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HomeMy WebLinkAbout95-04776 i:J~} ''/'Y~9 . ...~~ l~i ( ~ k I J I ., I i 1 I .j ! ! r- r- :t- j , I V) e;- "., . .. ...fI' . .:.:. .:+:. .:.:. .:.:. .:+:. ..~.:. .:.~. .:c. -:<<.. .:c. .=-.- .:~. .:<<. .:.:. .:+:. -:.:. .:.:. .:.:. .:<<.~.:.::...~.. ':.:'::-:':', ':+:'. .:.> .:+:. .:~. ':c- .:+> "';4 . . I ~... ___..._,______ ._______._.,___ ~...._, . ~I ~ 0'( .. ~ ~! IN THE COURT OF COMMON PLEAS : ~l ~ * OF CUMBERLAND COUNTY * * * ~ '.' Ii. " ~ ~ ~ ~ ii! :;- ~ :;- '.~:. .:..:. ~ ~~ STATE OF , ._' , .... .# " "" .':.I'","r PENNA. ~ ~I ',' * ~ '.' MICHAEL K. MELHORN, * N ().....~.~.-::~??6 ............. 19 ~ Plaintiff ~, \' el....H1:-i * MICHELE T. MELHORN, ~ '.' Defendant ~ ',' " ~ '.' ~ DECREE IN DIVORCE AND NOW, . ,$tfOtt.I!Ot"c.r.. ,2.~,..." 19 ?,~.," it is ordered and decreed that.,.".." !".~C;I;I~~~.~.., .~~~"P~~.,....,...,..."", plaintiff, and.,.,....,.,....,., ,fHCRF;LI'=.~, .~":.LijQRtf.",........."." defendant, are divorced from the bonds of matrimony, * ~, ','I ~ .. ~ ~ * ,;, :, ~ '.' ," ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; NONE * ~ '.' ) The. .M~~~.i,~c;Je. .Set t l.el1)~~~. .~<]?=,~.~l1)~n.t. .~~t,e.~. S!'l'p'~~I)I~.~X: . !i.., .~ 'il?6.,. ,~!3, ,filen . ~ in. this. a.ct i?n.,. isincoI~l?orat,,:d. ~~~ . !l?~ . ~~.r.,,!e~. .h.,:~~.b~ .1?Y. .~~~e.r.ence. I ~ ny The .VJ~I-- U. AlIe.l: ~ L.' t' '.M~ ~ ." J. t'",..,rlCY~ ~1. /;.; n~. ~7 ;J V' V' / f-),,-r- ;/ 7< t./, ('/IA I'- ...-s??t!' 7/)' "'1 ' '? f'rnthunot:u)' ~ .~..~.~..*.~..~.~.~.~..~.~..~.*.~..*~~.~~..~~~. ~ ~ ~ ',' ,', ~ ,', ~ ~ ',' ~ ',' w .,., ~ ',' ~ ., .. ~ i, ~ '.' ~ .,., ~ ',' ;~ ~ ~ i~ ~~ I; r:' /~ IPl ) : :~ I,', ~~ j~ ~ ~ ~ ~ ~ ~ '. . . . " vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4776 CIVIL TERM MICHAEL K, MELHORN, Plaintiff MICHELE T, MELHORN, Defendant IN DIVORCE PRABCIPB TO THE PROTHONOTARY: Please file of record in the above-captioned proceeding the parties' Marriage Settlement Agreement dated September 6, 1996, an original, executed copy of which is attached hereto, Dated: 9/20/96 Mi~~~~ FARRELL & SMALL 201/203 South Railroad Street P. 0, Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 Atty, I,D, No. 19212 Attorney for Plaintiff '" . ' " , . , : . MARRIAGB SBTTLBMBHT AGRBBMBHT 'IBIS AGREBMBHT made this 6, ty day of S(,.,(t"",I" III , 1996, , by and between MICHBLE 'I. MELHORN ("WIFE") of 710 Lisburn Road, Camp Hill, Pennsylvania 17011 and MICII:I'BL K. MELHORN ("HUSBAND") of 10 Drexel Place, New Cumberland, Pennsylvania 17070. K I 'I N B SSE 'I H : , DIANE C, RADCLIFF ATrORNEY,AT.LAW ....1 TRISDLt ROAD CAMP IIILL. fA 17011 KBEREAS, the parties hereto are HUSBAND and WIFE, having been married on April 17, 1991 in Kuwaii Island, Hawaii. There were no children born of this marriage. KBEREAS, 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 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 and 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. DIANE C. RADCLIFF ATTORNEY.AT.LAW 'UI TRINDL[ ROAD CAMP IIILI.. PA 17011 ,. , . : . ", HOW, ~BERErORE, 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. IHCORPORA~IOH or 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 HO~ A BAR TO DIVORCE PROCEEDIHGS. 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. The parties acknowledge that their marriage is irretrievably broken and that they intend to secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in HUSBAND Cumberland County divorce action docketed to number 95-4776 Civil Term, on September 6, 1995, Upon the execution of this Agreement the parties shall execute and file all documents, including , . " . , , " Affidavits of Consent and Waiver Forms necessary to finalize the divorce. 3. EPPECT OP DIVORCE DECREE. The parties agree that 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. 4. AGREEMENT TO BE IHCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NOH-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. DIANE G. RADCLIFF ATTORNEY.AT.LAW lUll TRtNDLt ROAD CAMP IIILL. PA 11011 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. 