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HomeMy WebLinkAbout95-02514 , Q 0) ..... " ,~ I,: r'l.~ -. i... t,' .. ~~ . ',,,,I i' . .1~1 j . ,? ", n_ , ! ,.~ I r'~ : :,(Ij h -. ,1,,1 ~,: ;: lliJ " lEli ~l ,. "'1 1:1 ~ ~~ 'I ,I ~. u:c N ,) ..... . " \ ..... ,~ ~ ..., '....... ~ " "-I \., 1>- '"\~ "-.) ("~ I.,) ........ A ;, "- 'i ...,., .~ '. .' , ,~ ~ :_i;! ~ - " , " " . .. , . ~ 'i ~ .. ,,) '><. 1\, 'v. r' w') ~ ,~ ........ ,...... ,~ \;<) ~'~~ ", I , ' ! I I' I " il., " ' . j~l~ ~ Iii J~!! , , DIANE G. RADCUH ATTOIlNf.V-,\T.I,AW '44' ""INUU. aOAU !:AN' 1111.1" 'A IlQII MARJORIE L. WILKINS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBmRLAND COUNTY, PENNSYLVANIA NO. v. G. ERIC WILKINS, DEFENDANT CIVIL AC'rION - LAW IN DIVORCE C:OMPLJUKT AND NOW, this IT"day of May/ 1995, oomes the Plaintitt, MARJORIE L. WILKINS / by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this complaint in Divoroe of whioh the followJ ng is a statement ~ C:OUIIT I I D~ 1. The Plaintiff, MARJORIE L. WILKINS, is an adult individual residing at 117 Hogestown Road, Machanicsburg, Cumberland County/ Pennsylvania. 2. 'rhe Defendant, G. ERI~ WILKINS/ is an adult individual residing at 216 South 4th Streett Mt. Wolf, York County/ Pennsylvania. 3. Plaintiff and/or Defendant have been bona fide rosidents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 31, 1980 at Shippenaburg, Pennsylvania. '). There have been no prior actions of divorce or annulment between the parties. 2 DIANE G. RADCLIFF ATTOIlNf,Y.,\T.J.,\w .... 'rltINU",. ItOAI) "AN' fIIU., 'A IlQII Ii. Plaintiff hIlS been advised of the availability of counseling and the right to rijquest that the Court require the parties to participate in counseling. 7. The Defend4nt is not a member of the Armad services of the United State~ or any of its Allies. 6. 'l'he Plaintiff avers that the grounds on which the action is based arel (6) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties are now l.lving separate and apart/ and at the appropriatti time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) yaars and that the marriage is irretrievably brokon. WHEREFORE, Plolntiff requeats this Honorable Court to enter a decree l.n divorce, divorcing the Plaintiff and Defendant. C:OUNT III BQUITABLI DI8TRIBUTIOM 9. Paragraphs 1 through 6 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have legally acquired property/ both real and personal, during their marriaga from May 31, 1960 until September 7, 1994, the date of separation, all of which is "marital property", 3 DlANl G. 1lAD<:L1FF ATTOIlNf.Y.AT.I,",W au, nlNIlH aUAIl CAN' 1111.1" ,. 11011 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-,marltal property" which has increased in value since the date of marriage and/or subsequent to its acquisition durinlJ the marriage, which increase in value is "marital property". 12. Plnintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of. the filing of this Complaint. WHI!:RI!:FORE, Plaintiff requests this Honorable Court to equitably divid~ all marital property of the parties. ~OUlfT I II I ALIMOIIY PllfDllfTI LITI. ..ALlMOn 13, Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were Bet forth at length. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself though appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during ths marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently therea fter. 4 an ,. - 'i ~ ~ 1 5, 'r ~{ !j H ~ :ft "", . " , , , " \ , , '" , , I , , ...' .. " 1\ ! ,I " II' I, " " " , . " - " " . .. ,. . J i:l !!~ ~t~ (,!)I~m J !g " ,I' DIANE G. IlADCLU'F ATrOIlNfY.AT.I,,\W SUI TaINnl.l aOAlI CAlli' 1111,1" 'A IlQII , HARJORIIlJ L. WILKINS, I IN THE COURT OF COMMON PLIlJAS OF PLAINTIF' I CUMBERLAND COUNTY, PENNaVLVANIA I v. I NO. 95-2514 CIVIL TERM I G. ERIC WILKINS, t CIVIL ACTION - LAW OEFIlJNDIINT I IN DIVORCE IllIDAVIT or ~O'II'T 1. A Complaint in Divorce under Section 3301(0) of the Divorce Code was filed on May 10, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of fillnq the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I underetand that false statements herein ars made subject to the penalties of 16 Pa. C.S. Se~tion 4904 relating to unsworn falsification to authorities. Datedl~~. ~OI'U A. tJ~v;~ MAR OR L. WILKINS I " , , " ') , I ...' ,- ""~'- - .