. ..... 'i""',t h'-"f:'.-"t,)it;~'\'iW;~jl:T)-1j';}, I','.. ",",,!, ,'_ "I!oi:ri'\'i",J"I,.,'lJ!!lt~' , '"",' ,'.' " -,,'P-L':"'{,'_',I".:':-:;'f,'Ji} ~.~ ,..... ,I..' '","1 '~ ' ,,'. ;.- ,", -,'t' ,"':~;,-_~'):i .<"''\,\'- ,F ,. _.1,.,"_'1',;, \.....f , , . ,;". - 1}<O-:'.rCI~'- ...., ill, ,~,I ,1/,! II :," I. , "',it, I, .>,\- IN TilE COURT OF Cotll'lON PLEAS OF CUMBERL,\NO COUNTY. PENNSYLVANB Harry V. Patchin Plaintiff Plaintiff VB. Cheryl Lynn Patchin NO. 94-7224 . 19 HArry V ~At~hin' a master \lith respect to the (x) Divorce ( ) Annulmen t ( ) Alimony ( ) Alimony Pendente MOTION FOR APPOINTMENT OF MASTER (Plaintiff) kW~~, following claims: <x ) ( ) ( ) ( ) moves the court to appoint Lite Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for \lhich the appointment of a master is requested. (2) The defendant Jillll~ (has not) appeared in the action (personally) (by his attorney, Samuel L. Andes ,Esquire). (3) The scac~rory ground(s) for divorce (1s) lllt,UI) 3301 Ic) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached \lith respect to the follOWing claims: claims : (c) The action is contested with respect to the follo\ling e uitable distribution (5) The action ~lJl'0CW9 does not. involve) complex issues of la\l or fact. Pre-trial (6) The hearing is expected (7) Additional information, conference requested to take one ~~ (days). if any. relevant to the motion: Date: August 13,. 1997 I r )( fh/tv- ,~ 7tto ey for (Plaintiff) (id.<<ICbIlUl:) ORDER APPOI1!I!NG ,MAS R -'" AND NOW 4-u;) IS .19.fL, ,c /(,&(..,- /.C(c?/, is a~oinced maste~ \lith respect. to the following claims: /,),' .,- /' ()I (). 1 f"1' )' Esquire, #~(P~:'JJj ~J. CUMBERLAND 44 F]!.;Q-oFACE . OF THE FfiOTl \0':OTAAV g, AUG \8 PH 212~ I CUMBEFilAiu C~UNTV " . PENNSVLVANA .1 '1 I ~ J " 'v ii, .., I, I : ,'1 .,' ,. / II ,I," " , , ., III ',\,:I , '1 , ,. "~I' , , , " , II , ,'I,'J, , I' " i1 1"1 " , i " " .1'1 .. I,ll , ., Ih ! , I ., " , 'I " '1 " 'I .1 " " '! , I I;, , i' 1", ,. I " ~ I , " N ~ N ,.' " I! M g~, '. I,.' :'C ," t'l Q.. I~Jj " If) ~~ " " , , - '/1 I., , I' , g " "I I ,'. oO;C tl- ., ~ ~ a " I'; I " " ., ., ., , .' I " " , " .. , , " "1 " " ., , ,I , , . ,I " ,'1\1 " " " .I! '.'1 , , 'I , / 'I , " , " " I , , " " , , 'it,' I',' . " ,.lL",_I,:/ In, ,: ',' \. ,ii,"1 '/1','1, ~ I \ '.; ;"J ',' "i"l -I 'ttIt<_. , ''1'' .! '-,I , " ,. ,'-. 'I I 'I" , " 429t.I-4I1BIlI.......I.uaTI~1l..ATUOP au.vlewl....... 12. IIl'II . DltIly V. PATCRIN, I IN THI COURT or CONKOM PLlA8 na1Dtift I CUJlBIRJ,AIfI) COUNTY, PI1l1I8YLVAIIIA I V. I NO. 94-7224 I CHIRYL L YIIJI PATCRIN, I Defendant I CIVIL ACTION - DIVORCI I, J081PH B. D'AMICO, 1l8QUIRI, Attorney tor Plaintiff, do hereby certity that on the 9th day of January, 1995, I served a true and correct copy ot Plaintiff's Petition for Special Reliet with attached signed Order upon CHIRYL LYIfIf PATCHIN, DIFBNDAIfT, by depositing same in the United states First Class Mail, certified Mail - Return Receipt Requested, Restricted Delivery, postage prepaid, addressed as follows: CHERYL LYIfIf PATCHIN 527 Devon Road Camp Hill, PA 17011 Tho Petition for Special Relief with attached signed Order was picked up on the 11th day of January, 1995 as evidenced by the attached signature card. SMIGEL, ANDERSON & SACKS BY: . V SIPH B. DAMICO, QUIRI 2 17 North Front street arrisburg, PA 17110-1223 (717) 234-2401 , p all5 ..Oil bb3 2; Certified Mell Receipt No 'naurance Coverage Provided '. Do nol use tor l"h"MUOnol Mall I (Sue R.~er8e) So< \ A.""".. 0..'..... '" c.roFMd ," Specl" OtIhl.'Y F.. i Aelum Aec.lpl ShowmQ ~ 10 Whom I Oil' o.Ilver.u A.lum flKtlpl ShoINlng 10 Whom t Oa"1 a ~,... of D.llvery . TOTAL PcalIQe 1 IF... ! $-.5& P'oIlmtfk or Dill. / - 9- 9r lJl 0. r ,-,,,,,"''''''''''''''nI1''': , ,. -' _ _ -', -,:; :_-~-~.~::~-';;:I~""_I'~-'- A,frt . 1..11IO wi-':l, ''''':r@'l':; ....III'~i.1 lolloWlhg ",vlq..IIOf"/III'..ijit".,; '." 0:,(".- ,....... - - _Md.ddr..."'trtt"wtN'Oftht.fofm!"d'letw.c~' 'fH):'I':, '1!,;.._,,_~ll._\11 ,'~.'I"'.JtYOtl " ' "I .', - .-1 "f". ".-lNI- ri?rm to the front 0' the maUpl.el, or Of) thlll btek if IIptCI 't. 0 Add'.....,.. Add~ I' ,,' I .~.--.'.....-. rw:':=~-A.l;ItIP' R~QU"I.d" on u.., mlilpl.