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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '*' PENNA.
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No. ..}.HI....""" qY.J.M... 19 95
KIMBERLY A. PEFFLEY
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LEE DAVID PEFFLEY. JR.
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DECREE IN
DIVORCE
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AND NOW, .... .i!1?'1":Z:~'''''''''''''' 19, J.b.., it is ordered and
decreed that .~~f:I!3.~~~~. .^:'.. f.E.~If~~.Y.",.. .,........"........, plaintiff.
and.. .~~J;:. .l?~Y.I.I? .J?~.F:I:~~Y... ..;J~.'."..,.,..............,..,.., defendant,
are divorced from the bonds of matrimony,
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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;
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.exeouted. .by. the. pa.rties. .be. 'incorporated' and 'not. 'merged' into' the
Divorce.
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IN THB COUR'l' OF COHHON PLBAS
CUHBBRLAND COUN'l'Y
KIHBBRLY A. PBFFLEY V. LBB DAVID PBFFLEY, JR.
DOC1CB'l' NO. 95-3347 CIVIL LAN
MARX'PA T. SETTT.F:MENT AGREEMENT
THIS AGRBBHBN'l' made this
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day of
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here~after
called
1996, by and between KIHBBRLY A. PBFFLEY,
"Wife",
AND
LBB DAVID PBFFLEY, JR., hereinafter called "Husband".
fiI'l'NBSSETH:
fiHBRBAS, Husband and Wife were married on January 2, 1979 in
Towson, Maryland; and
fiHBRBAS, no children were born of this marriage; and
fiHBRBAS, certain differences have arisen between the parties
as a result of which they separated on April 24, 1993 and now live
separate and apart from one another, and are desirous, therefore,
of entering into an Agreement which will distribute their marital
property in manner which is considered to be an equitable division
of all joint property, and will provide for the mutual
responsibilities and rights growing out of the marriage
relationship; and
fiHBRBAS, there has been a complete disclosure of the earnings
and property of each party, and each understands his\her rights
under the Divorce Code of the Commonwealth of Pennsylvania; and
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WHBREAS, the parties hereto, after being properly advised by
their respective counsel, Wife by her attorney, Sanford A, Krevsky,
and Husband, by his attorney, Paul J. Esposito, or by himself,
waiving counsel, have come to the agreement, which follows. The
parties heretofore, intending to be legally bound, covenant,
promise and agree as follows:
1. CONSIDBRATION. The consideration for this Agreement is
the mutual promise, covenants and agreements herein contained.
2. SBPARATION. It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place or places as he or she may from time to time choose or
deem fit.
The foregoing provision shall not be taken as an
admission on the part of either party of the lawfulness of the
causes leading to their living apart.
3.
NO IN'l'BRFBRBNCB.
Each party shall be free from
interference, authority and control, direct or indirect, by the
other, as fully as if he or she were single and unmarried.
4. COUNSBL FBBS.
A. Husband agrees to pay all counsel fees incurred by
him since the separation of Husband and Wife.
B. Wife agrees to pay all counsel fees incurred by her
since the separation of Husband and Wife.
5.
SUPPORT .
Husband shall pay spousal support to Wife
during the pendency of the Divorce proceedings in an amount
registered with the Cumberland county Domestic Relations under
Docket No. 730 1995.
Credits will be provided to Husband as
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follows: Renter's Insurance, and Car Insurance payments made on
behalf of wife.
Additionally, Husband shall pay 60% of wife's
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uncovered medical costs.
6. ALIHONY. Husband shall pay to Wife alimony for a period
of three ( 3 ) years commencing on the date of execution hereof.
The amount of said alimony payment will be $ 50.00 a week, plus
Husband shall be responsible for Wife's Renter's Insurance and Auto
Insurance for a period of three ( 3 ) years commencing on the date
of execution hereof. Said alimony payments and insurance shall
terminate earlier only upon death or remarriage of Wife,
cohabitation of Wife with a paramour, or the death of Husband.
Said alimony payments shall be included in Wife's income and
deducted from Husband's income for tax purposes.
7. WAIVBR OF PBNSION BBNBFITS. Husband and Wife agree that
each shall execute any documents necessary to release and waive
forever any right, title or interest each party may have in the
other party's retirement plan (which is defined to mean pension,
profit-sharing, or any other plan or account or retirement or
deferred income). Each party agrees to execute whatever documents
are required to effectuate the purpose of this paragraph. Each
party appoints the other as attorney-in-fact for the purpose of
consenting to any election under any plan under Section 417 of the
Internal Revenue Code or Section 205 of the Employee Income
Security Act of 1974. It is specifically agreed that each party's
rights under their respective retirement plans constitute their own
separate property.
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8. WIFB'S DBBTS. Wife represents and warrants to Husband
that since the separation she has not and in the future will not
contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband
harmless from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
9. HUSBAND'S DBBTS. Husband represents and warrants to Wife
that since the separation he has not and in the future will not
contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save Wife
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
10. OU'l'S'l'ANDING DBBTS. The parties acknowledge and agree
that they have no outstanding debts obligations incurred prior to
the signing of this Agreement, except as follows:
1. MEMBERS BANK ACCOUNT ( Formerly Defense Activities
Federal Credit Union AKA DAFCU)
2. CELLULAR PHONE ACCOUNT
3. 401 K PLAN ACCOUNT
4. BLAZER FINANCE ACCOUNT
5. LOWES ACCOUNT
6. SUPERITE CREDIT UNION
7. BANKCARD SERVICES ACCOUNT
8. MBNA AMERICA ACCOUNT - MC 5329 0027 5412 3353
9. MBNA AMERICA ACCOUNT - MC 5329 0027 5412 2355
10. MBNA AMERICA ACCOUNT - MC 5329 0027 4302 8713
11. MBNA AMERICA ACCOUNT - MC 5401 2648 5102 8411
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12. MBNA AMERICA ACCOUNT - MC 5329 0027 5411 8221
13. SEARS ACCOUNT - Husband's Account
14. AUTOMOBILE INSURANCE - for both Husband's and Wife's
vehicles
15. RENTER'S INSURANCE for Wife's Apartment
16. SEAR'S ACCOUNT
17. PENNSYLVANIA STATE EMPLOYEE'S CREDIT UNION (AKA PSECU)
A. HUSBANn
With regard to the above enumerated debts, Husband shall
assume full responsibility for ultimate satisfaction of debts Nos.
1 through 13 .
Husband shall indemnify, defend and hold Wife
harmless from any claim or demand made against that party by reason
of such debts.
Regarding debts Nos. 14 (Automobile Insurance for Wife's
vehicle) and 15 (Renter's Insurance for Wife's apartment), Husband
will assume sole responsibility and indemnify Wife for payments on
these accounts for a period of ( 3 ) three years commencing on the
date of execution hereof.
B. IW!B
With regard to the above enumerated debts, Wife shall assume
full responsibility for ultimate satisfaction of debt Nos. 16
(Sears) and 17 (PSECU). Wife shall indemnify, defend and hold'
Husband harmless from any claim or demand made against that party
by reason of such debts.
C. POST SEPARATION DISTRIBUTION
In the event that either party contracted or incurred any
debts since the date of separation, the party who incurred said
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debt shall be responsible for the payment thereof, regardless of
the name in which the account may have been charged, and such party
shall indemnify, defend and hold the other party harmless from ny
claim or demand made against that party by reason of such debt.
11. DIS'rRIBU'rION OF PROPBIUY.
A. REALTY
The parties are owners of real estate located at 16th and
Swatara street, Harrisburg, Dauphin county, Pennsylvania. Said
property is currently subject to an Agreement of Sale wherein the
parties are sellers. To the extent that there is any equity in
said property, Husband shall become the exclusive owner, and as
such is both entitled to any proceeds, but is also responsible for
any expenses, taxes, or other costs associated with its maintenance
and ownership. Husband's rights includes, but are not limited to,
default by the buyers. Wife will execute any documents required to
effectuate the purpose of this paragraph.
B. Household Pronertv.
Including the items below, the parties hereto have divided
between themselves, their mutual satisfaction, all items of
tangible and intangible marital property. Neither party shall make
any claim to any such items of marital property, or of the separate
personal property of either party, which are now in the possession
and/or under the control of the other. Should it become necessary,
the parties will agree to sign, upon request, any title or
documents necessary to give effect to this paragraph. Property
shall be deemed to being the possession or under the control of
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either party if, in the case of tangible personal property, the
item is physically in the possession or control of the party at the
time of the signing of the Agreement and, in the case of intangible
personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control
of the party.
Husband and Wife shall each be deemed to be in the possession
and control of their own individual oension or other emolovee
benefit clans or retirement benefits of any nature to which either
party may have a vested or contingent right or interest at the time
of the signing of this Agreement, and neither will make any claim
against the other for any interest in such benefits during the
period of separation, except as stated herein or subsequently
agreed upon in writing.
Both parties agree that Wife shall maintain sole possession
and ownership of the Packard Bell Personal Comouter Svstem that is
currently in her possession.
Both parties agree that Wife shall maintain sole possession
and ownership of the 52 Inch Big Screen Television that is
currently in her possession.
C. Business Equipment.
The parties hereto mutually agree that Husband shall have
exclusive possession and ownership of all Business Eq~ioment
associated with Husband's Construction Business.
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D. Proceeds from Real~v Holdinas.
The parties are currently titled owners of a three-unit
apartment building located at 16th and Swatara streets, Harrisburg,
Dauphin County, Pennsylvania. Said property is currently under an
Agreement to be sold to Rodney and Kelly Hollenbaugh, The proceeds
of the sale are currently only payments on the interest; these
monthly payments of $99.11 are to be received by Husband. Husband
hereby insulates and holds harmless Wife relative to any debt on
this property, through mortgages, liens, maintenance, utilities,
taxes or any other expenses relating to the property.
E. Motor Vehicles.
Wife shall retain possession and ownership of the ~
Grand AM GT COUDe presently in her possession, as it constitutes
non-marital property. In consideration thereof, Wife shall assume
full responsibility for payment and eventual satisfaction of any
and all liens presently encumbering the vehicle, and to indemnify,
defend and hold Husband harmless for the same during the period of
the parties' separation. Husband hereby agrees to sign any
documents necessary to authorize possession of said vehicle at any
time, upon demand, and further shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this
provision.
Husband shall retain sole possession and ownership of the ~
Ford DumD Truck presently in his possession. In consideration
thereof, Husband shall assume full responsibility for payment and
eventual satisfaction of any and all liens presently encumbering
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the vehicle, and to indemnify, defend and hold Wife harmless for
the same during the period of the parties' separation. wife hereby
agrees to sign any documents necessary to authorize possession of
said vehicle at any time, upon demand, and further shall indemnify
Husband for any costs, including actual counsel fees, incurred by
Husband to enforce this provision.
12. MEDICAL INSURANCB. Both parties agree to continue to pay
for coverage on their respective medical insurance, including Blue
Cross, Blue Shield, prescription, dental, and eyeglass coverage.
Until the divorce is final, Husband shall pay 60% of Wife's
uncovered medical costs as outlined in the Order of Support
registered at the Cumberland county Domestic Relations Office.
13. TAX RETURNS. Both parties agree that they shall file
separate federal tax return for tax years 1995 and 1996. Husband
and Wife shall pay all of his or her tax liability associated with
such federal tax return and be solely entitled to any receipts
associated therewith. Both parties shall be responsible for their
own state and local tax returns and any other tax liability for
1995 and 1996.
Should the parties continue to be married and capable of
filing joint returns in future years, they shall file joint federal
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tax returns, and Husband shall be responsible for any tax
liability, and shall reimburse Wife for any tax refunds she would
receive had she filed separately, and Wife shall reimburse Husband
for any taxes owed had she filed separately, provided she continues
to maintain her federal income tax withholding rate with hor
employer as married filing single (one exemption) for any such tax
year. In such additional tax years, both parties shall be
responsible for their own state, local and other outstanding taxes.
14. HU'rUAL CONSBNT DIVORCB. This Agreement shall operate as
a full and final Settlement Agreement concerning all marital rights
of both parties in accordance with the terms herein, The Parties
hereto agree that each shall contemporaneously herewith sign an
Affidavit of Consent to a divorce pursuant to section 3301 ec) of
the Divorce Code. Counsel for Wife shall prepare and promptly file
the parties' respective Affidavit's of Consent, a praecipe to
transmit record, and a vital statistics form, all for the purpose
of obtaining an immediate Decree in Divorce,
15. TIME OF DISTRIBUTION. The assets and interests to be
transferred under and pursuant to this Agreement shall be conveyed
and transferred to the respective parties immediately upon the
execution of this Agreement. The parties shall cooperate by
executing whatever documents are necessary to effectuate a divorce
under 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this
Agreement to cooperate shall be enforceable by an assumpsit action
for specific performance, However, upon refusal to consent, all
distributed property shall be returned to the party originally in
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possession, until the time of final decree.
16. RBLBASB. Subject to the provisions of this Aqreement,
each party has released and discharged, and by this Agreement does
for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release,
indemnify (including actual legal fees) and discharge the other of
and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution,
spousal support, alimony, counsel fees, alimony pendente lite, and
expenses which either of the parties against the other ever had,
now has, or may have in the future under the Pennsylvania Divorce
Code, as amended, or under any other statutory or common law,
except any and all causes of action for divorce and all causes of
action for breach of any provisions of this Agreement. Each party
also waives his or her right to request marital counseling,
pursuant to 3302 of the Divorce Code.
17. WAIVBRS OF CLAIHS AGAINS'P BSTATBS. Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may have or hereafter acquire under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, riqht to take in intestacy,
riqht to take against the will of the other, and riqht to act as
administrator or executor of the other's estate, and any right
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existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
18. RIGHTS ON BXBCUTION. Immediately upon the execution of
this Agreement, the rights of each party against the other, despite
their continuing marital status, shall terminate and be as if they
were never married.
19. BREACH. In the event of breach of any of the terms of
this Agreement, the non-breaching party shall be paid, as part of
any award or judgment against the breaching party, all costs,
including actual counsel fees paid to his or her attorney.
20. INCORPORM'BD IN'l'O FINAL DIVORCB DBCRBB. The terms of this
Agreement shall be incorporated into the final divorce decree
between the parties. The parties intend this Agreement to be
incorporated into the final divorce decree, and understand that all
provisions contained in this Agreement are to be subject to the
continuing jurisdiction of the Court of Common Pleas.
21. ADDITIONAL INSTRUHBN'rS. Each of the parties shall from
time to time, at the request of the other, execute. acknowledge and
deliver to the other party, any and all further instruments that
may be reasonably required to give full force and effect to the
provisions of this Agreement.
22. SBPARABILITY. In case any provision of this Agreement
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should be held to be contrary to, or invalid under, the law of any
country, state or other jurisdiction, such illegality and
invalidity shall not in any way affect the other provisions hereof,
all of which shall continue, nevertheless, in full force and
effect, and each paragraph herein shall be deemed to be a separate
and undisputed covenant and agreement.
23. BN'l'IRB AGRBBHBN'l'. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants and undertakings other than those expressly
set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and
division of marital and separate property are fair, equitable and
satisfactory to them, based on the length of their marriage and
other relevant factors which have been taken into consideration by
the parties. Both parties hereby accept the provisions of this
Agreement with respect to the division of property in lieu of and
in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other
for equitable distribution of their property by any court of
competent jurisdiction pursuant to Section 3502 of the Divorce Code
or any other laws. Husband and Wife each voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
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24. HODIFICM'ION AND WAIVBR. A modification or waiver of any
of the provisions of this Agreement shall be effective only if made
in writing and executed with the same formality as this AgrRement.
The failure of either party to insist upon strict performance of
the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
25. IN'l'BN'l'. It is the intent of the parties by this
Agreement to fully and finally foreclose any resort to the courts
for relief on the basis of any statute or case law presently
existing or which may exist at some time in the future within the
Commonwealth of pennsylvania, including but not limited to
equitable distribution, alimony and other relief under the
Pennsylvania Divorce Code, as amended. This Agreement has been
drafted and accepted on the basis that such resort would constitute
a breach under this Agreement, entitling the non-breaching party to
reimbursement for actual counsel fees. Other than as provided by
the terms of this instrument, it is intended that the court shall
treat the parties as if they had never entered into a marital
relationship. This Agreement shall be interpreted and governed by
the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern.
26. VOLUNTARY BXBCUTION. The provisions of this Agreement
and their legal effect have been fully explained to Wife by her
respecti ve counsel, Sanford A. Krevsky and to Husband by his
respective counsel, Paul J. Esposito, each party acknowledges that
the Agreement is fair and equitable, that it is being entered into
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voluntarily, with full knowledge of the assets of both parties, and
that it is not the result of any duress or undue influence. The
parties acknowledge that they have been furnished with all
information relating to the financial affairs of the other which
has been requested by each of them or by their respective counsel.
Husband, being advised that he has the right to retain independent
advice from the attorney of her choice, hereby waives her right to
obtain counsel.
