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Home My WebLink About95-01391 * ~ ~I ~I ? ..- ; : " '. . ,. ., " ,...............,.,..,..,. . .~~.' '~.. ..... ..... ..... ..... .. .. .... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ~ ..~ ,', ~ ~ ~ .'~ ~ ..' ~ '.' 8 ~ ~ ", ,,~ ~ ,"- ~ ~ ~ ..' ,', ~ ~ '" , . .~~~~~-*~~-~-~---~~*~y~~:~;:_.._~'-~~~ ~I --- - ~ 8 ,', ~ s IN THE COURT OF COMMON PLEAS ~ ,', ~ ,"- ~ ,', ~ ~ '.' OF CUMBERLAND COUNTY If' STATE OF . PENNA, ~ ~~ ~ ,? ~ ~ '.' ~ ~ ',' ~ ~ ~ ~ ',' .. MARGARET..$ .. .~RM$TRONG . ~ 'i I N o. ..".....~P(U................ 19 ~ Plaintiff.. ~ '.' ~l '." Vel'.:H1S ,', ~ ,"- ~ ~.~ ~ ~ !~ ~.~ ~ ~ ',' , GARLR, AIUISTRONG. ~ '.' Defendant ,'. ~ o' ~ ',' * DECREE IN 11 D I V 0 R C ~ it 3 ~ 2.1.( rPl .. {(P,.. . .... '. 19 ~., ", it is ordered and decreed that,., ., .. , . . ,M!'.R.G.A.R,E.T. .s.'. .,\~s.T.~o.~~ . . . , ... .... .. . . . ., plaintiff. and...........,....... ,9~1,l.Y.1,l., .~~~T1,l.<'>~C;;......... 0........... defendant, are divorced from the bonds of matrimony, ~ .'~ i ~.' ~ v ',' ,,~ ~ ~ '? ~ '.' ~ ", ~ ~ ~.~ Q ~~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ,', ~ ~ '.' ~ . . .. .. . . .. 0' . ., . .. . ~~.r.i.t~.l. .S.e.t.t.l.e!".e.n.t. !,.g.r.eoe.m.e.n.t. .d,a.t,e.d, .~e.b.r.~~r.:>: ,l.~.. .l.~~.~~ , . . . . . . . . . . . . . . . . .. incorp"rat.ed. her.am b.y. .r.af.e.r.e.nc.e... . . . . . . . . . , , . . . . . . . . . . . ~ '.' * ~ '.' * ~ J. ~ ~ '.' ~ :!l .~ .:+:. .:.:. .:+;. ':$:' .:+;. .:+;. .:.:. .:.:. .:+:. ,:.:.' ..J.1?f1fl a./~ ~-d,a5 ~~ ,3"f)'f'f' ~ ~,j-~ 4.,)~~ . '. ..f) ~ t 3 {, ) v R 1- cf) on -4! 0 "R $ " en ~~ &1 - r:J l.{) :II:: _t ; .- n a.. ~~~::. ~yl .:J ((') .!1 @ N (,1 t) I.() 1.0 0 :>- _I..~.." .." 0 C6 1.0 ~-::. c.. t() . ::r- r ".:;- ..I; ~1 0" (il ~ .. c: r<> u In r- - tIJ= '4 ;;q r6 ~.J' .:.. .. . ,,;.... ~ "" ;:: ~::~ ::i:! :;;f:, 'Xl -rJ j ~ ~ .... I z ~ I 0 !~~~ I~ CI)~E .... ~jlll~!:l ii: ~2l I o~~...~ i!!i ; ~ :: . I CI)~~i~ 1Il ~ ~ ~. G !U~i I , ~~ > . c: ~<~ ~ i!!i (J~i!!i .~ .: ..... . .' I; .' .' . . . L '. MARGARET S. ARMSTRONG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACfION . LAW : I~,q I : NO. 95- CIVIL TERM : IN DIVORCE V. GARY R. ARMSTRONG, Defendant COMPLAINT UNDER SECfION 3301(c) or 330l(d) OF THE DIVORCE CODE COUNT I . DIVORCE 1. Plaintiff is MARGARET S. ARMSTRONG, who currently resides at 20 Hey Drive, Shippensburg, Hopewell Township, Cumberland County, Pennsylvania. 2, Defendant is GARY R. ARMSTRONG, who currently resides at 20 Hey Drive, Shippensburg, Hopewell Township, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4, Plaintiff and Defendant were married on July 24, 1976, in Petersburg, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff prays Your Honorable Court to enter a Decree divorcing Plaintiff from the Defendant. COUNT II.. FAULT DIVORCE 9. Paragraphs 1 through 8 are incorporated herein by reference. 10, There is no collusion between Plaintiff and Defendant in this action. 11. The Defendant is not a member of the armed forces of the United States. 12. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. WHEREFORE, Plaintiff prays Your Honorable Court to enter a Decree divorcing Plaintiff from the Defendant. COUNT III .. EOUlTABLE DISTRIBUTION 13. Paragraphs 1 through 8 are incorporated herein by reference. 14. During the course of the marriage, Plaintiff and Defendant acquired property, both real and personal. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of their property. WHEREFORE, Plaintiff requests Your Honorable Court to equitably divide all marital property. COUNT IV.. ALIMONY 16. Paragraphs 1 through 8 are incorporated herein by reference. 17. Plaintiff lacks sufficient property and income to provide for her reasonable needs through her employment. 18. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of alimony in her favor. COUNT V .. ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 19, Paragraphs 1 through 8 are incorporated herein by reference. 20. Plaintiff has employed counsel, but it is a hardship for Plaintiff to pay the necessary and reasonable attorney's fees for said counsel. 21. Plaintiff is unable to sustain herself during the course of this litigation. 22. This litigation is expected to involve costs for appraisals and evaluations which would be a hardship for Plaintiff to pay, but which Defendant is capable of paying. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of alimony pendente, lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate, ANDREWS & JOHNSON By: ylo P. J\ C1rews, Esq. Atto eys for Plaintiff . Pomfret Street Carlisle, PA 17013 (717) 243-0123 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. Date: -, it <ll.<L /7,. 1'7 '1 r 7/;a.~ .a~ Maret S. Armstrong, PlalOtlf v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARGARET S, ARMSTRONG, Plaintiff GARY R, ARMSTRONG, Defendant NO. 95-1391 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, March 17, 1995, I mailed a copy of Plaintiff's Complaint in Divorce to the following person at the following address by U,S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Mr. Gary R, Armstrong 20 Hey Drive Shippensburg, PA 17257 f],.~")I<;\~r~~.';w'~tt"::';"": ~ ~ '. -" F>~'"if'9'J'f:i;~"~;" " > '. t "' ~li~CilltPloto~ 1 ..;., 2';;' .ddltlonol..,.k.., . "fl~,pc.mjl""._ 3, II1d 4a. b. '. ~ ~..!/ f'fff'l ~ """' Iftd Iddml on the ~.. o' thlt fonn 10 thll 'IIf' un i;, ,ll.""" IN..... ,. you. 1(':. ~,. "Antdi 1hIt form to the front ", the m.UP'eCl, or on tM back If 'Plc. !':;, ....not~.. . itl~':{Wrtt.r"",,", R.....IqUlI.tld.~Dn the mIIIpiecI below the IfticIt numbtf. ,~;'9~~~,R.~n,~'~.t, ~~, ~WICf.