8. ADVICB or COUNSBL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for WIFE, and MICHAEL H. SHALL, ESQUIRE, for HUSBAND. 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 and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. FINANCIAL DISCLOSURE. The parties confirm that each has'relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agrp.ement. 10. DISCLOSURE AND WAIVE OF PROCEDURAL RIGHTS. DIANE C, RADCLIFF ATIORNEY.AT.LAW 5...8 TRINDLE ROAD CAMP lULL. PA nDIl 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 ". " , DIANE C, RADCLIFF ATTORNEY.AT.LAW ....1. TRISOLE ROAD CAMP HILL. PA UOIl 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 obU,gations might be difference 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. 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. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have 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. d. 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, child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. .. HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, house-hold equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND: and HUSBAND agrees that all of the 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 whateve~ claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. AFTER-ACOUIRED PROPERTY. DIANE C. RADCLIFF ATTORN EY.AT-LAW U48 TRINDLE ROAD CAMP lULL, P.\. 17011 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 May 14, 1993, 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. 13. PORECLOSBD ASSBTS. The parties acknowledge and agree that their previously joi~tly owned 1992 Oldsmobile 98 Automobile and their previously jointly owned marital residence situate at 25 Gary Player Drive, Etters, Pennsylvania have been either repossessed and/or foreclosed upon and therefore are not available for or subject to distribution between the parties. As a result thereof the parties make no provisions for said assets pertaining thereto in this Agreement. 14. WAIVER OF INTEREST IN REAL ESTATE. DIANE C, RADCLIFF ATIORNEY.AT.LAW I J... TRINDLl ROAD CAMP IIILL. PA 17011 HUSBAND is the fifty (50%> percent owner of two parcels of real estate known and numbered as 638 Edison Street, York, Pennsylvania and 734 Edison Street, York, Pennsylvania. With respect to said parcels of real estate the parties agree that WIFE hereby waives, releases and renounces whatever right, title and interest therein that she may have by virtue of the parties' marriage or otherwise and hereafter HUSBAND'S interest in and to said parcels of real estate shall be his sole and separate property free and clear of claims of WIFE. HUSBAND agrees that he shall be solely responsible for any liability and cost pertaining to said parcels of real estate and shall indemnify, protect and save WIFE harmless therefrom. DIANE G. RADCLIFF ATTORNEY.AT.LAW S4-ta TRINDl.E ROAD CAMI' lULL. PA 17011 " '. , . 15. BACH PARTY RETAIHS OKH PEHSIOH 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, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. As clarification for the foregoing it is acknowledged and agreed that HUSBAND shall receive as his sole and separate property his interest in his employment 401K Plan and Pension and Profit Sharing Plan and that WIFE shall receive as her sole and separate property her interest in her employment 401K Plan. 16. DIVISION OF BARK 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, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND DIANE C. RADCLIFF ATTORNEY-AT-LAW SUlI TRINDLt ROAD CAMP lUll. 'A nOli '. " , agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon wha~ever. right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 17. MOHETARY PAYMENTS. On or before September 15, 1996, HUSBAND shall pay WIFE the sum of money equal to the amount that would have been due her had her Support Order in the amount of $765.00 per month entered in the office of Domestic Relations for York County, Pennsylvania and docketed to No. 1306 SA 1993, DRO '52,843, continued through and including the month of February, 1997, Said payments should therefore be the amount of arrearages existing on said Support Order as of the date of termination thereof pursuant to the terms of this Agreement plus an amount calculated at $765.00 per month for the period from the date of said termination through and including the month of February, 1997. 