---- ..-:-...,..,~~., ~..~_;;,lt~:", . MARJORIE L. WILKINa, PLAINTIFF IN THZ COUR'r OF COMMON PLEAS OF CUKBERLAND COUNTY, PENNSYLVANIA NO. 95-2514 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. G. ERIC WILKINS / DEFENDANT AUlDYJ,T or C:OIIIIIll 1. A Complaint in Divorce under Seotion 3301(0) of the Divoroe Code was filed on M~y 10, 1995. 2. The marriage of plaintiff and Def$ndant 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 Deoree in Divorce after service of notice of intention to request entry of the decree. ! verify that the statements made in this Affidavit are true and correct. I understand that false statemenLs herein are made subject to the penalties of 18 Pa. C.S. Seotion 4904 relating to unnworn falsification to authorities. Datedl (,~ I:J~"(; ~f~ tJ~ G. ERIC WILKINS DIANE c. RADCLIFF ATTOIlNEY.AT.\.,\W .... niNO"" aOAII CAN' 1111.1" 'A 11011 DIANE G. RADCLIFF ATIOIlNEV.AT.UW 8441 TJlINt)I.". lOAU CAN' 1111.1" 'A 11011 MARJORIE L. WILKINB, I IN THE COURT OF COMMON PLEAS OF PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 95-2514 CIVIL TERM I G. ERIC WILKINS, I CIVIl. ACTION - LAW DEFENDANT I IN DIVORCE WAIVER OF NOTICE OF IN'rEN'rION 'ro REQUES'l' ENTRY OF A DIVORCE DECREE UNDE~ ~ECTION 330110\ QF THE DIVORCE CODE 1. I consent to the entry of a final dooree in divoroe 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 underotand 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 in this Affidavit are true and correct. I under.stand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Datedl 6- (,,2.1' JE~ UL G. ERIC WILKINS " , " .1 ~ ~ Cl '" - I': ,', t " 1.(' - .) "" , -" 1~1. <, '3 -jJ u. '. " s:. , , r- '1/) Ii: ~,' -- i~ 25 'I I; ., I; " t'i LO C en 'I ji I, , - Q !h ('\/ ~~.. ~ '" - .. .. ' s 12 - ')t'S I ;;e~ , '" "~ ..1... ",:l f:! ,... . ;;(1 - . '., Ii ~l UJ(P. 1- ;j b ~ 1.1 ,/ " I , " . . , .. . . . J ... !J! ~f:: c,;h~ ~B!! " , 4 DIANE G. RADCLlFf ATTOIlNf.Y.AT.LAW .... TIINnu. IUAn CAN' 11I1.1,. .. IlQII . MARRIAGI IITTLIMIKT AGRIIMlHT THIS MRIIMIMT made this _~ day of 19 t!f~, by and between MARJORIE L. WILKINS Hogestown Road, Mechanicsburg, PA 17055 and z'-( -, ("WIFE") of 117 G. ERIC WILKINS ("HUSBAND") of 216 South 4th Stl"eet, Mt. WOlf, PA 17347. " I T N I I I 1'1'1 I "IIRIAI, the parties hereto are HUSBAND and WIFE, having been married on Mey 31/ 1960 in Shippansburg, Pennsylvania. There were three (3) children born of this marriage~ Matthew E. Wilkins, born January 21, 1903; Andrew J. Wilkins, born July 15, 1966 and Jared M. Wilkins/ born September 2, 1967. WHIRZAI, diveroe and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUOBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification I thll settling of all matters between them relating to the owner.8hip 1 DlAN! C. UIICLlFf ATTOIlNr,Y.AT.I.AW .... TaINIlU aliA II r.AN' 1I11.1,.'A 110' I and equitable distribution of real and per80nal propartYI the settling of all matters between them relating to the past, present and future support, alimony and/or maintenanae of WIFE by HUSBAND or of HUSBAND by WIFI!:/ and in goneral, the settling of any and 611 claims and possible claims by one against the other or against their respective estates. NOW, THIII.lrOU, in consideration of the premises and mutual promises, covenants and undertakings hereinafter 8et forth and for other good and valuable coneideration, 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 followsr 1. INCORPORATION or PUAHBLI. The recitals set forth in the Prfiamble of this Agreement are incorporllted herein and made fl po' ,hereof as if fully set forth in the body of the Agreement. 