~~ the IrUdtW'~;~*,d and thI dati Co ~,'~.I~;".,..~.,,";''''nI...~.la..,. dd.....ed.t.Ol . 4e, ArtiCle. . "';""." I ~'j.o,'~(i'Mri""'ii.\Gary'." R ',,--,--,- u,,),P413 563 313 " I' ~'\ '~l:tJ;.~ .~ "..0 .n.IdU~::t\....uuq, ~ ,iJi .~1T20. ~~.Drive .' i 40b'R~~tle"!..!Ype Oln.uled ;. : er 'r?t"-r'~~,'- ',,0 ,...... ICU '0 \ !;\ '~.~~I.lurq, PA . 17257 ',; 0 Carllfllld . 0 COD ';,J'! :" :;,f!i""\y;;",',,, 0 Exp.... "'ell 0 Rllum Receipt '0': ~!; t~;J{~O:~'~ -,.~.:(~-",;. 7. Date afD 1I~'ry.:, ,>:y/lj ':{. ii.\ ~ r r;'il: :~ ~A}~I,!,,,,r.,,,, 8'::',:'1. ~a~~d...t!on'!("~~~~':;!;l{ ~rjii~it~~~~~~~;, . " . . '~'f!;(.)j~~~;~~ ~..i~~~[!!1:,;';'i't&~~:l~~~ .v.a._'__714 DOMESTlC,.RETURNi~~&~fi~f , , r P 413 563 313 ~ Rsceipt for Certified Mall __ No Insurance Coverage Provided ~arA==\ 00 nol use for International Mail (See Reverso) 580\.\.0 Mr. Gary R. Armstrong '''''Il(f'Ji' . .t. Hey Dr~ve p 0 S~lal" end lIP C9d" n~ppenSDurg, PA 17257 Poll.glll f r-~S:- " Ctfl,hed fH (,10 SPKIaI Oel.....'v r.e "."helltd 0eI1V41fV Fee .:? 7-S- - Aeturn "<<elCll Stlo\IW'WJ '" 1./0 '" ttI Whom . O.t" Oehvflfl'd - ! ""lum "Kelp' ShoWIng 10 Whom, ~ Celli, end Add",,"', Addl." ., fOrAl PolleQlf $5". .50 g arHI ~ Postmatk 0' Date E MAR 1 ., 1995 l5 "- Ie e C~ Cl ~:; " ~ I "t:l(lJ .~~ ,:n ~gl :,0 -. , "r' Vj~ I ,1' T1 I~ :'+' ::-n ~i~~J ::z: . ';:ii .;.C) 0') (jl'n - .. --, :j r:- ~ . - .::- i*~tJ';.o,", .'~""''''tl''''''~~~ '/!<<'1l~RBWS ~JOHNSO~~,,,,, ,:1.0' -w tPomfretStreet . - , .,l:r::;::_,t?/:~~;,._.~_,.<_- _ .. " ',-'" _'.,;___:';:_.,~:,~:'"c ..0.0, .' .OirUIle,PA11l1l3.....,."., ~~~;i;~~~~;;~t~i1it>:l}:'.t~',',;_::'-r~',.ctifi\-' ~..tU\t23':~;-;::f;:~,.,.~':j{~;i.::5(!~~, ,~,~<<;ti~'~"''.f'-/i,.""..,. ~'-'lo," ..,..",'t..~, '.' ,'.. ....- :- ~"I'..';'_""_"''',v :r."::"""J'.'r':\:.",'~'_'"" ':.J:::,:, -.{"~_.';.' :"",':, .! \'.~'.'<,".i- "c' "'_ .._.,."."".-,.,_"'....;':i ';-, " '~, ',_ -: >:<' :":'~::.., , MARGARET S. ARMSTRONG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW GARY R. ARMSTRONG, Defendant : NO. 95-1391 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 17, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: j~. 15'"1 1915 . ,.. (') lJ) Q '':: u:l oil ~: ~ .:;J "UU! ;\';:01 ".; ::D "Ir' ;..;} ;::;.::.; I -;h; ''"'C:' :.)? fjj" : N :$". /')('"-, !:,"_i~j "". :;:1-,-, ~~C) .~ ""', == '~(") ;;~~C;; '?' (Jrn ~t;; -, ~ C" ?5 J:" ...; (') V) 0 C t.O -q :;c-: :r: -, "T)(j; :"';'1.to ,. (011" ~.., , . ~ -;-, ~"::.}.' , 'r'::; I . ,r~l ;;::C. ':"::J u,~< l\,j 'Jt, 2{j -I _ :e J^".r. '., ~~.?(~ ......:C) -~ "~n '?? ijln PC:': . r:- :r:-J ~ ~J .r.- -<: "'-.. ~ .... -......, I I I I i ::: > ~ " ;t:a;: ~ I"'...oo>~ >,t;l~I'I:l,< >e=rr.>o~ .. 00'" '" " ::: - 2 ~ ... Z .~ :ll;.!!!:o:",t"" -.a . ... _ ~ ~ - -. 'L tIl UI:::!"'~>> ~-.af'l'l -'2 .....-2~.., B:"'Z:a!"'C: ~~?"~~~ ~ ~ ~ . ~ =!!j ~ Z '" .. . (") U'"i 0 C' \.i:> , .- :J -U.:~ -. )'... .. DH" ;-J 1 , ..~..l , , ~:: I~" , , U}.: "-' , 0' ~"" . : ':, r.:.; . 2:; .,~ r ....-' , \'," ...1: C', ~, .coO( 'J ..<".:, , ':Jf il ;;.> L 9? J :;.j '~ "" :-rJ .. ,r;- -~ """''l:;.. 1-... _.: -'" I I f I f ~ 3: > -l~ " roI...- _ :00: ... . >,~~l;:S~ 1:'="'gOrol QW !I"I_ ::;"" zC'l ::;r.'!!l:O:!:11"" - '::i. z tt: rI'.l ~::;"'D~>> ~-~!!/.;z Ui~".....= tltN?" >- ....:,-~~~ ="~ !:l !!i :00: - Z en G '0 C. '0 0 '-.:f' :!: " (!J(i .1_ ,;1 :iJ,::: '1) ,,::>'1 , ,- (0"" . ' Jl71 '0>) '2 [~C; I. ;::,. ~.:-~ (-) ~ ~: t~" 1.-1 ;: toO; - ,pJ .a(") ,.j"<...- ~ i-.on1 ~ -~ "" ,'"' ;--:. .::- :n -< . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Mesler Tracl .10 Colver Office ManagerlReporler We.t Shore 697-0371 Ext. 6535 June 16, 1997 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 Jerry A. Weigle, Esquire MARK, WEIGLE & PERKINS 126 East King Street Shippensburg, PA 17257 RE: Margaret S. Armstrong vs. Gary R. Armstrong No. 95 - 1391 Civil In Divorce Dear Mr. Andrews and Mr. Weigle: By order of Court of President Judge Harold E. Sheely dated June 9, 1997, the full-time Master has been appointed in the above referenced divorce proceedings A divorce complaint was filed on March 17, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The motion for appointment of Master indicates that the parties have been separated for a period in excess of two years; however, no affidavit under Section 3301(d) has been filed. I am going to proceed on the assumption that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or counsel will file an affidavit under Section 3301(d) averring the two year separation. The complaint also raised the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Friday, July 11, 1997. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to . Mr. Andrews and Mr. Weigle, Attorneys at Law 16 June 1997 Page 2 discuss the issues and, if necessary, schedule a hearing. Very truly yours, , i l: . i' I i . i E. Robert Elicker, II Divorce Master NOTE I 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. / OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 I, E. Robert Elicker, II Divorce Master Tracl ",0 Colver OIllee ManagerlReporter We.' Shore 697-0371 Ex'. 6535 July 7, 1997 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 7B West Pomfret street Carlisle, PA 17013 Jerry A. Weigle, Esquire MARK, WEIGLE & PERKINS 126 East King Street Shippensburg, PA 17257 REI Margaret S. Armstrong vs. Gary R. Armstrong No. 95 - 1391 civil In Divorce Dear Mr. Andrews and Mr. Weiglel I am writing in response to Mr. Weigle's letter of July 1, 1997, requesting additional time to file a pre-trial statement. Mr. Andrews, according to Mr. Weigle's letter, does not oppose the request. Consequently, the directive to file pre-trial statements on or before Friday, July 11, 1997, is withdrawn. Counsel are directed to each file a pre-trial statement on or before Monday, August 11, 1997, in accordance with P.R.C.P. 1920.33(b). Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE I 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. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tr.cl .10 Colver OItlee ManageriReportar We.t Shore 697-0371 Ex!. 6535 August 13, 1997 Taylor P. Andrews, Esquire ANDREWS & JOHNSON 78 West Pomfret street Carlisle, PA 1 7013 Jerry A. Weigle, Esquire MARK, WEIGLE & PERKINS 126 East King street Shippensburg, PA 17257 ReI Margaret S. Armstong vs. Gary R. Armstrong No. 95 - 1391 civil In Divorce Dear Mr. Andrews and Mr. Weigle: I am writing in response to Mr. Weigle's letter of August 11, 1997, advising that the parties are close to settlement and requesting additional time to file pre-trial statements, if necessary. Consequently, I am withdrawing the directive to file pre-trial statements on or before August 11, 1997. Counsel are directed in accordance with P.R.C.P. 1920.33(b) to file pre-trial statements on or before Friday, September 19, 1997. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE I Sanctions for failure to file the pre-trial statements is 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. ANDREWS & JOHNSON Attorneys at Law 78 W. Pomfret Street Carlisle, PA 17013-3216 TAYLOR P. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 March 3, 1999 Robert E. Elicker, 11. Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Armstrong vs. Armstrong Dear Master Elicker: Enclosed please find two copies of a Marital Settlement Agreement executed by the above captioned parties. Please be further advised that the original has been filed of record along with the Affidavit of Consent and the Waiver of Notice. I would request at this time that you file the necessary documents to vacate your appointment as Master in this matter. Thank you for your attention to this matter. Sincerely, ANDREWS & JOHNSON Sh~\ ~\ ~x-h t'--'~..z Taylor P. Ai'lthlews TPA:ss MARGARET S. ARMSTRONG, Plaintiff VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1391 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE GARY R. ARMSTRONG, Defendant ORDER~COURT AND NOW, this , ( dsy of economic claims raised in the proceedings 1999, the een resolved in accordance with a marital settlement agreement dated February 15, 1999, the appointment of the Master is vacated. By the Court, . J. co: Taylor P. Andrews Attorney for Plaintiff Jerry A. Weigle Attorney for Defendant " "" (3/1;)../'1'1. - ~ r"<UX11 ...J. ~ . .. ., v, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW MARGARET S, ARMSTRONG, Plaintiff GARY R. ARMSTRONG, Defendant : NO. 95- 1391 CIVIL TERM : IN DIVORCE MARITAL SE'ITLEMENT AGREEMENT AGREEMENT, made this / s:: day of r; brv4 ry 1999, between Margaret S, I Annstrong (hereinafter called "Wue") and Gary R. Annstrong (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wue and Husband, having been married on July 24, 1976, at Petersburg, VA. There were two children born of this marriage: Virginia E. Armstrong, born May 8, 1981 Daniel S. Annstrong, born May 13,1984 Diverse unhappy differences. disputes and difficulties have arisen between the parties and . it is the intention ofWue and Husband to live separate and apart for the rest of their natura1lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other. including without limitation: (I) the settling of all matters between them relating to the ownership ofrea1 and personal property; (2) the settling ofall matters between them relating to the past, present and future support and/or maintl'!lUlnce ofWue by Husband and of Husband by Wue; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 . ,Lll.',~~";"'._" . ....... '~".' ....-,:l:i't!~ .-..~..t.". .. NOW mEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each ofthc parties hereto, Wile and Husband, each intending to be legally bound hereby, covenant and agree os follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by Wld between the parties hereto Wld each of the said parties does hereby warrWlt and represent to the other that the execution Wld delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing confn;np4 in this Agreement sha1l prevent or preclude either of the parties hereto from col11Tl1M1r.ing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise. upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or sha1l be instituted by the other party, or from making any just or proper defense thereto. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Taylor P. Andrews, Esquire, for Wile, and Jerry A.. Weigle, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel ofher or his selection and that each fully understands the filets and has been fu11y infonned os to her or his legal rights and obligations and each party acknowledges and 2 '0 possession of Wife shall be the sole and separate propcrty ofWlfc. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 5, REAL PROPERTY As part of the equitable distribution of marital property hereafter set forth Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the unimproved real estate situated and loeated adjacent to the former marital home in Hopewell Township, From the date of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, dOl1lllges or other expenses incurred in connection with said pI"'ml""", and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. 