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Home My WebLink About95-03521 \- i t \ j ..... ~ ~ ,. .,: .J, C).. ~ i #1 . , -~*~~-~~~~~-~~~*.~** .:.:. ~. .:.~. .:.:. .:.:. .:~. ,':.:' .:.;. .:.:. ':co ':C- '-;4 ,'.-.,--.---- -- '-'--'11iI )~ I. J (~ , I~ ( " ~~ l~ I: , ~ ~ .', I it! .:+;. .:+:. .:+:. .:.:. .:+;. .:.:. .:+:. .:+:. .:.:. .:+:.' ~I ~I w '0'1 ~I S IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ~ STATE OF ~ PENNA, w " ~ ., ~ " ~ ~ .' * ..,DEBORAH S. CARUSO, Plaintiff N I), 95~~.?:!J.qv~k.:n;.~ ~ ~. Vt'I':;US $ JOHN J. CARUSO, ~ Defendant ~ .' ,', ~ ~ DECREE IN DIVORCE ~} :1 ~~ ~ t, W '.' AND NOW, ....i),~~.":"?bo..z..s.... 19.C::C.c:t.., it is ordered and decreed that .'....... DEBORAH .S.. CARUSO. . . . . . . .. . . . . .. , . .., plaintiff, and ......... . . . . . , . . . .JOHN. .J, . CARUSO. . . . . . . . . . . . . . . . . . . . . ., defendant, are divorced from the bonds of matrimony, ~ W ~.I " ~ s " ~ 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 bet;tll entered; s '" <;', * No issues are outstanding, All issues have been resolved and settled by the ...... ...... ..................... ...... ... ...... ...... ... ............... .., parties' Marriage Settlement Agreement dated December 8, 1999, filed of record arid'fricorporated 'but 'riot .merged.lnto.thls.Decree:.'... ........ .."..,... '" * ,', ~ '. M .' I /' ~ W <;', " ~ ~ '1 ~I ~ ~\ -- - -- . >~:. .4t>:. .:.:- .:+:. . - . . , ,-- -.,--- :..' .:.:. .:+:- -:.:. .:+:. ':+:0 .:.:. .:+:. .:+:. .:+:. .:+:. .:.:. '" ., ~ i ',' ~ $ ~ .:. " ~ '.' ~ ,', ~ ,', ~ w " ~ ~ !~ ,', * 8 ~ !S ~. ~ .' ~ ~.I ~ '.' ~ <;', w ',' * ~ " ~ '.' $ *- ... * ~ '.' ~ ... ,', ~ /.J'...u.~ /01;,)..$ ~~ . L( ~,. " l . . ., dd'C~~~,~/~ ir~4 ~~t?' z;- r~ .... I~ ,-t' 111(' U /....' r.'j' . . ('1' ." lL I, C: to .. ('\,: I.; - j I,) <J' .' , :., _..,~ "- CI ('oj f- L. ,".'. <., ,f') 1. ~ ..!U! '; (j J~!~ !(".c '8 a: d ii5~ ~~l! '. , ~ .. . "- . ( '..' '. . j' , A " . . . r . ~ ,- . -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO Plaintiff NO, 95-3521 CIVIL TERM V, CIVIL ACTION - LAW JOHN J. CARUSO Defendant IN DIVORCE THIS AGREEMENT made this ~ay of /(It..(lJ~~/V .19n by and between DEBORAH S. CARUSO ("WIFE") of 681 Deer Road, Boiling Springs, PA 17007 and JOHN J. CARUSO ("HUSBAND") of P,O, Box 5042 Martinsburg, WVA 25402, WITNESETH: WHEREAS, diverse and unhappy differences, disputes and WHEREAS, the parties hereto are husband and wife, having been married on December 5, 1981 in Pennsylvania and separated on April 14,1995, WHER~S, There were three (3) children born of this relationship: Tara Caruso born March 22, 1977, Megan Caruso born January 25, 1983 and Tracy Caruso born April 22, 1985 ("the Children") , difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of OIANE G, lV\llCl.II'f' 3448 TRINOLE ROAO CAMI' 1IIL1., I'A 17011 PIIONE: (717) 7J7-IIIlXI FAX: (7171 1}75.(61)7 Page 1 of 25 DIANE G, R,\OCLlFI' 3448 TRINIlLE ROAO CAMI'llIl.I., PA 171111 PIIONE: (717) 737-1I1INI FAX: (717) InS.UCI1)7 - settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement, 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof, Page 2 of 25 .. ...~.' 3. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action, Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce, If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4. EFFECT OF DIVORCE DECREE. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them, 6. NON-MERGER. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP 1111.1.. I'A 171111 PIIONE, (711) 7J7.IIIlXI FAX: (717) 1J75.fH'ltJ7 Page 3 of 25 aforesaid incorporation or as otherwise provided by law or statute, 7. DATE OF EXECUTION: The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement, 8. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein, 9. ADVICE OF COUNSEL, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Gary L. Kelley, Esquire for Husband, and Diane G, Radcliff, Esquire for Wife, The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations, They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 10. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP IIILL, PA 17011 PIIONE: (717) 737-(11I1ll FAX: (7171 'm.IKm Page 4 of 25 DIANE G, RADCLII'F 3448 TRINDLE RO,\D CA~II' HILL, P,\ 17011 PHONE, (717)7lHIIIKI FAX: (717) 1)7S.()(W7 ..~--- ......, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party, 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement, Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party, Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a, The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, Page 5 of 25 b, The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court, c, The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court, d, The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, e, The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and DIANE G, RADCl.IFF 3448 TRINDLE ROAD CAMP 111I.1.. I'A 171111 PHONE: 1717, 7,\7.1111" PAX: 17171 1J75.lI(I1J7 expenses, 12. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein, In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right and option to declare this Agreement to be null and void and to Page 6 of 25 terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into, 13. ~L SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration, 14. INCOME TAX MATTERS. With respect to income tax matters regarding the parties acknowledge that they have heretofore filed joint federal and state returns, Both rarties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her DIANE G, RoIDCI.II'I' 3448 TRINDLE ROAIl CAMP IIII.L, "" 171111 PIIONE: (717) 737~1I1MI FAX: (717) 1)75.1)(.97 separate income on the aforesaid joint returns, 15, PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by Page 7 of 25 the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select, Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable, Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her, 16. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: a, Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, b, Any and all rights and claims of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; DIANE Q, RADCLIFF 3448 TRINIII.E RO,ID CAMP 11I1.1., I'A 17011 PHONE: (717) 7J7,OIlKI FAX: (717) IJ7S.061J7 Page 8 of 25 c, the right to treat a lifetime conveyance by the other aB teBtamentary, or all other rights of a Burviving spouse to participate in a deceased spOUBe I B eBtate, whether arising under the lawB of (a) the Commonwealth of PennBylvania, (b) State, Commonwealth or Territory of the United StateB, or (c) any other country; d, any rightB which either party may have or at any time hereafter have for past, preBent or future support or maintenance, alimony, alimony pendente lite, counBel feeB, equitable diBtribution, COBtS or expenBeB, whether arising as a reBult of the marital relation or otherwiBe, except, The foregoing Bhall not apply to all rights and agreements and obligationB of whatBoever nature arising or which may ariBe under this Agreement or for the breach of any proviBion thereof, It iB the intention of HUB band and Wife to give to each other by the execution of this Agreement a full, complete and general releaBe with reBpect to any and all property of any kind or nature, real, perBonal or mixed, which the other now ownB or may hereafter acquire, except and only except, all rightB and agreementB and obligationB of whatsoever nature ariBing or which may ariBe under thiB Agreement or for the breach of any proviBionB thereof, 17. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof Bhall be valid unless in writing and Bigned by both partieB and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any Bubsequent default of the Bame or Bimilar nature, DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP IIIJ.L, Po\ 171111 PHONE: (717l7J7,1l1l~1 FAX: (717) InS.(}(lln Page 9 of 25 DI,\N!! G, RAIlCLlFI' J4~8 TRINIlLl, ROAIl CAMP IIII.I..I'^ 171111 "1I0N!!,07171737,IIIlNI F^X: (717) IJ7!i.()(1'J7 18, MUrUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement, 19, AGREEMENT 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, 20. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 21. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement, 22. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of Page 10 of 25 DIANE G, RADCLU'I' 3448 TRINIlI.E ROAI) CAMP IIII.L, I'A 171111 PUONE, (717) 7J7,IIIlMI FAX: (717) ')7j.UliIJ7 this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall It be construed as a '.:aiver of strict performance of any other obligations herein, 23. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a, The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance, b, The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action, c, The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA, C,S,A, 3502(e), and any additional rights and remedies that may hereafter be Page 11 of 25 enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws, d, Any other remedies provided for in law or in equity, 24, LAW OF PENNSYLVANIA APPLICABLE, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 25, SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effecc and operation, Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties, 26. FINAL EOUITABLE DISTRIBUTION OF PROPERTY, The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts, It is further the intent, understanding and agreement of the parties that this DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, I'A 171111 !'HONE: ,7J7) 737.IIUMI FAX: (717) CJ75-UlJt)7 Page 12 of 25 Agreement is a full, final, complete and equitable property division, 27. WA7VER OF 7NHER7TANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party, 28, D7VISION OF PERSONAL PROPERTY, Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation to, the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife, DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IIII,L, PA 17011 PilON!;: (717) 7J7-OIIMI FAX; (717) 97S.()(II)7 The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other, 29. AFTER-ACOUIRED PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since April 14, 1995, the date of the Page 13 of 25 DIANE G, MDCLlFI' 3448 TRINDLE ROAD CAMP IIILL, PA 17011 PIIONE: (71717J7-lIlIXI FAX: (717) 1J75.nlllJ7 parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph, 30. D~V~S~ON OF VEH~CLES, BOATS AND THE LIKE. With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a, The 1989 Subaru (destroyed) and the 1995 Toyota Corolla shall be the sole and separate property of Wife, b, 1984 Renault (given away) shall be the sole and separate property of Husband, c, Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement, d, The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date, e, For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Page 14 of 25 DIANE G, RADCLIFF 3448 TRINDLI; ROAD CAMP 1111.1.. "0\ (71)11 PIIONE: 17i7l737-1IIlMI FAX: (717) 975.()61J7 Vehicle is unavailable due to financing arrangements or otherwise, f. In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance, g, Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph, 31. SALE OF REAL ESTATE. The parties are the owners of a certain tract of improved real estate known and numbered as 681 Deer Road, Boiling Springs, PA 17007 ("the Real Estate") having an approximate value of $150,000,00 and which is encumbered with a mortgage owed to PNC having an approximate balance of $45,000,00 ("the Mortgage"), With respect to the Real Estate and the Mortgage the parties agree as follows: a, The Real Estate shall be listed for sale with a mutually agreeable real estate broker on or before March 1, 2000, The parties shall thereafter market and sell the Real Estate at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker, b, Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgage and all Page 15 of 25 other normal and reasonable settlement costs, shall be applied to the payment of the following, listed in order of priority of payment: 1, Payment to Husband of the amount of $100,000,00 or the remaining balance of the proceeds if said proceeds are less than $100,000,00; 2, Payment of the remaining balance, if any, to Wife, c, Pending the sale and settlement, Wife shall be entitled to exclusive possession of the Real Estate and shall pay all expenses relating to the Real Estate, including, but not limited to, the Mortgage, real estate taxes, insurance, utilities and the like, d, Wife shall be responsible for the timely and prompt reporting of 100% of the gain derived from the sale of the Real Estate, if applicable, on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including, but not limited to, capital gains taxes or the equivalent, and shall indemnify, protect and hold the Husband harmless therefrom, 32. DIvrSION OF RETIREMENT AND PENSION PLANS, Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"), Hereafter DIANH G, RADCLIFF 3448 TRINDI.E ROAD CAMP IIILL, PA 17011 PUONE: (717) 737~)I(X) FAX: (717)')75.0fllJ7 Page 16 of 25 the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried, If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal, The foregoing notwithstanding, it is understood and agreed that Husband shall be receiving a total monetary payment of $100,000,00 as part of the equitable division of the parties marital assets. Pursuant thereto, the following shall apply: a, In the event the proceeds to be paid to Husband from the sale of the Real Estate pursuant to the terms of Paragraph 31 herein are less than $100,00,00 then Husband shall receive a distribution from wife's 401K Plan in an amount equal to the difference between $100,000,00 minus the amount of the proceeds he receives from the sale of the Real Estate, b. Said payment shall be made by way of a Qualified Domestic Relations Order ("QDRO") which QDRO shall be entered in the divorce case upon sale and settlement of the Real Estate and determination of the amount to be paid to Husband from the retirement account, c, It is anticipated that Husband will then withdraw his share of the aforesaid retirement benefits, When that withdrawal has been made and the amount of tax and penalty resulting from said withdraw has been finally determined, Wife will then make an additional payment to DIANE U, R,II)('J.IH 3448 TRINIII.E ROAll CAMI'IIII.1., 1',\ 171111 PHONE: (717) 737,III1MI FAX: (117, CJ7~'()(IlJ7 Page 17 of 25 DIANE G, RAIlCLIFI' 3448 TRINDLE ROAD CAMP 1111.1., PA 17011 PIIONE: (717)737.0100 FAX: (117) 915.{)(197 Husband equal to the determined amount of the taxes and penalties resulting from that withdrawal, For purposes of this agreement the amount of the taxes owed by Wife shall be determined to be the amount of tax that Husband owes on his federal income tax return minus the amount of tax that he would owe had the retirement rollover sums withdrawn by Husband not been included on that return, Husband shall provide Wife with appropriate information and documentation as to the amount of tax and penalties to be paid together with a copy of his tax return and other appropriate documents evidencing the amount of tax and penalty actually paid at the time payment is requested, Wife shall then make that additional payment to Husband within thirty days of that date, 33. DIVISION OF BANK ACCOlrnTS/STOCK/LIFE INSlmANcE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts"), Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife, Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof, Page 18 of 25 34. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible, Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible, Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 35. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible, Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible, Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 36. MARiTAL DEBT. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: a, Wife shall be solely responsible for the following bills and debts: DIANE G, R,\IICI.II'I' 1448 TRINIII.E ROM> CAMP 111I.1.. 1',\ 17"'1 PIIONE: (7171 7J7,UIIMI FAX: (71711J7~.f)(,IJ7 Page 19 of 25 OI,INH G, RADCLIFF 3448 TRINDLI, RO^11 CAMI'IIII.I.. I'^ 17011 l'1I0SH, ,7171 7J7,OllMI FAX: I1I7J c)75.(K,tl7 1, US Air Visa, account no, 4356-0031-0564-2827; 2, Any vehicle loan for Wife'S VehicleB aB required and set forth in Paragraph 30 herein, 3, Wife' B Bhare of any and all taxes reBulting from the Bale of the Real EBtate aB requhed and Bet forth in Paragraph 31 herein; 4. Any and all taxeB reBulting from her withdrawal of fundB from her Retirement Plans Bet forth in Paragraph 32 herein; 5, Any and all other debtB, liabilitieB, obligations, 10anB, credit card accountB, and the like incurred in Wife'S Bole name, and not otherwiBe provided for herein, b, HUBband Bhall be Bolely reBponBible for the following bills and debtB: 1, Any vehicle loan for HUBband'S VehicleB aB required and Bet forth in Paragraph 30 herein, 2, HUBband'B Bhare of any and all taxeB reBulting from the Bale of the Real EBtate aB required and Bet forth in Paragraph 31 herein; 3, Any and all taxeB reBulting from hiB withdrawal of fundB from hiB Retirement PlanB Bet forth in Paragraph 32 herein, subject to reimbursement therefor as provide in Paragraph 32; 4, Any and all other debtB, liabilitieB, obligationB, 10anB, credit card accountB, and the like incurred in HUBband'S Bole name and not otherwiBe provided for herein, Page 20 of 25 c, Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party, d, Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same, e, Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable, f, From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability, g, In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty days of the date of this Agreement so as to release the other party from any and all liability thereunder, 38. INDEMNIFICATION. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees OIANI; G, RADCLlH' 34-l8 TRINOI.H ROA!1 CAMP IIIl,L, I'A 171111 PIIONE: 1717l7,lHlIlMl FAX: (717) IJ7S.0f'l1}7 Page 21 of 25 , DIANE G, MIICI.JFI' ! i J.I.l8 TRINDI." ROAD : CAMP 1IIL1.. PA 17011 PilON": l11717J7,OIlKI FAX: (717) 'J75.(}(W7 '. . and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. 39. ALIMONY. SPOUSAL SUPPORT AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees, costs and expenses, The foregoing notwithstanding the parties agree that Husband shall pay Wife alimony in accordance with the following terms and conditions: a, The current alimony pendente lite order dated April 15, 1999 entered in the above referenced divorce action docketed to No, 95-3521, DR# 28,436, Pacses #768100853 shall be terminated effective the date of the divorce, Any arrears or credits existing on that order shall be added to the alimony order to be entered in accordance with the following provisions, b, Commencing with the date of the divorce and continuing monthly thereafter until the sale and Settlement of the Real Estate pursuant to the terms of Paragraph 31 herein, or until the death of either party, whichever shall first occur, Wife shall pay Husband alimony in the amount of $1,105,00 per month, which amount shall be prorated for any partial month, Any arrears existing on this amount pursuant to the provisions of the Page 22 of 25 . I I . preceding Bubparagraph a, shall be paid at the rate of $20,00 per month, c, The alimony Bhall be reported by HUBband aB income on his applicable income tax returns and deductible by Wife on her applicable income tax returnB, For all purposeB, including income tax treatment purpoBeB, the payments Bhall be deemed to be a periodic payment of alimony between Wife and HUBband aBsociated with a diBBolution of their marriage and purBuant to a written marital agreement, d, The alimony proviBionB set forth in thiB Paragraph Bhall not be Bubject to modification by the Court or the partieB abBent mutual written agreement e, The alimony Bhall be paid through the DomeBtic RelationB Office of cumberland County pursuant to an Order to be entered by that Office in accordance with the termB hereof, 40, CUSTODY, Wife Bhall have primary phYBical cUBtody of the partieB minor children Bubject to HUBband'B rightB of partial cUBtody at Buch timeB and places aB the partieB Bhall hereafter mutually agree, At a minimum HUBband' B rightB of partial custody Bhall include time on ThankBgiving Day and on ChriBtmaB Day commencing in 2000 at Buch timeB aB the partieB shall mutually agree, 41, HEADrNGS NOT PART OF AGREEMENT, Any headingB preceding the text of the several paragraphB and BubparagraphB hereof, are inserted Bolely for convenience DIANE G, RADCLIFf' 3448 TRINDLE ROAD CAMP IIILL, I'A 17011 l'1I0NE, l717l737.0IlMI FAX: (717) 1n.s.tKW7 Page 23 of 25 DIANE G, R,\DCLII'I' 3+l8 TRINIll.E ROAD CAMP 11I1.1.. I'^ 171111 PIIONE, (717. 7J7.III1XI FAX: (717) fJ7~_()(llJ7 f . I . of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect, BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, WITNESS: /~rR,~ ~e.~ ~~ (SEAL) (SEAL) Page 24 of 25 : .._.__.~- DEBORAH S, CARUSO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-35~1 CIVIL TERM CIVIL ACTION - LhW IN DIVORCE v, JOHN J, CARUSO Defendant PRAECIPE OF TRANSMIT 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 3301(C) of the Divorce Code, 2. Date of filing and manner of service of the complaint: a, Date of filing of complaint: June 30, 1995 b, Manner of service of Complaint: Acceptance of Service by Defendant's Attorney c, Date of Service of Complaint: July 20, 1995 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a, Plaintiff: December 9, 1999 b, Defendant: November 17, 1999 QR Date of execution of the Plaintiff's affidavit roquired by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: N/A b, Date of filing: N/A c. Date of service: N/A 4. Related claims pending: No issues are pending, All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated December 8, 1999 which Agreement is to be incorporated into but not merged with the Divorce Decree, 5, Date and manner of service of the Notice of Intention to file praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code: a. Date of Service: N/A b, Manner of Service: N/A QR Date Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: December 10, 1999 b, Defendant's Waiver: December 10, 1999 , ESQUIRE e Road , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 ~ ~ ~~ ~ 1t m .',_ ~ ~ ~ ~ l- ~ ~... ", _ _, ~ ~ ~ :t ""'0 '''\ " ~ " . 'i . " . - .tI . ~j!~ !!( < ddi J~i! ~jt' r~h, t::./. f~f, .<:C':> $[' :", "< \) >": - (:0 ',I.' "- ":';J -.., ~-.) ~....) .:;:, ., ~,-.; -" ::: '." \:n '..,', ':-),','1 '-I ~, ~ I),? r ~, ....., \. , . DEBORAH S. CARUSO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 95- 35~1 -CIVIL TERM JOHN J. CARUSO, CIVIL ACTION - LAW DEFENDANT . IN DIVORCE . BOTICB 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA l70l3 (717) 240-6200 DIANE G, RADCLIFF ATTORNEY.AT.LAW 544. TRINDLF. ROAn CAMP lULL. PA 17011 1 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ..J~'J/ -CIVIL TERM DEBORAH S. CARUSO, PLAINTIFF JOHN J. CARUSO, DEFENDANT CIVIL ACTION - LAW IN DIVORCE COMPLAINT AND NOW t this ~day of June, 1995, comes the plaintiff, DEBORAH S. CARUSO, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCB 1. The Plaintiff, DEBORAH S. CARUSO, is an adult individual residing at 681 Deer Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant, John J. Caruso, is an adult individual residing at 95 Walnut Valley Road, Blairstown, New Jersey. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six ( 6) months previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on December 5, 1981 in pennsylvania. DIANE G, RADCLIFF ATTORNEY.AT.LAW ma TRINDLE ROAD CAMP ifiLL. PA nOli 2 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies, 8. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COURT II: BOUITABLE DISTRIBUTIOR 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. DIANE G, RADCLIFF ATTORNEY.AT-LAW 5441 TRINDLE ROAn CAMP ifiLL. PA 17011 3 10. Plaintiff and Defendant have legally acquired property, both real and personal, during their marriage from December 5, 1981 until April 14, 1995, the date of separation, all of which is "marital property". ll. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". l2. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property of the parties. Respectfully submitted, , ESQUIRE (- ndle Road 1, PA l70ll (717) 737-0l00 I.D. No. 32112 Attorney for PlalntH! DIANE G, RADCLIFF ATTORNEY.AT.LAW 544. TRINDLE ROA.D CAM' lULL. PA. 17011 4 DIANE G. RADCLIFF ATTORNEY.AT.LAW 1441 TRINDLE. ROAD CAMP IIILL. PA 17011 VBRIFICA'rIO. DEBORAH S. CARUSO verifies that the statements made in this COMPLAI~ I. DIVORCB are true and correct. DEBORAH S. CARUSO understands that false statements herein are IDade subject to the penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. ~&u>.lsrAAAMW EBORAH S. CARUSO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO, Plaintiff V, NO, 95-3521 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JOHN J, CARUSO, Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 1995, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, which service was made on the Defendant on July 20, 1995 by Acceptance of Service by Defendant's Attorney, 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Dated: gr Da./ q '17 ~~~~ DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP IIILL, PA 17011 (717) 7J7,()IIK) (") on 0 c: 0,) '''OJ ;: l~ I "'C'I fl1 .-~l qUI: \") ", ;., 'f7-. - 1111 .,-.,.... (::> ;r~ VI. I ~ ;:'r :'1 d~} ~; :' ~ :;J ..:... -('J ~~~CI ~l 'ill ..>:"~~ ~_..J '-, ~ N -., ::J Q -. _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO, Plaintiff V. NO, 95-3521 CIVIL TERM CIVIL ACTION - ~w IN DIVORCE JOHN J, CARUSO, Defendant AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 1995, 2, The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, which service was made on the Defendant on July 20, 1995 by Acceptance of Service by Defendant's Attorney, 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Dated:.~.c-< ~ n,lf~? ~<W.~ DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP lULL, PA 171111 (717) 7J7-OI(JO i' (") \.0 D r..: \.:J -n ;;>- <::J J 'tJf:~ ~ "J 1 ~ :-:J Q..!r; : " , ',-. ,-,.1 ' - ,:~iI1 ~;'"': ~..: <::> . ;r ~l'_ ':':CJ "'1:, ':;, ];C: ....- ';.~ () ~E; ;'l ;:("1"1 ..... .;~ ~ '" r~ 0 "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO, Plaintiff v, NO, 95-3521 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JOHN J, CARUSO, Defendant WAI~~ot~f=ST 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, I verify that the statements made in this Waiver 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 falsification to authorities, Dated, ,"\2.<- "//997 ~~ DIANE G, RADCLII'I' 3448 TRINDLI: ROAD CAMI'IIILL,I'A 17011 l71717J7,OIlXI f:? u:> 0 \D 'II -~ r::J .--t :<.... --enJ IT! ':: .r, 9!!!.1' ., .,jj:';' __.J "':9 Zt;" -:,r CI ,.., Ut'.~ r -;t:, ~,- !<L.' .." '~ :U ~(-: ~. ",', '":--.Cl ;..' ;':"':1 )."~ l..J ....1 ~ {'oJ 3) (::I '"< DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP IIILL, PA 17011 (717) 737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO, Plaintiff V, NO, 95-3521 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE JOHN J, CARUSO, Defendant WAI~t~:ST 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, I verify that the statements made in this Waiver 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 falsification to authorities, Dated: ./71r.0'" / 7,- /999' ~v~, ,J. 0 .. r (") -0 () C u:J -'rl '~ 0 , :"~.. ':~ IJ '"'t1l'1' '~1 l"l" n .;:~ Z..l' 7:1~ 0 " VI,', '. .1\:) ...~ .' ~l. ::1 ..1::;; .r:r: ~. ' '!<:) (-.c :..> ~rn .=..(, : .. ~ Z .-.:1 ~ :< '-I DEBORAH S, CARUSO, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA v, NO, 95.3521 JOHN J. CARUSO, Defendant CIVIL ACTION. DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in the above-captioned matter on behalf of the Defendant and hereby certify that that I am authorized to do so, 7/20/95 DATE Gary ,Kel y ID No, 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney for Defendant " (") '" 0 ~; ..... '1 ~W CI) -) rT'l 'J,:o "tl ;;; N .s:- '" ~::i~_ :.:; . ' :E :~ '-;(""'J -- Q :'~: r, .,I .r~ :.,) ~ -:.: .. j N ?' -, .oJ ~ ........... ...:."..-._- DIANE G, RADCLIFF ATIORNEY.AT.LAW "4. TRINDLE ROAD CAMP lULl.. 'A 17011 ,'" DEBORAH S, CARUSO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No, 95-3521 Civil Term JOHN J, CARUSO, : CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE - . * C A (l. U.5 0 COURT OF ~","'f}'" (1A4J TRIAL v. TERM, / NO. 3S,J.1 . 7'J C IJR.UJ') AFFIDAVIT OF SERVICE LONy .I, j401';"'~ duly sworn according to law, depose and (DATEI:J ~ +,-1 1f'l9 (NAMEI ,JoAn CJ:?~(/S(J at (ADDRESSI [/IJ JI~5b,-J; J !tPlon/11 Ai .. ~ , Adult family member with whom said Defendant(s) Relationship is I, , a competent adult, being say that at ~:J.5hM., on , , I personally handed to reside(s) . Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lOdging in which Defendant(s) reside(s). Aqent or person in ~h~r~Q of Defendant's office or usual place of business. Defendant's company. r< Other h....,HLf a true and correct copy of Ilff,'P~~.+ lI...U~ issued in the above-captioned matter. , ,'j~!J JJr t?I//J1" (Signa~ite of Server) an officer of said . St...l:"., 33" l~) of /l..t '1>1 110 tel' CAOC Sworn and before me Of~' Notary subscribed his .:23 'e(day 9 . Return to: NOTARIAL SEAL JOSEPH F. JOHNSON, Notary Public Harrisburg, Dauphin County My CommIssion Expires Sept 26, 1998 ......._.~.. : - - 2 10 ~ "'" ....., iI!SJ ~ '?J ~ '11 ~e~ ''I , ;1 ~-.;:: Q) ~c~ <:l :t:r- h '-J ::z: :1.' ""t' u~ )>,. Q;) '~ r: " U ......,;. ~ 35 ~ ",.. .... -- .- DIANE G, RADCLIFF ATTORNF.Y.AT,LAW SUlI TRINIU.r. ROA.n CAMP 1111.1.. PA 17011 ~.. .<!e DEBORAH S, CARUSO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff v, NO, 95,3521 CIVIL TERM JOHN J, CARUSO, CIVIL ACTION . LAW Defendant IN DIVORCE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter -affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted, AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1, The parties to this action separated on April 14, 1995 and have continued to live separate and apart for a period of at least two years, 2, The marriage is irretrievably broken, 3, 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, 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 falsifications to authorities, D~sc~ , DEBORAH S, CARUSO Date: /i3I1tlA. q 7 1 ;-:"'" (") '0 0 r;: ,--.I ~I .. -- ~ ,-, ;R[;' -Il 'r !2!: ":>:1 ~:o , 'lp_ -" -.