-:. b.low th, erth:l. ~~r, 2', ~ R"b'lct~ D~I;V'rv - ' "'J' :1 -. - tM "_turn fljfc.e1pt will .!\ow 10 whom Ih. /IfU,I. ""111 d.h...,JI'd and th. d.l. " . II : _... . . _ ConlulU!!!,tm..tttr for fH. ,.;,. . ,: 3, AFlle.'. Add''''L 'O~()1ite.hi() 4.. A~~t ',~. '. J' .. . ,Ci1u'IJ ~ 4b. S.,vlc. Typ. " ~7 'Vet/on "Roact. . [] R.g,Ol.,.d 0 Inlured '. . -1 "'Cortlfl.d 0 COD I . ~ Hi" PA r1tJ// ('f+ 0 ~xpre.. M'II.. [] ~.::'r;~.~~fl~p, 10' 1 rL" / 7. DOl ~f O.lIvo,y " -.' .. r::tU:eti.4.Ai ./- - ex c, I ,.....1 8. Add... Addrel. IOnly If ..ltu..t"" .. and f.., .Id) ~ ., Big/!I'Urt (Agenll A;:' ~ . Oeo,mbo' 1991 ~u.., 11I'O: ,. ,. II>> DOMESTIC RETURN R~CII 5. " \!!j " " , I .1 .' ii' "I "I ,,',I I!A . ,r,: r.~,_ ~r.:, :'~,' I, II i'~.'" .;;: .... ':?<;':l'l ~':::;:.: ~, ~ ,J I ' -j ".1' ~ ~ :-!\~:' G ~~' " <'.0 = ..., 'ii:'" ",,_'~~; ,..l " , " III i! 'I, ,I, )'\ , L ( II f " I;, .1 , Ii I' , , ," \. ;., '. I, " I ) .. I , , , I '.) 1 , , , 'I ., il il ! , I) , , I , , I , , , , , , 'I , , , " I Ii, , , I 1 I , , , I " , 'I I I \ I , i'. ,'; ., ,. , , , ., , I " ., it 'i " ,I_"j ,! 't " I", ) , , , , ,I \. ~ ',I, '.j 'I, ri) . . ", , ' " " I. '1 ., " " '\ , . 'd ", , . . II \I , . 0 II e F: 1II ! ~ <( . 11'I Z : ~ ~ ~ 0 J ~ = e"' )0 , ~ ~ = Z ~ Z ~ < 3 ~ III ~ Q. e. .; ~ t: g . ~ :J ! ID \I) II ii IIJ II: <( J: , , . ./ I '. , 'I " 'I' il ,. .. '.,' ., .' " I' Itj~ li3'o"\l ........ ..... ~ " " ,c " , . " 'I,' d, , 1." ,(S . , , , ,~ , I j , , '.1 I ., , ii' " , I' , . , .1 , , , , '!,' , , " ~ , , , .'1 "'1 'i. ~ I' ", " i I ',' , , , , .1 , I . \1 .11 , . , . , '1 I , '. , , " I ,i " , ; , ',I '/ "'1 ,! d' h'! ,I, ",p,! " 'I,'i ~, ',j-l,l' . , "~I, ,..j, I I'i I, 'i , , , . , "I' " "; I . , " "'., ',1'1 I ',!' I . ,'I, " , , . , I , " , ',I' "~I I" . , , :. 'i) I,ll '[ " ;',1 II" ',I , , , I , 'I '" ., I " , I,' II d ,,', I, , " ,i,' " I, , , " 1" " ., 'I . , , 1'1 " . , , " " " , .1 , ,,, I' , ; " 'I'" 'i. . [ , I .t'l j .. ,. I' ;1,1 " , . , 'I, , , , , Ii) , , I " I , ~ , , . " , ,II, 'i , ,', ., :1, \ ;0 , { , , '" I, , , . I " , , ., " I, 11 . ' I ", , , , , " , I ,I " i i " 'I I , . " ~! I Ii , " " , , . ';, I ~, II' , , , '-t r ," j)1 'I 'f. ",I , , ,J,' . , , !,1I .h ';' " ' . I 'I' " . , Ij 'I. , " " , "I .1 , . , 'I' , ',' , . , ~ I , I , I .. , '\1 ;~ " j'; "i' , 'ii' ".j 'i " . , 1\1 ,"1' I " ,~, , " , It' \ . I "," ,. ," ., i,1 ....IA.I, it is the d..ire of the partie. to enter into an agreed upon Order in relation to Plaintiff's/Petitioner's Petition for Special Relief. IIOW, TBBRBFoal, the parties mutually agree as follows: &, Defendant/Respondent, Cheryl Lynn patchin, shall not enter the premises or parking lot located at 407 South 32nd Street, Camp Hill, CUmberland County, Pennsylvania 17011 without the prior express consent of Plaintiff/Petitioner, Harry V. Patchin. B. Neither party will harrass the other party, whether in person or by telephone. C. Plaintiff/Petitioner, Harry V. Patchin, shall not enter the premises located at 527 DeVOll Road, Camp Hill, Cumberland County, Pennsylvania 17011 without the prior oxpress consent of Defendant/Respondent, Cheryl Lynn Patchin. XII WIT.IISS WHBRBOF, the parties hereto set their signature. intending to be legally bound. S L L. 8, IISQUIRI -~/ Q4't'G--- Y V. PATCHX" Chi ~/:,fl Idt/(II.~;l--' CBIIRYL YNII PATCBIII --" - :I - . HARRY V. PATCHIN, I IN THE COURT OF COMMON PLEAS OF Plaintift I CUMBERLAND COUNTY, PENNSYLVANIA I v.. I NO. 94 - 7224 CIVIL . . CHERYL LYNN PATCHIN, I Del!endant . IN DIVORCE . ORDER OF COURT AND NOW, thie ?;:J - day of , 1999, the economic claims raised in the proceeding been re.olved in accordance with a property settlement agreement dated June 4, 1999, 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, P.J. eCI James A. Miller ~ttorney tor Plaint~tt samuel L. Andes , Attorney tor Detendant - ~~~'- 7/"'~f9. Ai' W'M\1ASNN:!d AJ.Nnm C,'/1'!:;21~\nO [I;;:~ 1:1,) Z':: 1111' 66 llr 1'., . . ,~ ACJ"~\, ,_,,:; ,,1j. ;JlJ ..;:~:.~: ':.~'" i .~')LJ . PATCHIN PSA PROPERTY SETTLEME~T AGREEMENT THIS AGREEMENT, made this 4.