6. DMSION OF MARITAL PROPERTY Husband and Wife agree that Schedule A attached hereto represents a fuir and complete statement of their marital property. Each acknowledges that the stated value of specific assets may have inereased or decreased from the date of the compilation of Schedule A, but that the parties accept the stated values as fair and acceptable on order to achieve closure and avoid the delay and expense from continuing valuation analyses and appraisals. 4 ., ., Husband and Wife also agree that the marital value as stated in Schedule A shall be divided between Husband and Wife so that Wife receives fifty-five (55%) percent and Husband receives forty-five (45%) of the marital estate. Each agrees to be charged with receipt of the marital asset listed under hislher nome, Husband and Wife agree that the marital estate shall be divided as stated above by the transfer from Husband to Wife of$154,307 of value in Husband's TIAA-CREFF account to Wife's TIM-CREFF account or to a new account in the name of Wife. This transfer shall be made by a qualified order so that the assets maintain their sheltered status for Wife after the transfer, Wife's attorney sholl be responsible for drafting the nece~~'''y petitions, orders, and forms to accomplish this transfer. By his signature to this agreement Husband warrants that there is at 1~ $154,307 in his TIAA-CREFF account that can be transferred to Wife, Husband and Wife shall each be free to contro~ own. possess, and deal with the intR'1gible personal property listed under hisIher nome on Schedule A as his or her individually oWDcd property without any claims of or by the other party to this agreement. 7. SUPPORT Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, or spousal support. It sholl be from the date of this Agreement the sole responsibility of each of the respective parties to sustain tl1emselves without -lrU,g any spousal support from the other party. Wife agrees to withdraw the appeal she filed to the most recent determination of spousal support, which appeal is still P"""ing Court action by the Cumberland County CoDDDOn Pleas Court. 5 8. EDUCATION EXPENSES Husband and Wife agree to contribute to the post secondary education expenses of each of their children as follows. The actual expenses, including tuition, room and board in school housing or in an off-campus residence (other than the residence of Husband or Wife), fees, and, books, after taking into account (1) all grants and scholarships (not loans) benefiting each child, (2) any tuition credit or payment benefits from Husband or Wife's employer, and (3) the financial resources already set aside for education expenses as set forth below, shall be divided between Husband and Wife in proportion to their gross income as reported to the IRS for the previous year (e.g. 1999.2000 expenses divided in proportion to parties' 1998 ineomes). The actual expenses to be paid by Husband and Wife shall not exceed the charges at a College/University in the System of Higher Education for Pennsylvania, and also shall not exceed $12,000 in any one year per child. Financial resources have already been set aside for the education expenses for each child. Each child's financial reserves shall be considcred the calculation of the parents' responsibilities as follows: The funds set aside for each child shall be divided by the number of years that the student's educational program projects for completion, and the resources shall be applied evenly over the course of the program of study (e.g., one-quarter [1/4] oCavailable resources shall be applied per year for a four-year undergraduate course of study). As of January 1999 the amount set aside for each child was as follows: Virginia E. Armstrong $19,751.96, Daniel S. Armstrong $23,700.94. 6 . -.":~"~"" " Neither Husband nor Wlfe shal1 have any obligation for educatiOD expenses under this agreement for education after a bachelors degree. Husband and Wife intend that this part of this agrccmeot shal1 benefit each of their children. and C8ch child shall, therefore, have stan<ling to enforce the obligations crC8ted hcrein. Husband and Wife shall also each retain standing to enforce this provision as an integral term of this agreement. 9. LIFE INSURANCE Husband and Wife shall each designate their children as the beneficiaries of no less than $60,000 in life insurance on Husband's and Wife's life. This beneficiary designation shall be maintAinP.d until the youngest child is 25 years of age or until such time that both children have received a bachelors degree. Each party shall provide evidence of compliance with this provision to the other party upon the request ofthc other party, but not more frequently than ..nnnAtly. 10. LlABll.ITIES Each party represents that they have not contracted any debt or liability for the other for c which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnifY or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7 , .. '. 11. LEGAL FEES Each patty agrees to be responsible for his or her own legal fees incurred in this divorce action without any contn"bution from the other party. 12. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right ofWlfe or Husband to a limited or absolute divorce on lawful grounds ifsuch grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 13. DIVORCE ACTION AND ENFORCEMENT A divorce action is pending at the number and in the Court referenced in the caption of this agreement. Each party shall sign an affidavit of consent and a waiver of notice of petition for a divorce decree so that the divorce action may be concluded. This agreement shall be incorpomted into but not merged with the divorce decree. 