-.j-n Zl 0'\ ";0 (Il. '.)6 ;c:;- I _l ~~1 -'-jj ;,;; ( -).... ..(") ..:'! t.~ ~ "-m :.:=~:. ;: u 5:J .., 1'-3 ::0 .', Q -< DEBORAH S. CARUSO, PI.lati" : IN mE COURT OF COMMON PLEAS OF : Cl1MPERLAND COUNTY. PENNSYL VANIA Y. I NO, '54521 CIVIL ACTION . LAW IN DIVORCE JOHN J, CARUSO. Def,nd.at COllNTlR.AFFID.wrr UNDER SECTION 3301(') or THI DIVORCE CODE 1. Chtck tidier (.) or (b), A.) I do not OppOI" the enll)' of . divorce degoc, (II) I oppoll the IIIftIJy of. di\'Orce deelee IIKIUI' (Check (I). (II) or bodl) (I) Th. pv,iCll co thi. KlIoa hav, ootliytd tIIparare ..d """ fOI . peelod of ~l 'e',l two )'"r, (II) Th, marri.,. It Dot Itrlrrievlbly brolt.., 2, Check t1d1w (.) or (II): (.) I do DOl with co llIa1t'lII)' ctaimt for _omie tellet'. IlUldu,tllld 1IIa11 m.y lose Ilahtl conc.mlD, alimony. divulOIl of propUly. I.wyer', r_ Or flllJlIII.ft .1 , do not cl~lm them bclore I IIlvorc. It IIl1lted, V<b) I with 10 claam CCOIlODIIC eelielwhll:1t In)' iDclud. allmOll)'. cbVUlon olpropen)'. lawyer's fees 01 expenses or other Imponlllt riabta I Viral)' th.1 dI. ItlllmllllJ mllie ID thi. CO\IlIter.affjdavll lie tru, lIIId correct. I lUld.lSund thaI fal.. Itllemflltl hlTan "' made .ubject 10 th. plllalhes of 18 PI C. S Seaton 4904 re1atm, to un.wom fal.lficatioa \0 autboriliCl, D.t.. Y I"~ ) I cr 't i I . "'~. , " VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penanlties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, The undersigned is verifying that the signature contained on the anached counter-affidavit is the signature of John Caruso, The undersigned was unable to obtain the original counter-affidavit in this matter due to the hospitalization of Mr, Caruso, Date: ~""r _~ljJbtr Attor~ John, CarusJ- ..... . E \D ~ ~ :;:: x ~I -0 1 J._'! =< o~g; I ~l.~ Q'\ 3 ~", "'. :~ ;.c::C... -0 ~c, :J: .J ::-;E - ~ .. ~' N ~ ~ .;:- i ,-- ,"""ffi - '. DEBORAH S, CARUSO, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, Nn, 95.3SZI.CIVIL TERM JOHN J. CARUSO, Defendant CIVIL ACTION. DIVORCE NOTICE TO DEFENIl 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES 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 ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013.3387 (717) 240-6200 DEBORAH S, CARUSO, Plninliff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 9S.3S21.CIVIL TERM v. JOHN J, CARUSO, Defendnnl CIVIL ACTION. DIVORCE DEFENDANT'S ANSWER TO DIVORCE COMPLAINT AND NOW, comes the Defendanl, John J, Caruso, by and through his attorney, Gary L, Kelley, and represents as follows: COUNT I DIVORCE UNDER SECTION 330\(cl OR 330\(dl OF THE DIVORCE CODE I, Admitted, 2. Denied. 3, Admitted, 4, Admitted, S, Admitted, 6, Defendant has no knowledge as 10 what Plaintiff may have been advised, Hence, this averment is denied, 7, Admitted, 8, Denied, a, b, Denied, WHEREFORE, the Defendant respectfully requests that this Honorable Court deny Plaintirrs request, 9. Answers to Averments I through 9 are incorporated by reference herein, 10. Admitted, II. Admitted, 12, Admitted, COUNTERCLAIM COUNT I ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE AND NOW, comes the Plaintiff in the Counterclaim, John J, Caruso, by and through his attorney, Gary L, Kelley, and represents as follows: 13, Plaintiff repeats and realleges the averments of paragraphs I through 12 which are incorporated by reference herein, 14, Plaintiff requires support to adequately maintain himself in accordance with the standard of living established during the marriage, WHEREFORE, Plaintiff requests the Court to award him reasonable alimony pursuant to Section 3701 of the Divorce Code, COUNT II ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES UNDER SECTION 3702 IS. Plaintiff repeats and realleges the averments of paragraphs 1 through 14 which are incorporated by reference herein, 16, Plaintiff has no adequate means of support for himself during the course of this litigation, 17, Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action, 18, Plaintiff has no health insurance other than that presently available to him through Defendant's employment. WHEREFORE, Plaintiff requests the Court 10 award him alimony pendente lite, counsel fees, costs and expenses, Respectfully submilled, e. I Kelley ID , 46801 132.134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 ATTORNEY FOR DEFENDANT VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities. Date:~ ~ - ~ CX\ ~~ ~ ~ r) ,'J " -, ~ 0: .." " 0. ~ 4",:, I ~ , ' ,', ,-q ,-, , - "'l c. ~\ ." 'Ill '-l C) . ~:J ~ ;C ., (~) u... . ....-, '"1 ~ ~ ',:> ~ ","! ~..l ,1,1 . .:, , . , :') ....., "- "I -, IT> ;.<.; DEBORAH S, CARUSO. PlalntllTlRcspondenl IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION. DIVORCE JOHN J, CARUSO, Defendant/Petltloner NO, 9!! . J!!lI CIVIL TERM IN DIVORCE OWl 28,436 PacaeJJII 7681008!!J ORDER OF COURT AND NOW, this 24d' day of March, 1999, npon consideration of the auached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respccth'e counsel appear before RJ, Shaddav on April IS, 1999 ut 9:UOAM for a conference, at IJ N, Hanover St" Carlisle, PA 171113, aller which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring 10 the conference: (I) a true copy of your most recent Federal Income Tax Return, including W.2's as filed (2) your pay slubs for the preceding six (6) months (3) the Income and Expense Statement auached 10 Ihis order, completed as required by Rule 19\0,110 (4) verification of child care expenses (S) proof of medical coverage which you may have, or may IUI\'e available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer. President Judge cc: Petitioner Respondent ~ Gary Kelley. Esquire ~ 1 " Diane Radcliff, Esquire ~\ U\ -. 11:.1 / /' I A . Qou"q,-\ i 1,'// t' I'-~ ", ' _.-(, --:-J^-L'~U Dale of Order: Mareh 24, 1999 j' v , R, J ~ddaY, Conference Officer YOU HAVE THE RIGHT TO A LAWYER. WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PENNSYLVANIA 17013 (717) 249.316(, . \f\>:'Ji~J,::'l,!>;:d } '.1'.,'.'. ,.., ,,,,,,...."r'"' d.P..I...}} . . . ....,.l,~;i \V sz :13 t\'J 92 (1\\1 GG >>:W10~';:" \ll."-'" j"J. ~o 30~O-O311:l '" .--~'. , . DEBORAII S, CARUSO. Plaintiff IN TilE COURT OF COMMON PLEAS CUMlmRLAND COUNTY. PENNSVLVANIA v, No, 95-J5ZI.CIVIL TERM JOHN J, CARUSO. Defendant CIVIL ACTION. DIVORCE NOTICE TO DEFENJ) AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set furth 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 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 the divorce is indignities or irretrievable breakduwn uf the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE ^ DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOl] CAN GET LEGAL HELP, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013.3387 (717) 240-6200 " ( , n ,\ .1 ,.,"Tl :'!j "-,\.( .:;c, 'i'{J t..:c") . .rt1 u ~ :.0 -< ") : ') ," ....J (:oJ -.. "-:.'1 S1 " ." "~7J DEBORAH S. CARUSO, Phllntlrr v, JOHN J. CARUSO, Ddendnnt IN TilE COllRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIt\ No, 95.J521-CIVIL TERM CIVIL ACTION. DIVORCE DEFENDANT'S ANSWER TO DIVORCE COMPLAINT AND NOW, comes the Defendant, John 1. Caruso, by and through his allorney, Gary L, Kelley, and represents as follows: COUNT I DIVORCE UNDER SECTION J30llcl OR JJOlldl OF THE DIVORCE CODE I. Admilled, 2. Denied, J, Admilled, 4, Admilled, 5. Admilled, 6. Defendant has no knowledge as to what Plaintiff may have been advised, Hence, this averment is denied, 7. Admilled, 8, a, Denied, b, Denied, WHEREFORE, the Defendant respectfully requests that this Honorable Court deny Plaintifrs request. 9, Answers to Averments 1 through 9 are incorporated by reference herein, 10, Admined, 11, Admined, 12, Admined, COUNTERCLAIM COUNT I ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE AND NOW, comes the Plaintiff in the Counterclaim. John J, Caruso, by and through his attorney. Gary L, Kelley. and represents as follows: 13, Plaintiff repeats and realleges the averments of paragraphs I through 12 which are incorporated by reference herein, 14, Plaintiff requires support to adequately maintain himself in accordance with the standard of living established during the marriage, WHEREFORE, Plaintiff requests the Court to award him reasonable alimony pursuant to Section 3701 of the Divorce Code, COUNT II ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 15, Plaintiff repeats and realleges the averments of paragraphs 1 through 14 which are incorporated by reference herein, 16, Plaintiff has no adequate means of support for himself during the course of this litigation, 17. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action, 18, Plaintiff has no health insurance other than that presently available to him through Defendant's employment. WHEREFORE, Plaintiff requests the Court to award him alimony pendente lite, counsel fees, costs and expenses, Respectfully submined, Kelley ID ,46801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 ATIORNEY FOR DEFENDANT Date:~ VERIFICATION I hereby verify that the statements contained herein are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HilL, PA 17011 (717) 737.0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO Plaintiff NO, 95-3521 CIVIL TERM V, CIVIL ACTION - LAW JOHN'J, CARUSO Defendant IN DIVORCE INVENTORY OF DEBORAH S, CARUSO Plaintiff files the following inventory 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, Plaintiff verifies that the statements made in this inventory are true and correct, plaintiff understands that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification t~~~s~~~,~ DEBORAH S, CARUSO, Plaintlff Respectfully submitted, ( Ie Road Hill PA 17011 pnon: 17) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff Dated: September 21, 199B ASSETS AND LYABYLYTIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and liabilities on the following pages: Real property Motor vehicles Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension Plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V,A, benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such asset is in dispute) Other Assets Mortgages owed Loans Credit Cards Other debts (X) 1- (X) 2, ( ) 3, ( ) 4, (X) 5, (X) 6, ( ) 7, ( ) 8, ( ) 9, ) 10, ) 11, ) 12, ) 13, ( ) 14, ( ) 15, 16, ( ) 17, (X) 18, (X) 19, ( ) 20, ( ) 21- ( ) 22, ( ) 23, ( ) 24, (X) 25, ( ) 26, (X) 27, ( ) 28, (X) 29, ( ) 30, DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP HilL. PA 17011 17171737,0100 - 2 - DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (7171737,0100 A, MAJl.ITAL ASSETS Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person, as of the date this action was commenced : ITEM DESCRIPTION OF PROPERTY NAMES OF ALL NO. OWNERS l. Real Estate: Deborah Caruso 681 Deer Rd, Boiling Springs, PA and John Caruso 2,a Motor Vehicle: Deborah Caruso 1984 Renault (given away by husband in 1996) 2,b Motor Vehicle: John Caruso 1989 Subaru (destroyed in 1996) 2,c, Motor Vehicle: Deborah Caruso 1995 Toyota Corolla and John Caruso 5,a Checking Account: John Caruso Husband's PNC checking account no, 50-8021-2144 5,b Checking Account: Deborah Caruso Wife's PNC checking account no, 51-4046-8265 6.a Savings Account: Deborah Caruso Wife's PNC Savings account no, 51-3020-0687 18,a Pension Plans: Deborah Caruso Wife's M&M Mars Pension Plan 18, Pension Plan: John Caruso Husband's Union Pension Plan 19,a Retirement plan: Deborah Caruso Wife's 401K Plan 19,b Retirement Plan: John Caruso Husband's Bricklayer's Annuity Fund 25, Household Goods: Deborah Caruso See attached listing, and John Caruso -3- B. MARITAL LIABILITIES Plaintiff lists all marital debts which either or both spouses, individually or with any other person, were obligated as of the date of separation or the date this action was commenced, whichever is earlier: ITEM DESCRIPTION OF NO. LIABILITY 27, Mortgage 29, Credit Card: NAMES OF CREDITORS NAMES OF DEBTORS PNC Home Equity Deborah Caruso loan account no, 40 and John Caruso 03 048002278573 US Air Visa account Deborah Caruso no, 4356-0031-0564- 2827 C. NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest and all debts which were existing as of the date of separation which are claimed to be excluded from marital property and/or marital debts: ITEM NO. DESCRIPTION OF PROPERTY N/A None BASIS FOR EXCLUSION N/A D. PROPERTY TRANSFERRED Plaintiff lists all property which was transferred by a either spouse within three (3) years of the date of separation: ITEM DESCRIPTION OF NO, PROPERTY 2,a 1984 Renault 2,b, 1989 Subaru DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737,0100 DATE OF CONSIDERATION NAME OF TRANSFER TRANSFEREE 1996 none-gift unknown 1996 none-junk unknown -4- Hew.. Inv.nto~ Famllyroom: One end table (unrepalrable) I cost of entire set Television VCR Replace glass In hutch Replace glass In sliding glass door Two lamps Uvlngroom: Mirror Repair hutch Repair rug Assorted glassware from hutch 3 large teapots 7 small teapots 6 pitchers 4 glasses Paint I repair walls - living room I kitchen hall I upstairs hal Doorknob Dlnlngroom: One large picture Three smaller pictures Braided handbag Paint I repair walls Kitchen: Replace two windows Replace kitchen table Replace one kitchen chair Bedroom: Camera Travel bag + contents Perfume - half full Bed comforter set Replace door Broken bedpost Costume jewlery Watch Paint for closet ".,.... $265,00 $338,14 $285,14 $20,15 $169,00 $82,68 $10,60 $35,00 $45,00 $84,00 $150,00 $20,00 $47,70 $20,06 $95.40 $47,70 $12,72 $55,00 $129,31 $170,00 $34,50 $179,14 $35,00 $45,00 $63,56 $58,30 $150,00 $50,00 $63,60 $15,00 C._~" ~ Other: ' Two nights in hotel Cleaning supplies Wood to cover broken windows Picture development $166,00 $26,00 $1 9.40 $46,28 Milling: Necklace $160,00 Clothing: Lingerie 4 . Handbags 6 . skirts 2 - dresses casual 6 - dress blouses 24 - shirts, casual 6 - shorts 1 . bathing suit 7 - t - shirts 6 - turtleneck shirts 6 - slacks 6 - vests 1 - sweat shirt 2 - bathrobes 4 - nightgowns Oenimn Jacket 7 - blazer jackets 3 - winter coats 1 . rain coat 8 - work dresses 6 - evening dresses 1 - business suit $160,00 $100,00 $196,00 $60,00 $204,00 $480,00 $144,00 $39,00 $106,00 $144,00 $246,00 $132,00 $19,00 $43,00 $96,00 $39,00 $623,00 $449,00 $120,00 $712,00 $600,00 $220,00 Sub-total $8,082,37 CEFTIFICATE OF SERVICE AND NOW, this ~1*"day of ~~, 1998, I, DIANE G, RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within Plaintiff's Inventory, upon the attorney for the Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Gary L. Kelley, Esquire 132 Walnut Street Harrisburg, PA 17101 Respectfully DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737.0100 - 5 - 8- .0 0 0:> 'ft ~. U'> .-4 ~H I"'l :~; '"::! -oJ .....tn ~."I ", :'\(( .~. l\ <,II UJ.': I-)~ , J'_~ .-:0 ::>- 'I~;\~ ~:-. ::r. q~.., 6C) ',' n '!? Ll .,.