18. WAIVER OF IHHERITANCE. 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. 19. ,BAHKRUPTCY. The parties hereby agree that the provisions of this Agrl;lement 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 to 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. 20. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in DIANE C, RADCLIFF , ATTORNEY.AT.LAW JoHl TRINOLl: ROAD CAMP IIILL. PA 17011 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 failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. DIANE C. RADCLIFF ATIORNEY.AT.LAW I-U8 TJUNDL[ ROAD CAMP HILL. PA 11011 '. . , . .. . '. . . 21. FIHAL EOUITABLE DISTRIBUTIOH OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the aforementioned action in divorce, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. NAIVER OF ALIMOHY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. MAIHTENANCE 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 and costs. WIFE shall take immediate steps to see that the Spousal Support Order in the amount of $765.00 per month entered in the office of the Domestic Relations of York County, Pennsylvania and docketed to No. 1306 SA 1993, DRO '52,843, shall be terminated effective September 1, 1996. If any payments are received by WIFE under said Support Order after September 1, 1996 they shall be taken into account in arriving at the sum due WIFE pursuant to the terms of Paragraph 17 herein. 23. 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 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. 24. 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 any from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or DIANE C, RADCLIFF ATTORNEY.AT.LAW 'f41 TRINDLE ROAD CAMP lULL. 'A nOli liabilities of such other or by way 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; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under '. , '. the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or 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 rasult of the marital relation or otherwise, except, any 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 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. 25. WAIVER OR MODIFICATION TO BE IN WRITIHG. 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. 26. MUTUAL COOPERATION. DIANE G, RADCLIFF ATTORNEY.AT-LAW sua TRISDLl ROA.D CAMP lULL. PA 17011 Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and lANE G, RADCLIFF ATfORNEY.AT.LAW "<411 TRISDL[ ROAD CAMP IIIlL. PA 17011 " , .' " 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 27. AGREEMENT BIHDIHG 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. 28. 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. 29. 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 as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 30. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict DIANE G, RADCLIFF ATTORNEY-AT-LAW .~a TRINnLt ROAn CAMP lULL. PA nOli " , ., " 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. 31. 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), an any additional rights and remedies that may ., ' .' " hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the award of interest on any unpaid installment; (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel fees and costs. (8) the attachment of the breaching party's wages. DIANE C, RADCLIFF ATIORNEY.AT.LAW sua TRINOLE ROAD i CA)fP IIILL. PA 17011 (d) Any other remedies provided for in law or in equity. '. . ,. " COMMONWEALTH OF PENNSYLVANIA SS, COUNTY OF CUMBERLAND On this the.Jld day of ~, 1996, before me the undersigned officer, personally appeared, MICHELE T. MELHORN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ._~ :.,. "i COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbra J. Wright, Notary Public Camp HIli Bora, CumberlBnd County My Commission Expire. Jan. 16. 