27. DBSCRIP'l'IVB HBADINGS.
The descriptive headings used
herein are for convenience only.
They shall have no effect
whatsoever in determining the rights or obligations of the parties.
28. JlGRBBHBN'l' OF BINDING ON HBIRS. This Agreement shall be
binding and shall inure to the benefit of the parties hereto, and
their respective heirs, executors, administrators, successors and
assigns.
29. RBCONCILINl'ION.
Notwithstanding a reconciliation
between the parties, this Agreement shall continue to remain in
full force and effect absent a writing signed by the parties
stating that this Agreement is null and void.
IN WITNBSS WHBRBOF, The parties hereto have hereunto set their
hands and seals the day and year first above written.
WITNBSS:
d~ {~u
~'XuIM. ;~,W~iL.,
u~
, JR.
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IN THE COURr OF COMMON PLEAS
DAUPHIN GOUN~Y, PENNSYLVANIA
MARITAL SETTLEMENT AGREEMENT
95-3347 CIVIL TERM
KIMBERLY A. PEFFLEY,
Plaintiff
v.
JLnforb.!Jan ~
ATTORNEY AT LAW
l10t N, FRoNT STREET
HARRISliuRo, PENNSYlVANIA 17102
717.a4 4513
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KIMBERLY A. PEFFLEY,
plaintiff
IN THE COURT OF cOMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-3347-Civil Term
vs.
LEE DAVID PEFFLEY, JR.,
Defendant
: CIVIL ACTION - LAW
IN DIVORCE
p>>J.ECIPE TO 'l'RMfSMIT RECORD
To The prothonotary:
Transmit the record, together with the following information,
to the Court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under section
(xl 3301 Icl
(xl
3301 Idl (1) of the Divorce Code.
(Check
applicable section.)
2. Date and manner of service of the complaint:
June 28. 1995
certified Mail .
3. (Complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by
section 3301 (c) of the Divorce Code: by the plaintiff on
Mav 6, 1996 ; by the Defendant on Mav 7. 1996 .
affidavit
(b)(l)
required by
(2) date
Defendant:
Date of execution of the plaintiff's
section 3301 (d) of the Divorce Code:
of service of the plaintiff's affidavit
upon the
.
4. Related claims pending: Reauest that terms of settlement
Aareement dated Mav 8, 1996, and executed bv the tlarties be
incornorated and not merced into the Divorce.
5. Date
file praecipe
N/A
and manner of service of the notice of intention to
to transmit record, a copy of which is attached.
.
evsky, Esquire
laintlff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9$, J3"7 Ci.;J ~
KIMBERLY A. PBFFLBY,
Plaintift
LEB DAVID PBFFLEY, JR.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICB TO DEPEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you, and a Decree of Divorce or Annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, First Floor, Cumberland county
courthouse, Carlisle, pennsylvania
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FBES OR EXPENSBS BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCB. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONB, GO TO OR TELEPHONB
THE OFFICB SET FORTH BELOW TO FIND OUT WHBRB YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURHOUSB, 4TH FLOOR
ONB COURTHOUSB SQUARE
CARLISLE, PA 17013-3387
(717) 240-6200
vs.
. IN THE COURT OF COhMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. tj ~., .J 3 ., 7 C2...:,.;P T.<...-
CIVIL ACTION - LAW
IN DIVORCE
KIMBERLY A. PEFFLEY,
Plaintitt
LEB DAVID PBFFLEY, JR.,
Defendant
COMPLAINT IN DIVORCE
UNDER SECTION 3301 eel OR 3301 eDl
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Killberly A. Peffley, by her
attorney, Sanford A. Krevsky, and seeks a Decree in Divorce and
related relief from the Defendant, and in support thereof, sets for
the following:
1. The Plaintiff is Killberly A. Peffley, an adult
individual who currently resides at, 207 Valley street, Summerdale,
Cumberland County, pennsylvania 17093.
2. The Defendant is, Lee David peffley, Jr. an adult
individual who resides at 40 North Locust street, Palmyra, Lebanon
County, Pennsylvania 17078.
3. The Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous to
the filing of the Complaint.
4. The Plaintiff and Defendant were married on January 2,
1979, in Towson, Maryland.
5. There has been no prior action for divorce or annulment
between the parties.
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 of
divorce.
WHEREFORE, Plaintiff prays this Honorable Court issue a Decree
in Divorce divorcing her from the bonds of matrimony pursuant to
Section 3301 (c) or Section 3301 (d) of the Divorce Code.
COUNT I - IRRETRIEVABLE BREAKDOWN and INDIGNITIES
10. Paragraph Nos. 1 through 9 incorporated by reference as
if fully set forth herein.
11. The grounds upon which this action is based are
irretrievable breakdown, two separations or, in the alternative,
indignities to the person of Plaintiff, the innocent and injured
spouse, so as to render her condition intolerable and life
burdensome and a divorce pursuant to Section 3301 (c), 3301 (d) or
3301 (a) (6) of the Divorce Code is sought.
WHEREFORE, Plaintiff prays this Honorable Court issue a Decree
in Divorce, divorcing her bonds of matrimony, pursuant to Section
3301 (c), 3301 (d) or 3301 (a) (6) if the Divorce Code.
COUNT II - EQUITABLE DISTRIBUTION
12. Paragraph Nos. 1 through 11 are incorporated herein by
reference as if fully set forth herein.
13. Plaintiff and Defendant have acquired certain real and
personal property during the course of the marriage and pursuant to
the Divorce Code of 1994, Plaintiff desires that the Court
equitably distribute said assets.
WHEREFORE, Plaintiff request that the Court equitably divide
the parties' real and personal property, tangible and intangible,
acquired during the course of the marriage, pursuant to the Divorce
Code of 1994.
COUNT III - ALIMONY P~DENTE LITE
SUPPORT. COUNSEL PEES AND EXPENSES
14. Paragraph Nos. 1 through 13 are incorporated herein by
reference as if fully set forth herein.
15. By reason of this action, Plaintiff will be put to
considerable expense in the preparation of her case, employment of
counsel, and payment of costs.
16. Plaintiff is without sufficient funds to support herself
and to meet the costs and expenses of this litigation and is unable
to appropriately maintain herself during the pendency of this
action.
17. Plaintiff's income is not sufficient to provide for her
reasonable needs and pay her attorney's fees and the costs of this
11 tigation.
18. Defendant has adequate earnings and would be able to
provide support and alimony pendente lite for Plaintiff and to pay
her counsel fees, costs and expenses.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court compel Defendant to pay Plaintiff alimony pendente lite,
support, counsel fees, costs and expenses of this action.
.,- -'-.
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COUNT IV - ALIMONY
19. Paragraph Nos. 1 through 18 are incorporated herein by
reference as if fully set forth herein.
20. Plaintiff lacks sufficient property to provide for her
reasonable needs.
21. Plaintiff is unable to sufficiently support herself
through appropriate employment.
22. Defendant has SUfficient income and assets to provide
continuing support for Plaintiff.
IfHBREFORE, Plaintiff respectfully requests this Honorable
Court compel Defendant to pay alimony to Plaintiff.
Respectfully submitted,
Date: ~- ~".(:tI,,)
~
Sanfor A. Krevsky, squir
Attorney for Plaintif
1101 North Front street
Harrisburg, PA 17102
(717) 234-4583
Atty. 1.0. No. 15560
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
KIMBBRLY A. PEFFLEY,
Plaintiff
LEE DAVID PEFFLEY, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I, KIMBBRLY A. PEFFLEY, hereby verify that the information
contained in the foregoing Complaint for Divorce are true and
correct to the best of my knowledge, information and belief. I
also understand that false statements made herein are subject to
the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn
falsification to authorities.
DATE:
.~u-I&J Iqq:r
v~
~IMBBRLt A. PEF' ~
.
KIMBERLY A. PEFFLEY, IN THE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. NO.
LEE DAVID PEFFLEY, JR., . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
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AND NOW, this
CERTIFICATE OF SERVICE
,q)l\ day of June, 1995,
I, Lisa A. Rice, for
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the Law Office of Sanford A. Krevsky, hereby certify that a copy of
the foregoing complaint in Divorce was sent by certified U.S. Mail
First-Class, postage prepaid, on the following:
LEE D. PEFFLEY, JR.
40 N. LOCUST STREET
PALMYRA, PA 17078
d(}4,IRu.
Lisa A. ~ce
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
.
N THE COURT OF COMMON PLEAS
UMBER LAND COUNTY, PENNSYLVANI
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IMBERLY A. PEFFLEY.
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ATTORNEY AT LAW
1101 N, FRONT STREET
HARRISBURG, PENNSYLVANIA 17102
717.234-4583
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KIMBERLY A. PEFFLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 civil Term
v.
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.
.
.
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CIVIL ACTION - LAW
IN DIVORCE
LEE DAVID PEFFLEY, JR.,
Defendant
AFFIDAVIT OF CONSENT
1, A complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on
June 21. 1995 .
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date of
filing the complaint.
3. I consent to the entry of final decree of divorce.
4. I understand that I may lose rights concerning
alimony, division of property, lawyers fees or expenses if I do not
claim them before a divorce is granted.
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: ':fJ0t 0/ /91ft;
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PlalntiU
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
j'
,
LEE DAVID PEFFLEY, JR.,
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on
June 21. 1995 .
2. The marriage of plaintiff and defendant is
irretrievably broken and ninety days have elapsed from the date of
filing the Complaint.
3. I consent to the entry of final decree of divorce.
4. I understand that I may lose rights concerning
alimony, division of property, lawyers fees or expenses if I do not
claim them before a divorce is granted.
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. !i 4904 relating to
unsworn falsification to authorities.
DATE:
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PlalntlU
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
v,
LEE DAVID PEFFLEY, JR.,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C,
OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce
wi thout notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothonotary.
4. I verify that the statements made in this affidavit are
true and correct, I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. section 4904 relating
to unsworn flasification to authorities.
DATE:'--(1&(f&/ /QCj0
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 civil Term
.
.
v.
.
.
LEE DAVID PEFFLEY, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
.
.
WAIVER ~! NOTICE OF INTENTION TO REOUEST
ENTRY QE ~ Q!VgRCE DECREE UNDER SECTION 3301 ICl
OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothonotary.
4. I verify that the statements made in this affidavit are
true and correct, I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. section 4904 relating
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KIMBERLY A. PEFFLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347-Civil Term
vs.
LEE DAVID PEFFLEY, JR.,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATION OF SERVICE
I, Sanford A. Krevsky, Esquire, attorney for the Plaintiff,
Kiaberly A. Peffley, hereby certify that a copy of the Complaint
for a Divorce was served by Certified Mail, Return Receipt
Requested on JUNE 28, 1995, on the following:
LEE DAVID PEFFLEY, JR.
40 NORTH LOCUST STREET
PALMYRA, PA 17078
DATE: _'1- ~.q 5
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Sanfo d A. Krevsky, uir
Attorney for Plaintiff
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
Atty. 1.0. NO. 15560
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KIMBERLY A. PEFFLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VB.
LEE DAVID PEFFLEY, JR.,
Defendant
NO. 3347
CIVIL
1995
IN DIVORCE
STATUS SHEET
DATE:
ACTIVITIES:
.
, .
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle. PA 17013
(717) 240.6535
.. Robert .lIekar, II
Divorce Mallar
Trael 010 Colvar
Ofllee ManagarlReportar
Sanford Alan Krevsky, Esquire
1101 North Front Street
Harrisburg, PA 17102
Waat Shore
697-0371 Ex\. 6535
January 25, 1996
Paul J. Esposito, Esquire
GOLDBERG, KATZMAN & SHIPMAN
320-E Market Street
Harrisburg, PA 17101
Re: Kimberly A. Peffley vs. Lee David Peffley, Jr.
No. 95 - 3347
In Divorce
Dear Mr. Krevsky and Mr. Esposito:
By order of Court of President Judge Harold E. Sheely
dated January 19, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on June 21, 1995, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. The complaint also raised the economic claims
of equitable distribution, alimony pendente lite, alimony, and
counsel fees and expenses.
I assume that grounds for divorce are not at issue and
that the parties will sign affidavits of consent so that the
divorce can be concluded under Section 3301(c) of the Domestic
Relations Code. If my assumption is not correct, please advise
and we will schedule a hearing on the grounds of indignities.
Assuming grounds for divorce are not at issue, I am
directing each counsel in accordance with P.R.C.P, 1920.33(b) to
file a pre-trial statement on or before Friday, February 16,
1996. Upon receipt of the pre-trial statements I will
.
Mr. Krevsky and Mr. Esposito, Attorneys at Law
25 January 1996
Page 2
immediately schedule a pre-hearing conference with counsel to
discuss the issues and, if necessary, schedule a hearing.
I have no entry of appearance in the file indicating that
Mr. Esposito is the attorney of record for the Defendant;
however, Mr. Krevsky in his motion for appointment of Master has
indicated that Mr. Esposito has appeared in the action. I
request that Mr. Esposito enter his appearance if he is going to
be representing the Defendant.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
KIMBERLY A. PEFFLEY,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95 - 3347
: IN DIVORCE
.
,
VS.
LEE DAVID PEFFLEY, JR.,
Defendant
NOTICE OF PRE-HEARING CONFERENCE
TO: Sanford Alan Krevsky
Paul J. Esposito
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the 9th day of May, 1996, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 2/21/96
E. Robert Elicker, II
Divorce Master
., "~.~,,,..~-,.,,~ .
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&anfuri\ Alan ~re"llltU
ATTORNEY AT LAW
1101 N. FRONT BTREET
HARRISBURG, PENNSYLVANIA 17102
711-234-<1583 FAX 711-234,:1850
t'OfY
SANFORD A. KAEVSKY, ESQUIRE
LAWRENCE J. ROSEN, ESQUIRE
May 8, 1996
E. ROBERT ELICKER, II, ESQUIRE
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISE, PA 17013
RE: Kimberly A. Peffley vs. Lee David Peffley, Jr.
No. 95 - 3347 In Divorce
Dear Mr. Elicker:
Please be advised that at this time, Mr. and Mrs. peffley have
reached a settlement relative to the equitable distribution of
their property and subsequently have both executed their Marital
Settlement Agreement. Therefore, enclosed please find two copies
of the parties' Agreement. It is my understanding that you will
petition the Court to vacate the Order for Appointment of Master.
By the copy of this letter to Mr. Esposito, I am advising him
of the status of this matter. Additionally, I am providing him
with a copy of the Agreement for his file.
Thank you for your attention and cooperation in handling this
matter. If you have any questions, please contact my office.
very truly yours,
Sanford A. Krevsky
SAK:lar
Enclosures
pc: Paul J. Esposito, Esquire
Kimberly A. peffley
Lee D. Peffley
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717 23~ ~5lI3
WI DO HIflIIIY ~Ir. 1HM TIll
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oat'tar~FUD"1HI
ACTION.
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AI ,OJ.lEY
vs.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95 - 3347 civil Term
KIMBERLY A. PEFFLEY,
Plaintiff
LEE DAVID PEFFLEY, JR.,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
KIMBERLY A. PEFFLEY, Plaintiff, moves the Court to appoint a
Master with respect to the followinq claims:
(X) Divorce
( ) Annulment
(X) Alimony
(X) Alimony Pendente Lite
(X) Distribution of property
( ) support
(X) Counsel Fees
(X) Costs and Expenses
and
(1)
(2)
(3)
(4)
DATE:
(5)
(6)
(7)
in support of the motion states:
Discovery is complete as the claim( s) for which the
appointment of a master is requested.
The Defendant has appeared in the action by his attorney,
Paul J. Esposito, Esquire.
The statutory qround(s) for divorce are: 3301 (c), 3301
(d), 3301 (a) (6).
Delete the inapplicable paraqraph(s):
(c) The action is contested with respect to the
followinq claims: Eauitab1e Distribution: Alimonv:
APL: Cost and EXDenses
The action does not involve complex issues of law or
fact.
The hearinq is expected to take 2-3 hours.
Additional information, if any, relevant to the motion:
liLA.
a~N. \ 5 \~q <:0
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Sanfo d A. Krevsky,
Attorney for Plaint'
(717) 234-4583
ORDER APPOINTING MASTER
AND NOW, ~(.\". '1 , 1996, r: - A"C /-!,C,-, I Felc /~
Esquire, is appointed master withf.~Sr~~t(:~ t~~ followinq Claims:
BY THE COURT:
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LAW OPPICBS
GOLDBERG, KATZMAN & SlIIPMAN. P.c.