8 . .. '. The parties do not intend that any provision of this agreement be considered to ]fu1jt the remedies available to either party for the noncompliance of the other party with the terms of this agreement. Reasonable counsel fees shall be recoverable by a party who shall bring an action in law or in equity against the other for the brcach of this agreement if there is a determination that the agreement has been breached. 14. MUTUALRELEASE Wlfe and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for aU purposes whatsoever, of and from any and aU rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof; whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widowets rights, 1iunily exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wue may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, aU rights and agreements and obligations of whatsoever nature arising or whieh may arise under 9 " this Agreement or for the breach of any thereof: It is the intention ofWlfe and Husband to give to cach other by the execution of this Agreement a full, complete and general release with respect to any nod all property of any kind or nature, rea1, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 15. OTHER DOCUMENTATION Wlfe and Husband covenant and agree that they will forthwith (and withio at least fourteen (14) days after demand therefor) execute any and all written iostruments, assignments, ret~'lM. llAti..rnr.Uons, deeds, notes or such other writings as may be nCC("S<:A~ or desirable for the proper effectuation of this Agreement, nod as their respective counsel shal1 mutually agree should be so executed in order to ClIITY out fully and effectually the terms of this Agrccmeot. 16. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, ptlmillistrators, successors or Ju~c:ig1'~. 10 20. HEADINGS Any headings preceding the text of the seveml paragraphs and subparagraphs hereofarc ioserted solely for convenience of reference and sha1l not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 21. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed 22. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wlfe and Husband. as ~~A. Margare . Armstrong 12 . " INVENTORY OF MARITAL PROPERTY GARY R. ARMSTRONG and MARGARET S. ARMSTRONG GARY ARMSTRONG MARGARET ARMSTRONG "- Asset Value Asset Value TIM-CREFF Pensions $331,660 Net Equity In House & lot $62,551 Household Contents $890 TIM-CREFF $112,330 20th Centl!l}' Fund $54,784 Janus IRA $7,000 Traveler 403(8) $44,338 Community Bank $350 - Janus IRA $10,021 Household Contents $8,000 Coleman Camper $1,700 Canoe $400 Janus Mon~ Market $1,629 Janus Money Market $1.500 Honda Motor Cycle $400 Janus Worldwide $1,300 Janus Worldwide $1,300 Strong OpportuniW Fund $1,033 Aerostar Van - 1986 $500 John Deere Lawn Tractor $2,500 Strong Opportunity Fund $1,033 20th Century International $5,000 Reimbursement for VISA payment $750 Janis Stock Fund $3,500 20th Century International $5,000 Cashed Ufe Insurance $6,000 H.J. Meyers stock $20 1989 Mercl!rY Tracer $550 TOTAL $454,025 TOTAL $212,014 M~rgaret's Total ~212 014 TOTAL MARITAL ESTATE $666,039 55% of marital estate $366,321 less amount already_possessed 1J$21~,014) Balancing Payment $154,307 Schedule A ARMSTRNG.XLS 9/21/98 IN THE COURT OF CO~~ION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret S. Armstrong Plaintiff vs. Gary R. ArmstronR NO. 95 -1391 19 MOTION FOR APPOINTMENT OF K~STER' XR2.~~~~ (Defendant), following claims: moves the court to appoint Gary R. ArmstronR a master with respect to the (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente ( X ) ( ) ( ) ( X ) Distribution of Property Support Counsel Fees Costs and Expenses Lite and in support of the motion states: (1) Discovery is complete as to the claims(s) appointment of a master is i~2HPffpd. (2) The BlIlhlllilau (has) ~ltItlClOK appeared in (by heir 1 h~ attorney, Tay or P. Andrews (3) The staturory ground(s) for divorce ~) for which the the action (personally) ,Esquire). (are) two year separation (4) Delete the inapplicable paragraph(s): ~XlWaIQ(kX\ltIllRklllU:IlliX Q60XXlfltIOO\1Ql...-.......IlXIXB~I!UXXJellUX.X~ following claims: (c) The action is contested with respect to the following claims: Divorce, Alimony, Distribution of Property and Costs and Expenses (5) The action ~~~.III1) (does not involve) complex issues of law or fact. (6) The hearing is expected to take one ~k>>~ (da~. (7) Additional information, if any. relevant to the motion: Date: b ), 'if 4ll:1iatn~llf (Defendant) ORDER APPOINTING MASTER AND NOWJU'lll. 9 ,19ll, 1=.-' R~ytT- EI. zrt/l. J is appointed maff~r_w1th re~pect to the following claims: ~ CO CAJo.-... Esquire, ou~ (~I . J . I \ C"1 ..:J ('") C -I -" -0 r>~ ..~- ::1 !:!Jr.'J - ~~ :;, .....~. i I 'r- ;;':,' I :"l en ~ , :,1"''' rs,. ,.?:; ~'. t, ....-\. - t_q ;:;:,:,.- l :Ll f:; '-0 S"? >)rT1 _. ~I - .\.) :g -. '0.1 -, WILl.I,\M II. MARK (\911-1980) JERRY A. WEIC;U: PA VID P. l't:RKINS MARK, WEIGLE AND PERKINS Attorneys-at-Law A..oei.ltI PA VIP C. SCIIANBACIIER JOSEPII P. RI/ANt: 116 EAST KING STRt:ET SIIIPPENSBIIRG. PA 17151-1397 TELEPIIONt: (717) ~1-7J88 OR (717)776-1195 FAX (717) ~1-6551 July I, 1997 E, Robert Elicker, 1\, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Armstrong v, Armstrong NO. 95.1391 Civil In Divorce Dear Bob: I am in receipt of your notification of appointment in the above-captioned malter, which requires the filing of pre-trial statements on or before Friday, July II, 1997. As I will be out of town on vacation from Wednesday July 2 through Tuesday, July IS, I request an additional period of thirty (30) days to file the Defendant's pre-trial statement. For your additional information, counsel are presently involved in serious negotiations which could well resolve the entire case within