1999 Memb8t, Pernsytvaria I\sSOtiaIiOf1 01 NolaI188 SS. . . COUNTY OF LEBANON On this the 6th day of September I 1996, before me the undersigned officer, personally appeared, MICHAEL K. MELHORN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~"I (j" () !\N\}(\.) (~ hr<<\r, ,,^ ') NOTARY PUBLIC ..... ".\':.:.:.... ,,4" ,., :.1\1.' .~'(~\~....~u., . . .. ~ . , .; I, " - .. NOTArJAL SEAL JOYCE AllH GElll.l.\N. Na::ry Public P:lrnyra ecru, Lcbano~ CGt~ly, PA I.!y CGmmllllan Explros Uarch 10, 1m DIANE G, RADCLIFF ATIORNEY.AT.LAW sus TRISDLE ROAD CAMP IIILL. I"A nOli . . p ,. , '- , ' ( ",I' "~'- . .r '";...,~... _;,) . ""',,, >- tn s: ',. g~; N ... (~~ , t 'oj:::; C:;");: - .' . .- .::::'j @! <;:. of:" -' C'o.J \"'" c.:;l' 0- of::':";; :-~ tJ.' '-i:'D t'. tI; ;.: ~ boo .." :<'.: 0 ,.' CI', U .' ~.~ (') f' '" i- .~ U.1C:~ (,'; '- ': - . , [t - j () , i' ,.,-, C ("J ; ll;-' fr c .l l..: ;, I.; l!. . , () "', U , ' IF YOU DO NOT FILE A CLAIM FOR ALIMJNY, DIVISION OF PROPBRTY, LAWYBR'S FBES OR EXPBNSBS BEFORE A DIVORCE IS GRANTED, YOU MAY LOSB THB RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB THB OFFICE SBT FORTH BELOW TO FIND OUT WHERB YOU CAN GBT LBGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBBRLAND COUNTY COURTHOUSE ONB COURTHOUSB SQUARE CARLISLB, PA 17013-3387 Telephone: (717) 240-6200 "}ft::!.~~/ FARRELL & SMALL 201/203 South Railroad Street p, O. Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 1,0.#19212 Attorney for plaintiff ,. , " Defendant may have the right to request that the Court require the parties to participate in counseling, 8. Plaintiff requests the Court to enter a decree of divorce, WHEREFORB, Plaintiff requests the Court to enter a decree of divorce, ~VI-~ Michael H, S~ll, Esquire FARRELL & SMALL 201/203 South Railroad Street p, O. Box 113 Palmyra, PA 17078-0113 Telephone: (717) 838-1385 I.D,#19212 Attorney for Plaintiff Dated: Sefr~ u...bt.JI ~ , 199..s- , . , ' " VBRIPICATIOH I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C,S. Section 4904, relating to unsworn falsification to authorities, ~ t,fr1JIA- chael K, Melhorn Dated: September 6, 1995 The hearing 1s ~~ected to take one (1) ~HVK~ (days). Additional infor=ation. if any. relevant to the motion: Atto~~~~ cd1~~~ e11. ~~~ F.squue ORDER APPOIYTI~G ~~TER AND llOW .. l ,19 'Ie , ,': /....;', I~'>""";-- ,-' L I( /, ......-.-.., Esquire. 1a appointed Ulter with respect 'Fci'the folloving cla1l:ls: /1.(;' (t" ,{ L ._ I " I~ THE COURT 011 COMMON PLEAS OF CtlMIlElU.AND COUNTY, PENNSnVANIA MICHI\EI. K, MEUIORN. Plaintiff VII. NO. 95-4776 Civil Term MICHF:LF. T. MF:LIIORN, ~O. 19 Oefenc'lllnt ~OTION FOR APPOI~nmtT OF ~STER (Plaintiff) ~, tollowing claima: MICHI\F:L K. MEUIORN a master with reepect to the (X) D:l.vorce ( ) An nullllen t (X) Alimony (X) Alimony Pendente moves the court to appoint ( X ) ( ) ( X ) ( X ) Distribution of Property Support Counsal Fees Costs and Expenses Lite and in lupport at the motion Itates: (1) Diacovery 1s complate as to the claims(s) for which the appointment at a maeter 1s requested. hnr (2) The defendant (has) 6bH<-> appeared in the action (personally) (by ~ attorney, Dinne G. Radcliff ,Esquire), (3) The Itaturo~ ~~ound(s) for divorce ~~ (are) Stx:tlon 330t(c) 11m/or Section 330Hd) (4) Delet~ the inapp11cabla paragraph(s): (UXXthX~~lCOOClOOmllllll,,", (b) AD agreement has been reached with respect to the tollowing claims: None (c) The action is contested with respect :0 the following claims: 1111 r:1n 100 an Ret forth abovp. (5) The action ~~ (does not involve) comple~ issuas of law or tact, (6) (7) Nonn Date: 5/0/96 '~-..",'/\: .. , B/'i:,~j(~ . I . t :J I,'. ..t . i ~. 11 :iJ I J ,. C'J (...: HI , <.1 , t::: ,.. '-- C c? ,r\ l , .' ,: L- c.~ . .. 1 V") .. , , ' " MICHAEL K. MELHORN, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4776 Civil MICHELE T. MELHORN, Defendant IN DIVORCE AND NOW, ORDER OF COURT this /6 tf-I , day of(~7'4(J "' , 1996, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 6, 1996, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Fc[~j?, PL-- Harold E. sheBfy, P.J. co: Michael H. Small Attorney for Plaintiff Diane G. Radcliff Attorney for Defendant _ C+'" f?