~ '. -> ~ '" ~l (:0 ;..; \ \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S, CARUSO Plaintiff NO, 95-3521 CIVIL TERM V, CIVIL ACTION - I.AW JOHN J, CARUSO Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEBORAH S. CARUSO DATED I September 16, 1998 PART I INCOMll A. IlKPLOYMBNT INFORMATION. EMPLOYER. M&M MARS ADDRESS. 295 BROWN STREET, ELIZABETHTOWN, PA 17007 TYPE OF WORK: PAYROLL NUMBER. PAY PERIOD: 135-50-1033 WEEKLY B. IlKPLOYMBNT INCOMB. GROSS PAY PBR WBBIt 1,447,52 ITEMIZED DEDUCTIONS FICA/MEDICARE) 118,65 FEDERAL TAX 253,89 STATE TAX 43,43 LOCAL TAX MANDATORY RETIREMENT 15,82 VOLUNTARY RETIREMENT UC/SUI MEDICAL INSURANCE MISCELLANEOUS INSURANCE MISCELLANEOUS DEDUCTIONS-SPECIFY TOTAL DBDUCTIONS 685,68 685,68 MIlT PAY PBR WBBIt 761. 84 MIlT PAY PBR MONTH $3,298,76 B, OTHBR INCOMB. DBSCRIPTION INTEREST DIVIDF.NDS PENSIONS ANNUITIES SOCIAL SECURITY (FOR 2 CHILDREN) RENTS ROYALTIES EXPENSE ACCOUNT GIFTS UNEMPLOYMENT COMPENSATION WORKMAN'S COMPENSATION INCOME TAX REFUNDS SUPPORT OR ALIMONY COMMISSIONS TIPS OTHER (SPECIFY) TOTAL OTHBR INCOMB MONTHLY YBARLY 0,00 0,00 0,00 0,00 448,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 0,00 $448,00 $0,00 PART II BXPBNSBS DBSCRIPTION BOMB BXPBNSBS. RENT FIRST MORTGAGE SECOND MORTGAGE OR HOME EQUITY LOAN MAINTENANCE AND REPAIRS ELECTRIC GAS OIL TELEPHONE WATER SEWER MOIlTHLY AMOllNT 0,00 0,00 745,54 125,00 201,40 0,00 0,00 227,43 32,67 41. 07 DB SCRIPTION MONTHLY AMOllll'1' TRASH 55,00 EMPLOYMENT TRANSPORTATION 28,15 LUNCHES 194,85 UNIFORMS/OTHER SPECIFY 0,00 TAXBS I REAL ESTATE TAXES 140,49 PERSONAL PROPERTY TAXES 0,00 PER CAPITA/OCCUPATION TAXES/SCHOOL TAXES 74,96 %NIllJRANCB. HOMEOWNERS INSURANCe: 35,08 AUTOMOBILE INSURANCE 88,75 LIFE INSURANCE 15,59 ACCIDENT INSURANCE (NOT DEDUCTED FROM PAY) 0,00 HEALTH INSURANCE (NOT DEDUCTED FROM PAY) 0,00 A~OMOBILB BXPBNSBS. "; PAYMENTS 0,00 FUEL 216,50 MAINTENANCE AND REPAIR 70,83 LICENSE AND REGISTRATION 3,00 MIlDJ:CAL BXPBNSBS NOT RBIMBURSBD BY INSlJRANCB. A DOCTOR 12.50 DENTAL 29,17 ORTHODONTIC 0,00 HOSPITAL 0,00 MEDICINE 14,58 SPECIAL NEEDS/GLASSES 16,67 BDI1CATJ:ONAL BXPBNSBS. '...;i PRIVATE SCHOOL 0,00 PAROCHIAL SCHOOL 0,00 COLLEGE/VOCATIONAL 626,77 DISCRIPTION RELIGIOUS TRAINING/EDUCATION FEES AND SUPPLIES BOOKS OTHER PDSONIIL IUINS.S I CLOTHING FOOD LAUNDRY AND DRY CLEANING BARBER AND HAIR DRESSER CREDIT CARD PAYMENTS MEMBERSHIPS OTHER LOANS. 1- 2, IIISCBLLANlrOtJS BXPINSBS. HOUSEHOLD HELP CHILD CARE NEWSPAPERS/MAGAZINES/BOOKS ENTERTAINMENT PAY TV VACATIONS GIFTS AND TOYS LEGAL FEES CHARITABLE CONTRIBUTIONS OTHER CHILD SUPPORT OTHER SPOUSAL SUPPORT/ALIMONY OTHER MIse, EXPENSES/ VET TOTAL EXPENSES KONTHL Y JlKOtnIT 0,00 25,00 0,00 0,00 350,00 675,00 35,00 52,50 0,00 0,00 0,00 0,00 0,00 0,00 0,00 25,00 324,75 29,60 125,00 100,00 150,00 20,83 0,00 0,00 16,66 U. '25.34 PROPIRTY OlnlllD OlllllRlBIP TYPE DESCRIPTION VALUE H W JT CHECKING PNC $129,27 X " SAVINGS PNC $279,70 X " , CREDIT UNION STOCKS/BONDS REAL ESTATE 6B1 DEER RO BOILING SPRINGS PA $130,000,00 X OTHER TOTAL $130,40B,97 %JfI1JJWlCI COWRAal TYPE HOSPITAL/BLUE CROSS MEDICAL/BLUE SHIELD COMPANY AETNA US HEALTH CARE POLICY NO, H w C X X SAME X X HEALTH ACCIDENT DISABILITY INCOME DENTAL VISION OTHER-SPECIFY *HaHusband; WaWife; J=Joint; CaChild SUPPLEMENTAL INCOME STATEMENT [X] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity, (b) Attach to this statement a copy of the following documents relating to the partnership, joint ven:ure, business, profession, corporation or similar entity (check block to indicate the document is attached). (1) The most recent Federal Income Tax Return, (2) The most recent Profit and Loss Statement, [ ) attached [ ) attached (c) Name of Business. Business Address. Business Telephone: (d) Nature of Business (check one) [ ] 1- Sole Proprietorship [ ] 2, Partnership [ ] 3, Joint Venture [ ] 4, Professional [ ] 5, Corporation [ ] 6, Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1- Annual income from business: 2, How often is income received: 3, Gross income per pay period 4, Net income per pay period 5, Specify deductions, if any: I, DEBORAH S, CARUSO, verify that the facts set forth in the foregoing Income and Expenses 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 Pa, C,S, 4904 relating to unsworn falsification to authorities, DATE: 10/14/'lR f) S C(t/l~'~ . DEBORAH S. 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" " '" i D " i D D I '" '" '" B '" " " " , Employer: M&M MARS IN!: PACSES Case No,: 836100314 Re: DBBORAH S, CARUSO SSN: DOB: 08/17/54 HEALTII INSURANCE COVERAGE REPORT This form must be completed and returned within ten (10) days, Failure to comply may result in issuance of a subpoena or other appropriate sanctions, Does the employer make medical, ~' eye care, prescription or other insurance coverage available to the employee? es No Name the dependents covered under the employee's insurance, and indicate which types of coverage they have through your company. TvMof Co,erae .......NMlle -r. ~ ~4Co.-"~o ~o\.v..: ('0..., I . !Uo. 5S!i _~ i!sIIIII 11s-1tl- ~\~~ (X) (X) (X) 115-10.'l.1\\l" (x) (7-) {X) 151-31,,-Q3G.1o (X) b<) ('x) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) E1l~2Im l;><-) ~X) ( ) ()<.) (><) ( ) <'><') (>X') ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) Provide the information indicated for each type of insurance which is available to the employee whether or not any of the above-named dependents are covered at this time: Insurance company (provider): )~o...l,th,~\C>-:\c.\ Claimsaddress: .~q.o ~~ kL-. ~'I 1kuut'-:ct:L."-. ()co.. /lCcO I Group #: l\. 5 ~ u I Plan #: Policy #: Effective coverage date: --L\!19 'i Type of Coverage: Hill 0 Cost of coverage for dependents: - Ll - Insurance company (provider): ~CL U, s. /.JJ a.ltJ\ ~~ Claims address: r:O, &.I- c/l'" 1/1. ~c>to N~ ~7'10~ Group #: "7 ~o:l.. Plan #: ' Policy #: ;00 (/9J.. Effective coverage dale: 1 Type of Coverage: P 1,1 J Cost of coverage for dependents: ' cJ - Page 3 of 4 . Service Type M Form IN.IlIS Worker ID 21205 " CARUSO v, CARUSO PACSES Case Number: 8361003U Insurance company (provider): Claims address: Group #: Plan #: Effective coverage date: Cost of coverage for dependents: Policy #: Type of Coverage: Insurance company (provider): Claims address: Group #: Plan #: Effective coverage date: Cost of coverage for dependents: Policy #: Type of Coverage: If the above-named dependents are not currently covered by insurance, please state the earliest date coverage could be provided PLEASE PROVIDE FORMS NECESSARY TO ADD DEPENDENTS, AS THE EMPLOYEE MAYBE ORDERED TO PROVIDE COVERAGE FOR THEM, I verify that the statements made on this Health Insurance Coverage Information form 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, Dale: ~) 9~ ~r-'-lG-u-Cfb01(, SignarofC .&,u.to:a Title Please return Ihe completed docUDICnts 10: DOMESTIC RELATIONS SBCTION P,O, BOX 320 CARLISLB PA 17013 Phone: (717) 240-'125 Fax: Service Type M Page 4 of 4 Form 1N"()15 Worker 10 21205 -- 0 ,0 !.tl r~ ....,:0 ~'.7~; ',,> ,~ ,'1 .;: "'!1 ""-.'1 '3 ';....!i I f'!.:-.. :. ~ f r-3 ..,~ ." :':'.:; '.11 ~~..; :rJ r . 1'- }-; ('-, :~~ ;r: =tJ .h ~.::() ::i:~ t?, i:jm -, :":1 '" }.~ -- ...1 ~ DEBORAH, CARUSO, Plaintiff/Respondent DR28,436 PACSES ID 11768100853 : IN TIlE COURT 01' COMMON PLEAS : CUMBERLAND COUNTY, PENNSYl.YANIA vs, , : DOMI:STIC REI.ATIONS SECTION : CIVIL ACTION - I.A W JOHN J, CARUSO, Defendant/Petitioner : NO, 95 - 3521 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of April, 1999, based upon the Court's detennination that Petitioner's monthly net income/earning capacity is $896,00 per month and Respondent's monthly net income/earning capacity is $4,579,00 per month, it is hereby Ordered that the Respondent pay to the Domestic Relations Section, Court of Common Pleas, $1,105,00 a month payable month~ as alimony pendente lite, effective March 22, 1999, First payment due April 20, 1999 and on the 20 day of each month, Arrears set at $1,105,00 as of April 15, 1999 are payable at $20,00 per month. This order is based upon the respondent having the care and custody of the parties' two children Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa,C,S,~ 3703, Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months, Payments must be made by cash, check or money order. Cash payments must be made in person, All checks and money orders must be made payable to Domestic Relations Section and delivered 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 (Pacses# 768100853) in order to be processed, Respondent is responsible for annual service fees of $26,00 to be paid within 90 davs of receipt of this order, Unreimbursed medical expenses are to be paid 0% by the respondent and 100% by petitioner, Respondent to provide medical insuranc: coverage, Within thirty (30) days after the entry of this order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made, Proof of coverage shall consist, at a minimum, of: I) the name of the 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 of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms, This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court, Copies delivered to parties on Consented: PlaintifflPetitioner PlaintifflPetitioner's Attorney DefendantlRespondent DefendantlRespondent's Attorney DRO: R, J, Shadday cc: Petitioner Respondent M~ Gary Kelley, Esquire I\\o\,:ou.. ~\~"'q'l Diane Radcliff, Esquire BY THE COURT, Edward E, Guido J, , , < n ,,? 0 _.f~ Io.D .1'1 '"'::1- ,;J "'." ....~, " :!l ~...-' ::u "f-- ;';~':.'- "" ."t'Tl C' N ~- ::J .. ' ~ ,.L, ~',:~ ~.~.. .-;1 ',;.~~\~ ~' ~{; f~ !:" ;:yn ..4 .- -.~. :'''1 -::> :i:! .< I.,) -< In the Court of Common Plea~ of CUMBERLAND County, Pennsylvania DOME!,.TIC RELATIONS SECTION JOHN J, CARUSO ) Dudtl NUIlIhi:r 95-3521 CIVIL l'lahulff ) VS. ) PACSES Cast NUllIhtr 768100853 DEBORAH S, CARUSO ) Dtftlldant ) Olhtr SllUt ID NUIlIhi:r PETITION FOR CONTEMPT . DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: it I, Petilioner is County Domestic Relations Section, CUMBERLAND 2, Defendant is DEBORAH S, CARUSO 681 DEBR RD, BOILING SPRINGS, PA, 17007-9644-81 3, On MARCH 22, 1999 an order of suppon was entered by the Honorable Coun directing Defendant to pay the sum of $ 1,125,00 per month for the suppon of his/her dependent(s), 4, Defendant has failed to comply with the order as entered by the Coun by failing to: iii pay as ordered, o provide information which was ordered, o appear as ordered, o other: 5, The arrearages under the Order amount to $ 2,144,00 as of JUNE 29, 1999 WHEREFORE, Petitioner prays that the Coun issue an order directing the attendance of Defendant at a hearing of said Petilion and hereafter to make an adjudication of contempt, I verify that the statements made in this Petition are true and correct to the best of my knowledge, I understand that false statements herein are made to the penalties of 18 Pa. C,S, !l4904 relating to unsworn falsification to authorities, " ,'. .; ; /'," 'I .,' .. .. .. ,ii,_~...,.' _''-'''i',+-. '.0_" '/ .- I v , ( \, (j) I;)Cf /q1 Date' ',', 0'": ;..l.4 ).' Signature? StlVi~t Type M FornI EN-007 Wurktr ID 21301 g 6- f-q-- F" 8 -r.,;: Ljt.. ,~i " L'" \...::';' ~~~ I !.' I "- r-; i' '::'1 " .: ~ ~ .-' ~ - , ~ '^,. " I ....j .' ::(i :? ":--' t~ tHE COURT OF COMMON PLE.\S OF CL'l1IlElU.AND COUNTY. PEmlSYLVANIA ~ 'oC'\(' Q '" -6. Ca.. f'1A.. ~D Plaintiff vs. -- ~hV"'\ -:s- Co..<C"\.A.... ";:.t, ~O. Q.S - ~S'2..1 19 xonON FOR APPOnlnmlT OF MASn:R (Plaintiff) (Defendant), following claims: moves the court to appoint a master with respect to the (><.> Divorce ( ) .>.nnulmenc ( ) Alimony ( ) Al:lmony Pendence Lite (~ ( ) ( ) ( ) Distribution of Property Supporc Counsel Fees Costs and Expenses and in supporc of the motion scates: (1) Discovery is complece appoincm&nc of a master is requested. (2) The defe dent (ha (by his atcorney. (3) as to the cla:lms(s) for ~hich the the action (personally) ,Esquire). l (are) ~ ~C \(d following claims: (4) Delete the inapplicable paragraph(s): ~a) tha ae.i~M 4. ~~~ Iva..aead. _\ (b) An agreement has been reached with respect to the ~'\.)t'~"-l \.. (c) The action is contesced with respect :0 t e fo lowing '0 . . The accion (b-._l.es) (does not invol omplex issues or (6) The hearing is expected to take \,.\... ^ (hours) (days). (7) Additional informacion, if any. relev~~the motion: D claims : or fact. Date: G\-2S-C\<;(' ~ ORDER APPOI~nlG MASTER AND ~OW / .,.1 1,19 t?(!( c: ~ is appoinced mas er with respect to"'the following cla:lms: f Esquire, ('? /1/ ___ J 8 '" 0 C;) '" 'r tI) -. "U tn ''Tl -:r:..o Qj(ii -0 1Ir- gi;~.. N "J~ U1 .'J ':J ~~\ :,:l-t' :>0 ...~ :J: ;~~;;: ;":;C:{ rr: ~ ~ '- ~ :..:> :I,.. ,- ~ .~() r' -' o on ._t ",' -t) :"',- -.. "0 'I.\. ')t. ) . !-h ~ . "('J ,');') "M' U .-. ",. ~ 2 .- .p tP .f) f'"' "'-' ""0\;' f"1l'" I.....; .~! ;-~ \. ~_.~. f7:'l ~- ~;r..~'. ~. ~ " ).~-. ,,) (;; ",., .' :'J ..4.. ::l (~ DEBORAH S. CARUSO. Plaintiff vs. JOHN J. CARUSO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 3521 CIVIL IN DIVORCE ORDER OF COU"," AND NOW, this ~ day of ~ - 1999, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement decree in divorce. cc: Diane G. Radcliff Attorney for Plaintiff agreement dated December 8. 1999, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final Gary L. Kelley Attorney for Defendant BY THE COURT. P.J. _ CcfU-..J ~~et. 1til.//,S/'19. .J.1'. -- p ..:;: "n'. Ctlf!.. .-1. 0-:::t~:; ~'. 1"--.,'" .'~~'~' ,.,;,( \ ....-r-' <:~ ~ ~o 1.0 f:::> , >, "') - .(:- () '')1 ::::.' ".... 'k ~," 'r) ,j ~~I ',;',1: j~~~iJ Cjrr; ;~:1 ..i) .... :.':.) -'0 fl., ,. :." ,~ DIANE G. RADCLIFF J448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. CARUSO Plaintiff NO. 95-3521 CIVIL TERM V. CIVIL ACTION - LAW JOHN J. CARUSO Defendant IN DIVORCE THIS AGREEMENT made this fflL-day of f)~ , 19Jj, by and between DEBORAH S. CARUSO ("WIFE II ) of 681 Deer Road, Boiling Springs, PA 17007 and JOHN J. CARUSO ("HUSBAND") of P.O, Box 5042 Martinsburg, WVA 25402. WIT N ESE T H : WHEREAS, the parties hereto are husband and wife, having been married on December 5, 1981 in Pennsylvania and separated on April 14, 1995. ~R~S, There were three (3) children born of this relationship: Tara Caruso born March 22. 1977, Megan Caruso born January 25, 1983 and Tracy Caruso born April 22, 1985 ("the ChildrenU). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of Page 1 of 25 DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (117) 737-0100 FAX: (717) 975-0697 , . settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general. the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW I THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby. covenant and agree as follows: 1. iNCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREF.MF.NT NOT A BAR TO DIVORCE PROCEEDiNGS: This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. Page 2 of 25 .. . 3. DIVORCE DECREE. The parties acknowledge irretrievably broken and that that their marriage they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, 4. EFFECT OF DIVORCE DECREE. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. S. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 7lHlIOO FAX: (717) 97S-!J697 is DIANE Q. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 aforesaid incorporation or as otherwise provided by law or statute, 7. DATE OF EXECUTTON: The "date of execution", "execution date" or "date of this Agt'eement" shall be defined as the date of execution by the party last executing this Agreement. 8. DTSTRTBUTTON DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein, 9. ADVTCE OF COllNSEL' The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Gary L. Kelley. Esquire for Husband. and Diane G, Radcliff, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations, They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. FTNANCTAL nTSCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other. Page 4 of 25 "-.. ~"".'" 'tioI','-;I;'_~...,.,_... '-' . .:.... DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737~100 FAX: (717) 97'-0697 as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 11. DYSCLOSTJRF. AND WAYVER OF PROCEDTJRA T. RYGHTS' Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have of appraisals or otherwise, have the right to have all such property valued by means Both parties understand that they a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud. duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party, Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, Page S of 2S .~':- b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court, c, The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. The right to have the court decide any other rights, remedies. privileges, or obligations covered by this Agreement, including, but not limited to. possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 12 . BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right and option to declare this Agreement to be null and void and to DIANE Q, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 Page 6 of 25 terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 13. aOCTAL SECURTTY BENEFTTS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the , parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualif.ied as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 14. TNCOME TAX MATTERS. With respect to income tax matters regarding the parties acknowledge that they have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her ,separate income on the aforesaid joint returns. 15. PERSONAL RTGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by DIAl"E G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. P^ 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 Page 7 of 25 the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 16. MUTUAL RELF.ARES. Husband and Wife each do hereby mutually remise. release. quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: a. Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. b. Any and all rights and claims of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; DIANE Q, RADCLIFF J.l48 TRJNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737'()lllO FAX: (717) 97'-0697 Page 8 of 25 DIANE G, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.()IOO FAX: (717) 975.Q697 c. the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State. Commonwealth or Territory of the United States, or (c) any other country; d. any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite. counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 17. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, Page 9 of 25 18. MUTUAL COOPERATTON. I I Each party shall, at any time and from time to time I, hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. AGRE~NT BTNDTNG ON HETRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. TNTEGRATTON. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 21. OTHER DOCTJMF.NTATTON. Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all written instruments, assignments, releases, satisfactions, deeds, notes. stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement, 22. ~TVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of DIANE G, RADCLIFF 3448 TRJNDLE ROAD CAMP HILL. PA 17011 PHDNE: (717) 737-0100 FAX: (717) 97'-0697 Page 10 of 25 DIANE Q, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.0100 FAX: (717) 975-0697 this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same. nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 23. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b, The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action, c. The right to all remedies set forth in Section 3502 (e) of the Pennsylvania Divorce Code, 23 PA. C.S.A, 3502(e). and any additional rights and remedies that may hereafter be Page 11 of 25 enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws, d. Any other remedies provided for in law or in equity. 24. LAW OF PENNSYLVANIA APPLICABLE, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 25. SEVERaRILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation, Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties, 26. FINAL EOUITABLE DISTRIBUTION OF PROPERTY, The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this DIANE G. RADCLIFF l448 TRINDLE ROAD CAMP HILL. PA 17011 I PHONE: (717) 7J7-l1l00 FAX: (717) 97'-0697 Page 12 of 25 DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 7l7.()IOO FAX: (717) 97S-0697 Agreement is a full, final. complete and equitable property division. 27. WAIVER OF INHRRITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right. title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party, 28. DIVISION OF PERSONAL PROPERTY, Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation to, the following: jewelry, clothes, furniture, furnishings, rugs, carpets. household equipment and appliances, tools. pictures, books, works of art and other personal property ("the Personal Property"). Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive. release, renounce and forever abandon whatever claims, if any. he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 29. AFTER-ACOUIRRD PROPERTY, Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property. tangible or intangible. real, personal or mixed. acquired by him or her, since April 14, 1995, the date of the Page 13 of 25 DIANE G, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.Q\OO FAX: (717) 97'.Q697 parties' marital separation, with full power in him or her to dispose of the same as fully and effectively. in all respects and for all purposes. as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right. title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 30. DYVYRION OF VF.HICLES, BOATR AND THE LYKE. With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement. the parties agree as follows: a. The 1989 Subaru (destroyed) and the 1995 Toyota Corolla shall be the sole and separate property of Wife. b. 1984 Renault (given away) shall be the sole and separate property of Husband. c. Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. d. The titles to the Vehicles shall be executed by the parties, if appropriate. for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. e, For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Page 14 of 25 DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737'()11JO FAX: (717) 97'.Q697 ,''', Vehicle is unavailable due to financing arrangements or otherwise. f. In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. g. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph, 31. SALE OF REAL ESTATE. The parties are the owners of a certain tract of improved real estate known and numbered as 681 Deer Road. Boiling Springs, PA 17007 ("the Real Estate") having an approximate value of $150,000,00 and which is encumbered with a mortgage owed to PNC having an approximate balance of $45,000,00 ("the Mortgage"). With respect to the Real Estate and the Mortgage the parties agree as follows: a. The Real Estate shall be listed for sale with a mutually agreeable real estate broker on or before March 1, 2000. The parties shall thereafter market and sell the Real Estate at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. b. Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgage and all Page 15 of 25 other normal and reasonable settlement costs. shall be applied to the payment of the following, listed in order of priority of payment: 1. Payment to Husband of the amount of $100,000.00 or the remaining balance of the proceeds if said proceeds are less than $100,000.00; 2. Payment of the remaining balance, if any, to Wife. c. Pending the sale and settlement, Wife shall be entitled to exclusive possession of the Real Estate and shall pay all expenses relating to the Real Estate, including, but not limited to, the Mortgage, real estate taxes, insurance. utilities and the like. d. Wife shall be responsible for the timely and prompt reporting of 100% of the gain derived from the sale of the Real Estate, if applicable. on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including. but not limited to, capital gains taxes or the equivalent, and shall indemnify, protect and hold the Husband harmless therefrom, 32. DIVISION OF RETIREMENT AND PENSION PLANS. Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be. in any Pension Plan. Retirement Plan, IRA Account, Profit Sharing Plan, 40l-K Plan. Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party. whether acquired through said party's employment or otherwise. ("the Retirement Plans"). Hereafter DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-ll100 FAX: (717) m-ll697 Page 16 of 25 DIANE Q. RADCLIFF J44S TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-0100 FAX: (717) 97'-0697 the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. The foregoing notwithstanding, it is understood and agreed that Husband shall be receiving a total monetary payment of $100,000.00 as part of the equitable division of the parties marital assets. Pursuant thereto, the following shall apply: a. In the event the proceeds to be paid to Husband from the sale of the Real Estate pursuant to the terms of Paragraph 31 herein are less than $100,00.00 then Husband shall receive a distribution from Wife's 401K Plan in an amount equal to the difference between $100,000.00 minus the amount of the proceeds he receives from the sale of the Real Estate, b, Said payment shall be made by way of a Qualified Domestic Relations Order ("QDRO") which QDRO shall be entered in the divorce case upon sale and settlement of the Real Estate and determination of the amount to be paid to Husband from the retirement account. c, It is anticipated that Husband will then withdraw his share of the aforesaid retirement benefits. When that withdrawal has been made and the amount of tax and penalty resulting from said withdraw has been finally determined, Wife will then make an additional payment to Page 17 of 25 DIANE G, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.QIOO FAX: (717) 97,.Q697 Husband equal to the determined amount of the taxes and penalties resulting from that withdrawal, For purposes of this agreement the amount of the taxes owed by Wife shall be determined to be the amount of tax that Husband owes on his federal income tax return minus the amount of tax that he would owe had the retirement rollover sums withdrawn by Husband not been included on that return, Husband shall provide Wife with appropriate information and documentation as to the amount of tax and penalties to be paid together with a copy of his tax return and other appropriate documents evidencing the amount of tax and penalty actually paid at the time payment is requested. Wife shall then make that additional payment to Husband within thirty days of that date. 33. DIViSION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit. bonds, shares of stock. investment plans and life insurance cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive. release, renounce and forever abandon whatever right, i' title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. Page 18 of 25 DIANE Q, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-0100 PAX: (717) 97'-0697 34. WYFE'S DEBTS. Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 35. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 36. MARYTAL DEBT. [ ~~ i During the course of the marriage. Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts" l. and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: a, Wife shall be solely responsible for the following bills and debts: Page 19 of 25 - . . 1. US Air Visa, account no. 4356-0031-0564-2827; 2. Any vehicle loan for Wife'S Vehicles as required and set forth in Paragraph 30 herein. 3. Wife's share of any and all taxes resulting from the sale of the Real Estate as required and set forth in Paragraph 31 herein; 4, Any and all taxes resulting from her withdrawal of funds from her Retirement Plans set forth in Paragraph 32 herein; 5. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife'S sole name, and not otherwise provided for herein. b. Husband shall be solely responsible for the following bills and debts: 1, Any vehicle loan for Husband'S Vehicles as required and set forth in Paragraph 30 herein, 2, Husband's share of any and all taxes resulting from the sale of the Real Estate as required and set forth in Paragraph 31 herein; 3. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans set forth in Paragraph 32 herein, subject to reimbursement therefor as provide in Paragraph 32; 4, Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband'S sole name and not otherwise provided for herein, DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (711) 737.()IOO FAX: (711) 975-0697 Page 20 of 25 c. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall i~mediately repay the same, e, Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. f, From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within sixty days of the date of this Agreement so as to release the other party from any and all liability thereunder. 38. INDRMNTFICATION. Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees DIANE G. RADCLIFF 3448 TRlNDLE ROAD r CAMP HILL. PA 17011 PHONE: (717) 7J7.(}IOO FAX: (717) 97S.(}697 Page 21 of 25 and costs incurred by the other party as defending against the obligation and/or provisions of this indemnification, ALTMONY. SPOUSAl. SUPPORT AND COSTS. the result of enforcing the 39. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees, costs and expenses, The foregoing notwithstanding the parties agree that Husband shall pay Wife alimony in accordance with the following terms and conditions: a. The current alimony pendente lite order dated April 15, 1999 entered in the above referenced divorce action docketed to No. 95-3521, DR# 28,436, Pacses #768100853 shall be terminated effective the date of the divorce. Any arrears or credits existing on that order shall be added to the alimony order to be entered in accordance with the following provisions. b, Commencing with the date of the divorce and continuing monthly thereafter until the sale and Settlement of the Real Estate pursuant to the terms of Paragraph 31 herein, or until the. death of either party, whichever shall first occur, Wife shall pay Husband alimony in the amount of $1,105.00 per month, which amount shall be prorated for any partial month. Any arrears existing on this amount pursuant to the provisions of the DIANE G. RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 Page 22 of 25 preceding subparagraph a. shall be paid at the rate of $20.00 per month. c. The alimony shall be reported by Husband as income on his applicable income tax returns and deductible by Wife on her applicable income tax returns, For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Wife and Husband associated with a dissolution of their marriage and pursuant to a written marital agreement. d. The alimony provisions set forth in this Paragraph shall not be subject to modification by the Court or the parties absent mutual written agreement e. The alimony shall be paid through the Domestic Relations Office of Cumberland County pursuant to an Order to be entered by that Office in accordance with the terms hereof, 40. CUSTODY, Wife shall have primary physical custody of the parties minor children subject to Husband's rights of partial custody at such times and places as the parties shall hereafter mutually agree. At a minimum Husband's rights of partial custody shall include time on Thanksgiving Day and on Christmas Day commencing in 2000 at such times as the parties shall mutually agree, 41. HEADINGS NOT PART OF AGREEMENT, Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience DIANE Q, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737-0100 FAX: (717) 97S.()697 Page 23 of 25 DIANE G, RADCLIFF 3448 TRlNDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 73701)100 FAX: (717) 97'-0697 of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: .~ ~ A'm~ iJ,i.~ciu~ ~Q. ~ /~aWA<' (SEAL) (SEAL) Page 24 of 25 .. INCOME AND EXPENSE STATEMENT OF JOHN J. CARUSO INCOME Employer: None, Defendant is unemployed due to disability. He receives approximately $852,00 per month from Social Security Disability, Address: Type of Work: Payroll Number: Pay Period (weekly. biweekly, etc.): Gross Pay per Pay Period. . , , , . . . . Itemized Payroll Deductions ... , . . . Federal Witholding ..,........ Social Security ..........." Local Wage Tax .,.,....,.... State Income Tax . . . . . . . . . . . . , Retirement ............... Savings Bonds ..".,'....... Credit Union. . . . . . . . . . . . . . . Life Insurance. . . . . . , . . . . . . . Health Insurance . . . . . . . . . . , . . Other (specify) Net Pay per Pay Period: ......... $852.00 TOTAL INCOME $852.00 EXPENSES Month HOME MortgagefRent $400.00 Maintenance Utilities Electric Gas Oil Telephone Varies monthly as Defendant dose not have a telephone and must make all calls on a pay phone. A reasonable estimate would be $50.00 per month. Water EMPLOYMENT Public Transportation Lunch TAXES Real Estate Personal Property Income INSURANCE Homeowners Automobile Life Accident Health Defendant is presently Defendant lacks the means to purchase insurance. Other AUTOMOBILE Payments Fuel Repairs MEDICAL Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, $50.00 braces, orthopedic devices) EDUCATION Private School Parochial School College Religious PERSONAL Clothing Laundry/Dry Cleaning Food BarberlHairdresser Credit Payments Charge Account Credit Card Memberships LOANS Credit Union ... , Sewer Varies monthly as the need arises. $50,00 covered by Plaintirrs employment. $75,00 $25.00 $50.00 $15.00 $125.00 $15.00 ". MISCELLANEOUS Household Help Child Care Papers/Books $10.00 Entertainment $25.00 Pay T.V, Vacation Gifts Unable to afford gifts. Legal Fees $50,00 Charitable Contri. OTHER CHILD SUPPORT ALIMONY PAYMENTS OTHER Sub-Total E"penses $940.00 GRAND TOTAL $940.00 DEBORAH S. CARUSO, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA v. NO. 95.3511 CIVIL TERM JOHN J. CARUSO, Derendant CIVIL ACTION. DIVORCE LIST OF MARITAL ASSETS OF JOHN J. CARUSO AND NOW, comes the Defendant, John J. Caruso. by and through his attorney, Gilly L. Kelley, and respectfully submits the following: Dn<r1ptlon .r p"'pert)' Owa~r(.) v..... Marital residence at 681 Deer Road Boiling Springs. Pennsylvania Joint Unk. 1995 Toyota Corolla Joint Unk. Wife Unk. Wife Unk. Husband Unk. Husband Unk. Joint Unk. Husband Unk. Wife's Pension from Employment Wife's 401(k) Plan from Employment Husband's Union Retirement Husband's Bricklayer Retirement Household Goods Husband's Personal Property Husband submits that additional assets exist. However, this information is in the custody and control of Plaintiff. Ilobb This information is in the custody and control of Plaintiff. .... .... .. .~s.. " l::,. = ::l3l~ ~~~:: ~ 1..: ,'; l:i 'C:: ....., ~...::: ~ E!'" c.. J:;: e -<"a o . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. CARUSO Plaintiff 1/1-/qBr- NO. 95-3521 CIVIL TERM V. CIVIL ACTION - LAW JOHN J, CARUSO Defendant IN DIVORCE AND NOW, PRE-TRIAL this olvv-1 day of STATEMENT U~~.c. , 1998, comes the Plaintiff, Deborah S. Caruso, by her attorney, Diane G. Radcliff, Esquire, and files the following set forth Pre-Trial Statement: TABLE OP CONTENTS 1. BACKGROUND INFORMATION. 2, LISTING OF MARITAL ASSETS AND DEBTS. 3. PENSIONS. 4. INCOME AND EXPENSES. 5. COUNSEL FEES AND COSTS. 6. EXPERTS. 7. OTHER WITNESSES. 8. LISTING OF PROPOSED EXHIBITS. 9. PROPOSED RESOLUTION, DATED: \ \-'2.4 ~ Respectfully Submitted, , ESQUIRE e Road C mp Hil PA 17011 Su Court 10 # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff I DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE (717)737.0100 10"32112 A. PARTIES I I. BACKG~ iNFORMATiON _~f~~;~~':M'~f;i~tZ2~t~;.tft;i?:X,~ /!.~:,~~("-~i:::r,:;:$~t,,:;t";i\-JW$~_:Xt:;:J~fi~.;:X:';-~~H?#,a~~.'_, ~~i" ;,- " NAME ADDRESS AGE DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH EMPLOYER NORMAL OCCUPATION LENGTH OF RESIDENCY IN PA EDUCATIONAL BACKGROUND NAME ADDRESS AGE DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH EMPLOYER OCCUPATION LENGTH OF RESIDENCY IN PA EDUCATIONAL BACKGROUND DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737.0100 10 If 32112 JOHN J. CARUSO PO BOX 5042, MARTINSBURG, WV 25402 51 7/22/47 NEWARK, NEW JERSEY 151-36-9366 MENTAL DISABILITY UNEMPLOYED MASON NOT APPLICABLE HIGH SCHOOL GRADUATE WIFE DEBORAH S. CARUSO 681 DEER ROAD, BOILING SPRINGS, PA 17007 44 8/17/54 PATERSON, NEW JERSEY 135-50-1033 GOOD M & M MARS, INC. RESEARCH SCIENTIST 1989 BA IN CHEMISTRY, WILLIAM PATERSON COLLEGE Page 2 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (7171737.0100 10 !II 32112 B. CHILDREN OF THIS MARRIAGE, NAMES AGES DATE OF TARA CARUSO 21 3/22/77 MEGAN CARUSO 15 1/25/83 TRACY CARUSO 13 4/22/85 COMMENTS: THE TWO YOUNGEST CHILDREN RESIDE FATHER PAYS $448.00 PER MONTH IN SSD BENEFITS. BIRTH EMANCIPATION YES NO NO WITH THE WIFE. SUPPORT BY WAY OF C. MARRIAGE INFORMATION I 12/5/81 PENNSYLVANIA 4/15/95 HUSBAND WAS EVICTED FROM MARITAL RESIDENCE DUE TO PHYSICAL ABUSF.. 1ST PFA ORDER ENTERED ON 5/10/95. 2~ PFA ORDER ENTERED ON 5/20/96, DATE OF MARRIAGE PLACE OF MARRIAGE DATE OF SEPARATION CIRCUMSTANCES OF SEPARATION D. PRIOR MARRIAGES, I WIFE HUSBAND I NONE ONE E. CHILDREN OF OTHER I WIFE HUSBAND RELATIONSHIPS/MARRIAGES, I NONE NONE Page 3 F. PROCEEDINGS INFORMATION, DATE ACTION COMMENCED DATE OF SERVICE OF COMPLAINT MANNER OF SERVICE OF COMPLAINT 6/23/95 7/20/95 ACCEPTANCE OF SERVICE BY ATTORNEY KELLY NO-FAULT DIVORCE 3301 (e) and (d) AND EQUITABLE DISTRIBUTION NOT APPLICABLE ISSUES RAISED IN DIVORCE COMPLAINT DATE OF FILING OF ANSWER AND/OR COUNTERCLAIM ISSUES RAISED IN COUNTERCLAIM DATE AND MANNER OF SERVICE OF 3301 (D) AFFIDAVIT BIFURCATION PREVIOUSLY RESOLVED ISSUES NOT APPLICABLE 4/23/97; PERSONAL DELIVERY NONE NONE DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (7171737.0100 1011I32112 Page 4 -~. II. MARITAL ASSETS AND DEBTS. ITBK DESCRIPTION or PROPBRTY NAMBS or ALL VALUE NO. OWNBRS 1. REAL ESTATE: Deborah Caruso 125,000.00 681 Deer Rd. Boiling John Caruso Springs, PA 17007 2.a MOTOR VEHICLE: Deborah Caruso None 1984 Renault (~iven away by husband in 199 ) 2.b MOTOR VEHICLE: John Caruso None 1989 Subaru (destroyed in 1996) 2.c, MOTOR VEHICLE: Deborah Caruso Unknown 1995 Toyota Corolla John Caruso 5.a CHECKING ACCOUNT: John Caruso 1,528.17 Husband's PNC checkinI account no, 50-8021-2 44 5.b CHECKING ACCOUNT: Deborah Caruso 178,12 Wife's PNC checkin~ account no. 51-404 -8265 6,a SAVINGS ACCOUNT: Deborah Caruso 348,55 Wife's PNC savin~s account no. 51-3 20-0687 18,a PENSION PLANS: Deborah Caruso 34,109.56 Wife's M&M Mars Retirement Plan 18, PENSION PLAN: John Caruso Unknown Husband's Union Pension Plan 19.a RETIREMENT PLAN: Deborah Caruso 44,753.49 Wife's Deferred Compensation Plan (401 K) 19,b RETIREMENT PLAN: John Caruso 12,805.06 Husband's Bricklayer's Annuity Fund 25. HOUSEHOLD GOODS: Deborah Caruso Unknown See attached listing. John Caruso 27, MORTGAGE: Deborah Caruso (45,000,00) PNC Home E~itb loan account and John Caruso no. 40 03 480 2278573 29, CREDIT CARD: Deborah Caruso (5,699,99) US Air Visa account no. 4356-0031-0564-2827 TOTALS 168,022.96 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (7171737.0100 10'" 32112 Page 5 III. NON-MARITAL ASSETS AND DEBTS NONE tl~~E3si8~ N/A OWNER NO. DESCRIPTION N/A N/A IV. PENSIONS The follqwing is a listing of the pensions/retirement plans of the partles: PARTY DESCRIPTION HUSBAND: Husband's union Pension Plan Husband's Bricklayer's Annuity Fund (401 K) WIFE: Wife's M&M Mars Retirement Plan (pension) Wife's M & M Mars Deferred Compensation Plan (401 K) V. INCOME and EXPENSES .The following is a listing of the income and expenses of the partles: PARTY HUSBAND DESCRIPTION NET MONTHLY INCOME MONTHLY EXPENSES AMOUNT $845.00 FROM SSD UNKNOWN WIFE NET MONTHLY INCOME MONTHLY EXPENSES $3,737,41 $4,925.34 DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (7171 737-0100 10 II 32112 Page 6 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (7171 737-0100 10 lit 32112 VI. COUNSEL FEES The followinq ia a listing of the counsel fees and expenses incurred by the parties: PARTY DESCRIPTION DATES HUSBAND COUNSEL FEES N/A COSTS N/A ANTICIPATED FEES N/A AND COSTS WIFE COUNSEL FEES N/A COSTS N/A ANTICIPATED FEES N/A AND COSTS AMOUNT N/A N/A N/A N/A N/A N/A VII. EXPERT WITNESSES The followinQ is a listing of the anticipated experts who will be called to test1fy in this case: NAME NONE KNOWN AT THIS TIME SUBJECT OF TESTIMONY UNKNOWN AT THIS TIME Additional experts who ma~ be called to testify are not known at this time. If such add1tional experts are retained, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant, VIII. OTHER WITNESSES The following is a listing of the anticipated witnesses other than experts who will be called to testify in this case: NAME Deborah S, Caruso SUBJECT OF TESTIMONY . History of the marriage and identification and valuation of marital assets and debts. Additional witnesses who may be called to testify are not known at this time, If such additional witnesses are identified, the Plaintiff reserves the right to call them as witnesses upon proper notification to the Defendant. Page 7 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE 17171737.0100 101/32112 IX. EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1. PLAINTIFF'S INCOME AND EXPENSE STATEMENT 2. PLAINTIFF'S PENSION DOCUMENTATION 3. PLAINTIFF'S DEFERRED COMPENSATION DOCUMENTATION 4. PLAINTIFF'S CHECKING ACCOUNT STATEMENT 5. PLAINTIFF'S SAVINGS ACCOUNT STATEMENT 6. DEFENDANT'S CHECKING ACCOUNT STATEMENT 7. STATEMENTS ON HOME EQUITY LOAN 8. STATEMENT ON VISA ACCOUNT If additional exhibits are identified, Plaintiff reserves the right to submit additional Exhibits upon proper notification to Defendant. Page 8 X. PROPOSED RESOLUTION A. nivnT"('!p-t The parties shall sign affidavits of consent and waiver of notice forms and a no-fault divorce decree under Section 3301 (c) shall be entered. B, Eql1itAhlf> nietrihl1tinn: The parties' marital assets and debts shall be distributed as follows: DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE 17171737,0100 101132112 ITEM NO. DBSCRIPTION OP PROPBRTY HUSBAND WIPB . 1. REAL ESTATE: 125,000,00 681 Deer Rd. Boiling Springs, PA 17007 2.a MOTOR VEHICLE: entire value 1984 Renault (aiven away by husban in 1996) 2.b MOTOR VEHICLE: entire value 1989 Subaru (destroyed in 1996) 2.c. MOTOR VEHICLE: entire value 1995 Toyota Corolla 5.a CHECKING ACCOUNT: 1,528.17 Husband's PNC checking account no. 50-8021- 2144 5.b CHECKING ACCOUNT: 178,12 Wife's PNC checking account no. 51-4046- 8265 6.a SAVINGS ACCOUNT: 348,55 Wife's PNC Savings account no, 51-3020- 0687 18.a PENSION PLAN: 34,109.56 Wife's M&M Mars Retirement Plan 18. PENSION PLAN: Husband's Union Pension Plan 19,a RETIREMENT PLAN: 44,753.49 Wife's Deferred Compensation Plan (401 K) Page 9 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (717)737.0100 10" 32112 ITBH NO. DESCRIPTION or PROPERTY HUSBAND WIrE 19.b RETIREMENT PLAN: 12,805.06 Husband's Bricklayer's Annuity Fund 25. HOUSEHOLD GOODS: keep items in keep items in See attached listing, possession possession 27, MORTGAGE: (45,000.00) PNC Home Equity loan account no. 40 03 048002278573 29. CREDIT CARD: (5,699.99) US Air Visa account no. 4356-0031-0564-2827 CASH PAYMENT FROM WIFE 24,924,76 (24,924.76) TO HUSBAND SUBTOTALS 84,011.48 84,011.48 CASH PAYMENT FROM (8,082,37) 8,082.37 HUSBAND TO WIFE FOR PFA DAMAGES TOTALS 159,940.59 176,105.33 The cash payments set forth above would be netted so that Wife's cash payment to Husband would be $16,842.39. Page 10 DIANE G. RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (7171737.0100 10'" 32112 CERTrprCATE OP BERVrCE AND NOW, this 2ND day of NOVEMBER, 1998, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within PLAINTIFF'S PRE-TRIAL STATEMENT, upon the attorney for the Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Gary L. KolleYL ESQUire 132 Walnut ~treet Harrisburg, PA 17101 I 34 e Road' C H~ t A 17011 P' 737-0100 Fax: 7 75-0695 Supreme CQurt IDi# ~2112 Attorney tor PIa nt~ff Page II EXHIB.I.'r.S. DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE (717) 737.0100 101/32112 Page 12 PNC18ANK SOlllhn'lural P.\ Statement :L8lo DEBROAH S CARUSO b8:L DEER RD BOILING SPRINGS PA :L7DD7-'b44 1.1111111I111.111111I1.1111.111.1111I1111.1111..1.11 smT END DATE EHeLDSURES PAGE o 1 STATEftEHT HUHIER 11__046-1261 01-26-" CHECKING DE.ROA" S CARUSO IIAn 04-26 0,-27 04-21 01-01 01-02 0S-05 OS-" 05-OS OS-O' 05-11 0S-12 OS-IS ACcOUNT HUnIER TAX 10 HUIlIIER LAST smT EHD DATE FOR CUSTOftER SERVICE tALL 1-717__32-"'4 DILLSIURG OFFICE il-4tO'l....Z.1i 131-50-1055 04-26-~5 ACCOUNT SUMMARV wm NEW BALANCE 1,0".17 PREVIOUS IALAHCE 171.12 IIIlIIHll 17 WITHDRAWALS/DEBITS 1,116,05 All!l!lIII 2.575.71 DEPOSITS/CREDITS 4,575.10 DAIL V ACTlVllY G . , . . . IALANCE . 