AONALD M, KATZMAN
"AAAT a G0t.D8tRO
,. LtE SHIPMAN
PAUL J. ESPOSITO
NElL. HENDCASHOT
J. JAY COOPER
THOMAS E, BRENNER
JOHN A. STATLER
APRIL L. STRANO.MUTAT
OUT H, BROOKS
JU'ERSON J, SHIPMAN
ARNOLD B. KOGAN
JERRY J. RUSSO
KAREN 5, 'ELlCHTENBERGER
MICHAEL J. CROCtHZI
EVAN J, MLlNE. III
DREW p, GANNON
OgO MAHKaT STHkBT
flTRAWIIBBHY SQUAllS
P.O. BOX 11308
HARBlsOURa. PENNSYLVANIA 17108'11308
TBLBPUONE 17171 1304.4101
PAX (7171 804-0808
HERSHEY O"ICE
523 WEST CHOCOLATE AVENUE
p, O. lOX 8!US
HERSHEl. PA. 11033
17171833-40411
CARLISLE O'FlCE
&3 WEST POM'RET ITREET
CARLISLE. PA. 17013
17171'45.0517
February 14, 1996
YOAK O'FlCE
2 WEST MARKET ITREET
YORK. PA. 17401
17171843.7812
ARTHUR L. GOI.D8tAG
0' COUNSEL
ICORRUPOND TO
HARRISBURG O'FlCEI
E, ROBERT ELICKER, II, ESQUIRE
OFFICB OF DIVORCB MASTBR
9 NORTH HANOVER STREET
CARLISLE, PA 17013
Rei Kimberly A, peffley v. Lee David Peffley, Jr,
No, 95 - 3347 In Divorce
Dear Mr, Elicker:
Enclosed please find the Pre-Trial Statement of Lee David
peffley, Jr" Defendant in the above-captioned action,
Thank you for your kind attention to this matter.
Y~;d:~:;;
PAUL t~ ';1~OSITO
PJE/vyC
Enclosure
cc: Sanford A, Krevsky, Esq, (w/enc)
GOLD.lao, KATI~ . '.I'~. "C,
Paul J. Sapoaito - I.D. N25454
Attorneya for Defendant
320 Market St., P.O, Box 1268
Harriaburg, PA 17108-1268
(717) 234-4161
v,
IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
NO, 95-3347 CIVIL TBRM
CIVIL ACTION - LAW
IN DIVORCB
~.
I
I
,
KIMBBRLY A. PBFFLBY,
Plaintiff
LBB DAVID PBFFLBY, JR.,
Defendant
PRE-TRIAL STA".I.'JlI:.nrtI'r
AND NOW COMBS Defendant, LBB DAVID PBFFLBY, JR., by his
attorneys, Goldberg, Katzman & Shipman, P.C. and Paul J, Esposito,
Esquire, and files the following Pre-Trial Statement pursuant to
Pennsylvania Rule of civil Procedure 1920,33(a) and (b):
1.
LIST OF MARITAL AND NON-MARITAL ASSBTS.
See
Inventory & Appraisement of Defendant.
2. BXPBRT WITNESSBS, - None anticipated,
3, OTHBR WITNESSBS, - None, other than Defendant.
4, BXHIBITS. - (1) Paystubs; (2) 1994 and 1995 federal
income tax returns; (3) Retirement valuations; (3) 401K Statement;
(4) Sales agreement; (5) Jewelry appraisals; (6) Personal property
appraisals; and (7) Loan statements.
5. INCOMB STATBMBNT - See Income and Expense Statement
of Defendant,
- ....., ~r-~"'~;_ .
'.. "'4.;,.
........... ~
6, EXPENSE STATEMENT. See Income and Expense r
Statement of Defendant,
7, PENSIONS, Defendant has a pension with his
employer, Super Rite and Plaintiff has a pension with the
Commonwealth of Pennsylvania, Neither pension has been actuarially
valued, Defendant also has a 401k which had a balance of
$24,198,37 as of June 30, 1995,
8, COUNSEL FEES, - Defendant has paid a $1,500,00
retainer to his counsel, Basis for charges: $135,00 per hour as
of 1/1/96; previously, $125,00 per hour.
9, DISPUTED PERSONAL PROPERTY, - Defendant wishes to
retain the personal property in his possession and recover from
Plaintiff the following: Home Interior pictures, sewing chest with
Peffley engraving, big screen TV, computer and one-half proceeds
from the sale of the washer and dryer,
10. MARITAL DEBTS, - See Inventory and Appraisement.
11, RESOLUTION OF THE ECONOMIC ISSUES, - Defendant
wishes to retain the aforementioned items of personal property, his
jewelry and gun collection. He would also keep, intact, his Super
Rite pension and 401k and sales agreement interest, Plaintiff
would retain her personal property, including her jewelry, and her
Commonwealth pension, Defendant would be solely responsible for
2
the parties' Members 1st loan. Neither party would receive alimony
or any contribution for their counsel fees and expenses,
Respectfully submitted,
GOLDBBRG, KATZMAN ~ SHIPMAN, P.C.
By PA6i~'1:og ESQUIRE
320E Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court 10 #25454
Attorneys for Defendant
3
CBRTI.ICATB 0. SBRVICB
On this 14th day of Pebruary, 1996, I certify that a copy
of the foregoing PRB-TRIAL STATBMBNT was served upon the following
counsel of record for Plaintiff by placing the same in the United
States mail, first class, postage prepaid, addressed as follows:
Sanford A, Krevsky, Bsquire
1101 N, Pront Street
'Harrisburg, PA 17102
GOLDBBRQ, ltATZKAH r. SBIPIllUf, P.C.
By
Q
PAUL . ~ POSITO, BSQUIRB
320B atket Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court ID #25454
Attorneys for Defendant
..,7
........... -~..... - ~
ftl'\Y~~, ItA1'.u . 8IU...., ..c.
'aul J. .,polito - 1.0. 121414
Attom'YI for Dehndant
1301 Marklt. 'treet
.t.nwbeny Sq\lan
'.0. lox 1211
Harri.burg, 'A 1'101-1211
nUl 214-4111
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3347 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
KIMBERLY A. PEFFLEY,
Plaintiff
LEE DAVID PEFFLEY, JR"
Defendant
IacOMB AND EXPBHSE STATBMBHT
~
LEE D. PEPFLEY. JR.
Defendant files the following Income and Expense
Statement,
Defendant verifies that the statements made in this
Income and Expense Statement are true and correct,
Defendant
understands that false statements herein are made subject to the
penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to
authorities,
Q.~1.. f-.
INCOME AND BXPBNSB STATBMENT
OF
LBI D. I'lrrLIY, JR.
IHCOIIB
Employer: Suner Rite Foods Inc.
Address: 3900 Industrial Rd" Harrisbura, PA
Truck Driver
Type of Work:
Payroll Number:
Pay Period (weekly, biweekly, etc.):
Weekly
Year-To-Date Biweekly
(1/1/96 to 2/9/96)
Gross Pay per Pay Period:
Federal Withholding
Social Security
Medicare Tax
S 3067,01
684,94
S
190.15
44.47
30,66
85.86
Local Wage Tax
State Income Tax
Retirement
184.02
Unemployment Tax
Child Support
Support Admin, Fee
Occupation Tax
401K Loan
.92
209.67
3,02
10.00
49.52
69,66
401K Loan
Auto/Home Insurance
Disability Insurance
CU Savings
Net Pay per Pay Period:
4.00
10.74
150.00
S 1339.38
S
BUENS.S
Weekly Monthly Yearly
(Fill in appropriate column)
BOIIIe
Lot Rent $ $ 14.58 $ 175.00
Maintenance
Utilities
Blectric 25.00 300.00
Gas
Oil
Telephone
Water
Sewer 4,17 50.00
Trash
Blllployment
Public Transportation $ $ $
Lunch 25,00 108.33
Taxe.
Real Bstate $ $ $
Personal Property 15.60 187,18
Income
Occupation ,83 10.00
In.urance
Homeowners) payroll $ $ $
Automobile deduction 33.00 143.00
Life
Disability 5.37 23.27
(Payroll Deduction)
Health
Other
AutOlllObUe
Payments $ $ $
Fuel 20.00 86.67
Repairs
Medical
Doctor $ $ 88.00
Dentist
Orthodontist
Chiropractor. 75.00 325.00
Medicine 15.00
Special needs (alasses,
braces, orthopedic) 20,83 250,00
· Deductible of $250,00
Weekly Monthly Yearly
(Fill in appropriate column)
BcSucatioD
Private $ $ $
Parochial School
COllege
Religious
PersoDal
Clothing $ $ 40,00 $
Food 30.00 130.00
Barber/Hairdresser 13,00
Credit Payments
Charge accounts 540.00
Memberships 6.50 78.00
LOaDS
Credit Union $ 36.38 $ 157.65 $
(Payroll Deduction)
Personal Loan 762.20
401K Loan Repayment
(Payroll Deduction) 59.38 257,31
HiscellaDeous
Room & Board $ $ (Variesl $
Child Care
Papers/books/magazines 25.83
Entertainment 25,00
Pay TV
Vacation 208.33 2500,00
Gifts 41. 67 500.00
Legal Fees (paid to date) 1500.00
Charitable Contributions 16.67 200,00
Other Child Support
Alimony Payments 75,60 327.35
(Payroll Deduction)
Postage 6.40
Daughter's Auto Ins, 33.33 400,00
Total BxpeJ1ses S 3461. 52 S
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Item Description
No. of Propery
1. Members 1st
Credit Union
Personal Loan
MAJtXTAL DEBTS
Names of Cost/Value as of
All OWners Date of Acquis.
H & W
$19,949.21
Date of
ACquisition Balance
2/4/91
$4414.35
as of
7/18/95
"anforb Alan I(rrnuku
ATTORNEY AT LAW
1\01 N. FRONT STREET
HARRISSURG. PENNSYLVANIA 17102
717-234.4583 FAX 717.234-3850
BANFORD A. KREVSKY. ESOUIRE
LAWRENCE J. ROSEN. ESQUIRE
February 14, 1996
E. ROBERT ELICKER, II, ESQUIRE
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISE, PA 17013
RE: Kimberly A. Peffley vs. Lee David peffley, Jr.
No. 95 - 3347
In Divorce
Dear Mr. Elicker:
Enclosed please find Plaintiff, Kimberly A. peffley's Pre-
trial statement, Income and Expense statement, Inventory and
Appraisal and Plaintiff's Expenses, relative to the above-
referenced Master's Hearing. It is my understanding that your
office will be time-stamping the above documents with the
Prothonotary's office.
Thank you for your attention and cooperation in handling this
matter. If you have any questions, please contact my office.
Very truly yours,
~r..kGl ~.vu~~)
sanfo~ A. Krevsk~
SAK:kdr
Enclosures
pc: Paul J. Esposito, Esquire (w/enclosures)
Kimberly A. peffley
TO
lOU _ HEIlEIIY NOT1FI!D TO PLEAD
TO ne ENCI naa\
WITHIl TWENTY I20IIlAYlI Of' -
VICE HEREDF Cll A ~ .IJDCMNT
MAY Ill! EHTERED AGAMT ~
rtt
ATTORNEY
&anfatrb .Alan &eusku
ATTORNEY AT LJIN
1\01 N. FRONT STREET
HAAR5IlURG. PENNsYLIIANA
7\7-234-4583
WE DO tERESY ""'",.... THAT TtE
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00fI'( Of' TIE ORIGINAL FI.ED ..1lI8
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KIMBERLY A. PEFFLEY, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 95-3347 Civil Term
.
.
.
LEE DAVID PEFFLEY, JR., CIVIL ACTION - LAW
Defendant . IN DIVORCE
.
INCOME AND EXPENSES STATEMENT
I, verify that the facts set forth in the foregoing Income and
Expense Form, including all attachments thereto, are true and
correct to the best of my knowledge, information and belief. I
understand that false statements herein are made SUbject to the
penalties of 18 Pat C.S. ~ 4904 relating to unsworn falsification
to authorities.
Date: ~-14-10;9(P
~-(j
INCOME AND EXPENSE STATBIIBNT OF
KIMBERLY A. PEFFLEY
Yearlv
INCOME
Employer: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE
MISCELLANEOUS TAX DIVISION
Employers Address: 4TH & WALNUT STREETS. HARRISBURG.PA 17128
Type of work: LEGAL ASSISTANT 2
Pay Period: BI-WEEKLY
Gross per pay period
Itemized payroll deductions:
Federal Withholding
Social security
Local Wage Tax
State Income Tax
Unemployment
Retirement
Savings
Union dues
Loan
Political Action Comm
Net pay per pay period
OTHER INCOME WeeklY
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account Gas
Unemployment
Workmen's Compo
Tips
Other
Spousal Support 75.61
Total, Other Income 75.61
2
$ 1.201.50
180.84 + 20.00 = 200.84
74.49+17.42 (SS MED TAX)
12.02
33.64
1. 32
60.08
3.00
18.02
30.00
2.00
$
748.67 (direct deDOsit)
Monthlv
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
302.44
302.44
3,629.28
3,629.28
EXPENSES
lIQIlB.:
Rent
UTILITIES:
Electric & Heat
Telephone
TAXES:
occupational, Real Estate
& Personal
MEDICAL:
Doctor\Dentist
* Counseling
AIJ'l'OMOBILE:
Year/Model:
1996 Pontiac Grand AM GT
payments
** Insurance
Parking
CHILD CARE:
During school year
DUring summer year
WANS:
Credit Cards
MISCEr.r.ANRnrIS:
vacation/Entertainment
Legal Fees
Cable TV
contributions
other:
- Food
- clothing
- Household supplies
** Renter's Insurance
TOTAL EXPENSES
Ifonthl v
YearlY
330.00
3,960.00
149.00
75.00
1,788.00
900.00
1B.33
220.00
50.00
320.00
600.00
3,840.00
Coupe
272.00
42.08
40.00
3,264.00
505.00
480.00
130.00
368.00
1,170.00
1,104.00
392.00
4,704.00
600.00
208.33
22.13
16.67
325.00
100.00
50.00
11.00
7,200.00
2,500.00
265.56
200.00
3,900.00
1,200.00
600.00
132.00
==================================
$ 3,519.54
$ 38,532.56
* Wife pays $80.00 per counselling session. These receipts
are submitted to her Major Medical and she is reimbursed
$35.00 for each visit. Therefore, this leaves a
remaining unpaid balance of $45.00.
(con't on next page)
3
Pursuant to the August 2, 1995, Cumberland County
Domestic Relations Order, No. 730 Support 1995, DR 24,
122 (See attached "A"), Husband is responsible for paying
60\ of the uncovered balance and Wife is responsible for
the other 40\. As of February 14, 1996, Wife has not
been reimbursed by Husband for his share of these
expenses.
** Husband is responsible for Wife's Renters and Auto
insurance pursuant to the August 2, 1995, Cumberland
county Domestic Relations Order, No. 730 support 1995, DR
24, 122 (See attached "A") .
4
DR 24,122
KIMBERLY A. PEFFLEY
: IN 11m dOURT OF COMMON PLEAS OF
PLAINTIFF : CU~BERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION. SUPPORT
DEFENDANT: NO. 130 SUPPORT 19~
ORDER OF COURT
VS
LEE D. PEFFLEY
AND NOW, this 2nd dayoC August .19~basedupontheCourt's
dctcnnination that Plaintill's monthly net incom~~S $ l18B.00 ' . and DeCendant's
monthly net incomd~j( is $ 2686.00 . it is hereby ordered thatlhc DeCendant pay to
. the Domestie Relations Section. Court oC Conunon Picas, $ 306.00 a month payable $10.61
. per week effcctive, 6-20-95
Arrcansctat$ 247.22 asoC 1-31-95 arc due in fbll IMMEDIATELY. ~
Contempt proceedings, credit bureau reporting, tax reCund offset certification and enllaDce oC a judgement ' .
may be held in abeyance as long as DeCendant pays $ 5. 00 on arrears each payment date.
Failure to make each payment on time and in Cull will cause all arrears to become subject to inunediate
collection by all oC the means listed above.
ForthesupportoC: his wife, Kimberly A. Peffley. Defendant has been dven credit
for $200.00 paid since filins date. Deviation is being recommendc!d for the
reason the defendant pays for the plaintiff's car insurance and renter's
insurance.
Said money to be turned over by the Domestic Relations Section to: Kimberly A. Peffley
. Payments must be made by cash, check or money order.
Cash payments must be made in person. All chcclcs and monC)' orders must be made payable to Domestic
Relations Section and deliverccl or mailed to Domestic Relations Section, 13 North Hanover Street, P.O.
Box 320, Carlisle, Pennsylvania 17013. Each payment must bear your Domestic Relations number in
order to be processed.
Unreimbursed medical expenses arc to be paid 60 % by DeCendant and 40 %
by Plaintiff. Plaintiff to provide medical insurance coverage as provided by her"
employer . Within 30 days after the entry oCthis order, the .,
P 13 i n tiff shall submit to the person having custody oC the cbild(rcn) writtco prooC that medical
insurance coverage has been made. ProoC oC coverage shall consist, at a minimum, oC: (l) the name oCthe
health care coverage provider(s); (2) any applicable identification numbers; (3) any cards evidencing
coverage; (4) the address to which claims should be made; (5) a description oCany restrictions on usage.
such as a prior approval Cor hospital admissions, and the manncr oC obtaining approval; (6) a copy oCthe
bCllclit booklet or coveragc contract; (7) a description oC all dcductibles and co-paymcnts; and (8) live
copies oC any claim Conns,
EXHIBIT
I
^
----
"
I
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I
'-
IMPORTANT LEGAL NOTICE
PARTIES MUST WITIIIN SEVEN DAYS INFORM TI1E DOMESTIC RELATIONS SECTION AND
11m OTHER PARTIES. IN WRITING, OF ANY MATf!RJ.~L CHANGE IN CIRCUMSTANCES
.