-+1,.. day of ~ VoJ""C- 1999, Is by and between: HARRY V. PATCHIN, an adult individual who maintains offices at 407 South 32nd Street in Camp Hill, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and CHERYL LYNN PATCHIN, an adult individual who resides at 527 Devon Road, Camp Hill, Cumberland County, Pennsylvania, party of the second part, hereinafter raferred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 August 1981 and are the parents of one minor child: Harry Alexander Patchin, born 30 March 1992 (hereinafter referred to as "child"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has inltiatad an action in divorce filed to No. 94-7225 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by James A Miller, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their child and for their rights and responsibilities In and toward such child, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full " '. PATCHIN P!:A and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter. and for other good' and valuable considerations, and intending to be legally bound and to legally bind their heirs. successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. Legal custody of the parties' child, as that term is defined by the Joint Custody and Grandparents Visitation Act, and 23 Pa. C.S.A. Chapter 53, Custody, et seq. shall be shared between the parties hereto, Including but not limited to decisions relating to the child and his education, religion, health and health care, and general welfare. The parties agree to cooperate with each other fully In making all such decisions about the child. In the event an emergency arises whereby the custodial parent at that particular time Is required to render a decision which relates to this legal custody provision, that parent shall have the right to do so on behalf of both parents. However, as soon as Is practicable thereafter, said decision-making parent shall contact the other and apprise him or her of the circumstances and seek his or her consult related thereto. 2. The Custody Agreement has been filed 8 march, 1995, in Cumberland County, Docket No.: 94-7225. Primary physical custody of the minor child shall be and remain with Wife from and after the dale of this agreement, so long as the circumstances as they now exist remain unchanged and so long as such custody will be for the benefit and In the best Interests of such child. The parties agree that Husband shall have and enjoy such periods of visitation and temporary custody as the parties may agree and the parties agree to cooperate In scheduling and arranging such visitation and temporary custody. In the event that the parties cannot agree, the visitation and temporary custody shall be as determined by the court of appropriate jurisdiction. 2 PATCHIN PSA 3. Husband shall pay to Wife, for the support and maintenance of the parties' son, the sum of Two Thousand ($2,000.00) Dollars per month, which shall be treated by both parties as child support and not as alimony or spousal support. The child support to be paid by Husband pursuant to this agreement shall not be subject to modification for any reason prior to December 31, 2000. Commencing at that time and thereafter, the amount of child support may be modified as follows: A. If Wife's gross Income, from all sources, averaged over a three year period which period shall commence on1 January 1998, increases or decreases by more than thirty (30%) percent over or under the gross income from all sources shown on her 1997 federal income tax return, Husband's child support hereunder may be increased or decreased in accordance with subparagraph C hereof, B. If Husband's gross income, from all sources, averaged over a three year period which period shall commence on 1 January 199B, increases or decreases by more than thirty (30%) percent over or under the gross income from all sources shown on his 1997 federal income tax return, Husband's child support hereunder may be Increased or decreased in accordance with subparagraph C hereof, C. In the event of an increase or decrease in either or both of the parties' income as determined in accordance with sub-paragraphs A and B hereof, Husband's obligation to pay child support 10 Wife shall be modifies so that he shall pay support thereafter in the same