2. lOU.MlNT NOT 1 BAR. TO DIVORCI PROCIIDINGI. This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense aB may be available to either party. Thi8 Agreement is not intsnded to condone and shall not be deemed 2 DIANE G. ItAl)(;UfF ATTOIlN[V.AT.I,AW ".1 'raINPU aOAIl UN' 11I1.1" 'A 11QlI to be condonation on the part of either party nereto of any act or acts on the part of the other part.y which have oocasioned the disputlls or unhappy differenclls which have oocurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall socure a mutual consent no-fault divorce pursuant to the terma of Section 3301 (c) of tha Divorce Code in WIFE'S Cumberland County divorce aotion docketed tu numbllr 95-2514 civil Term. upon the signing of this Agreement, the parties shall execute and file all documents and papers including Affidavits of Consent l\nd Waiver of Notice of intent to Request Entry of Divorce Decree, necessary to finalize the divorce. 3. IrrlCT or DIVORCI DICRII. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force end effect after such time as a final Decree in Div~rce may be entered with respect to the parties. 6 . AGUI"IIIT TO BE IIICORPOR.ATED III DIVORCE DIC:UI. The parties agree that the terms of this Agreement shell be incorporated into any Divorce Decree which may be entered with respect to them. 3 DIANE G. RADCLlFt. ATTOIlNlY.AT-I.AW SUI UINIII.l aOAIl CAN' 11I1.1., 'A UOIl 5. IOI-Hll\lJlJL. It is the parties' intent that this Ar,jreement does not merge with the Oivorce Decrea, but rattler, it oontinues to have independent contractual significance and each party maintains their oontrftctual remedies all well as oourt remedies es the result of ttle ftforesaid incorporation or as otherwisfl provided by law or statute. 6. DATI or IIIC:UTIOI. The "date of execution" or "execution date" of this Agreement shall be defined as the date of exeoution by the party last executing ttlis Agreement. 7. DISTRULQfIOI DATI. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise ~pecified herein. 8. ADVICI or C:OUlSIL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE/ for WiFE, and MARCUS A. MCKNIGHT/ III/ ESQUIRE, for HUSBAND. The parties aoknowledge that they have received independent legal advice from counsal of 4 DIANE G. IlAllCUH A'I"roIlNf,Y.A'I'.I,AW UII 'UIN'",r. aOAIl CAN' 1111.1, 'A IIn11 their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circum/ltances, fair and equitable and that it is being entered into freely and voluntarily, after having roceived such advice and with such knowledge and that exeoution of this Agruement 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. 8. 1.IKAMCIAL DI8CLOSURI. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, os an inducement to the execution of this Agreement. 10. DISCLOSUR.I AMD WAIVIR or PII.OCIDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the rJ.ght to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by thill Agreement. Both 5 DIANE G. RADCLIFF ATTOIlNf.V.AT.UW .... UINIlU, a"AIl CM4P 11I1.1" .. 11011 parties understand that a oourt deoision oonoerning the partieN' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowhdges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the reoult of any fraud, dureos, or undue influence exercised by either perty upon the other or by any other person or persons upon either party. hereby waive the following procedural rights! a. The right to obtain an inventory and 130th parties appraisement of aU marital and non-marital property as defined by the Pennsylvania Pivorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, 6 DIANE G. RAI)cI.IH ATfOIlNJ,Y.AT.I.AW 14.' ....UNnI.lIU)A.n UN' 11I1.1.. 