RELEVANT TO Tim I.EVEL OF SUPPORT OR 11n! ADMINISTRATION OF TIIB SUPPORT
ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CIIANGE OF INCOME OR
EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY
CHILD RECEIVING SUPPORT. A PARlY WHO WILLFULLY FAILS TO REPORT A MATERIAL
CHANGE IN CIRCUMSTANCE MAY BE ADJUDGED IN CONTI!MPT OF COURT, AND MAY BB
FINI!D OR IMPRlSONI!D.
PENNSYLVANIA LAW PROVIDES TIMT ALL SUPPORT ORDERS SHALL BE REVIEWED AT
LEAST ONCE EVERY 111REE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF 1lfE
PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, .
YOU MUST DO THE FOLLOWING: AN UNREPRESENTED PERSON WHO WANTS TO
MODIFY (ADJUST) A SUPPORT ORDER SHOULD FILE A PE1lTION FOR MoblFICA TlON.
.FORMS ARE AVAILABLE AT THE DOMESTIC RELATIONS OFFICE.
.
.
A MANDATORY INCOME AlTACHMENTWlLL ISSUE UNLESS THE DEFENDANT IS NOT IN
ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER TIIAN ONE MONTIfS ,'.
..~ i
SUPPORT OBLIGATION AND (I) THE COURT FINDS TIIA T THERE IS OOOD CAUSE NOT TO
REQUIRE IMMEDIATE INCOME wmrnOLDING; OR (2) A WRI1TEN AGREEMENT IS
REACHED BElWEEN THE PARTIES WIDCH PROVIDES FOR AN ALTERNATE
ARRANGEMENT.
DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES, ON
AND AFrER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSmurE
A JUDGMENT AGAINST YOU. '
IT IS FURTHER ORDERED that, upon defcnclant's failure to comply with this order, defcndant
may be llIRStCd and brought before the Court for a Contempt hearing; defcndant's wages, sslary,
commissions, and/or income may be a<<ached in accordance with the law, this Order will be increased
without furtherhcaring to $ nla a month until all arrearages aropaid in full. Dcfcndant is
responsible for court costs and fees as determined by the Domestic Relations Section..
This order shall become final ten days after the malling ofthc notice of the cnlly of the order to the
parties unless either party Jiles a written demand with the Domestic Relations Section for a bearing de novo
before the Court.
Copies delivered to parties on
Consented:
f?- f-f'.5
,.
-,
.,
Plaintiff
Stanford Krevskv. ESQ.
Plaintifl's Attorney
Defendant
, Paul Esposito, Esq.
Defendant's Attorney
B
-
P. J.
DRO: Lucinda E. Shc3ffor
...""......" ,.. ~
KIMBERLY A. PEFFLEY,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 civil Term
v.
LEE DAVID PEFFLEY, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this /lrJ.hday of February, 1996, I, Lisa A. Rice, for
the Law Office of Sanford A. Krevsky, hereby certify that a copy of
the foregoing Income and Expenses Statement was served upon the
following by U.S. First Class Mail:
PAUL J. ESPOSITO, ESQUIRE
GOLDBERG, KATZMAN & SHIPMAN
320-E MARKET STREET
HARRISBURG, PA 17101
E. ROBERT ELICKER, II, ESQUIRE
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISLE, PA 17013
cKJAA R,c ~
Lisa A. Rice
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
5
...a~
;
.
.
TO
lOU _ HEIlEIIY NOTI'lED TO PLEAD
TO ne INCl 08B)
WITHIl TWENTY I20IIlAYll Of' _
VICE HEREDF Cll A IlEFN.U' .I."'OWNT
MAY Ill! !NTEIlED AGANlT 'ICU.
Wi .-,
ATTOI alEt
&anfatrb Alan &eusku
ATTORNEY fI.T LJIN '
1101 N. FRONT STREET-
HARRlSBlJlG, PENNSYlIIANA
717.234~583
WE DO tERESY Ca"..f THAT TIE
WITR\I 18 A TIU! AN:l COllREC.T
00fI'( Of' nE ORIGINAL FI.ED ..1lI8
~. ...~.> .
BY 2-!~7?
,~~li'ft! f,llt,i'1c'"Oo- ~~~l' ~n~~.a-"" 'IH
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.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 civil Term
CIVIL ACTION - LAW
IN DIVORCE
KIMBERLY A. PEFFLEY,
Plaintiff
LEE DAVID PEFFLEY, JR.,
Defendant
PRE-TRIAL STATEMENT
AND NOW, this ly~J day of February, 1996, comes Plaintiff,
Kimberly A. peffley, by and through her attorney, Sanford A.
Krevsky, Esquire, and respectfully submits the following as her
Pre-Trial statement:
1. The marital and non-marital assets for the above-
captioned matter, their value, the date of the valuation, whether
any portion of the value is non-marital and any liens or
encumbrances thereon have been set forth in Plaintiff's Inventory
and Appraisal filed with the Court on the same day as this
document.
2. The Plaintiff wishes to call her own expert witness to
testify on the value of the parties' pension. The pension appraisal
was prepared by Law Data Inc.
3. Plaintiff will testify on her behalf and there will be no
other witnesses (other than those outlined) which the Plaintiff
intends to call to testify on her behalf at the Master's Hearing.
Plaintiff will testify as to the assets and liabilities of the
marriage, her income and expenses, and the circumstances
surrounding the dissolution of the marriage and the subsequent
divorce proceedings as it relates to any claim for alimony, counsel
fees and expenses.
4. The plaintiff wishes to enter exhibits, such as:
Plaintiff's Income &
Expense statement
plaintiff'S Income Tax Return
Defendant's Income Tax Return
Filed with the Court
Provided at the Hearing
Provided at the Hearing
plaintiff's Inventory
& Appraisal
Plaintiff's Pension Appraisal
Filed with the Court
Filed with InventQry
and Appraisal
5. Plaintiff has a bi-weekly income of $1,201.50 gross or
$748.67 net, which is itemized in the Income and Expense statement
which was filed with the Court on the same day as this document.
6.
Plaintiff's monthly expenses are $3,519.54.
An
itemization of these expenses has been set forth in the Income &
Expense statement which was filed with the Court on the same day as
this document.
7. plaintiff has incurred counsel fees (as of February 14,
1996) in excess of $2,500.00. A detailed itemization of these
services have been filed with the Court on the same day as this
document.
8. The appropriate percentage distribution of assets are the
matters in dispute and plaintiff's proposal for resolution of this
economic issue is further defined in answer ten (10).
9. A list of marital assets including the amount of each
martial asset, is listed in plaintiff's Inventory and Appraisal
filed with the Court on the same day as this document.
2
10. Plaintiff and her attorney propose a split of 65' to
Defendant and 35' to Plaintiff as appropriate. The rea~ons for
this distribution is based on, but not limited to, the following:
1. Length of marriage, 17 years:
2. Husband's infidelity:
3. No issue of marriage:
4. Wife's role as major financial support of
household:
5. Sales Agreement monies payable to husband
6. Dunning by Husband's creditors:
Respectfully submitted:
DATE: :l-\ $-"\ ~
Sanfor A. Krevsky, sq re
Attorney for Plaintif
1101 North Front street
Harrisburg, PA 17102
(717) 234-4583
I.D. No. 15560
3
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KIMBERLY A. PEFFLEY,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
v.
.
.
LEE DAVID PEFFLEY, JR.,
Defendant
.
.
INVENTORY AND APPRAISEIfEN'l'
OF
I, KIMBERLY A. PEFFLEY, file the following inventory and
appraisement of all property owned or possessed by either party at
the time this action was commenced and all property transferred
within the preceding three years.
I verify that the statements made in this inventory and
appraisement are true and correct.
I understand that false
statements herein are made subiect to the penalties of 18 Pat C.S.
Sec. 4904 relating to unsworn falsification to authorities.
DATE:
0<-14 -199((,
~~~
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to
the case at bar and itemizes the assets on the following pages. If
an item has been appraised, a copy of the appraised report is
attached.
( X )
( X )
( )
( )
( )
( )
(
(
(
)
)
)
( )
( )
( )
( )
( )
( X )
( )
( X )
..!1
1.
Real property
Motor Vehicles
2.
3.
stocks, bonds, securities and options
certificates of deposit
4.
5.
Checking accounts, cash
Savings accounts, money market and savings
certificates
6.
7.
contents of safe deposit boxes
8.
Trusts
9.
Life Insurance policies (indicate face value, cash
surrender value, and current beneficiaries)
10. Annuities
11. Gifts
12. Inheritances
13. Patents, copyrights, invention, royalties
14. Personal property
15. Business (list all owner, including percentage of
ownership, and Officer/director positions held by a
party with company)
16. Profit sharing plans
17. Pension plans (indicate employee contributions and
date plan vests)
2
Cont. Assets
Page 2
( ) 18. Retirement plan, Individual Retirement Accounts
( ) 19. Disability payments
( ) 20. Litigation claims (matured and unmatured)
( ) 21. Military/V.A. benefits
( ) 22. Education benefits
( X ) 23. Debts due, including loans, mortgages held
( X ) 24. Household furnishings and personalty.
( ) 25. Other
3
MARITAL PROPERTY
Defendant lists all marital property in which either of both
spouses have a legal or equitable interest individually or with any
other person as of the date this action was commenced:
ITBII NUllBER: 1
DESCRIPTION OF PROPERTY: Three-unit apartment building located at
16th and Swatera streets, Harrisburg, PA
* Said property is currently under an Sales Agreement to be
sold to Rodney and Kelly Hollenbaugh. The proceeds of
the sale are currently only payments on the interest 1
these monthly payments of $99.11 are received by the
Husband until further written Agreement by the parties or
Order of Court.
NAIfRS OF AT.r. CMNBRS: Kimberly A. Peffley
Lee David Peffley, Jr.
DATB OF ACOUISITION: N/A
COST../VAlllB AS OF DATB OF ACOUISITION: N/A
COS'P/VAlllB AS OF DATE OF SBPARATION fADril 24. 1.993: NjA
COS'P/VlIUJg 30 DAYS PRIOR TO HEARING: Unknown
~================================================================
4
ITEII NUIlBER: 15
DESCRIPTION OF PROPERTY: Lee Peffley Construction
NAlfRS OF 1I~~ CMNERS: Lee David peffley, Jr.
DATE OF ACOUISITION: 1993
COS'P/VlIwg AS OF DATE OF ACOUISITION: N/A
COSJ!jVAlllE AS OF DATE OF SBPARATION (April 24, 1.993): N/A
COSJ!/VJlWB 30 DAYS PRIOR TO HBARING: N/A
I'l'RH NUHBRR: 2 (a)
DRSCRIP'l'ION OF PROPERPY: 1974 Ford Dump Truck
NAHRS OF A~~ OWNRRS: Lee David peffley, Jr.
* said vehicle is utilized by Lee Peffley Construction
DA'l'R OF ACOUISI'l'ION: Unknown
COS'P/VAUIB AS OF DA'l'R OF ACOUISI'l'ION: Unknown
COS'P/VAUIB AS OF DA'l'E OF SRPARA'l'ION (ADril 24. ~993): N/A
COS'P/VAUIB 30 DAYS PRIOR PO HRARING: Between $1,500.00 & $2,500.00
I'l'BH NUHBRR: 2 (b)
DRSCRIP'l'ION OF PROPERPY: 1990 Ford F150 Pickup Truck
(Husband'S vehicle)
NAHRS OF A~~ OWNBRS: 1991 - Lee David Peffley, Jr.
Kimberly A. Peffley
September 1995 - Lee David Peffley, Jr.
* In september of 1995, Title of vehicle was transferred to
Husband. Husband sold said vehicle in September of 1995.
Proceeds from the sale were utilized to satisfy the
existing lien. A profit of $600.00 was split (Sot-sot)
between Husband ($300.00) and Wife ($300.00)
DA'l'B OF ACOUISI'l'ION: 1991
COS'P/VAUIB AS OF DA'l'E OF ACOUISI'l'ION: $15,000.00
COS'1'/VArJIB AS OF DA'l'B OF SRPARA'l'ION (ADril 24. ~993 J: N/A
"',~
< :,,-'
,....>",^
COS'P/VAUIB 30 DAYS PRIOR PO IlRARTNG: N/A - vehicle sold
)(--0.-
...~- .. '
. _: ~ ,
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5
.i.:i,
I'J.'BII NUHBBR: 2 (e)
DESCRIPTION OF PROPERTY: 1990 pontiac Grand Prix
(Wife's vehicle)
NAMKS OF A~~ OWNERS: 1991 - Kimberly A. Peffley
Lee David Peffley, Jr.
January 29, 1994 - Kimberly A. Peffley
* On January 29, 1994, Title of vehicle was transferred to
Wife. Wife traded-in said vehicle in January of 1994.
As a trade, the existing lien was satisfied.
DM'E OF ACOUISI'J.'ION: 1991
COS'P/VAUfK AS OF DM'E OF ACOUISI'J.'ION: $16,000.00
CO~/VAUIE AS OF DM'E OF SEPARA'l'ION (ADril 24. 19931: N/A
COS'P/VATSfR 30 DAYS PRIOR TO HEARING: N/A - vehicle sold as trade-in
I'J.'EH NUHBBR: 17
APPRAISAL - SEE ATTACHED EXHIBIT "A"
DESCRIPTION OF PROPERTY: Pension Plan
- Pennsylvania state Employees Retirement Plan
NAHBS OF A~~ OWNERS: Kimberly A. Peffley
DM'E OF ACOUISI'J.'ION: Date of Employment: June 1, 1977
COS'P /VAUfE AS OF DM'E OF SEPARA'l'ION (ADril 24. 19931:
Pension attributable to marriage $31,595.00
I'J.'EH NUHBBR: 24 (a)
DESCRIPTION OF PROPERTY: Assorted Household furniShings
NAHBS OF A~~ OWNERS: Kimberly A. Peffley
Lee David Peffley, Jr.
FurniShings are currently in Wife's Possession
DM'E OF ACOUISI'J.'ION: Acquired throughout marriage
COS'P/VATSfK AS OF DM'E OF ACOUISI'J.'ION: $3,500.00
COS'P/VAUfK AS OF DM'E OF SEPARA'l'ION (ADril 24. 19931: $1,200.00
COS'P/VATSfE 30 DAYS PRIOR TO HEARING: $1,000.00
6
NON-MARITAL PROPERTY
plaintiff lists all property in which a spouse has a
legal or equitable interes~ which is claimed to be excluded from
marital property.
ITEM NUMBBR: 2 (d)
DESCRIPTION OF PROPE~: 1994 Pontiac Grand AM
(Wife's vehicle)
* This vehicle was purchased as a result of trading-in the
1990 Pontiac Grand Prix on January 29, 1994
NAHRS OF A~~ OWNERS: Kimberly A. Peffley
DATE OF ACOUISITION: January 29, 1994
COST/VAWB AS OF DATE OF ACOUISITION: $19,839.11
COST/VArJrE AS OF DATE OF SEPARATION (ADril 23. 1.9931: N/A
COST/VAurE 30 DAYS PRIOR TO HEARING: $9,400.00 - February 13, 1996
vehicle sold as trade-in
ITBH NUMBER: 2 (e)
DESCRIPTION OF PROPE~: 1996 Pontiac Grand AM GT coupe
(Wife'S vehicle)
* This vehicle was purchased as a result of trading in the
1994 Pontiac Grand AM on February 13, 1996
NAHRS OF A~~ OWNERS: Kimberly A. Peffley
DATE OF ACQUISITION: February 13, 1996
COS'l'./VArJrB AS OF DATE OF ACOUISITION: $17,000.00
COST/VAWB AS OF DATE OF SEPARATION (ADril 24. 1.9931: N/A
COST/VAurg 30 DAYS PRIOR TO HEARING: $17,000.00 - February 13, 1996
7
ITBN NUHBBR: 24 (c)
ITBH NUHBBR: 24 (b)
DESCRIPTION OF PROPERTY: Packard Bell Personal computer system
NANES OF A~~ OWNERS: Kimberly A. Peffley
Computer is currently in wife's Possession
DATE OF ACOUISITION: December 25, 1994, gift to Wife from Husband
COS'PNAFl1'B AS OF DATE OF ACOUISITION: Unknown, a gift
COS'PNAFl1'B AS OF DATB OF SEPARATION (ADrl1 24. 1993): N/A
COS'PNArJJ'B 30 DAYS PRIOR TO HEARING: N/A
DBSCRIPTION OF PROPERTY: 52 Inch Big Screen TV
NANES OF A~~ OWNERS: Kimberly A. peffley
Television is currently in Wife's possession
DATE OF ACOUISITION: 1991, gift to wife from Husband
COS'l'NATl1'B AS OF DATE OF ACOUISI'l'ION: Unknown, a gift
COS'P NAFl1'B AS OF DATE OF SEPARATION (ADri1 24. 1993): N/A
COS'PNAUJE 30 DAYS PRIOR TO HEARING: N/A
B
PROPERTY TRANSFERRED
Plaintiff lists all property in which either or both spouses
had a legal or equitable interest individually or with any other
person which has been transferred within the preceding three years:
H'BH RUHBER: 2 (b)
DRBCRIPrION OF PROPRRTY: 1990 Ford F150 Pickup Truck
NARRS OF A~~ OWNRRS: 1991 - Lee David Peffley, Jr.