the extension period requested. The marital residence will also be sold by mid-July so that we will have a firm number on this asset if a conference and hearing became necessary. Taylor Andrews, Esquire, is in complete concurrence with this request. truly yours, , / ( JA W:amk cc: Taylor P. Andrews, Esquire Gary R. Armstrong NOW THEREFORE, in considemtion of the premises and of the mutual promises. covenants and undertakings hereinafter set forth and for other good and valuable l;onsidemtion. receipt of which is hereby acknowledged by each of the parties hereto. Wife and Husband, each intending to be legally bound hereby. covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution. prosecution. defense or for the non-prosecution or non-defense of any action for divorce; provided, however. that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise. upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been. or shall be instituted by the other party, or from making any just or proper defense thereto. 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Taylor P. Andrews, Esquire, for Wife, and Jerry A. Weigle, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and 2 accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, reslmint, interference or lIuthority. direct or indirect, by the other in all respects as fully as jfshe or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit. conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken. however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to. or resulted in, the continuation of their living apart. Wife and Husband shall not molest. harnss. disturb or malign each other or the respective families of each other. nor compel or altemptto compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. TANGIBLE PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have heretofore divided the marital tangible property. including. but without limitation. jewelry. clothes, furniture and other personalty. and hereafter. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and. Husband agrees that all property in the a possession of Wife shall be the sole and separate propcrty of Wife. Each of the parties does hereby specifically waivi:, release, renounce and forever abandon whatever claims, ifany, she or he may have with respect to any of the above items which are the sole and separate property of the other. 5. REAL PROPERTY As part of the equitable distribution of marital property hereafter set forth Husband hereby agrees to convey, transfer and grant to Wife his right. title and interest in the unimproved real estate situated and located adjacent to the former marital home in Hopcwell Township. From the date of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expcnses incurred in connection with said premises. and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. 6. DIVISION OF MARITAL PROPERTY Husband and Wife agree that Schedule A attached hereto represents a fair and complete statement of their marital propcrty. Each acknowledges that the stated value ofspccific assets may have increased or decreased from the date of the compilation of Schedule A, but that the parties accept the stated values as fair and acceptable on order to achieve closure and avoid the delay and expense from continuing valuation analyses and appraisals. .l Husband and Wife also agree that the marital value as stated in Schedule A shall be divided between Husband and Wife so that Wife receives fifty-five (55%) percent and Husband reeeives forty-five (45%) of the marital estate. Each agrees to be charged with reeeipt of the marital asset listed under his/her name. j' :' Husband and Wife agree that the marital estate shall be divided as stated above by the transfer from Husband to Wife ofS154,307 of value in Husband's TlAA-CREFF account to Wife's TIAA-CREFF account or to a new account in the name of Wife. This transfer shall be made by a qualified order so that the assets maintain their sheltered status for Wife after the transfer. Wife's attorney shall be responsible for drafting the necessary petitions, orders, and forms to accomplish this transfer. By his signature to this agreement Husband warrants that there is at least $154,307 in his TIAA-CREFF account that can be transferred to Wife. Husband and Wife shall each be free to control, own. possess, and deal with the intangible i I I I t personal property listed under hislher name on Schedule A as his or her individually owned property without any claims of or by the other party to this agreement. 7. SUPPORT , i I I I i Wife and Husband do hereby waive. release and give up any rights they may respectively have against the other for alimony, or spousal support. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any spousal support from the other party. Wife agrees to withdraw the appeal she filed to the most reeent determination of spousal support, which appeal is still pending Court action by the Cumberland County Common Pleas Court, !i 8. EDUCATION EXPENSES Husband and Wifc agree to contribute to the post secondary education expenses of each of their children as follows. The actual expenses, including tuition, room and board in school housing or in an off-campus residence (other than the residence of Husband or Wife), fees, and books, after taking into account (1) all grants and scholarships (not loans) benefiting each child, (2) any tuition credit or payment benefits from Husband or Wife's employer, and (3) the financial r i i I I i i I I r I , ! i , I I resources already set aside for education expenses as set forth below, shall be divided between Husband and Wife in