'A 1l0l1 it any, he or she may have with reopeot to the above items which shall beoome the sole and separate property ot the other. Tho tore;oing notwithstanding, upon the execution of this Agreoment HUSBAND shall return to WIFE all of the parties' photographs previously delivered to HUSBAND by WIFE with an indicatJ.on of which photographs he desires copies. WIFE will within thirty (30) days of said designation provide the HUSBAND with the negatives to said photographs so that he may obtain said copies at his expense. Within thirty (30) days of the delivering of the negatives to HUSBAND/ HUSBAND will return the negatives to WIFE. 12. ArTIR-ACQUIRID PROPIII.Tr. Each of the part.ies shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, since soptember 7, 1994, with full power i.n him or her to dispose of the same as fully and effectively, in all respects and for all purposes/ as though he or she were unmarried and oach par.ty hereby waives / releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. B DIANE G. RADCUFt' ATTOIlNt:Y.A'J'.l.AW '44' 'flINUI.J. )lUAU CAM' /l1I,1,,'A 11011 13. DIVI.~OJ or VIHICLIIL With respect to the vehicles owned or. leased by one or both of the partieB, they agree aB followsl (a) 1994 Mercury Villager Van shall be the 1I0le and exclusive property of WIFE. (b) 1988 Pontiac Grand Am shall be the sole and exclusive property of HUSBAND. The titles or lease agreements to said vehicles shall be executftd by the parties, if approprillte, for effectuating transfer as heroin provided on the date of execution of this Agreement and s4id executed titles Bhnll be delivered to the proper party on the distribution date, For purposes of this Paragraph the term 'title" ahell be deemed to include 'power of att.orney' if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be Bolely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does specifJ.cally waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the 9 DIANE G. RADCLU'F ATTOIlNf,V.AT.I.AW 1,,1 TaINUU: llnA.n CAN' 111I.1" 'A mil vohicle(e) that shall beoome the solo and separate property of the other pursuant to the terms of this Paragraph. 1~. DIVISIOM or ....AL ISTATI. The parties Ilcknowledge that their previously .:lwned marital residence wa~ sold on March 17/ 1995 and the prooeeds derived therefrom were equally divided between the partios. The parties hereby reaffirm said division and agree that the terms of this agreement shall no in anyway alter or modify said division. 115. MO.-TARr pArM11IT In consideration of the distribution to HUSBAND of the 1988 ~ontiac Grand Am set forth in paragrllph 13 herein HUSBAND agreed to pay WIFE the sum of One ThouSlllld Two Hundred ($1/200.00) Dollars upon the signing of this Agreement. 16. I~C:H PARTY RITAIIS OWl PI18IOI PLAMS. Except as hereinafter set forth, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any ~enBion Plan, Retirement Plan, Profit Sharing Plan, 401-K Plant Keogh Plan, Stock ~lan, Tax Doferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plant Retirement Plant Savings Plan, 10 Tax Deferred Savings Plan and/or any employee benefit plan shall beuome tho sole And separate property of the party in whose name or through whose employment said plan is carried. The foregoing notwithatanding, the parties agree that HUSBAND/S tex deferred savingo plan held with IBM, shall be divided 55' to WIFE and 45~ to HUSBAND. WIFE's share shall be paid to her by way of a tax free roll-over of. retirement benefits pursuant to a Qualified Domestic Relations Order to be entered in WIFE's aforesaid divorce Action. 17. DIVIIIOI or BAlK ACCOUITI/sToC:K/L~rl II.URAMCI. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, lnvestment plans and lifo insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposito IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the poosession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts/ certificates of deposit, IRA accounts/ bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become tho sole and separate property of WIFE. Each of the parties does 11 DIANE G. RAJ)CUfF A'rrOIlNlY.AT.I.AW 111I TaINIlI.J. aOAIl <:A'" 1111.1" 'A 11011 DIANE G. RA1>CLlFF ATTOIlNF,Y.AT.lAW .... TaINIlI,laOAU CAN' 1111,1" 'A 11011 specificlllly waive, release, renOllnclt and forever abandon whatever right, title, interest or olaim, he or she may have l.n any bank acoount, oertificates of deposit, IRA acoounts, bonds, shares of stock, investment plans and life insuranoe cash value that is to become the sole and separate property of tha other pursuant to the terms hereof. As olariflcatJ,on tor the foregoing, the parties acknowledge and agree that they have prftviously equally divided their joint accounts with the IBM Credit Union to their mutual sstisfaction and that said division shall not be changed or altered by the terms hereof. 