- Kimberly A. Peffley
September 1995 - Lee David Peffley, Jr.
DATR OF ACOUISI'PION: 1991
DATB OF TRANSFB~ September 1995 - Vehicle sold
I'PRIf RUIfHRR: 2 (c)
DRBCRIPrION OF PROPERTY: 1990 Pontiac Grand Prix
(Wife's vehicle)
NARRS OF A~~ OWNRRS: 1991 - Kimberly A. Peffley
- Lee David Peffley, Jr.
January 29, 1994 - Kimberly A. Peffley
DATR OF ACOUISI'PION: 1991
DATB OF TRANSFBRL January 29, 1994 - Vehicle sold as trade-in
I'PRIf NUIfBRR: 2 (d)
DRBCRIPrION OF PROPRRTY: 1994 Pontiac Grand AM
(Wife's vehicle)
NARRS OF A~~ OWNRRS: Kimberly A. Peffley
DATR OF ACOUISI'PION: January 29, 1994
DATB OF 'l'RANSFRR: February 13, 1996 - vehicle sold as trade-in
9
LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to
the case at bar and itemizes the liabilities on the following
pages.
SR~tRRn:
( ) 1. Mortgage
( ) 2. JUdgements
( X ) 3. Liens
( ) 4. Other secured liabilities
UNSRMlDRn:
( X ) 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) 8. Notes payable
( X ) 9. Other unsecured liabilities
CONTINGENT OR DEFRRRRD:
( ) 10. Contracts of Agreements
( ) 11. promissory Notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
( ) 15. Other contingent or deferred liabilities
10
r
LIABILITIES 01' PARTIES
plaintiff lists all liabilities of either or both spouses
alone or with any person as of the date this action was commenced:
I'l'BH NUHBBR: 9 (a)
DRSCRIPTION OF LIABTLT'l'Y: Car Insurance for 1996 Grand Am GT Coupe
(Wife's vehicle)
NAHR OF ALL CRBn~RS/DRATORS: Kimberly A. Peffley
DATE ~TARTLT'l'Y WAS INCURRED: Prior to the filing of the Divorce
Action on June 21, 1995, Husband had provided wife with
Auto Insurance.
* Husband is responsible for Wife's Auto Insurance pursuant
to the August 2, 1995 Cumberland county Domestic
Relations Order (No. 730 support 1995, DR 24, 122)
NAHR OF INSURANCE COMPANY: Liberty Mutual Auto Policy
PERIODIC PAYMENT & AMOUNT: Yearly rate of $567.00
I'l'BH NUHBBR: 9 (b)
n~~RTPTION OF LIARTT~: Insurance for 1974 Ford Dump Truck
(Husband vehicle)
NAHRS OF ALL CRRD~RS/DEATORS: Lee David peffley, Jr.
* Husband is responsible for his own coverage
DATE fJABILT'l'Y WAS INCURRED: N/A
NAHR OF INSURANCE COHPANY: Liberty Mutual Auto policy
PERIODIC pAYNRNT & AMOUNT: Yearly rate of $301.00
11
ITBH HUHBBR: 9 (e)
DRRCRlPTION OF LlA8lLITY: Renters Insurance for apartment
(Wife's apartment)
NAIflfS OF AF.r. CRBDI'l'ORS/DBBI'ORS: Kimberly A. Peffley &
Lee David Peffley
D~B LlABILITY WAS INCURRED: Prior to the filinq of the Divorce
Action on June 21, 1995, Husband had provided Wife with
Renters Insurance.
* Husband is responsible for Wife's Renters Insurance
pursuant to the August 2, 1995 Cumberland cQunty Domestic
Relations Order (No. 730 support 1995, DR 24, 122).
NAHB OF lNSlJRANCB COHPANY: Liberty Mutual
PBRIODIC PAYHBH'l' & AHOUH'l': Yearly rate of $132.00
ITBH HUHBBR: 9 (d)
DBSCRIPTION OF LIABILITY: Blazer Finance Account
Account No. 100832-02
ReVOlving credit Line
NAIflfS OF ALL CRBDI'l'ORS/DBBI'ORS: Lee David Peffley, Jr. &
Kimberly A. Peffley
August 1995 - Lee David Peffley, Jr.
DATB LIABlLITY WAS INCURRED: When account was previously opened the
Account No. was 222075; this account was Daid in full in 1991
* Auqust of 1995 Account No. 100832-02 was reopened by
Husband. A $2,500.00 line of credit was extended. In
August of 1995, the balance was $1,674.73. Wife
contacted company requestinq this account be closed and
a new account be opened in Husband's name only since
Husband opened the account without her knowledge or
consent.
AHOUH'l' OF LIABILITY ON D~B AC'l'ION WAS COIIHBNCBD: See above
PBRIODIC PAYHBH'l' & AlfOUH'l': N/A
12
I'l'BH NUHBBR: 9 (e)
DBSCRIP'l'ION OF LIABILITY: Cellular Phone Account
NANRS OF A~~ CRBDITORS/DBBTORS: Lee David Peffley, Jr.
DNl'B LIABILITY WAS INCURRBD: Prior to separation
AHOUN'l' OF LIABIr.T'l'Y ON DNl'B ACl'ION WAS COIfHBNCBD: N/A
PBRIODIC PAYHBN'l' & AHOl/N'l': N/A
I'l'BH NUHBBR: 9 (f)
DBSCRIP'l'ION OF LIABILITY: Super Rite Account
NANRS OF A~~ CRBDITORS/DBBTORS: Lee David Peffley, Jr.
DNl'B LIABILITY WAS INCURRBD: N/A
AHOUN'l' OF LIABILT'l'Y ON DNl'E ACl'ION WAS COIfHBNCBD: N/A
PERIODIC PAYHBN'l' & AHOl/N'l': N/A
I'l'BH NUHBBR: 9 (g)
DBSCRIP'l'ION OF LIABILITY: Superite Credit Union
NANRS OF A~~ CRBDITORS/DBBTORS: Lee David Peffley, Jr.
DNl'B LIABILITY WAS INCURRBD: N/A
AHOl/N'l' OF LIARTT.T'J'V ON DNl'B ACl'ION WAS COIfIfENCBD: N/A
PBRIODIC PAYHBN'l' & AHOl/N'l': N/A
I'l'BH NUHBBR: 3 (a)
DESCRIP'l'ION OF LIABILITY: Car payment for 1996 Grand AM GT Coupe
(Wife's vehicle)
NANRS OF A~~ CREDITORS/DEBTORS: Kimberly A. Peffley
DNl'B OF ACOUISITTON: February 13, 1996
COST/VATJ7'B AS OF DNl'B OF lICOUISITION: $17,000.00
PBRIODIC PAYHBN'l' & AHOl/N'l': Monthly payments of $272.00
13
I'l'BM NUMBBR: 1 (a)
DBSCRTP'l'ION OF f.TABILITY: Loan at PSECU
NANB8 OF A~~ CRRDTTOR8~DRBTOR8: Kimberly A. peffley
D~R ~TABILP.rY WAS INCfJRRRD: prior to separation
AIIOUII'P OF L.TABIf.P.rY ON D~E N!'l'TON WAS COIfIIRNCRD: $2,500.00
PBRmDIc PAYIf.BII'P " AllOUII'P: Biweekly payments of $30.00
I'l'BII NUMBBR: 5 (a)
DBSCRIP'l'ION OF LIASTLITY: Sears credit Card
Account No. 0363566013316
NAIIB8 OF AU. cRRDI'l'OR8~DBBTOR8: Kimberly A. peffley
DM'R LIABTfJ'l'Y WAS INCURRRD: Prior to separation
AIIOUII'P OF LIABTf.TTY ON D~B N!'l'ION WAS COIf.If.ENCBD: $2,500.00
PBRIODIC PAYIIBII'P " AllOUII'P:
Monthly payments of $52.00
I'l'BII NUMBBR: 5 (b)
DBSCRIP'l'ION OF LIABILITY: Bonton credit Card
Account No. 066-582-925
NANBS OF AU. cRRDI'l'OR8~DRBTOR8: Kimberly A. peffley
D~R LIABILI'l'Y WAS INCURRRD: Prior to separation
AIIOUII'P OF LIABILITY ON D~R N!'l'ION WAS OOIf.lf.BNCRD: $636.56
PERIODIC PAYIIBN'1.' " AIIOUN'1.':
Monthly payments of
$65.00
I'l'BM NUMBBR: 5 (c)
DE.qcRIP'l'ION OF LIABILITY: Fashion Bug Credit Card
Account No. 600466570245188
NANB8 OF AU. CRRDI'l'OR8~DRBTOR8: Kimberly A. Peffley
D~B LIABILITY WAS TNCURRRD: Prior to separation
AIIOUII'P OF LIABILITY ON D~R N!'l'ION WAS COIIJfENCED: $1,000.00
PRRIODIC PAYIIBII'P " AllOUN'1.':
Monthly payments of
$50.00
14
.l'l'EH NUHBBR: 5 (d)
DESCRIPTION OF LIABILITY: Beldens Credit Card
Account No. 3002610659
NAIIRS OF AT.T. CRRDI'l'ORSIDRBl'ORS: Kimberly A. Peffley
DATR LIABILITY WAS INCURRED: Prior to separation
AllOUN'1' OF LIABILITY ON DATR AC'l'ION WAS COIfIIRNCRD: $879.10
PRRIODIC PAYIfEN'1' .Ii AllOUN'1': Monthly payments of $145.00
.l'l'BH NUHBBR: 5 (e)
DRSCRIPTION OF LIABILITY: JC Penny Credit Card
Account No. 087-076-424-8
NAHRS OF AU. CRRDI'l'ORSIDEBl'ORS: Kimberly A. Peffley
DATR LIABILITY WAS INCURRED: Prior to separation
AIfOUN'1' OF LIABILITY ON DATE AC'l'ION WAS COIIIIRNCRD: $567.74
PRRIODIC PAYIfEN'1' .Ii AHOUN'1': Monthly payments of $65.00
.l'l'BH NUHBRR: 5 (f)
nR,<u'RIPTION OF LIABILITY: Hechts Credit Card
Account No. 1BO-569-031
NAHRS OF JIf.T. CRRDI'l'ORSIDRBl'ORS: Kimberly A. Peffley
DATR LIABILITY WAS INCURRED: Prior to separation
AllOUN'1' OF LIABILITY ON DATE AC'l'ION WAS COIfHENCRD: $143.65
PRRIODIC PAYIfEN'l' .Ii AllOUN'1':
Monthly payments of $15.00
.l'l'BH NUHBRR: 5 (g)
DRSCRIPTION OF LIABILITY: Sears Credit Card
NAHRS OF A~~ CRRDI'l'ORSIDRB'l'ORS: Lee David Peffley, Jr.
DATR LIABILITY WAS INCURRED: Prior to separation
AllOUN'l' OF LIABILITY ON DATR AC'l'ION WAS COHIfENCRD: N/A
PRRIODIC PAYIfEN'1' .Ii AIfOUN'l': N/A
15
~'-:'i~. :
I'l'BIf BUHBBR: 5 (h)
DBSCRIP'l'ION OF LIABILI'PY: Members Bank Account
NANRS OF A~~ CREDITORS/DBBTORS: Lee David Peffley, Jr.
DA'I'B LIABTI.T'I'Y WAS INCURRBD: Prior to separation
JIIfOUN'l' OF r.uRTr.r'l'Y ON DA'I'B ACTION WAS COIfIfBNCBD: N/A
PBRIODIC PAYIfBN'l' <Ii JIIfOUN'l': N/A
I'l'BIf BUHBBR: 5 (i)
DBSCRIP'l'ION OF LIABILI'PY: Lowes Account
Lee David Peffley, Jr. construction, Business
NANBS OF A~~ CREDITORS/DEBTORS: Lee David Peffley, Jr.
DA'I'E LIABILI'PY WAS INCURRED: N/A
AIfOUN'l.' OF LIABILI'PY ON DA'I'E ACTION WAS COIIIfENCBD: N/A
PBRIODIC PAYIfBN'l' <Ii AIfOUN'l.': N/A
I'l'BH BUHBBR: 5 (j)
DESCRIP'l'ION OF LIABILI'PY: Bankcard Services Account
NANRS OF A~~ CREDITORS/DEBTORS: Lee David Peffley, Jr.
DA'I'E LIARTI.T'I'Y WAS INCURRED: N/A
ANOUN'l' OF LIABILI'PY ON DA'I'B ACTION WAS COIIIfENCBD: N/A
PERIODIC PAYIfBN'l' <Ii AIfOUN'l.': N/A
I'l'BIf BUHBBR: 5 (k)
DBSCRIP'l'ION OF LIABILITY: MBNA Amf!rica Account
MC 5329 0027 5412 3353
NANES OF A~~ CREDITORS/DBBTORS: Lee David Peffley, Jr.
DA'I'B LIABILI'PY WAS INCURRED: N/A
AIfOUN'l.' OF LIABTT.I'I'Y ON DA'I'B ACTION WAS COIIIfBNCBD: N/A
PBRIODIC PAYIfBN'l' <Ii JIIfOUN'l': N/A
16
rJ'EII NUIlBER: 5 (1)
DESCRIPTION OJ' I.IAB1LI'l'Y: HBNA America Account
HC 5329 0027 5412 2355
NAIIES OJ' A~~ CREDITORS/DEBTORS: Lee David Peffley, Jr.
DM'E LIABILI'l'Y ",AS INCURRED: N/A
AIfOUN'l' OJ' LIABILI'l'Y ON DM'E AC'l'ION ",AS COIfIfENCED: N/A
PERIODIC PAYIfBN'l' "AIfOUN'l': N/A
rJ'BIf NUIlBER: 5 (.)
DESCRIPTION OJ' LIABILI'l'Y: HBNA America Account
MC 5329 0027 4302 8713
NAlfRS OJ' A~~ CREDITORS/DEBTORS: Lee David peffley, Jr.
DM'E LIABTI.l'l'V ",AS INCURRED: N/A
AIfOUll'P OJ' LIARlI.l'l'V ON DM'E AC'l'ION ",AS COIfIfBNCED: N/A
PERIODIC PAYIfBN'l' " AlfOUN'l': N/A
rJ'BIf NUIlBER: 5 (n)
DESCRIPTION OJ' LIABILI'l'Y: HBNA America Account
MC 5401 2648 5102 8411
NAlfRS OJ' A~~ CREDITORS/DEBTORS: Lee David Peffley, Jr.
DM'E LIABlI.l'l'V ",AS INCURRED: N/A
AIfOUll'P OJ' LIART{J'l'Y ON DM'E AC'l'ION ",AS COIfIfBNCED: N/A
PERIODIC PAYIfBN'l' " AlfOUN'l': N/A
rJ'EII NUIlBER: 5 (0)
DESCRIPTION OJ' LIARTr.I'l'Y: MBNA America Account
MC 5329 0027 5411 8221
NAIIES OJ' A~~ CREDITORS/DEBTORS: Lee David Peffley, Jr.
DM'B LIABILI'l'Y ",AS INCURRED: N/A
AIfOUll'P OJ' LIABILI'l'Y ON DM'E AC'l'ION ",AS COIfIfBNCED: N/A
PERIODIC PAYIfBN'l.' " AIfOUll'P: N/A
17
Law
...... a_a
- - -- - --
U"I"
INC,
Voro Beach. FL 32965
.
1 (800) 368,8086
PO Box 650549
.
In AK (407) 778-2883
DEFERRED VESTED APPRAISAL USING PBGC ANNUITY RATES
DATE OF REPORT: 11 / 1 / 95
ATTORNEY: Sanford A, Krevsky
PENSION HOLDER: Kimberly A. Peffley
FEMALE
DOB: 6 / 6 / 54
PENSION PLAN: PA State Employers Retirement System
APPRAISAL DATE: 4 / 24 / 93
AGE: 3B.B3
DEFERRED ACCRUED PENSION INCOME COMMENCEMENT DATE: 6 / 6 / 14
AGE ON PENSION INCOME COMMENCEMENT DATE: 60,00
ANNUAL PENSION INCOME:
$B.529
PBGC DATA:
ULTIMATE RATE =
LOADING: 1652,95
INITIAL RATE
5.75 %
EFFECTIVE
= 6 I 3 " VRS: 20
PBGC FACTOR: 3,4071
FACTOR: 3,6009 MORT, TABLE: VI I I
APPRAISAL DATE PRESENT VALUE OF ACCRUED PENSION BENEFIT:
PRESENT VALUE ADJUSTED TO REPORT DATE (PBGC % Factors):
$30,712
$35,107
MARRIAGE DATE: 1 / 2 / 79
EMPLOYMENT DATE: 6 / 1 / 77
MARITAL COVERTURE * OF PRESENT VALUE: 90.00* AMOUNT: '31,595
(Report date value of the pension attributable to the marriage.)