proportion to their gross income as reported to the IRS for the previous year (e.g. 1999-2000 expenses divided in proportion to parties' 1998 incomes). The actual expenses to be paid by Husband and Wife shall not exceed the charges at a CollegelUniversity in the System of Higher Education for Pennsylvania, and also shall not exceed $12,000 in any one year per child. Financial resources have already been set aside for the education expenses for each child. Each child's financial reserves shall be considered the calculation of the parents' responsibilities as follows: The funds set aside for each child shall be divided by the number of years that thc student's educational program projects for completion, and the resources shall be applied cvenly over the course of the program of study (e.g., one-quarter [1/4] of available resources shall bc applied per year for a four-year undergraduate course of study). As of January 1999 the amount set aside for each child was as follows: Virginia E. Armstrong $19,751.96, Daniel S. Armstrong $23,700.94. 6 Neither Husband nor Wife shall have any obligation for education expenses under this agreement for education after a bachelors degree, Husband and Wife intend that this part of this agreement shall benefit each of their children. and each child shall, therefore, have standing to enforce the obligations created herein. Husband and Wife shall also each retain standing to enforce this provision as an integral term of this agreement. 9. LIFE INSURANCE Husband and Wife shall each designate their children as the beneficiaries of no less than $60,000 in life insurance on Husband's and Wife's life. This beneficiary designation shall be maintained until the youngest child is 25 years of age or until such time that both children have received a bachelors degree. Each party shall provide evidence of compliance with this provision to the other party upon the request of the other party. but not more frequently than annually. 10. LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnifY or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7 I 1. LEGAL FEES Each party agrees to be responsible for his or her own legal fees incurred in this divorce action without any contribution from the other party. 12. NO BAR TO FURTHER PROCEEDINGS This Agreement sha1l not be considered to affect or bar the right of Wifc or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be granted but shall continue in full force and effcct notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of cither party hereto of any act or octs on the part ofthc other party which have occasioned thc disputes or unhappy differences which hovc occurred prior to or which may occur subsequent to the date hereof. 13. DIVORCE ACTION AND ENFORCEMENT A divorce action is pending at the number and in the Court refercnccd in the caption of this agreement. Each party shall sign an affidavit of consent and a waiver of notice of petition for a divorce decree so that the divorce action may be concludcd. This ag".'ement shall be incorporated into but not merged with the divorce decree. II The parties do not intend that any provision of this agreement be considered to limit the remedies available to either party for the noncompliance of the other party with the terms of this agreement. Reasonable counsel fees shall be recoverable by a party who shall bring an action in law or in equity against the other for the breach of this agreement ifthere is a determination that the agreement has been breached. 14. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a ) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under !l this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution ofthis Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 15. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least fourteen (14) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 16. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit ofthe parties hereto, their respective heirs, executors, administrators, successors or assigns. 10 17. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both ofthe parties hereto; and the waiver of any term, condition. clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 18. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. SEPARABILITY If any term, condition. clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition. clause or provision shall be stricken from this Agreement and in all other respects this Agreement sha1l be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent. shall in no way avoid or alter the remaining obligations of the parties. II 20. HEADINGS Any headings preeeding the text of the several pamgmphs and subpamgmphs hereofarc inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shaUtheyaffect its meanings, construction or effect. 21. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed 22. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the reeeipt of a duly executed copy hereof. ~~ f1.&~. Gary lt ~trong -n~J:J.~ Marg t S. Armstrong , 1~ 0_.' . INVENTORY OF MARITAL PROPERTY --.---------------... . -- --~- ..... u._____.._+_._____ -----------. GARY R. ARMSTRONG and MARGARETS.ARMSTRONG 1--------- "'--.. ---- j - j -. .. -MARGARET ARMSTRONr. _ ____ c,7A.RY ARMSTRONG i 1_ ___.._._____h_._ . . . I I::~____-.m _ ..- ___ ________ h __ Asset, .- Value I Asset Value ! TIAA-CREFF Pensions $331,660 i 'INell=:quiti-i.n_l:i_q~~ti& 10L____ $62,551 ., Housi!holdContents- .. I $890 $112,330 I IJ~~~~~~!-==-------- - .. ... 1_ $54,784 ! 20th Centu.'}'Fund $7,000 , Traveler 403~13) $44,338 I g.!lmmunity~ank $350 - - I Janus IRA $10,021 I Household Contents $8,000 u_~ -.