proportion of his gross income from all sources as the support provided under this agreement is in proportion to his gross Income from all sources as reported on his 1997 federal income tax return, D. In the event that llither party believes they are entitled to a modification of the child support payments due under this paragraph. they shall notify the other party in writing and the parties shall attempt to negotiate and agree upon any modification that may be in order. In the event that the parties g ., PATCfllN PSA cannot agrae upon a modification, either party shall be free to petlllon the Court of Common Pleas of Cumberland County and to commence a child support action there for the court to determine the appropriate amount of child support due under this agreement. The parties agree, however, that the child support to be calculated by the court shall be in strict accordance with the terms and provisions of this agreement and the parties shall not be bound by the support law of Pennsylvania otherwise In effect at the time of such proceeding. Payments of child support by Husband pursuant to this paragraph shall be made directly to Wife and shGl1 be due on or before the first (1 st) day of each month, commencing with the first month following the date of this agreement and continuing on the same day of each and every month thereafter as long as Husband is obligated to pay support under this agreement. Husband shall continue such support payments, whether or not modified, until the minor child turns 18 years old, graduates from high school. or at the end of the summer following the minor child's graduation from high school. whichever shall last occur. 4. In addition to the support payments provided for herein, Husband shall provide, at his own expense, Pennsylvania Blue Cross and Blue Shield medical and hospitalization Insurance for the child, or its reasonable equivalent, as long as he Is obligated to make support payments hereunder. In the event that comparable insurance for the child becomes available to Wife through her employment which is more financially attractive than Husband's policy, Husband agrees to pay the monthly premium to have Wife carry child on her policy In addition to the support agreed to within this agreement. In addition, the parties will divide between them all unrelmbursed medical, dental and other healthcare expenses incurred by either of them or anyone else for the child by husband paying 50% and Wife paying 50%' of such unrelmbursed expenses. 4 PATCHIW P!:A 5, The parties acknowledge that their son will probably desire formal education beyond high school and the parties agree that they will contribute to the payment of the expense of such formal education as follows: A. Husband 5hall pay the tuition of the school the son attends limited to such amount equivalent to the amount of tuition for a full.time, Pennsylvania resident student attending Pennsylvania State University Main Campus at the time the tuition is due. If the child resides primarily with Mother during school, then Mother from time to time, provided such requests are reasonable, may request Father to provide evidence of payment. S, All other expenses, including tuition beyond the payments made by Husband pursuant to sub-paragraph A hereof, housing, food, books, travel, and the like, shall be divided equally between the parties, Wherever the child calls "home," then that parent shall be responsible to maintain records of such expenses and tha other parent shall pay his or her portion of those expenses to Wife or Husband within twenty (20) days of the time she or he submits a request for payment and documentation to reasonably support such request. C, The obligation of both parents to contribute to the costs of formal education as provided for herein shall apply to any formal education following high school whether at a college, trade school, art school, or similar institution provided, however, that such payments shall be limited to the time reasonably required for the son to obtain an undergraduate degree or its reasonable . equivalent in whatever field of study he pursues, 6, Husband agrees that he shall obtain insurance on his