18. H&~AL DilTS. The parties acknowlodge that they have previously divided and paid all of their marital obligations, including their joint Sears account I joint Hess's account / joint B06COV' s account, and joint IBM Credit union VISA account. Said division and payment sholl not bo changed or altered by the terms of this Agreement. Any liability not disclosed in this Agreement shall be the sole responsible of the pllrty who has incurred it or may hereafter incur it and each agrees to pay it as it comaD due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all suoh debts, 12 I 'I I i DIANE G. RAllCl.IFF ATTOIlNlY.AT.I,AW .... Ull'ml.l aOAr) (:AM, 11I1.1" 'A 11011 obligation8 and liabiliti~s assumed by a party pursuant to the terms of this paragraph. ~rom the date of execution of thi8 Agreement/ eaGh party shall use only those credit card8 and acoounte for which that party is individually liable and the parties agree to cooperate in closing any remaining aocounts which provide for joint liability. 111 , JfAIWII. O. IItHIRITAlfCI. Each of the parties hereto does specifically waive, release, renounc~ and forever abandon any right, title, interest and claim, if any/ either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 20.~ WIFE represents and warrants to HUSBAND that sinoe the parties' marital separation she has not contracted or inourred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and war~ant8 to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all olaims or demands made against him by reason of debts or obligations incurred by her. 13 DIANE G. IlADCLlFf ATTOIlNf,Y.AT.I,AW .... nlNIlI,f, aOAIl CAN' 1111.1,. PA 11011 21 . IVIJlI\IID / I DllorI. HUSBAND represents and warrants to WIFE that sinoe the parties' marital separation he has not contraoted or incurred any debt or liability for which WIFE or her estata might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harml8llls from any and all claims or demands made against her by reason of debts or obligations incurred by him. 22. IAJKRVPTCJ. The parties hereby agree that the provisions of this Agreement shall not b~ dischargeable in bankruptcy And expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed her.eunder, the other. party shall have the right to terminate this Agreement in which event tha division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 23. SOCIAL SICVRITJ 111.rITS. 14 , I , I I I DIANE G. RADCLIff ATTOIlNlV.AT.I.AW 11I1 niNO.... aOAn CArol' 1111,1" 'A 11011 The parties agree that subject to the rules and regulations of the Sooial Security ^dministration, each of the parties shall continue to be eligible for Sooial Seourity benefits to which he or she would ordinerily be qualified es a party to a divoroe after a marriage of ten (10) years or more in duration, if the parties' marriage is det~rmined to be of ten (10) or more years in duration. 26. I_COMB T~X PRIOR RITU....S. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmleos the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, Interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 25. rI_AL IQUITABL, DISTRIBUTIO_ or PROP.RTf. The parties agree that the division of all property set forth in this Agreement is equitable and J.n the event an action in divorce is commenced, both parties relinquish the 15 DIANE C. RADCl.lFF ATrORI'lf.Y.AT,'.AW .... 'UINIlU. IliA II CAM, 1111.1.. PA 17011 right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the putiea that this Agreement is a full, finlll, cornplete and equitllble proJilorty division. 