COVERTURE VALUE, ASSUMING 50-50 SPLIT. TO SPOUSE:
$15.797
% OF ACTUAL MONTHLY PENSION INCOME TO BE PAID TO SPOUSE BASED ON REPORT
ASSUMPTIONS IF QUALIFIED DOMESTIC RELATIONS ORDER IS USED: 45.00%
The foregoing appraisal is based on objective actuarial data from the
Pension Benefit Guaranty corporation, a U.S, Government agency, The
appraisal date value was adjusted using the applicable PBGC interest
rate less 1%, 5.3 % , compounded annually to the date of this report.
This report identifies the present value of a pension plan providing
an annual income for life. No actuarial deviations were made. It does
not consider any savings (Defined Contribution) plans (401(k), ETC,).
This report reflects the opinion of LawDATA, Inc. as to the pension
values involved. It is based on the information submitted with this
appraisal request. ANY QUESTIONS? PLEASE CALL BEFORE WRITING.
1.~;;t'l!XfIlBIT'"" "
. 'l!:\~t:.,r,'.i_<~," \"",<:~;~,'r,:
.:1fiE:~:" ",';
KIMBERLY A. PEFFLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 civil Term
CIVIL ACTION - LAW
IN DIVORCE
v.
LEE DAVID PEFFLEY, JR.,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this /U~ay of February, 1996, I, Lisa A. Rice, for
the Law Office of Sanford A. Krevsky, hereby certify that a copy of
the foregoing Inventory and Appraisement was served upon the
fOllowing by U.S. First Class Mail:
PAUL J. ESPOSITO. ESQUIRE
GOLDBERG, KATZMAN & SHIPMAN
320-A MARKET STREET
HARRISBURG, PA 17101
E. ROBERT ELICKER, II, ESQUIRE
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISLE, PA 17013
d~~L(.
Lisa A. Rice
1101 North Front Street
HarriSburg, PA 17102
(717) 234-4583
18
"
l
"
.
"
.
TO
mu~~~TD~
WITHIl TW!NTY 1201 IlAYlI Of' _
l'!! HEREDFIlI! Cll A ~ oVPG'lENT
-. ENTEIlED AlIAINlIT 'I'llU.
rtt
AII-.UEY
&anfllrb .Alan &eusku
ATTORNEY fliT LNN
\101 N, FRONT STREET
HARAlSBURG, PENNSYlWIA
717-234-4583
WE DO tERESY ten,... THAT TIE
WlTHN IS A TIQ! AN:l CORRECT
00fI'( Of' TIE 0RlGIW. FI.ED N T1t8
ACTION,
BY 2-( ?-qt;, ~
ATTORNEY
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KIMBERLY A. PEFFLEY,
Plaintiff
.
.
.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3347 civil Term
v.
LEE DAVID PEFFLEY, JR.,
Defendant
:
CIVIL ACTION - LAW
IN DIVORCE
.
.
SUMMARY
.QE
pT.AINTIFF'S EXPENSE
(as of February 14, 1996)
LEGAL FEES
BIT.T.TIiG DNPE
AHOUN'l' WE
$ 1,013.00
240.50
575.00
136.00
560.00
10/19/95
06/19/95 (filing fee)
12/06/95
01/25/95
02/14/95
TOTAL
==____=:11=
$ 2,524.50
Less Adjustments
06/06/95
06/15/95
10/20/95
11/03/95
11/06/95
11/27/95
01/30/96
- $
400.00
440.50
50.00
50.00
50.00
50.00
100.00
=========
TOTAL $ 1,140.50
BALANCE OilING $ 1,384.00
TO SANFORD A. KRBVSKY, ESQUIRE
EXPENSES
COST FOR PENSION APPRAISAL
$
100.00
-
~llllrllrb 'J'IIlU' ~re\l9hu
ATTORNEY AT LAW
1101 N. FRONT STREET
HARRISBURG, PENNSYLVANIA 17102
117.234-4583
KIMBERLY PEFFLEY
114 N. RAILROAD STREET
APARTMENT ONE
HUHHELSTOWN, PA 17036
October 19, 1995
FOR PROFESSIDNAL SERVICES RENDERED
6/6/95 Received Retainer - Thank You - $200.00
6/6 Received monies for Trust $200.00
6/15 Received monies for Trust $40.50
ma====-======_a
6/19 Filing fee to cumberland County - $240.50
6/15 Received Retainer - Thank You - $400.00
6/6
6/8
6/19
6/26
7/6
7/13
7/24
7/25
7/27
8/1
8/1
8/2
Meeting with client (1.5)
Phone conference with client: memo (.2)
Preparation and filing of Divorce Complaint
Letter to Lee with service of complaint
(Certified Mail) (.3)
Letter to Cumberland county, filing of
Affidavit of Service (.3)
Letter to Atty. Esposito (RE: support) (.3)
Letter to client (RE: Support) (.2)
phone conference with client (2): memos (RE:
support) (.5)
Review of letter from Atty.Esposito (RE:
support) (.2)
Phone conference with client: memo (RE:
support) (.2)
Letter to Atty. Esposito (.3)
preparation of Income and Expense Statement:
Preparation for and Attendance at support
Hearing
127.50
17.00
150.00
25.50
25.50
25.50
17.00
42.50
17.00
17.00
25.50
250.00
jiun{url'l J\ll1lt ~rr\l8lt\l
ATlORNEY AT LAW
1101 N. fRONT STREET
ItARRISBURO, PENNSYLVANIA 17102
717.234-4583
KIMBERLY PEFFLEY
OCTOBER 19, 1995
PAGE 2
fOR PROFESSIONAL SERVICES RENDERED
B/3
8/9
8/10
8/11
8/16
9/13
9/13
9/15
9/28
10/12
Phone conference with client, memo (RE:
support) ( .3) 25.50
Phone conference with client, memo (RE:
support) ( .2) 17.00
Letter to client (RE: support) ( .3) 25.50
Phone conference with client; Review of letter
from client, Letter to Blazer Consumer
Discount company (.5)
Phone conference with Blazer representative;
memo (.4)
Review of letter from Atty. Esposito; Letter
to client (RE: support) (.4)
Phone conference with client; Review of letter
from Blazer (.2)
Letter to client (RE: support) (.2)
Phone conference with Atty. Esposito; Review
of letter from Domestic Relations; Letter to
client (.5)
Review of letter from Atty. Esposito; letter
to client (.2)
42.50
34.50
34.50
17.00
17.00
42.50
=====m======_=s-==aaaa
17.00
BALANCE
LESS CREDIT FOR MONIES RECEIVED
PLEASE PAY BALANCE DUE
$1,013.00
- $600.00
==_=__===m==_a.====--=
$413.00
~1l1l{l1rb J\llln ~reb9ltu
ATTORNEY AT LAW
. 1101 N, FRONT STREET
HARRISBURO, PENNSYLVANIA 17102
117-234-4583
KIMBERLY PEFFLEY
114 N. RAILROAD STREET
APARTMENT ONE
HUMMELSTOWN, PA 17036
FDR PROFESSIONAL SERVICES RENDERED
n__8_h8~ ~ 1QQ~
10/19/95 Previous Balance $413.00
10/20/95 Received Payment - Thank You - $50.00
11/03/95 Received Payment - Thank You - $50.00
11/06/95 Received Payment - Thank You - $50.00
11/27/95 Received Payment - Thank You - $50.00
10/19 Meeting with client (1.5) 127.50
10/20/95 Received Monies for Pension Appraisal
Place into Trust Account (100.00)
NEW CHARGES
PREVIOUS BALANCE
TOTAL
LESS MONIES RECEIVED
PLEASE PAY BALANCE DUE
10/27
10/31
'11/3
11/28
Preparation of Documents for Pension
Appraisal; letter to Law Data
(.6) 48.00
Fee for Appraisal, Law Data (Trust Account) (- 100.00)
Preparation of Marital Settlement Agreement;
Letter to Atty. Esposito with Marital
Settlement Agreement (2.6) 221.00
Review of Pension Appraisal; letter to client
(.4) 34.00
Review of letter from Atty. Esposito; Meeting
with client; preparation of and letter to
Atty. Esposito (1.7) 144.50
=======a=====m=_======_
$575.00
$413.00
..
I
=================--====
$988.00
- $200.00
====================__a
$788.00
~UII{llrll J\lun lRreb9ltu
ATTORNEY Af LAW
nOI N. FRONT STREET
ItARRISDURO, PENNSYLVANIA 11102
7\7,234-4583
KIMBERLY PEFFLEY
114 N. RAILROAD STREET
APARTMENT ONE
HUMHELSTOWN, PA 17036
FDR PROFESSIONAL SERVICES RENDERED
"T1to""SU-1'''c:;, 1 QQ':;'
12/6/95
12/1
1/10
1/16
1/22
Revised letter to Atty. Esposito (.3)
Review of letter from Atty. Espositol phone
conference with client (.3)
preparation and filing of Motion for
Appointment of Master I letter to client with
Income and Expense statement (.7)
Letter to Atty. Esposito with Motion for
Master (.3)
Previous Balance
NEW CHARGES
PREVIOUS BALANCE
PLEASE PAY BALANCE DUE
$788.00
25.50
25.50
59.50
25.50
=================asas_s
$136.00
$788.00
====m============-=-=.a
$924.00
jillllfllrb J\luil ~re\lBIt\!
ATTORNEY AT LAW
1101 N. FRONT STREET
HARRISBURG, PENNSYLVANIA 17102
717.234-4583
KIMBERLY PEFFLEY
114 N. RAILROAD STREET
APARTMENT ONE
HUMMELSTOWN, PA 17036
February 14, 1996
FOR PRDFESSIONAL SERVICES RENDERED
NEW CHARGES
PREVIOUS BALANCE
TOTAL
LESS MONIES RECEIVED
PLEASE PAY BALANCE DUE
1/25/95
1/30/96
1/26
1/25 -
2/14
2/14
2/14
",.
"rl.,.
previous Balance $924.00
Received payment - Thank You - $100.00
Review of letter from Master (.2) 17.00
preparation of Inventory & Appraisal; Income
and Expense statement & Pre-Trial statement;
phone conferences with client; meetings with
client 475.00
Letter to Master & Atty. Esposito RE: Service
of Master's documents (.5) 42.50
Letter to Blazer Finance corporation (.3) 25.50
=======================
$560.00
$924.00
========================
$1,484.00
- $100.00
=======================
$1,384.00
GOLDBERG, KATZMAN '" SHIPMAN, P,C.
Paul J. &posito -1.0. nS454
Attorneys for Defendant
320 Market 51.. P.O, Box 1268
Harrisburg. PA 17108-1268
(717) 2344161
KIMBERLY A. PEFFLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
NO. 95-3347 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
v.
LEE DAVID PEFFLEY, JR.,
Defendant
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Kindly enter the appearance of Goldberg, Katzman & Shipman, P.C. and Paul
J. Esposito, Esquire, in behalf of Lee David Peffley, Jr" Defendant in the above-captioned
action.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
-', 2)!{ ^
~ '1'
By : ',l.uJ I;'(.'-t"u.;;{
PAUL]. ESPOSITO, ESQUIRE
320E Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court ID #25454
Attorneys for Defendant
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ATTORNEY AT LAW
1101 N, FRONT STREET
HARRISSURG. PENNSYLVANIA 17102
717-234-4583 FAX 717-234-3650
BANFORD A. KREVSKY, ESQUIRE
LAWRENCE J, ROSEN. ESClUIRE
February 19, 1996
E. ROBERT ELICKER, II, ESQUIRE
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY COURT OF COMMON PLEAS
9 NORTH HANOVER STREET
CARLISE, PA 17013
RE: Kimberly A. Peffley vs. Lee David Peffley, Jr.
No. 95 - 3347
In Divorce
Dear Mr. Elicker:
Enclosed please find page three of Plaintiff, Kimberly A.
peffley's Income and Expens~ statement, and pages two and three of
her Pre-Trial statement, relative to the above-referenced Master's
Hearing. Please replace the original pages of the documents with
the enclosed pages.
After reviewing Ms. peffley's documents we discovered mistakes
with some of the figures. I apologize for any inconvenience that
this may have caused.
Thank you for your time and consideration in handling this
matter. If you have any questions, feel free to contact my office.
Very truly yours,
;;.x;-~""
'--
Sanford A. Krevsky
SAK;kdr
Enclosures
pc:
Paul J. Esposito, Esquire (w/enclosures)
Kimberly A. peffley (w/enclosures)
.
Honthly Yearly
330.00 3,960.00
149.00 1,788.00
'/5.00 900.00
18.33 220.00
EXPENSES
lIQJlB. :
Rent
U'l'ILI'l'IES:
Electric & Heat
'l'elephone
TAXES:
occupational, Real Estate
& Personal
MEDICAL:
Doctor\Dentist
* counseling
AIJ'l'OMOBI LE:
Year/Model:
1996 Pontiac Grand AM GT
payments
** Insurance
Parking
WANS:
credit Cards
MISCELLANEOUS:
Vacation/Entertainment
Legal Fees
Cable TV
contributions
other:
- Food
- Clothing
- Household supplies
** Renter's Insurance
TOTAL EXPENSES
50.00
320. .00
600.00
3,840.00
coupe
272.00
42.08
40.00
3,264.00
505.00
480.00
392.00
4,704.00
600.00
208.33
22.13
16.67
7,200.00
2,500.00
265.56
200.00
325.00
100.00
50.00
11.00
3,900.00
1,200.00
600.00
132.00
==================================
$ 3,021.54
$ 36,258.56
* Wife pays $80.00 per counselling session. These receipts
are submitted to her Major Medical and she is reimbursed
$35.00 for each visit. 'l'herefore, this leaves a
remaining unpaid balance of $45.00.
~~~ .
(con't on next page)
3
4. The Plaintiff wishes to enter exhibits, such as:
Plaintiff's Income &
Expense statement
Plaintiff's Income Tax Return
Defendant's Income Tax Return
Filed with the Court
Provided at the Hearing
Provided at the Hearing
Plaintiff's Inventory
& Appraisal
Plaintiff's pension Appraisal
Filed with the Court
Filed with Inventory
and Appraisal
5. Plaintiff has a bi-weekly income of $1,201.50 gross or
$748.67 net, which is itemized in the Income and Expense statement
which was filed with the Court on the same day as this document.
6.
Plaintiff's monthly expenses are $3,021.54.
An
itemization of these expenses has been set forth in the Income &
Expense statement which was filed with the Court on the same day as
this document.
7. Plaintiff has incurred counsel fees (as of February 14,
1996) in excess of $2,500.00. A detailed itemization of these
services have been filed with the Court on the same day as this
document.
8. The appropriate percentage distribution of assets are the
matters in dispute and Plaintiff's proposal for resolution of this
economic issue is further defined in answer ten (10).
9. A list of marital assets including the amount of each
martial asset, is listed in plaintiff's Inventory and Appraisal
filed with the Court on the same day as this document.
2
10. Plaintiff and her attorney propose a split of 65% to
Plaintiff and 35% to Defendant as appropriate. The reasons for
this distribution is based on, but not limited to, the following:
1. Length of marriage, 17 years:
2. Husband's infidelity:
3. No issue of marriage:
4. Wife's role as major financial support of
household:
5. Sales Agreement monies payable to husband
6. Dunning by Husband's creditors:
Respectfully submitted:
DATE: ~- 1<\ - q G
Sanfo d A. Krevsky, sire
Attorney for Plaintif
1101 North Front street
Harrisburg, PA 17102
(717) 234-4583
I.D. No. 15560
3
.. ----v
KIMBERLY A. PEFFLEY,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: NO. 95 - 3347
LEE DAVID PEFFLEY, JR.,
Defendant
: IN DIVORCE
ORDER OF COURT
\ s r Il
day of f./, II'--j
the proceedings having been
AND NOW, this
1996, the economic claims raised in
resolved in accordance with a marital settlement agreement dated
May B, 1996, the appointment of the Master is vacated and
counsel can file a praecipe transmitting the record to the Court
requesting a final decree in divorce.
BY THE COURT,
Jtc<-'// ~. Jl
Harold E. Sheely, P.J.
cc:
Sanford Alan Krevsky
Attorney for plaintiff
Paul J. Esposito
Attorney for Defendant
. ')O'..;.ti(tt 5/13/'1'
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THIS AGREBMBN'l' made this
;&'Jh
day of
:.~Lr
,
IN THB COUR'l' OF COHMON PLBAS
CUHBBRLAHD COUH'l'Y
KIHBBRLY A. PBFFLBY V. LBB DAVID PBFFLBY, JR.