life paying a death benefit of at least $250,000,00 and name the parties' child as the sole and exclusive beneficiary of such policy, Further, Husband agrees that he shall pay all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the child as the sole and exclusive beneficiary, until the child 5 PATCHIN PSA allalns the age of twenty-three (23) years. Further, Husband agrees that he shall provide proof to Wife, at least annually, of the continuation of such insurance in compliance with this paragraph. Further. Husband agrees that he $hall designate a trust to receive the benefits of such insurance until such time as the r;:hild allains the age of twenty-three (23) years. shall name Wife and her father, Louis Kardos, as co-trustees, and Wife's brother, John Kardos, as an alternate in the event that Wife or her father ceases to serve as co-trustee, and shall provide an executed copy of the trust agreement provided in this paragraph to Wife within ninety (90) days of the date of this agreement. 7. Wife agrees that she shall obtain insurance on her life paying a death benefit of at least $100,000.00 and name the parties' child as the sole and exclusive beneficiary of such policy. Further, Wife agrees that she shall pay all premiums and take all actions necessary to maintain such insurance, without reduction in the death benefit, and continuing the child as the sole and exclusive beneficiary, until the child allains the age of twenty-three (23) years. Further, Wife agrees that she shall provide proof to Husband, at least annually, of the continuation of such insurance in compliance with this paragraph. Further, Wife agrees that she shall designate a trust to receive the benefits of such insurance until such time as the child allains the age of twenty-three (23) years, shall name Husband and Wife's father, Louis Kardos, as co-trustees, and Wife's brother, John Kardos, as an alternate in the event that Husband or her father ceases to serve as co-trustee, and shall provide an executed copy of the trust agreement provided in this paragraph to HusbanrJ within (90) days of the date of this agreement. 8. Husband covenants and agrees to convey to Wife, as her sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 527 Devon Road, Camp Hill, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Ag~eemenl, Husband represents that he has, as of the date of this Agreement, executed, acknowledged, and delivered to his attorney, a deed 6 . PAWIIN PSA to said real estate, conveying the same as above described to Wife, and agrees that said dead shall be held in escrow by his attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Husband's attorney shall. without fur1her direction or authorization from Husband, deliver the said deed to Wife's attorney or such other person as Wife may designate, so that the deed can be recorded at or shortly before the time of entry of a final decree in divorce. 9. Wife shall be responsible to pay, in accordance with their terms and provisions, the debts owed to PNC Bank which are secured by a first mortgage against the residence at 527 Devon Road and a home equity loan with Pennsylvania National Bank against the same residence. Further, Wife shall indemnify and save harmless Husband from any and all loss, cost. or expense caused to him by her failure to make payment of such debts in strict accordance with their terms and provisions. 10. Wife covenants and agrees to convey to Husband, as t,is sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 407 South 32nd Street, Camp Hill, Pennsylvania, subject, however, to all liens, encumbrances, easements, and restrictions presently existing th'greon. In furtherance of this Agreement, Wife represents that she has, as of the date of this Agreement, executed, acknowledged, and delivered to her attorney, a deed to said real estate, conveying the same as above described to Husband, and agrees that said deed shall be held in escrow by her attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Wife's attorney shall, without further direction or authorization from Wife, deliver the said deed to Husband's attorney or such other person as Husband may designate, so that the deed can be recorded at or shortly before the time of entry of a final decree in.divorce. 