--.--,~-,,- _ _._h_______.__ Coleman Ca~E.er. h h . __ $1,700 Canoe $400 - _u_ - I .. ------_._-,- Janus Money M~uk_e!_ - --- - - -- $1,629 I J~!!.ll.s M~I1~y}~'a~~L_ $1,500 Honda Motor Cycle $400 i_ Janus Worldwide $1,300 -~~--_.,-_.._._.. .---. -- ~trori\LQep.~rtunll}t Fund Janus Worldwide .. $1,30_0 $1,033 '--- .._+--_._--- Aerostar Van - 1986 $500 John Deere Lawn Tractor $2,500 Strong Opportu.r1iIy-Fu!!~-=::-:::-,~= ---. '---. .. --.. -- . , .... $1,033 ~Oth Century Intemational $5,000 Reimbursement for VISA payment $750 Janis Stock Fund $3,500 20th Century Intem.ati~ri~I:_:-::_= $5,000 ---- Cashed Life'lnsurance $6,000 .".- -- H.J, Meyers st~ck $20 !~89 Merc':!!)' Tr_acer $550 - --- -- .._.____~d.. _.--.---- .-...--- -.-.+- --. .------. -..'-..- $454,025 -... .- ----------_._._--- TOTAL TOTAL $212,014 Margaret's Total --------- --- ___-.__m__._ $212,014.l....-. --------------_. -_.-----_._--~------ TOTAL MARITAL ESTAtE - -- $6~6,039 55% of marital estate $366,321 -- ._.._.____.___._._.___.n___ .. ._.~------_._. , - --~--_._- -..- .._---~. '-.--.- . I ~e~~. amol:l,nt already eossessed ($212,014) Balancing Payment $154,307 Schedule A ARMSTRNG.XLS 9/21/98 ~ '-::> n C \..:;' '-;". ~. --t "'J{'::; ,~ ':; "'] '. ~)I _0 ~ ; r ,~" :,~.,. I --":0 ;... ''-' . r : ~. ;CJ , ;:,.. L:ii ":.; . :x 2'~3 :,.lC, ::n 01 n ...~c: .. -" ? :::- "to- ~ '", .J:"" -< MARGARET S. ARMSTRONG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW GARY R. ARMSTRONG, : NO. 95-1391 CIVIL TERM : IN DIVORCE Defendant NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above maller, having been granted a Final Decree in divorce from the bonds of matrimony on the 16th day of March. 1999, hcreby elects to retake and hereafter use her previous name of Margaret Clark Spivey. ~~~tr~/tJA~ TO BE KNOWN AS: Clark Spivey COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) On the).:l-' day of , 1999, before me, a Notary Public, personally appeared Margaret Clark Spive ,known to mc to bc thc pcrson whose name is subscribed to the within document and acknowledged that she exccuted the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hond and official scal. 91;;/lA- n c ;;;:; ~~i (7i '~. ~(~,: ::'~. 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IUN :! 2 1999 . . .'b u- . ~~ ,0 ...:!.. ~ '1 ~ ~ ~ ; b, That subject to the finalization of the divorce and the execution of the documents required by TIAA.CREF, and the terms of said annuities, the full sum of one hundred fifty-four thousand three hundred seven dollars ($154,307) shall be awarded to the alternate payee (wife) from the above referenced annuities of payee (husband) as the sole and exclusive property of alternate payee (wife) to be applied to TIAA-CREF annuities to be established on her own right and subject to the terms and limitations of said annuities: (I) One hundred percent (100%) of the accumulation under TlAA Contract # A828703-7 as of the agreed upon vllluation date of February IS. 1999. (2) One hundred percent (100%) of the accumulation under CREF Certificate # P828703-4 Money Market Account as of the agreed upon valuation date of February 15, 1999. (3) A percentage of the accumulation under CREF Certificate # P828703-4 to be withdrawn from Payee's CREF Bond Market Account as of the agreed upon valuation date of February 15, 1999, which when added to the accumulations specified in 5(b)(I) and 5(b)(2) will equal the one hundred fifty-four thousand three hundred seven dollars ($154,307) to be transferred to alternate payee as specified above. The values actually transferred will reflect interim intere~t and dividend earnings in TIAA and investment experience in CREF until the transfer is recorded by TIAA-CREF. All ownership rights in the newly issued annuities will belong to Margaret S. Armstrong. All ownership and interest in the balance of the accumulations in all contracts issued by TlAA-CREF will belong to Gary R. Armstrong, c. The parties are directed to timely submit to TIAA-CREF all documents, including Releases that are required to finalize this order. 6. This order: a, Does not require any plan to provide any type of form of benefit, or any option, not otherwise provided under the Plan, and b, Does not require TIAA-CREF to provide increased benefits and c. Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. MARK, WEIGLE: ANO PERKINS _ ATTum'<lI:V5 AT LAW _ I.W EAST t<INO 5Tm:F:r - StlIPPCNSUURG, P^ 17251.1)97 7. This Court reserves jurisdiction to issue further orders as needed to execute this order. By the Court MARK. WEIOLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET _ SHIPPENSUURG. PA 172571397 MARGARET S. ARMSTRONG, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW GARY R, ARMSTRONG, Defendant : NO. 95-1391 CIVIL TERM : IN DIVORCE DETERMINATION AS TO QUALIFICATION OF DOMESTIC RELATIONS ORDER, NOTICE TO PARTICIPANT AND ALTERNATE PAYEE, AND AGREEMENT TO COMPLY WITH ORDER Pursuant to the rcquirements of the Retiremcnt Equity Act of 1984, TIAA-CREF, as the funding vehicle for a rctirement plan in which Gary R. Armstrong is a participant, hereby states as follows: 1. The attached Order of the Court of Common Pleas of Cumberland County, Pennsylvania, dated is a Qualified Domestic Order; and 2. The Participant and thc Alternate Payee are hereby notified as to the qualification of said Order; and 3. The undersigned will comply with all of the applicable terms and conditions of said Order upon receipt of the propcr documentation. Dated this day of ,1999 for TIAA-CREF MARK, WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 126 EAST KING SlJ~ELT - StlIPf)f:NSBWUi, I-'A 172571397