DOCKB'l' NO. 95-3347 CIVIL LIW
M.AR:r'TW.A T. SETTLEMENT Ar.:R"P!R""RN'TW
1996,
by and between KIHBBRLY A. PEFFLBY,
called
"Wife",
AND
LBB DAVID PBFFLBY, JR., hereinafter called "Husband".
WI'l'NBSSB'l'H:
WHEREAS, Husband and Wife were married on January 2, 1979 in
Towson, Maryland; and
WHBREAS, no children were born of this marriage; and
WHBREAS, certain differences have arisen between the parties
as a result of which they separated on April 24, 1993 and now live
separate and apart from one another, and are desirous, therefore,
of entering into an Agreement which will distribute their marital
property in manner which is considered to be an equitable division
of all joint property, and will provide for the mutual
responsibilities and rights growing out of the marriage
relationship; and
WHEREAS, there has been a complete disclosure of the earnings
and property of each party, and each understands his\her rights
under the Divorce Code of the Commonwealth of Pennsylvania; and
WHBRBAS, the parties hereto, after being properly advised by
their respective counsel, Wife by her attorney, Sanford A. Krevsky,
and Husband, by his attorney, Paul J. Esposito, or by himself,
waiving counsel, have come to the agreement, which follows. The
parties heretofore, intending to be legally bound, covenant,
promise and agree as follows:
1. CONSIDBRATION. The consideration for this Agreement is
the mutual promise, covenants and agreements herein contained.
2. SBPARATION. It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place or places as he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as an
admission on the part of either party of the lawfulness of the
causes leading to their living apart.
3. NO INTERFERBNCE. Each party shall be free from
interference, authority and control, direct or indirect, by the
other, as fully as if he or she were single and unmarried.
4. COUNSEL FEES.
A. Husband agrees to pay all counsel fees incurred by
him since the separation of Husband and Wife.
B. Wife agrees to pay all counsel fees incurred by her
since the separation of Husband and Wife.
5. SUPPORT. Husband shall pay spousal support to Wife
during the pendency of the Divorce proceedings in an amount
registered with the Cumberland County Domestic Relations under
Docket No. 730 1995. Credits will be provided to Husband as
2
follows: Renter's Insurance, and Car Insurance payments made on
behalf of wife. Additionally, Husband shall pay 60\ of Wife's
uncovered medical costs.
6. ALIHONY. Husband shall pay to Wife alimony for a period
of three ( 3 ) years commencing on the date of execution hereof.
The amount of said alimony payment will be $ 50.00 a week, plus
Husband shall be responsible for Wife's Renter's Insurance and Auto
Insurance for a period of three ( 3 ) years commencing on the date
of execution hereof. said alimony payments and insurance shall
terminate earlier only upon death or remarriage of Wife,
cohabi tat ion of Wife with a paramour, or the death of Husband.
Said alimony payments shall be included in wife's income and
deducted from Husband's income for tax purposes.
7. WAIVBR OF PBNSION BENEFITS. Husband and Wife agree that
each shall execute any documents necessary to release and waive
forever any right, title or interest each party may have in the
other party's retirement plan (which is defined to mean pension,
profit-sharing, or any other plan or account or retirement or
deferred income). Each party agrees to execute whatever documents
are required to effectuate the purpose of this paragraph. Each
party appoints the other as attorney-in-fact for the purpose of
consenting to any election under any plan under Section 417 of the
Internal Revenue Code or Section 205 of the Employee Income
Security Act of 1974. It is specifically agreed that each party's
rights under their respective retirement plans constitute their own
separate property.
3
8. WIFB'S DEBTS. Wife represents and warrants to Husband
that since the separation she has not and in the future will not
contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband
harmless from any and all claims or demands made against him by
reason of debts or obligatio~s incurred by her.
9. HUSBAND'S DEBTS. Husband represents and warrants to Wife
that since the separation he has not and in the future will not
contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save Wife
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
10. OU'l'S'l'ANDING DEBTS. The parties acknowledge and agree
that they have no outstanding debts obligations incurred prior to
the signing of this Agreement, except as follows:
1. MEMBERS BANK ACCOUNT ( Formerly Defense Activities
Federal Credit union AKA DAFCU)
2. CELLULAR PHONE ACCOUNT
3. 401 K PLAN ACCOUNT
4. BLAZER FINANCE ACCOUNT
5. LOWES ACCOUNT
6. SUPERITE CREDIT UNION
7. BANKCARD SERVICES ACCOUNT
8. MBNA AMERICA ACCOUNT - MC 5329 0027 5412 3353
9. MBNA AMERICA ACCOUNT - MC 5329 0027 5412 2355
10. MBNA AMERICA ACCOUNT - MC 5329 0027 4302 8713
11. MBNA AMERICA ACCOUNT - MC 5401 2648 5102 8411
4
12. MBNA AMERICA ACCOUNT - MC 5329 0027 5411 8221
13. SEARS ACCOUNT - Husband's Account
14. AUTOMOBILE INSURANCE - for both Husband's and Wife's
vehicles
15. RENTER'S INSURANCE for Wife's Apartment
16. SEAR'S ACCOUNT
l
"
17. PENNSYLVANIA STATE EMPLOYEE'S CREDIT UNION (AKA PSECU) .
.
A. HUSBAND
with regard to the above enumerated debts, Husband shall
assume full responsibility for ultimate satisfaction of debts Hos.
1 through 13.
Husband shall indemnify, defend and hold Wife
harmless from any claim or demand made against that party by reason
of such debts.
Regarding debts Nos. 14 (Automobile Insurance for Wife's
vehicle) and 15 (Renter's Insurance for Wife's apartment), Husband
will assume sole responsibility and indemnify Wife for payments on
these accounts for a period of ( 3 ) three years commencing on the
date of execution hereof.
B. JUfE
with regard to the above enumerated debts, Wife shall assume
full responsibility for ultimate satisfaction of debt Hos. 16
(Sears) and 17 (PSECU). Wife shall indemnify, defend and hold
Husband harmless from any claim or demand made against that party
by reason of such debts.
C. POST SEPARATION DISTRIBUTION
In the event that either party contracted or incurred any
debts since the date of separation, the party who incurred said
5
----""'~ -..-.
) ~,,_.-.. ,....,.-
......... ,.......""__"1.
-
debt shall be responsible for the payment thereof, regardless of
the name in which the account may have been charged, and such party
shall indemnify, defend and hold the other party harmless from ny
claim or demand made against that party by reason of such debt.
11. DIS'l'RIBU'l'ION OF PROPERTY.
A. REALTY
The parties are owners of real estate located at 16th and
Swatara street, Harrisburg, Dauphin County, Pennsylvania. said
property is currently subject to an Agreement of Sale wherein the
parties are sellers. To the extent that there is any equity in
said property, Husband shall become the exclusive owner, and as
such is both entitled to any proceeds, but is also responsible for
any expenses, taxes, or other costs associated with its maintenance
and ownership. Husband's rights includes, but are not limited to,
default by the buyers. Wife will execute any documents required to
effectuate the purpose of this paragraph.
B. Household Procerty.
Including the items below, the parties hereto have divided
between themselves, their mutual satisfaction, all items of
tangible and intangible marital property. Neither party shall make
any claim to any such items of marital property, or of the separate
personal property of either party, which are now in the possession
and/or under the control of the other. Should it become necessary,
the parties will agree to sign, upon request, any title or
documents necessary to give effect to this paragraph. Property
shall be deemed to being the possession or under the control of
6
either party if, in the case of tangible personal property, the
item is physically in the possession or control of the party at the
time of the signing of the Agreement and, in the case of intangible
personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control
of the party.
Husband and Wife shall each be deemed to be in the possession
and control of their own individual pension or other employee
benefit Dlans or retirement benefits of any nature to which either
party may have a vested or contingent right or interest at the time
of the signing of this Agreement, and neither will make any claim
against the other for any interest in such benefits during the
period of separation, except as stated herein or subsequently
agreed upon in writing.
Both parties agree that Wife shall maintain sole possession
and ownership of the Packard Bell Personal ComDuter Svstem that is
currently in her possession.
Both parties agree that Wife shall maintain sole possession
and ownership of the 52 Inch Big Screen Television that is
currently in her possession.
C. Business Eouipment.
The parties hereto mutually agree that Husband shall have
exclusive possession and ownership of all Business Equipment
associated with Husband's Construction Business.
7
D. Proceeds from Realty Holdinas.
The parties are currently titled owners of a three-unit
apartment building located at 16th and Swatara streets, Harrisburg,
Dauphin County, Pennsylvania. said property is currently under an
Agreement to be sold to Rodney and Kelly Hollenbaugh. The proceeds
of the sale are currently only payments on the interest; these
monthly payments of $99.11 are to be received by Husband. Husband
hereby insulates and holds harmless Wife relative to any debt on
this property, through mortgages, liens, maintenance, utilities,
taxes or any other expenses relating to the property.
E. Motor Vehicles.
Wife shall retain possession and ownership of the ~
Grand AM GT COUDe presently in her possession, as it constitutes
non-marital property. In consideration thereof, Wife shall assume
full responsibility for payment and eventual satisfaction of any
and all liens presently encumbering the vehicle, and to indemnify,
defend and hold Husband harmless for the same during the period of
the parties' separation. Husband hereby agrees to sign any
documents necessary to authorize possession of said vehicle at any
time, upon demand, and further shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this
provision.
Husband shall retain sole possession and ownership of the llll
Ford DUmD Truck presently in his possession. In consideration
thereof, Husband shall assume full responsibility for payment and
eventual satisfaction of any and all liens presently encumbering
8
the vehicle, and to indemnify, defend and hold Wife harmless for
the same during the period of the parties' separation. Wife hereby
agrees to sign any documents necessary to authorize possession of
said vehicle at any time, upon demand, and further shall indemnify
Husband for any costs, including actual counsel fees, incurred by
Husband to enforce this provision.
12. HBDICAL INSURANCE. Both parties agree to continue to pay
for coverage on their respective medical insurance, including Blue
cross, Blue Shield, prescription, dental, and eyeglass coverage.
Until the divorce is final, Husband shall pay 60\ of Wife's
uncovered medical costs as outlined in the Order of support
registered at the Cumberland County Domestic Relations Office.
13. TAX RETURNS. Both parties agree that they shall file
separate federal tax return for tax years 1995 and 1996. Husband
and Wife shall pay all of his or her tax liability associated with
such federal tax return and be solely entitled to any receipts
associated therewith. Both parties shall be responsible for their
own state and local tax returns and any other tax liability for
1995 and 1996.
Should the parties continue to be married and capable of
filing joint returns in future years, they shall file joint federal
9
tax returns, and Husband shall be responsible for any tax
liability, and shall reimburse Wife for any tax refunds she would
receive had she filed separately, and Wife shall reimburse Husband
for any taxes owed had she filed separately, provided she continues
to maintain her federal income tax withholding rate with her
employer as married filing single (one exemption) for any such tax
year. In such addi tional tax years, both parties shall be
responsible for their own state, local and other outstanding taxes.
14. HUTUAL CONSBNT DIVORCB. This Agreement shall operate as
a full and final Settlement Agreement concerning all marital rights
of both parties in accordance with the terms herein. The Parties
hereto agree that each shall contemporaneously herewith sign an
Affidavit of Consent to a divorce pursuant to Section 3301 (c) of
the Divorce Code. Counsel for Wife shall prepare and promptly file
the parties' respective Affidavit's of Consent, a praecipe to
transmit record, and a vital statistics form, all for the purpose
of obtaining an immediate Decree in Divorce.
15. TINB OF DISTRIBUTION. The assets and interests to be
transferred under and pursuant to this Agreement shall be conveyed
and transferred to the respective parties immediately upon the
execution of this Agreement. The parties shall cooperate by
executing whatever documents are necessary to effectuate a divorce
under 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this
Agreement to cooperate shall be enforceable by an assumpsit action
for specific performance. However, upon refusal to consent, all
distributed property shall be returned to the party originally in
10
-
-....;..,.---..,,' :~:::
i,
.,
possession, until the time of final decree.
16. RBLEASB. Subject to the provisions of this Agreement,
each party has released and discharged, and by this Agreement does
tor himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release,
indemnify (including actual legal fees) and discharge the other of
and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution,
spousal support, alimony, counsel fees, alimony pendente lite, and
expenses which either of the parties against the other ever had,
now has, or may have in the future under the Pennsylvania Divorce
Code, as amended, or under any other statutory or common law,
except any and all causes of action for divorce and all causes of
action for breach of any provisions of this Agreement. Each party
also waives his or her right to request marital counseling,
pursuant to 3302 of the Divorce Code.
17. WAIVERS OF CLAIMS AGAINST ESTATBS. Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may have or hereafter acquire under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take in intestacy,
right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and any right
11
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
18. RIGHTS ON BXBCUTION. Immediately upon the execution of
this Agreement, the rights of each party against the other, despite
their continuing marital status, shall terminate and be as if they
were never married.
19. BREACH. In the event of breach of any of the terms of
this Agreement, the non-breaching party shall be paid, as part of
any award or judgment against the breaching party, all costs,
including actual counsel fees paid to his or her attorney.
20. INCORPORATBD INTO FINAL DIVORCE DECREE. The terms of this
Agreement shall be incorporated into the final divorce decree
between the parties. The parties intend this Agreement to be
incorporated into the final divorce decree, and understand that all
provisions contained in this Agreement are to be subject to the
continuing jurisdiction of the Court of Common Pleas.
21. ADDITIONAL INSTRUHBNTS. Each of the parties shall from
time to time, at the request of the other, execute, acknowledge and
deliver to the other party, any and all further instruments that
may be reasonably required to give full force and effect to the
provisions of this Agreement.
22. SEPARABILITY. In case any provision of this Agreement
12
should be held to be contrary to, or invalid under, the law of any
country, state or other jurisdiction, such illegality and
invalidity shall not in any way affect the other provisions hereof,
all of which shall continue, nevertheless, in full force and
effect, and each paragraph herein shall be deemed to be a separate
and undisputed covenant and agreement.
23. BR'I'IRB AGRBBHER'I'.
This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants and undertakings other than those expressly
set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and
division of marital and separate property are fair, equitable and
satisfactory to them, based on the length of their marriage and
other relevant factors which have been taken into consideration by
the parties. Both parties hereby accept the provisions of this
Agreement with respect to the division of property in lieu of and
in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other
for equitable distribution of their property by any court of
competent jurisdiction pursuant to Section 3502 of the Divorce Code
or any other laws.
Husband and Wife each voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
13
r
,
-"-;
..,.....,...,~~
..................'.. -'-.
24. MODIFICATION AND WAIVER. A modification or waiver of any
of the provisions of this Agreement shull be effective only if made
in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
25. INTBNT. It is the intent of the parties by this
Agreement to fully and finally foreclose any resort to the courts
for relief on the basis of any statute or case law presently
existing or which may exist at some time in the future within the
Commonwealth of Pennsylvania, including but not limited to
equitable distribution, alimony and other relief under the
Pennsylvania Divorce Code, as amended. This Agreement has been
drafted and accepted on the basis that such resort would constitute
a breach under this Agreement, entitling the non-breaching party to
reimbursement for actual counsel fees. other than as provided by
the terms of this instrument, it is intended that the court shall
treat the parties as if they had never entered into a marital
relationship. This Agreement shall be interpreted and governed by
the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern.
26. VOLUNTARY EXECUTION. The provisions of this Agreement
and their legal effect have been fully explained to Wife by her
respective counsel, Sanford A. Krevsky and to Husband by his
respective counsel, Paul J. Esposito, each party acknowledges that
the Agreement is fair and equitable, that it is being entered into
14
voluntarily, with full knowledge of the assets of both parties, and
that it is not the result of any duress or undue influence. The
parties acknowledge that they have been furnished with all
information relating to the financial affairs of the other which
has been requested by each of them or by their respective counsel.
Husband, being advised that he has the right to retain independent
advice from the attorney of her choice, hereby waives her right to
obtain counsel.
27. DESCRIP'l'IVE HBADINGS.
The descriptive headings used
herein are for convenience only.
They shall have no effect
whatsoever in determining the rights or obligations of the parties.
28. AGREEMENT OF BINDING ON HEIRS. This Agreement shall be
binding and shall inure to the benefit of the parties hereto, and
their respective heirs, executors, administrators, successors and
assigns.
29. RECONCILIATION.
Notwithstanding a reconciliation
between the parties, this Agreement shall continue to remain in
full force and effect absent a writing signed by the parties
stating that this Agreement is null and void.
IN WITNESS WHBREOF, The parties hereto have hereunto set their
hands and seals the day and year first above written.
WITNBSS:
rl~ {/u
",; 'it II rJ.... ~~V\(,lL'1
-
,)) 1
'/dt;t6:-~
, JR.
15
. ,
IN 'l'HE COURl' OF COHNON PLEAS
CUHBBRLAlfD COUN'I.'r
lCIHBBRLY A. PEFFLEY V. LEE DAVID PEFFLEY, JR.