7 PATCflltJ P5:A 11. Husband shall be responsible to pay all debts arising out of the property at 407 South 32nd Street In Camp HIli, including the balance of the debt owed to W. Patrick Dohoney for Husband's purchase of the property from him, and a business debt or personal loan owed by Husband to the said W. Patrick Dohoney for Husband's purchase of a dental practice and related assets from Dohoney. Further, Husband shall indemnify and save harmless Wife from any and all loss, cost, or expense caused to her by his failure to make payment of such debts in strict accordance with their terms and provisions. 12. The parties acknowledge that Husband owns a dental practice and business, which consists of office equipment, dental and medical equipment. accounts receivable. cash, goodwill, and various other assets, and which has various debts and Iiabilitie.s. Wife hereby waives and releases any and all claim to Husband's interest in said practice and hereby confirms Husband to be the sole and exclusive owner of such practice and its various assets. In consideration therefor, Husband agrees he shall pay and satisfy any and all debts and obligations of the practice, or of his arising out of his ownership or operation of the said practice, and that he will, further, indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to make full and timely payment and satisfaction of such debts and obligations. 13. The parties agree that Wife shall become the owner of the 1994 Volvo 850 automobile. If such vehicle is titled in Husband's name or in joint names, Husband shall make, execute, acknowledge and deliver any and all documents necessary to transfer the tille to Wife. Husbt'nd does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle. If the title to the said vehicle is encumbered by any debt or obligation, Wife agrees that she shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to make payment of such debt. '6 PATCHIN PSA 14, The parties agree that Husband shall become the owner of the 1986 Jaguar XJ6 automobile. If such vehicle is titled in Wife's name or In Joint names, Wife shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to Husband. Wife does hereby waive, release, and relinquish any and all claim to or interast in said motor vehicle. If the title to the said Vdhlcle is encumbered by any debt or obligation, Husband agrees that he shall be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall Indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to make payment of such debt. 15. Husband does hereby grant, convey, transfer, assign, and deliver and set-over unto Wife the following assets. which said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interc::;t of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property befere' A. Wife's interest in her IBM tax-deferred savings plan; B. Wife's individual retirement account with the AMCAP Fund; C, Any pension or retirement plan Wife has by virtue of her employment or former employment by IBM; D. Wife's stock In IBM, which consists of approximately 400 shares; E. Wife's accounts with the IBM Federal Credit Union (Account No. 11245-00 and 11245-13; and F, All items of jewelry. furs, and other items of personal adornment in Wife's possession. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or Interest In said assets, which shall be and remain the sole and separate proper1y of Wife hereafter. 9 PATCHI~ P!:A 16, Wife does hereby grant. convey, transfer, assign, and deliver and set-over unto Husband the following assets, which said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property before: A. Stock portfolio with Infinity Investmel"t Advisors; B. Limited term municipal fund with Infinity Investment Advisors; C. Oppenheimer Pennsylvania Tax Exempt Fund A; I D. Husband's interest in profit-sharing plan operated by his dental practice; E. Husband's IRA with Infinity Investment Advisors; F. Husband's IRA with Smith Barney; G. Husband's account with Pennsylvania National Bank (Account No. 2400266); and H. Cash value of Husband's life insurance policy with Massachusetts Mutual Insurance Company. And further, Wife does hereby waive. release, relinquish, and surrender forever any and all claim to or Interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. 17. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, hOlJsehold furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and , after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an aSSignment or receipt from each party to the other for such property as may be in the 10 . " PATCllltJ Pl:A individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneolls with the date of the execution of this Agreement. 18. The parties acknowledge that they are aware of the Income, education, income potential. and assets and holdings of the other or have had full and ample opportunity to become familiar with such ilems. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contriblJtion from the other , beyond that as provided for in this Property Settlement Agreement, upon the Income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereundor in lieu of any and all furthel' rights to support or alimony for them self, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 19. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this cou.rt or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now It r " PATCWN PSA currently in the possession or held in the name of the other, It being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 20. Except as herein otherwise provided. each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share In the property or the estate of the other as a result of the marital relationship. including. without limitation. the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such Interests, rights, and claims. 21. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done. omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12 . PATCI-/IIJ PSA 22. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have Incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separalion. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 23. Both of the parties hereto represent to the othl!r that they have made f'JII disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial infol mation from the other. Each of the parties r<ipresents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. 24. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall. contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full salisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. Ig , , PATCJ.lIN PSA 25. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in lew or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commencF,ld by one of the parties and the other party Is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement. shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 26. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania. 27, If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 28, The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the pllrtles hereto have set their hands and seals the day and year first above written. Witness a~iJ( HARRY V. PATCHIN 8h~ (I~/i ~:r~ H*~ - CH RY LYN PATCHIN 14. Hlrry V. Pltchln, Plllntlff S8i 208-48.1732 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA V. NO. 94-7224 Civil CIVIL ACTION. LAW IN DIVORCE n . ., 1.,') ,": ...n II ) . "\11 .. I :.1)1 /) , :1 '1 I \1 I '.) .' 1(1 , :1") I ;1: " , :( , I " ''1 ! .j ,,-, '. ..~ Cheryl Lynn Patchin, Defendant S8i 177-48-5801 AFFIDAVIT OF CONSENT i. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28, 1994, and service was obtained upon the defendant by United States First Class Mall, return receipt request numbltr P 645604661 on January 3, 1995. 2, The marriage of the Plaintiff and Defendant Is Irretrievably broken and ninety (90) days have elapsed fr;)m the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of Intention to request entry of the decrlle. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list Is available to me upon request. I:!eing so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.g.A. Section 4904, relating to unsworn falsification to authorities. Date: J.lJhf ~rlctd QY-tffl~ Cheryl L nn P chin