26. KAIVIR or ALIMONY, ALIMOII! PIIIDIIITI LITI, SPOU'AL 'UPPORT. MAIIITUlUICI lUID COIITlh The parties hereto IIqree IInd do hereby waive any right and/or claim they may have, both now IInd in the future, IIgainst the other for alimony, 1I1imony pondente lite, spousal support, maintenance, counsel fees and costs. 27. CUSTODY. WIFE shall have primary custody of the pllrties' three (3) minor childron, MlItt;hew E. Wilkins, born JlInuary 21, 1983, Andrew J. Wilkins, born July 15/ 1966/ and Jared M. Wilkins, born September 2, 1967. HUSBAND shall havs partilll temporary physicll1 custody of the aforesaid minor children in IIccordllnce with the following scheduler (II) Alternating weekends from Friday lit 5:00 p.m. until Sunday at 8:00 p.m. during the school year or until Sunday at 8: 30 p. m. during the ochool summer vacation period. (b) Every Tuesday evening ft'om 5:00 p.m. until 8rOO p.m. dur.ing the school year or until 8:30 p.m. during the summer school vacation period. 16 (0) Alternating holidays including New Year/s Day/ Eastsr Day/ Memorial Oay/ Independence Oey/ Labor DAy/ 'rhanksgiving Day and Christmas Oay. Each holiday ahall start at 5rOO p.m. the evening before the holiday and shall end at 9100 a.m. the day after the holidllY, The alternllting holiday schedule shall commence with WIFE having custody on Easter Oay 1996 and HUSBAND having custody on Memorial Oay 1996. (d) HUSBAND shall have custody on Father.'s Day and WIFE shllll have custody on Mother's Day. The time for theae custodial periods shall commence the evening before Father's Day or Mother's Day at 5rOO p.m. and shall end the day lifter FlIther's Day or Mother's Day at 9rOO a.m. (e) Each party shllll be entitled to four (4) uninterrupted weeks of custody during the summer school vacation period. These weeks shall be non- consecutive and shall commence on the entitlod party's regular alternating weekend and shall end the following Friday at 5:00 p.m. unless the parties shall agree otherwise. Thirty (30) days 17 DIANE c. RAIICLlH A'rrOarnY.AT.I.AW IHO 'UINIIU. IliA II CAM' 11I1.1.. 'A 17011 i I DIANE G. ll.ADCLlFF ATIORNlY.AT.I,AW IUI 'UINIII,'. lOA II CAMP 111I.1.. PA 17011 advance notioe of the soheduling of the vaoation period shall be required. all. WLD IIUPPORT. HUSBANO shall pay for the support of the minor ohildren the amount as currently and may from time to time be ordered by the Oomestic Rellltions Office of Cumberland County/ Pennsylvania. 29. DIPIIIDIIICY IXIMPTIOIIS. Beginning with this yellr 1996 the parties agree that HUSBI\NO mllY claim tho federal J.ncome tax dependency exemption for Andrew end WIFE may claim the federal inoome tax dependency exemptions for MlItthew and Jared. 'rhe aforeraid rightlil to c lai", the federal income tllX dependenGY exemptions shall last for each child as long as each child is II dependent. child of the parties. The parties shall sign all necessary documents to implement this provision of this Agreement. 30. PIRIOMAL RIGHTS. HUSBANO and WIFE may and shall/ at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or lIuthority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. 18 DIANE G, RAIlCLlFf A'rrORNU.AT.I,AW ~"I 'UINllI,'. 111"'1 CAMP 11I1,1., PA 17011 maoh may/ for his or h~r sepllrat~ use or benefit, oonduot, oarry on and engage in any business, oocupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shllll not molest, hllrass, disturb or malign eaoh other or the r~spective families of each other nor comp~l or attempt t.o compel the other to cohllbit or dwell by any means or in any mllnner whatsoever with him or her. 31. HVTUAL RILIASIS " HUSBAND and WIFE ellch do hereby mutulllly remise, rslease/ quitclaim and forever dischllrge the other and the estate of such other, for all time to come, und for 1111 purposes whatsoever, from any IInd all rights, title and interesto, or claims in or IIgainst 