DOClCB'l' NO. 95-3347 CIVIL LNi
MARI'7'..1!l To SETTToR_R~T AGR'P!'P!ME~T
'l'HIS JlGRBBHBN'l' made this
'6-"""
day of r/k. ..y----
{f
PBFFLEY, hereinafter
oalled
,
1996,
by and between lCIHBBRLY A.
"Wife",
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- ,
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,
AND
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,
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:)
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lrn
in'
::,~
LEE DAVID PEFFLEY, JR., hereinafter called "Husband".
~-- .
JiI'l'NESSE'l'H:
.... :_)
JiHBRBAS, Husband and Wife were married on January 2, 19~~
Towson, Maryland; and
JiHERBAS, no ohi1dren were born of this marriage; and
JiHBRBAS, certain differences have arisen between the parties
as a result of which they separated on April 24, 1993 and now live
separate and apart from one another, and are desirous, therefore,
of entering into an Agreement which will distribute their marital
property in manner which is considered to be an equitable division
of all joint property, and will provide for the mutual
responsibilities and rights growing out of the marriage
relationship; and
JiHERBAS, there has been a complete disclosure of the earnings
and property of each party, and each understands his\her rights
under the Divorce Code of the commonwealth of Pennsylvania; and
"
.-- "." - ----;......
,
.
-~'t-,~~.,
, ,
....
WHBRKAS, the parties hereto, aftar being properly advised by
their respective counsel, Wife by her attorney, Sanford A. Krevsky,
and Husband, by his attorney, Paul J. Esposito, or by himself,
waiving counsel, have come to the agreement, which follows. The
parties heretofore, intending to be legally bound, covenant,
promise and agree as follows:
1. CONSIDBRATION. The consideration for this Agreement is
the mutual promise, covenants and agreements herein contained.
2. 8BPARATION. It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place or places as he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as an
admission on the part of either party of the lawfulness of the
causes leading to their living apart.
3. NO IN'l'ERFERENCB. Each party shall be free from
interference, authority and control, direct or indirect, by the
other, as fully as if he or she were single and unmarried.
4. COUNSBL FBBS.
A. Husband agrees to pay all counsel fees incurred by
him since the separation of Husband and Wife.
B. Wife agrees to pay all counsel fees incurred by her
since the separation of Husband and Wife.
5. SUPPORl'. Husband shall pay spousal support to Wife
during the pendency of the Divorce proceedings in an amount
registered with the Cumberland County Domestic Relations under
Docket No. 730 1995. Credits will be provided to Husband as
2
follows: Reuter's Insurance, and Car Insurance payments made on
behalf of wife. Additionally, Husband shall pay 60\ of Wife's
uncovered medical costs.
6. ALIMONY. Husband shall pay to Wife alimony for a period
of three ( 3 ) years commencing on the date of execution hereof.
The amount of said alimony payment will be $ 50.00 a week, plus
Husband shall be responsible for Wife's Renter's Insurance and Auto
Insurance for a period of three ( 3 ) years commencing on the date
of execution hereof. Said alimony payments and insurance shall
terminate earlier only upon death or remarriage of Wife,
cohabitation of Wife with a paramour, or the death of Husband.
Said alimony payments shall be included in Wife's income and
deducted from Husband's income for tax purposes.
7. WAIVER OF PENSION BENEFI'l'S. Husband and Wife agree that
each shall execute any documents necessary to release and waive
forever any right, title or interest each party may have in the
other party's retirement plan (which is defined to mean pension,
profit-sharing, or any other plan or account or retirement or
deferred income). Each party agrees to execute whatever documents
are required to effectuate the purpose of this paragraph. Each
party appoints the other as attorney-in-fact for the purpose of
consenting to any election under any plan under section 417 of the
Internal Revenue Code or Section 205 of the Employee Income
Security Act of 1974. It is specifically agreed that each party's
rights under their respective retirement plans constitute their own
separate property.
3
8. WIFE'S DEBrS. Wife represents and warrants to Husband
that since the separation she has not and in the future will not
contract or incur any debt or liability for which Husband or his
estate might be responsible and shall indemnify and save Husband
harmless from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
9. HUSBAND'S DEBrS. Husband represents and warrants to Wife
that since the separation he has not and in the future will not
cQntract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save Wife
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
10. OU'l'S'l'ANDING DEBrS. The parties acknowledge and agree
that they have no outstanding debts obligations incurred prior to
the signing of this Agreement, except as follows:
1. MEMBERS BANK ACCOUNT ( Formerly Defense Activities
Federal Credit Union AKA DAFCU)
2. CELLULAR PHONE ACCOUNT
3. 401 K PLAN ACCOUNT
4. BLAZER FINANCE ACCOUNT
5. LOWES ACCOUNT
6. SUPERITE CREDIT UNION
7. BANKCARD SERVICES ACCOUNT
8. MBNA AMERICA ACCOUNT - MC 5329 0027 5412 3353
9. MBNA AMERICA ACCOUNT - MC 5329 0027 5412 2355
10. MBNA AMERICA ACCOUNT - MC 5329 0027 4302 8713
11. MBNA AMERICA ACCOUNT - MC 5401 2648 5102 8411
4
12. MONA AMERICA ACCOUNT - MC 5329 0027 5411 8221
13. SEARS ACCOUNT - Husband's Account
14. AUTOMOBILE INSURANCE - for both Husband's and Wife's
vehicles
15. RENTER'S INSURANCE for Wife's Apartment
16. SEAR'S ACCOUNT
17. PENNSYLVANIA STATE EMPLOYEE'S CREDIT UNION (AKA PSECU)
A. HUSBAND
with regard to the above enumerated debts, Husband shall
assume full responsibility for ultimate satisfaction of debts Hos.
1 through 13.
Husband shall indemnify, defend and hQ1d Wife
harmless from any claim or demand made against that party by reason
of such debts.
Regarding debts Hos. 14 (Automobile Insurance for Wife's
vehicle) and 15 (Renter's Insurance for Nife's apartment), Husband
will assume sole responsibility and indemnify Wife for payments on
these accounts for a period of ( 3 ) three years commencing on the
date of execution,hereof.
B. HUB
with regard to the above enumerated debts, Wife shall assume
full responsibility for ultimate satisfaction of debt Nos. 16
(Sears) and 17 (PSECU). Wife shall indemnify, defend and hold
Husband harmless from any claim or demand made against that party
by reason of such debts.
c. POST SEPARATION DISTRIBUTION
In the event that either party contracted or incurred any
debts since the date of separation, the party who incurred said
5
debt shall be responsible for the payment thereof, regardless of
the name in which the account may have been charged, and such party
shall indemnify, defend and hold the other party harmless from ny
claim or demand made against that party by reason of such debt.
11. DIS'l'RIBV'l'ION OF PROPERTY.
A. REALTY
The parties are owners of real estate located at 16th and
Swatara street, Harrisburg, Dauphin county, Pennsylvania. said
property is currently subject to an Agreement of Sale wherein the
parties are sellers. To the extent that there is any equity in
said property, Husband shall become the exclusive owner, and as
such is both entitled to any proceeds, but is also responsible for
any expenses, taxes, or other costs associated with its maintenance
and ownership. Husband's rights includes, but are not limited to,
default by the buyers. Wife will execute any documents required to
effectuate the purpose of this paragrnph.
B. Household Prooertv.
Including the items below, the parties hereto have divided
between themselves, their mutual satisfaction, all items of
tangible and intangible marital property. Neither party shall make
any'claim to any such items of marital property, or of the separate
personal property of either party, which are now in the possession
and/or under the control of the other. Should it become necessary,
the parties will agree to sign, upon request, any title or
documents necessary to give effect to this paragraph. Property
shall be deemed to being the possession or under the control of
6
either party if, in the case of tangible personal property, the
item is physically in the possession or control of the party at the
time of the signing of the Agreement and, in the case of intangible
personal property, if any physical or written evidence of
ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control
of the party.
Husband and Wife shall each be deemed to be in the possession
and control of their own individual Dension or other emDlovee
benefit Dlans or retirement benefits of any nature to which either
party may have a vested or contingent right or interest at the time
of the signing of this Agreement, and neither will make any claim
against the other for any interest in such benefits during the
period of separation, except as stated herein or subsequently
agreed upon in writing.
Both parties agree that Wife shall maintain sole possession
and ownership of the Packard Bell Personal ComDuter Svstem that is
currently in her possession.
Both parties agree that Wife shall maintain sole possession
and ownership of the 52 Inch Big Screen Television that is
currently in her possession.
c. Business EauiDment.
The parties hereto mutually agree that Husband shall have
exclusive possession and ownership of all Business EauiDment
associated with Husband's construction Business.
7
D. Proceeds fro. Realtv Holdinos.
The parties are currently titled owners of a three-unit
apartment building located at 16th and Swatara streets, Harrisburg,
Dauphin County, Pennsylvania. Said property is currently under an
Agreement to be sold to Rodney and Kelly Hollenbaugh. The proceeds
of the sale are currently only payments on the interest I these
monthly payments of $99.11 are to be received by Husband. Husband
hereby insulates and holds harmless Wife relative to any debt on
this property, through mortgages, liens, maintenance, utilities,
taxes or any other expenses relating to the property.
E. Motor Vehicles.
Wife shall retain possession and ownership of the ~
Grand AM GT COUDe presently in her possession, as it constitutes
non-marital property. In consideration thereof, Wife shall assume
full responsibility for payment and eventual satisfaction of any
and all liens presently encumbering the vehicle, and to indemnify,
defend and hold Husband harmless for the same during the period of
the parties' separation. Husband hereby agrees to sign any
documents necessary to authorize possession of said vehicle at any
time, upon demand, and further shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this
provision.
Husband shall retain sole possession and ownership of the ~
Ford DumD Truck presently in his possession. In consideration
thereof, Husband shall assume full responsibility for payment and
eventual satisfaction of any and all liens presently enCUmbering
8
the vehicle, and to indemnify, defend and hold Wife harmless for
the same during the period of the parties' separation. Wife hereby
agrees to sign any documents necessary to authorize possession of
said vehicle at any time, upon demand, and further shall indemnify
Husband for any costs, including actual counsel fees, incurred by
Husband to enforce this provision.
12. HBDICAL INSURJIRCB. Both parties agree to continue to pay
for coverage on their respective medical insurance, including Blue
Cross, Blue Shield, prescription, dental, and eyeglass coverage.
Until the divorce is final, Husband shall pay 60% of Wife's
uncovered medical costs as outlined in the Order of support
registered at the cumberland County Domestic Relations Office.
13. TAX RETURNS. Both parties agree that they shall file
separate federal tax return for tax years 1995 and 1996. Husband
and Wife shall pay all of his or her tax liability associated with
such federal tax return and be solely entitled to any receipts
associated therewith. Both parties shall be responsible for their
own state and local tax returns and any other tax liability for
1995 and 1996.
Should the parties continue to be married and capable of
filing joint returns in future years, they shall file joint federal
9
tax returns, and Husband shall be responsible for any tax
liability, and shall reimburse Wife for any tax refunds she would
receive had she filed separately, and Wife shall reimburse Husband
for any taxes owed had she filed separately, provided she continues
to maintain her federal income tax withholding rate with her
emplQyer as married filing single (one exemption) for any such tax
year. In such additional tax years, both parties shall be
responsible for their own state, local and other outstanding taxes.
14. Hl1'l'UAL CONSBN'l' DIVORCB. This Agreement shall operate as
a full and final Settlement Agreement concerning all marital rights
of both parties in accordance with the terms herein. The Parties
hereto agree that each shall contemporaneously herewith sign an
Affidavit of Consent to a divorce pursuant to section 3301 (c) of
the Divorce Code. Counsel for Wife shall prepare and promptly file
the parties' respective Affidavit's of Consent, a praecipe to
transmit record, and a vital statistics form, all for the purpose
of obtaining an immediate Decree in Divorce.
15. ~IHB OF DISTRIBUrION. The assets and interests to be
transferred under and pursuant to this Agreement shall be conveyed
and transferred to the respective parties immediately upon the
execution of this Agreement. The parties shall cooperate by
executing whatever documents are necessary to effectuate a divorce
under 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this
Agreement to cooperate shall be enforceable by an assumpsit action
for specific performance. However, upon refusal to consent, all
distributed property shall be returned to the party originally in
10
possession, until the time of final decree.
16. RELBASB. Subject to the provisions of this Agreement,
eaoh party has released and discharged, and by this Agreement does
for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release,
indemnify (including actual legal fees) and discharge the other of
and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution,
spousal support, alimony, counsel fees, alimony pendente lite, and
expenses which either of the parties against the other ever had,
now has, or may have in the future under the Pennsylvania Divorce
Code, as amended, or under any other statutory or common law,
except any and all causes of action for divorce and all causes of
action for breach of any provisions of this Agreement. Each party
also waives his or her right to request marital counseling,
pursuant to 3302 of the Divorce Code.
17. WAIVERS OF CLAIHS AGAIlIS'l' ES'l'NPBS. Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may have or hereafter acquire under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutQry allowance, widow's allowance, right to take in intestacy,
right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and any right
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. ,
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interests, rights and
claims.
18. RIGHTS ON EXBCUTION. Immediately upon the execution of
this Agreement, the rights of each party against the other, despite
their continuing marital status, shall terminate and be as if they
were never married.
19. BRBACB. In the event of breach of any of the terms of
this Agreement, the non-breaching party shall be paid, as part of
any award or judgment against the breaching party, all costs,
including actual counsel fees paid to his or her attorney.
20. INCORPORNl'ED INTO FINAL DIVORCE DBCRBB. The terms of this
Agreement shall be incorporated into the final divorce decree
between the parties. The parties intend this Agreement to be
incorporated into the final divorce decree, and understand that all
provisions contained in this Agreement are to be sUbject to the
continuing jurisdiction of the Court of Common Pleas.
21. ADDITIONAL INSTRUHBNTS. Each of the parties shall from
time to time, at the request of the other, execute, acknowledge and
deliver to the other party, any and all further instruments that
may be reasonably required to give full force and effect to the
provisiQns of this Agreement.
22. SEPARABILITY. In case any provision of this Agreement
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should be held to be contrary to, or invalid under, the law of any
country, state or other jurisdiction, such illegality and
invalidity shall not in any way affect the other provisions hereof/
all of which shall continue, nevertheless, in full force and
effect, and each paragraph herein shall be deemed to be a separate
and undisputed covenant and agreement.
23. BN'l'IRB AGRBBHBN'l'. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants and undertakings other than those expressly
set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and
division of marital and separate property are fair, equitable and
satisfactory to them, based on the length of their marriage and
other relevant factors which have been taken into consideration by
the parties. Both parties hereby accept the provisions of this
Agreement with respect to the division of property in lieu of and
in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other
for equitable distribution of their property by any court of
competent jurisdiction pursuant to section 3502 of the Divorce Code
or any other laws. Husband and wife each voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
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24. HODIFICNl'ION AND fiAIVBR. A modification or waiver of any
of the provisions of this Agreement shall be effective only if made
in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
25. INTENT. It is the intent of the parties by this
Agreement to fully and finally foreclose any resort to the courts
for relief on the basis of any statute or case law presently
existing or which may exist at some time in the future within the
Commonwealth of Pennsylvania, including but not limited to
equitable distribution, alimony and other relief under the
Pennsylvania Divorce Code, as amended. This Agreement has been
drafted and accepted on the basis that such resort would constitute
a breach under this Agreement, entitling the non-breaching party to
reimbursement for actual counsel fees. Other than as provided by
the terms of this instrument, it is intended that the court shall
treat the parties as if they had never entered into a marital
relationship. This Agreement shall be interpreted and governed by
the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern.
26. VOLUNTARY BXBCVTION. The provisions of this Agreement
and their legal effect have been fully explained to Wife by her
respective counsel, Sanford A. Krevsky and to Husband by his
respective counsel, Paul J. Esposito, each party acknowledges that
the Agreement is fair and equitable, that it is being entered into
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voluntarily, with full knowledge of the assets of both parties, and
that it is not the result of any duress or undue influence. The
parties acknowledge that they have been furnished with all
information relating to the financial affairs of the other which
has been requested by each of them or by their respective counsel.
Husband, being advised that he has the right to retain independent
advice from the attorney of her choice, hereby waives her right to
obtain counsel.
27. DBSCRIP'l'IVB HBADINGS. The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
28. N1RBBHBN'l' OF BINDING ON BBIRS. This Agreement shall be
binding and shall inure to the benefit of the parties hereto, and
their respective heirs, executors, administrators, successors and
assigns.
29. RBCONCILIATION. Notwithstanding a reconciliation
between the parties, this Agreement shall continue to remain in
full force and effect absent a writing signed by the parties
stating that this Agreement is null and void.
IN HITNBSS HHBRBOF, The parties hereto have hereunto set their
hands and seals the day and year first above written.
.1~~~
~LVL
~('Hv:i Y,
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