171.12/ EXPLAHATION OF TRANSACTION YOUR PREVIOUS STATEllEHT BALANCE ACH CREDIT "04 111-50-1055 "IHlHARS lHeORPO PAYROLL Am WITHDRAWAL PHCIAHK PH0077 127 KI" ACRES DRIV "EtHAHICSIUR PA pas PURCHASE POS 107551 APLUS 14024 EX "ECHANICSIUR PA CHECK 2515 REFI 2707265' CHECK 2516 REFI 27072658 IRANCH DEPOSIT TEL 0400017710 0155 Am WITHDRAWAL PHClAHK PH0069 5 EAST FIRST ST lOlLING SPHG PA Am WITHDRAWAL PNCIANK PH0796 5211 SIMPSON FERRY "ECHAHICSIUR PA CHECK 2569 REFI 25191102 Am WITHDRAWAL PHCIAHK PH0077 127 KI" ACRES DRIV "ECHAHICSIUR PA CHECK 2579 REFI 25557050 CHECK 2511 REFI 25565712 CHECK 251' REFI 25157511 ACH CREDIT "04 155-50-1055 "I"I"ARS INCORPO PAYROLL pas PURCHASE pas 1159620001 GIAHT FOOD 112 CARLISLE PA CASHED CHECK 25'5 REFI 22510546 AT" WITHORAWAL PHCIANK PH0077 127 KI" ACRES DRIV "ECHAHICSIUR PA CHECK 25'0 REF I 251130'4 CIlECK 2591 REFt 251851'7 CHECK 2592 REF I 22510405 pas PURCIlASE pas 1159621001 GIAHT FOOD lIS "ECHAHICSIUR PA CHECK 25'4 REFI 25710116 CHECK 2317 REFI 25130660 ACH CREDIT "04 155-50-1055 "IN/NARS INCORPO PAYROLL ATH WITHDRAWAL PNCIANK PN006, 5 EAST FIRST ST lOlLING SPNG PA CHECK 25'5 REF I 25612615 ATN WIlItORAWAL PNCIANK PN0077 127 KI" ACRES DRIV "ECHANICSBUR PA ATN WITHDRAWAL PNCIANK PN006' 5 EAST FIRST ST BOILING SPNO PA CHECKS AHD OTHER DEIITS DEPOSITS AHD OTHER CREDITS 117,55 50.01 11.45 '...,22 50,00 101.01 104.22 1,900.00 30.1' 100.00 68.01 50.00 2,506.22 10.00 159.62 69,90 2,506.60 2,256.62 410,66 56.40 2.590.88 500.00 200.00 75.00 500.00 541.11 63,09 56,50 41.54 767.07 626.06 401.76 40.00 63.59 50,00 951. 25 881. 25 50.00 " PNClRANK SOIlIIIfI'I1I1.11 P,\ Statement loa:L DEBROAH S CARUSO b8lo DEER RD BOILING SPRINGS PA lo7007-9b44 STATEftENT NUMlER 11-4.46-1265 ~rc:;TK~JCONR-4D4rl26l PAGE ! SUMMARY OF CHECKS CHECK DATE tHECK DATE CHEtIC II!lIIIU 6IIll!IIII rA1Il IIllIlW AIImlIII rA1Il II!lIIIU 2177 51.64 1S-16 2saa 15'.62 .S-12 2594 2S69. 6S." .S-01 2589 69." 'S-OS 25'1 2S7'. 10." 'S-'2 2590 71." .S-II 2596 2S15. 11," .4-2S 2591 501." .S-OI 25'7 2S16 lO.... 14-2a 2592 541. a1 'S-OI 2S9S 2387 41.14 .S-09 2595 5..... IS-OI DATE AIIllIIIII rA1Il 56.sa .S-19 65.59 .S-11 125.95 'S-17 47,69 .S-19 165.12 .S-25 . GAP IN YllUll-CHECK~EIlUEllCE SAVINGS DEBORAH S CARUSO IlAll .4-26 '4-27 IS-.l 1S-14 15-11 15-11 15-17 15-18 15-22 15-24 ACCOUNT NuttiER TAX ID NUMlER LAST STHT END DATE ACCOUNT SUMMARY 51-3020-06&7 155-Sl-1055 04-26-95 fOR C:USTottER SERVICE CALL 1-717-761-0847 >. . > CAPITAL CITY ItALL OFFICE PREVIOUS IALANCE 14a,5I aEPaSITSICREDITS 1,25'.11 WITHDRAWALS/DEIITS 75S.S1 INTEREST PAID 1.41 NEW IALANCE a66 .46 DAILY ACTIVITY EKPLANATIDH OF TRANSACTION YOUR PREVIOUS STATE"ENT IALANCE ACH CREDIT "04 15S-51-11S5 "I"/KARS INCaRPa PAYROLL ATH WITHDRAWAL PNCIAHK PH17'6 5211 SIMPSON FERRY "ECHANICSIUR PA ACH CREDIT "14 155-51-1.5S "1"IKARS INcaRPa PAYROLL ATH WITHDRAWAL PNCIANK PHal55 141 CA/tPHILL SHapp CAMP HILL PA ACH CREDIT "04 155-51-11S5 "I"I"ARS INcaRPO PAYROLL AT" WITHDRAWAL PNCBANK PH116' 5 EAST FIRST ST BaILINa SPN; PA ATH WITHDRAWAL PHCBANK PNI177 127 KI" ACRES DRIV "ECHAHICSBUR PA ACH CREDIT "14 155-51-1ISS "I"'"ARS INcaRPa PAYROLL AT" WITHDRAWAL "AC TR4176 6521 CARLISLE PIKE "ECHAHICSBUR PA AT" WITHDRAWAL "AC TRSISI RT 11 I RT 114 HECHANICSBUR PA AT" WITHDRAWAL "AC TRSI5D RT 11 I RT 114 "ECHANICSBUR PA "At AT" INQUIRY FEE "AC AT" WITNoRAWAl FEE "AC AT" WITHDRAWAL FEE "AC AT" WITHDRAWAL FEE "AC AT" INQUIRY FEE WITHDRAWALS AND OTHER DEBITS Ci:riL 14a.55 DEPOSITS AND OTHER CREDITS 2SD.Da eo,D' 51a.55 761.55 66a.55 251.D' lO'.DD 25a.D' 5D.aD lIa.55 511.55 asa.55 5DD.ID 25D. .0 5D.Da 7'.DD lOD.DD .25 I.DD LID 1.DD .25 615.SD 615.15 >d PNCBANK SoulhcenlRl, PA Statement -'JS-~" 97?'~ - - L '1071 JOHN J CARUSO 108'10 DEER RD BOILING SPRINGS PA 'Io7DD7-~Io44 - 1",11111I111,"11",1,"11,1",11",1,,1,1.,1,,1011 TATI",NT HUKlIR I....ZI-Zl__ ITHT IHD DATI '1-11-" INCLDSUUS PAGI o 1 '4TEREST CHECKING OHM ., CAIIUSO 50-1121-21'1" 1I1-U-U" ._-11.... PRIORITY 50 PLUS fOR ~USTO"IR SERVltl CALL 1.....-157"ZZ.Z m ~11 ~11 ~ZZ ~Z_ ~ZI ~Z' \-Z9 HZ 5-0S 5-" 5-.7 rOI 5-11 rlS ACCOUNT """BElt TAX ID NUIIIIR LAST S,", IHD DATI ACCOUNT SUMMARY ~ ~ WITHDIAVALS'D!BIT5 5S7.0Z 1.IU.'0 "'W IALANe! 1_.'''.5' PlrVIDUs BALINC! 1.....17 DI!POSITS/CIII!DITS ZI.755.__ IIIlIlWl Z DAILY AC11VITV EXPLANATION OF TJANS1CTION YOUll PRIVlDIII STATlHINT IAI.AHtI ATH WITHDRAWAL PNCIANK PHO." 5 EAST FIRST ST IDILING SPNG PA ATH WITHDRAWAL PHCIANK PHOO" S EAST FIRST IT IDILtNG SPNO PA ATH WITHDRAWAL PNCIANK PHOO" I EAST FIRST IT lOlLING IPNO PA CHECK 1.Z RE,. ZI19111_ CHECK 12' RE,. Zl745057 ATH WITHDRAWAL PNCIANK PHO... I EAST FIRST ST lOlLING IPKG PA ATH WITHDRAWAL PNCIANK PHOO" I EAST FIRST ST IOILIHG SPHG PA ATH WITHDRAWAL PNCIANK PHOO" 5 EAST FIRST ST lOlLING SPNG PA ATH WITHDRAWAL HAC A121 255 S SPRING IT CARLISLE PA HAC ATH WITHDRAWAL FEE DEPOSIT REFI 2110211. AT~ WITHDRAWAL FNCIANK rHOO., 5 EAST FIRST ST IDILING SPNO PA ATH WITHDRAWAL PNCIANK PHOO" 5 EAST FIRST ST lOlLING SPHG PA ACH DEIIT 01'071100000 PRIORITY 50 PLUS HAY DIIEI ATH WITHDRAWAL HAC TR5._S 51_ RDllTZ 7Z WUT IWlAHANKIH Il.I ATH WITHDRAWAL HAC TR51_5 51. RDllTE 72 WIST IWlAHANKIH Il.I HAC ATH WITHDRAWAL FEE HAC ATH WITHDRAWAL FEZ ATH WITHDRAWAL HAt TR51.5 51. RDIITI 72 WEST IWlAHANKIN Il.I HAC ATN WITHDRAWAL FEE IRANCH WITHDRAWL TlL 0'00012'01 00.5 INTERIST PAYHINT tHECKS AHD OTHER DEI ITS DII'OSITI AHD DTMER CIEDITS BALANCE , ""1 17 Cl.52I.17~ 1."1.17 100.00 50.00 10.DO S7.01 '500.00 50. DO 50.00 1..31,15 '51.15' 111.11 701.15 150,00 400.00 1.00 500.15 ZI.nl.71 2!o,'5li.a, 100.no ZI.531." '00.00 4,00 10.00 25,55.... ".00 1.aD 1.00 50.00 ZI.45I..' 1.00 400.00 ZI.5I1,.' Z..'I1," 24."..59 14.75 000 38500002 Rev. 2114 . - -, NORTH A~ERICAN BENEFIl;:j CENTER (N.A.B.C) MARS ASSOCIATE BENEmS PROGRAM 100 INTERNATIONAL DR. MT. OLIVE. N,J. 07828.1808 (201) 881.3500 FAX (201)081'3518 25 August 1995 VIA FEDERAL EXPRESS Diane G. Radcliff, Attorney at Law 3448 Trindle Road Camp Hill, PA 17011 RE: Mars Retirement and Mars Deferred Compensation Plans Dear Ms. Radcliff: This letter is sent in response to your request for retirement benefit infonnation for our associate, Deborah S. Caruso. Retirement Infonnation: Deborah Caruso is a participant in the Mars Retirement Plan, a defined benefit plan. The estimated retirement benefit under the Mars Retirement Plan (on a 50% Joint Survivor annuity basis) if Ms. Caruso separated from the company on a vested basis would be $752.54 per month if the benefit began at the nonnal retirement age of65. This is based upon service and earnings from her date or hire, 20 October 1986, through the date of separation, 14 April 1995, and is the maximum benefit amount the plan can recognize at this time as a separated vested associate. This amount is subject to federal income tax and may be subject to state income tax. Deferred Infonnation: Ms. Caruso is also a participant in the Mars Deferred Compensation Plan (which is a defined contribution plan) since 20 October 1986. This plan distributes a semi-annual "Fund For the Future" statement of account balances every 30 June and 31 December. We are enclosing the most recent statement dated 30 June 1995 and the previous statement dated 12131/94. Copies of Summary Plan Descriptions and sample orders for both the Mars Retirement Plan and Mars Deferred Compensation Plan are enclosed, as well as a Qualified Domestic Relations Order Checklist for your use. ....~.H '~. ':L. .1\ . ~ PENSION APPRAISERS INC. ., ~ 'I' , ., ,'. .:J.: .'. r (" , , ., October 7, 1998 , /).; ,~r:l'. . .. "t\~.;" . '..'.' :,..:._......./ . .. .. . .~. ,...~. ...... ' . ,. ' .' 'j ~:"~1.;~. E-MAIL: prnopp@penslonnpprnlsel'll.c,o'm.";.', . WWW: hUP:~/\Vmv.pe~~~:.nnpprn'~~7~c~7~&' ,.. . . ;".;... ","1' !~ , : ~ .,' i4f.', '.f l . ,..'!:.~', .,,; . .J;,";.: . , P.O. Box 4396 · Allentown, PA 18105-4396 1-800-447.0084. Fox 610-770-9342 Diane G, Radcliff, Esq. 3448 Trlndle Road Camp Hili, Pennsylvania 17011 RE: Present Value of Deborah S. Caruso's Defined Pension 8eneflt File No. 10-05-98.033.25778 Dear Attorney Radcliff: We have determined the present value of Deborah S. Caruso's defined pension benefit by .. the PBGC Actuarial and Mortality TablE! Method as of October 7,1998 to be $34,109.56. ,."ls':L;" calculatiori'was derived from the following data: . . . ,. '.::. , . . , .... . . ~,'.. '.:; '.:... " . . i . . , . ,'; ::,_1,,' .... '1'" BIRTH DATE: August 17, 1954 SEX: Female ., ;.... MARRIAGE DATE: December 5,1981 VALUATION DATE: October 7, 1998 PENSION PLAN: Mars Retirement DATE EMPLOYMENT STARTED: October 20, 1986 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: April 14, 1995 (Assumed date pen~lon holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: Aprll14, 1995 ~~.' ,r:A~E~WI:lE~ BENEFITS COMMENCE:'65. Years ..- . ',' . I '. . :'" ..,. , " .'. ',' '",. ., . i '~... , . " ' I ! .Valuators of Defined Pension Benefits for Equitable Distribution" ./ I .~. ,. r (", '. ~.. . "j ":"".t .. PBGC Actuarial and Mortality Tables Method I October 7, 1998 Deborah S. Caruso Page 2 ';,'. ,#, . ,,','/. 1" - # 10.05.98.033.2577B (;~ '". Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Benefit Guaranty Corporation to determine the present value of annuities for single-employer plans. ~ ,: j~:r~~:",:\: I\\::;.t~~"r..': ",~,~l:.,...~! "';h~i: ...... MORTALITY TABLES AND INTEREST RATES: .;' INTEREST RATE ASSUMPTIONS: Table II - Annuity Rales Rates: 11 = 5.40 %, 12 = 5.25 % and 13 = 5.25 % ASSUMED MONTHLY BENEFIT: $752.54 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of April 14, 1995. REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000 Represents that portion of the value of the benefits attributable to the marriage, The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder participated In the benefits program. PRESENT VALUE BEFORE REDUCTIONS: Reduction for Non-vesting: Reduction for Marital Coverture: VALUATION FOR EQUITABLE DISTRIBUTION: ~ - - , Ii , ;;r - - Je~ 8888 iiH ! is ~ 0000 !is .. .. ~ ~~ i : ~il i Ih D- .. !!Iii e! = .. = u. Q) .l:. .. '" .g '0 C = U. '" = o > I... *~ ~,.. .. - :l ., o.c i~ ~~ -en en::> ~~ i! Q~ ii1 "I ~! ~.. j.! ! I S 1 ! ! ~ g ~~~~ ~~~~ .~,.. tit lilt... tilt "'li- iE-i -.. iiS i ~L =iii >- "'CD _ : -i ~ 1:~8i .:.:o~' .... "'~ ..wi .. ~.. .. .. .. Ii 88 g ciooci .. .. ~~Il c"'~ --~ I: B 1:~8~ .:.:o~' .... "'~ i~ 'i .. .. 8888 ciooo .. .. - U~F U~F ; ~aj 0 !aj 0 <co ~ 0 > > .. ~ i I I J :~, i ~~ ~~ s~ i~ .. J - .. .., ~: . .. .. .. ~~~ ~ ~..o ,; .... " "'~ to !f3 :, .. ... ig~ ." i-" .. -8g {!. . - c ~ ~t ,!!! ]I 8G~U8 ~ 2~!iOO ~. ci~~ ; .. 'lj~ !o'. lil .. ~ ~ f:i ~ t i '.. ~ ~ I" ~ .. ~ l .~ .. 'S ~ ... ..",0 .S ;: '0 e " Q. E i l ~,,~ ~ ~ ~ ~, Q , ~ ~ i I .. ~ 1 - II! _ _. 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Nbr. 151-36-9366 Deal" Member The following is a statement of the activity of your Annuity account with Bricklayers Masons and Plasters Annuity Fund. Total .---.... Annuity Fund End of Prior Year c::-.12,605~6~ Total Contributions 1/01/96 - 12/31/96 $1,106.25 $613.27 Interest Credit for the Past Year Service Charge for Last Year $130.00 $14,394.56 Total Annuity Fund as of 12/31/96 ----------- ----------- Please check this statement with your records and contact the Fund office if there are any differences in the contributions or distributian amounts on the statement. i ncel'e 1 y Board of Trustees B M & P Rnnuity Fund .., .--.--... ..~ ..,". ...-',""" .. .... .... ... ._ 1.."'_,. ...,...".-.,."........ . ".'111 ;hi,., ~, ".~I 'U. ...... ........- -..... -_.- - --1 i USAir! i_i VISA -------------Wl~ Slalemenl U? ; i 11 !. [r i I f i ....,01\'8.,... '" ;).-..."., .,':' "'J aOI '-)1' J:;..... :t ""~l '0;1' .,..' .......,..... :;H;;-:-oo'"""jj'7Q0\6;'-7~8'21 . ]~6' 0 1)681.0&111 ......... 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") B 1 .! ! ;"t,'f, )fl) 1 ""nif":f)') 1 f"J 0 0.'1 ,lit If 1 1 "j~q? ~ ,lit """J<t':.)H ,;., J't,! , "1 1")1' 'S?J II , I lH~HCI HAHGE5 YO R HI H I "UH PAYHEH I 15 por PA I D, tOHII""1 fO Nfl PUNI"UI't *A'I''''f!'tf f'j PlJr rill', I"IUH'H. A(Crlll[ UN '(~lJN AY~"AI;f 0.\11. '( B14LANCf i I I I I I I I i flU aeeCN'" 1f","'I. "J'600JI0~6"2821 &,,0\.1.., .\1......, ....,0". ..~ 1I\lI',,,,CIII ca.. ao. '11011 ~....' -." . CO C~OI" Oafl C" 'I 'a. II' .......... ,..",., OUt ~, " c... ..-'......'MO"'. liD III ~ ! ~ ~ ~ I ::l "J~6,O . E i ~ I ~ ~ J: i ~ ~ j; ~; r . It, ?,/j81C# DEBORAH S. CARUSO, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA v. NO. 95-3521 CIVIL TERM JOliN J. CARUSO, Defendant CIVIL ACTION - DIVORCE PRETRIAL STATEMENT PER Pa.R.C.P. 1920.33(b) I. A list of assets specifyina: (I) the marital assets, their value, the date of the valuation, whether any portion of the value Is non-marital, and any liens or encumbrances thereon; and (Ii) the non-marital assets, their value, the date of valuation, and any liens or encumbrances thereon. ANSWER: Please see Defendant's list of assets, Defendant has been unable to ascertain with certainty the value of the parties' assets as Plaintiff has refused to provide documentation of said assets. 2. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be attached to the Pretrial Statement. The report shall describe the witness' qualilicatlons and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the arounds for each opinion. ANSWER: Presently, Defendant does not plan to call an expert. However he does expect to produce hospital records indicating the nature and extent of his present physical condition. In the event that Plaintiff objects to the entry of these records, Defendant reserves the right to call appropriate medical experts to document his condition. 3. The name and address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness. ANSWER: Defendant does not anticipate calling other fact witnesses. Defendant reserves the right to amend this section and list fact witness 4. A list of all of the exhibits which the party ellpects to offer in evidence, each containina an identifyina mark. Any ellhibits that do not exceed three paaes shall be attached to the Pretrial Statement, and any exhibits which exceed three pages shall be described. ANSWER: Defendant has been unable to identify all marital assets. Hence, he is unable to completely answer this question. Defendant at a minimum will be providing copies of account statements, pension information, and tax returns for the past five 95) years. Defendant reserves the right to add additional exhibits. 5. The party's gross income from all sources, each payroll deduction and the party's net income, including the party's most recent state and federal income tall returns and paystubs. ANSWER: See Defendant's Income and Expense Statement. 6. If the party intends to offer any testimony as to his or her expenses, a current expense statement in the form required by the practice and procedure governing an action in support. ANSWER: See Defendant's Income and Expense Statement 7. The value of a pension or retirement benefits, the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation. ANSWER: Plaintiff possesses all information regarding this subject matter and has refused to provide this information to Defendant. 8. If there is a claim for counsel fees, the amount or fees to be charged, the basis for the charge, and a detailed itemization of the services rendered. ANSWER: Defendant reserves the right to supplement this section. 