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 he or she now has or at any time hsreafter may have against such other, the estate of such other or IIny part thereof, whether arising out of any former acts/ contracts, engagements or liabilities of such other or by way of dower or curtsey/ or claims in. the nature of dower or curt.sey or widow's or widower's rights / family exemption or similar allowance, or under the intestate lllws/ or the right to take against the spouse's willi or the right to treat a lifetime 19 DIANE G. RADCI.IH ATI'oaNf.Y.AT.I.AW II.. TlINIlI,r. IliA II CAMP 1lI1.1, PA 17011 conveyance by the other as testamentary/ or all other right.s of a surviving spouse to pllrticipate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania/ (b) State/ Commonwealth of territory of the United States/ or (0) any other country/ or any rights which either party may have or at IIny time hsreafter have for past, present or future SUPPOl:'t or maintenance, alimony/ alimony pendente lite/ oounsel fees, equitable distribution, costs or exponses/ whether arising as a result of the marital l:'elation or othel:'wise, except, and only except, all rights and agreements and obligations of whlltsoevor nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSf.lANO and WU'E to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, relll, personal or mixed, which the other now owns or may hereafter acquire, except and only excspt all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 32. KAIVlR OR MODIFICATIOII TO BI II WRITIIQ. No modification or waiver of an) of the terms hereof shall be valid unless in writing and signed by both parties 20 '/ DIANE G. RADCLIFF Al'-ORNty.AT.I.AW 1m TlINIlU IOMI CAMP IIII.L, PA 17011 and no waiver of any breaoh hereof or default hereunder shall b. deemed a waiver of any subsequent default of the same or similar natUrll. :u . HU'fUAL COOPIRATIOII. I/;ach party shall, at IIIlY time and from tim. to time hereafter/ take any alld all nteps and execute/ acknowledge and deliver to the other. pllrty/ any IInd all further inutruments and/or document that the other pllrty mllY reasonably require for the purpose of giving full force and effect to the provisions of this Agreement U. IORIIMIIIT aIIfDIIIG 011 HUBL. This Agreement shall be binding and shall inure to the bonefit of the parties hereto and their respective heirs, executors/ administrators, successors and assigns. 35. IlfTIORATIOII. This Agreement constitutes the entire underntllnding of the parties and supersedes any IInd all prior agreements and negotiations between them. There are no representations o~ warranties other than those expressly set forth herein. 36. 07:HIR DOCUMlIfTATIOII. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) day a after demand therefor) / execute any and 1111 written instruments, 21 DIANE C. RAOCLlFF ATTOllNIW.AT.UW Uti TaINIH.1 JU)AI) CAMP 1111,... PA 17011 aBBignments, releasll8/ satisfaotions/ deeds, notllB, stook oertifioates, or such other writings as may be neoessary or desireble for the proper effectuation of this Agraement, and as their respective counsel shall mutually lIgree should be so executed in order to clIrry out fully and ef.fectively the terms of this Agreement. 37. 10 "lIYIR or DlrlU~T. This Agreement shall remain in full force Ilnd effeot unless and until terminllted under and pursuant to the terms of this Agreement. The fllilure of either party to insist upon strict per.formance of IIny of the provisions of this Agreement shall in no WilY affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent dehult of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 38. SUACI. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hersunder to the other spouse, and the other spouse incurs IIny expense thereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any 22 . IOl\11'u Deferred Savlnlll Plan (1'DSII) Domellll: Relatlonl Order Form (Oclober I, 1994 edlllon) J;OIJRT OF CYIMMnN pr .F.A~ nit' CUMBE~LANP COUNTY/ PENNSYLVANIA (nllllll ofalllll court) ACrION IN PIVO~CE . 95-~514 (In re: the manilMe of, e,g,) . (Cue Number) . MARJORIE L. WILKINS . Sllpulaled Domeatlc (namll of one piny) . , Relatlonl Order Ind . Applll:allon 10 the mM Tax G. ERIC WILKINS . Deferred Savings Plan (nlme of olher pany) AI part oflhh dlnolutlon ofmarrtage proceeding. the parties having agreed upon the division oflhe participant's al:countln Ihe ffiM Tax Deferred Savings Pia" (TDSP); the Court emers Ihe following order applicable to TDSP: THIS ORDER SHOULD DE SUBMITfED WITH AN APPROPRIATE COVER LEITER TOr mM TDSP QDRO ADMINISTRATION, P.O. BOX 292677, NASnVILLE, TN 37229.2677. I. The party to this action WhOSll accounl in TDSP is subJect to this order Is hereal\er caUed "Participant" and Is Identified (wllh the Participant's lasl known mailing addreu). 15 follows: GEORGE E. WILKINS (name) J!j0-44-5287 (social security number) ~16 South 4th Street (slreet address) Mt. Wolf / PA 17347 (city. state and zip code) 997301 (mM serial number) 2, The party 10 whom payment is to be made under thh order (hereafter called" Alternate Payee") 15 the Allemate Payee of Participant's interesl in rDSP and is identified (with his or her lasl known mailing address), as follows: MARJORIE L. WILKINS (name) 176-46-6529 -- (social security number) MeGhanicsburg, PA 17055 (city, slale. and zip code) 117 Hogestown Road, (slreel address) l'DSr DI/nltltlc R~lalllln. Order !1l/rm..11alJll 2 (Octl/her I, 19901 edltllln) 3. A loan In I participant Is mlde by taklnlllnvelled funds out of the partlclplnt's ICCOUnl The 10111 value of Ihe accnunl Is the vllue of the Invelted fundslnd any loan Imounu oUlllandlng, 'The IVlllable Iccount balance ISlhe .mount ofinvesled tllIIds, which blllnce does not Include IllIounu previously lo~ned out 10 the purtlclpant, The dlstribullon to the ahemate plyae slleclfied by p1r1llrlph four (4) Is mlde up to the limit ofavllllble funds as of the dute of dislrlbutlonlnd does notlher the partlclplnt's obllsatllln to replY any loans then ouullndlnll, 4, The Plan Admlnl5lrltor of the IBM TIX Deferred Sllvinlls Plan Is directed to make a lump sum dlllriblPiolllTom the Plrtlclplnt's account In the Plln to the Altemate Plyee of: (lillln one option; put N/A for "notlppllcable",llllhe blunks for the olher options) a N/A ) us well IS a pro rala share ITom NIl'. to Ihe date of (dollar amount) (date) distribution of any gains or losses In the accOUtll on that amount b. NIl'. . percent ~,~_Yo) oflhe available account bulance as of (In words) (date) (which balance does not Include loan amounU oU18landlng), as well as pro rata share frQfllthe dale specified to the date of distribution of any gBlns or losses in the account on that amount. lffty- ~. C, VB . percent U2.._%) of the lotal account vulue liS of '1 'i (In words) ( ate) (which value includes 10lln amounts outstanding), as well as a pro ratll share ITllm the date specified to the dllte of distribution of any gains or losses in the accoUnl on thBl 8010unt. d. N/A . as an absolule dollllr amount (dollar amount) e, N/A . percent C N/A%) of the aVllllable account balance as of --' (In words) (dale) (which balance does not Include loan amounu outstanding, as an absolute dollar amount, f. NI A . percent ( N/ A %) of Ihe total account value as of NI A (in words) (date) (which value includes loan amounts outstanding), as an absolute dollar amount, The applicable valuation for the account as of any specified date is based upon the precedins weekly (Thursday) valuation date. The pro rata share of gains and 10lSesls based upon the changes in unit values of the funds In which the account was allocate~ on the specified date S, If the alternate payce dies after the Issuance oflhls order, the Plan Is to make the applicable distribullon to the altemale payee's eSlate. ~ ?,: '.. - I .. f,'; .. j.~ - I,., Ii: r I ~~r . . )~!) I" .. ,- f.~ ., - J,) IJ ~ iI)~ fL'I! II} ,..' ';;J b 'n C)\ U iii, I' .lli,