9. Where there is a dispute, the description and value of any Items of tangible personal property, the method of evaluating each Item, and the evidence, Including documentation, to be offered in support of the valuation. ANSWER: Defendant is unable to respond to this question as Plaintiff has all information in her possession and control. 10. A list of marital debts, including the amount of each debt as of the date of the separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation, and the evidence that will be offered in support of the claim. ANSWER: Defendant is unable to respond to this question as Plaintiff has all information in her possession and control. 11. A proposed resolution of the economic issues. ANSWER: In light of his complete inability to work because of a disability which renders him unable to work, Defendant respectfully submits that the marital assets be divided 60 percent I 40 percent, with Defendant receiving 60 percent of the assets. Defendant further respectfully requests that he be awarded alimony for life and reasonable counsel fees for this action. Respectfully submitted, DEBORAH S. CARUSO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 95-3521 CIVIL TERM JOHN J. CARUSO, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, March 16, 1999 Present for the plaintiff, Deborah S, Caruso is attorney Diane G. Ra.',cliff, and present for the Defendant, John J. Caruso is attorney Gary L. Kelley. A divorce complaint was filed on June 30, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. An affidavit under Section 3301(d) was filed on April 16, 1997, averring the parties had been separated for a period in excess of two years, since April 14, 1995. However, counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so a divorce can be concluded under Section 3301(c) of the Domestic Relations Code, The complaint also raised the economic claim of equitable distribution; on October 20, 1998, the defendant filed a counterclaim raising the economic issues of alimony, alimony pendente lite, and counsel fees and expenses, With respect to the alimony claim raised by husband, both counsel have indicated that they intend to offer testimony regarding marital misconduct as that factor may affect husband's claim. Wife's allegations involve physical abuse; husband's allegations involve alleged relationships of wife with other men. The parties were married on December 5, 1981, and separated April 14, 1995. They are the natural parents of three children. Two of the children are minors, and the other child is emancipated; however, all three children live with the mother. Wife is 44 years of age and resides at 681 Deer Run, Boiling Springs, Pennsylvania, 17007, where, as noted, she lives with the three children. She has a Bachelor's Degree in chemistry and works as a research scientist for M&M Mars. The parties recently went through an APL conference, and her monthly net income was determined to be $4,579.00. Currently she is paying husband alimony pendente lite pursuant to that conference order in the amount of $1,105.00 per month, Wife does receive SSD payments for the two minor children who are with her in the amount of $448.00 per month. Wife has not raised any health issues. Husband is 51 years of age and resides in Martinsburg, West Virginia. His address is P.O. Box 5042 Martinsburg, West Virginia, 25402. Husband is residing in a VA center during the week and shares an apartment on the weekend with friends. Husband is a high school graduate and is currently unemployed having been determined to be totally disabled and is receiving sse in the amount of $895.00 per month. Husband is a Vietnam veteran and has be~n diagnosed with posttraumatic stress syndrome and other mental disorders affecting his ability to function and work on a regular basis. He, therefore, has been determined to be totally disabled. This disability is a mental disability, not a physical disability, Wife has medical insurance coverage through her employment, and it is expected that husband will be able to obtain medical insurance coverage through social security. We had a discussion as to how alimony pendente lite payments may affect the social security disability payments which husband is receiving and how subsequent alimony payments may affect his right to receive sse, Counsel are going to make appropriate inquiries to determine if there is any effect on husband's entitlement based on his receiving alimony pendente lite, alimony or also a settlement in the equitable distribution claim. The parties own real estate at 681 Deer Road, Boiling Springs, Pennsylvania, which has recently been listed for sale, Counsel have indicated that the house has been listed for around $152,000.00; the house is subject to a home equity mortgage in favor of PNC Bank in the amount of around $45,000.00, Husband claims that wife may have used some of the monies that are now owed on the home equity loan for non-marital purposes, and counsel are going to attempt to determine what, if any, liability wife owes individually for the amount due to PNC. There is also a claim that wife has against husband for damages to the property in the amount of $8,082.37. This damage apparently occurred during a period of time that husband was in the premises, and wife claims that she should be entitled to reimbursement for items which she had to replace that were damaged by husband. Attached to wife's inventory is a list of damaged items and a value placed on the replacement of those items. Three vehicles were listed in the pretrial statements, a 1984 Renault, a 1989 Subaru, and a 1995 Toyota. Counsel are not going to use any values for the Renault or Subaru in the equitable distribution computation; however, counsel are going to attempt to arrive at a value for the 1995 Toyota which is not subject to any liens and which is in wife's possession. There are some PNC checking accounts and savings accounts, and counsel are going to provide date of separation amounts that were in those accounts and indicate who may have received the funds in those accounts. Hopefully counsel will be able to provide a written stipulation as to these accounts for the hearing. Wife had her M&M Mars pension valued, and the marital portion as of October 7, 1998, shows a value of $34,109.56. Wife's 401K plan through her employment as of the date of separation had a value of $44,753.49. Husband was involved with a pension with his union when he was employed, but counsel have indicated that because of his premature medical leave and perhaps ultimate termination he does not currently qualify for any benefits. Husband's brick layer's annuity fund as of December 31, 1995, which is a 401K plan, had a value of $12,805,00, The household tangible personal property is not going to be valued for purposes of the equitable distribution computation, and presumably each party will receive or retain what is currently in his or her possession. If either party wants property in the possession of the other party, they should provide a list to the other party and indicate what property they would like to have returned. The only marital debt in this case is a card which had charges as of separation of $5,699,99. Kelley has asked that there be a review of the account determine if any of those charges were made for wife's business purposes for which she would have later been reimbursed. Visa Mr, to A hearing is scheduled for Tuesday, November 16, 1999, at 9:00 a.m. Notices will be sent to counsel and the parties. cc: Diane G. Radcliff Attorney for Plaintiff Gary L. Kelley Attorney for Defendant E. Robert Elicker, II Divorce Master DEBORAH S, CARUSO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 3521 vs. CIVIL ACTION - LAW JOHN J. CARUSO, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Deborah S. Caruso Plaintiff , Diane G. Radcliff Counsel for Plaintiff , John J. Caruso Defendant , Gary L. Kelley Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues i.n the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle. Pennsylvania on the 16th day of November ,1999, at 9:00 a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. ,~rt, . rgo ,.t~t, President Judge Date of Order and Notice: 4/16/99 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMIlERI.AND COUNTY ll^,l ASSOCIATION 2 LIIlERTY AVENUE CAIILI51.E. PA \7013 'I'EI.EPIIONE (71'1) ~4 9 ,11(,(, ~ . , DEBORAH S. CARUSO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. JOHN J. CARUSO, Defendant DATE: 10/2/98 /1-/ lotH NO. 95 - 3521 CIVIL : IN DIVORCE STATUS SHEET ACTIVITIES: Pretrial statements due 10/30/98. ~ 19 -"'- ~ . )0 L( . rl1 . . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tracl .10 Colyer Office Manager/Reporter We.t Shore 697.0371 Exl. 6535 October 2, 1998 Diane G. Radcliff Attorney at Law 3448 Trindle Road camp Hill, PA 17011 RE: Deborah S. Caruso vs. John J. Caruso No. 95 - 3521 civil In Divorce Gary L. Kelley, Esquire 132-134 Walnut street Harrisburg, PA 17101 Dear Ms, Radcliff and Mr. Kelley: By order of Court of President Judge George E. Hoffer dated September 24, 1998, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on June 30, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On April 16, 1997, the Plaintiff filed an affidavit under Section 3301(d) of the Domestic Relations Code averring that the parties separated on April 14, 1995, a period in excess of two years. In response to the affidavit under section 3301(d), the Defendant filed a counter-affidavit stating that he did not oppose the entry of a divorce decree but that he wished to claim economic relief. No economic claims have been raised by the Defendant; the only economic claim before the Master is equitable distribution which has been raised by the Plaintiff. I am going to proceed on the basis that grounds for divorce are not an 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, October 30, 1998. Upon receipt of the pre-trial statements, I will immediately schedule a Ms. Radcliff and Mr. Kelley, Attorneys at Law 2 October 1998 Paae 2 pre-hearinq conference with counsel to discuss the issues and, if necessary, schedule a hearinq. 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. JOHN J. CARUSO, Defendant IN DIVORCE DEBORAH S. CARUSO, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 - 3521 CIVIL NOTICE OF PRE-HEARING CONFERENCE TO: Diane G. Radcliff , Counsel for Plaintiff Gary L. Kelley , Counsel for Defendant A pre-hearinq conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 22nd day of February, 1999, 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 hearinq. Very truly yours, Date of Notice: 11/6/98 E. Robert Elicker, II Divorce Master \ \ VS. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 - 3521 CIVIL IN DIVORCE DEBORAH S. CARUSO, Plaintiff JOHN J. CARUSO, Defendant RESCHEDULED PRE-HEARING CONFERENCE TO: Diane G. Radcliff , Counsel for Plaintiff Gary L. Kelley , 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 16th day of April, 1999, 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: 2/15/99 E. Robert Elicker, II Divorce Master .\~ ",' J';: :,,; ,e'7'E~I:Jj:. ':'F=';"{f:"; " 1~~;;T:tl=El..i;;I'; . ~';:t:..C:.~ :....""" ,.. rll:;..):'': DePARTMeNT OF VmRANS AFFAIRS Mldlcal Clntar Mlnlnsburg WII 2S'01 , In Aeply ~.,., To: 'January 23, 99B: TO WHOM IT Re: ,CARUSO. Mr. Caruso i treating for disorder. H co' flashbacks, d social iSOlafon, psycl:101oS':l.ca d:. peopll!l behJ.n hi suspicious tlbe I believe he 's employmem: . , , , :inct~r ,I , ~~vr.:--1,,; ~ JAMES H. HIL~. M2 Staff Psychi~ri -year-old Vietnam veteran whOm I have been ast two months for postt~aumatic stress inues ~o have intrusive a:~ptoms of nightmares, trusive thoughts. He also contJ.nues to have chronic depression. a~d anger. He experiences ress in crowded a~eas. He csnnot tolerate He is toe prone to ange~. too dysphorJ.c and aJ.nfully employed. tally and permanently disabled for competitive . , 'n I I Fifty yedrs of carin8 I I Vet.tuns Heallhcale System 19.6.1996 ;.:.;., Law Offices 01 Gary L. Kelley 132-134 Walnut Street Harrisburg, Pennsylvania 17101 (717) 238-1484 Fax (717) 238.1761 October 30, 1998 E. Robert Elicker, II, Esq, Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Caruso v. Caruso Dear Mr, Elicker: Please find enclosed Defendant's Pretrial Statement, List of Assets, and Income and Expense Statement in the above mailer. Please be advised that Defendant has raised additional claims for alimony and alimony pendente lite. Thank you for your attention to this mailer. Please call me if you have any questions. Very truly yours, cc: 10hn 1. Caruso Diane G. Radcliff, Esq. ~f2. . (LJ.~~y/ Garyoelley U DIANE G. RADCLIFF 3448 Trimlle Road Camp Hill. Pennsylvania 17011 "" ... Telephone (717) 737.0100 VoieeMail (717) 558-5518 Fax (717) 975-0697 January 20. 1999 Cumberland County Divorce Master 9 North Hanover Street Carlisle. PA 17013 ATTENTION: TRACY Re: Caruso v, Caruso No. 95-3521 Dear Tracy: As per the telephone conversation you had with my secretary on the above date. I am requesting that the Pre-Hearing Conference in the above case be rescheduled due to a conflict in my schedule. I have a Protection from Abuse hearing on the same day at 9:00 a.m. in Dauphin County before Judge Turgeon and unfortunately cannot be rescheduled. By copy of this letter I am notifying Gary L, Kelly, Esquire. counsel for Mr. Caruso, Thank you. Very truly yours. ~~.~ DIANE G. RADCLIFF, ESQUIR~n. - DGR/cea cc: Gary L. Kelly, Esquire Deborah Caruso N~~~ iD~ ~&1Mj ~ji ~~ r::) DIANE G. RADCLIFF 3448 Trindle Road Camp Hill, Pennsylvania 17011 Telephone (717) 737-0100 Voice Mail (717) 558-5518 Fax (717) 975-0697 December 8, 1999 E, Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: CARUSO Dear Bob: As you know the parties have reached an agreement resolving the economic issues in this case, I am therefore enclosing with this letter a two copies of the parties' December 8, 1999 Marriage Settlement Agreement. Please see that you proceed with the revocation of your appointment in this case so that the divorce can be finalized. Thank you for your attention in this matter. Very truly yours, DGR/dr Enclosure: 2 copies of the marital agreement ( cc: DIANE G, RAL CLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717)737.0100 DEBORAH S. CARUSO Plaintiff v. JOHN J. CARUSO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95-3521 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATION OF SOCIAL SECURITY NUMBERS In accordance with the Rules of Civil Procedure, I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, hereby certify that the social security numbers of the parties are as follows: 1. Plaintiff: 135-50-1033 2. Defendant: 151-36-9366 Respectf , Road , P A 17011 ourt ID II 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff () ~~. t,D \.i..' ~ I C") ,-.,) .::J r , , ~TJ1' nlr: ::1 , _c (, ,. r:::",-',' >;" :5: fi ~ "";1 ~p :-j i;S i ) i~ ') -Ill .-, -I ..... ~...) =< N .. Ul LIEN SATISFACTION Name: ~ Social Security Number: 135-50-1033 Judgment Lien Satisfied as of: Au~ust 31, 2001 Amount Paid: $.Case Closed Signed: ~/J; 111. 111;'( (Lien Coordinator) Pacses# ~ No.~ DR# 28436 IU -19.01 (Date) (") I::) Ci >,; ." 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