>>4:1..~ 9/"/ qh, ..,!, :t'. S!::/ I" " -. ...... I r.:~.) ~t: ;.'c':l-,~ ' J1:,~1:!Ji.; "0" :,.,,' -"1 . ;.. ,I _wi _ 1...:,:, :~.:.. RlEo-O;:FlCE 0- .., ',- ,.,- -L"'''''T'.qy '" '-,- ", \. .. .. -" . . -." % ~EP II Iii; '1: S2 C' ". " '1:,,'\' -"'1,,...1,"_. "_J ..............11 PENNSrL'/ANlt\ " I I i I j , i DIANE C, RADCLIFF I ATTORNEY.AT.LAW ) ,....1 TRINDU ROAD CAMP lULL. fA 17011 , ' " MARRIAGE SETTLEH1!:NT AGREEMENT THIS AGREEMENT made this (. fl.i day of S;,,) '/~'..... ;,~/7, 1996, I by and between MICHELE T. H1!:LHORH ("WIFE") of 710 Lisburn Road, Camp Hill, Pennsylvania 17011 and MICHAEL K. H1!:LBORH ("HUSBAND") of 10 Drexel Place, New Cumberland, Pennsylvania 17070. K I or H E SSE T H : WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on April 17, 1991 in Kuwaii Island, Hawaii. There were no children born of this marriage. 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 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 and 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. , , HOW, 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. IHCORPORATION 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 HOT A BAR TO DIVORCE PROCEEDIHGS. 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, The rarties acknowledge that their marriage is irretrievably broken and that they intend to secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in HUSBAND Cumberland DIANE G, RADCLIFF ATTORNEY.AT.LAW ,+IS TRlsnLE ROAD CA~IP lUll. PA 17011 County divorce action docketed to number 95-4776 Civil Term, on September 6, 1995. Upon the execution of this Agreement the parties shall execute and file all documents, including DIANE C, RADCLIFF ATTORNEY.AT-LAW J.<<I TRINDLt: ROAD CAMP IIILL. PA 17011 , . " Affidavits of Consent and Waiver Forms necessary to finalize the divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that 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, 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. S. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" I ! DIANE G, RADCLIFF ATTORNEY.AT.LAW ,..I TIUSDLE ROAD CAMP lULL. 'A 11011 " which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, DIANE G. RADCLIFF, ESQUIRE, for WIFE, and MICHAEL H. SHALL, ESQUIRE, for HUSBAND, 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 and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVE 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 DIANE G, RADCLIFF ATTORNEY.AT.LAW '441 TRINDLE ROAD CAMP IIILL, PA \TO" " 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 difference 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. Both parties hereby waive the following procedural rights: a, The right to obtain an inventory and apprai'sement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have 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. d. The right to have the court decide any other rights, remedies, privileges, or obligations covered by I I DIANE G. RADCLUF ATTORNEY.AT.LAW ,..... TRISDLt ROAD , CAMP lULL. PA nOli , . " this Agreement, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses, 11. PERSONAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, ruga, carpets, house-hold equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND: and HUSBAND agrees that all of the 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 above items which shall become the sole and separate property of the other, 12. 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 May 14, 1993, 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 DIANE C, RADCLIFF ATIORNEY.AT.LAW ,.... TltlNOLl ROAD CAMP HILL. fA 17011 . ' " 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. 13. FORECLOSED ASSETS. The parties acknowledge and agree that their previously jointly owned 1992 Oldsmobile 98 Automobile and their previously jointly owned marital residence situate at 25 Gary Player Drive, Etters, Pennsylvania have been either repossessed and/or foreclosed upon and therefore are not available for or subject to distribution between the parties. As a result thereof the parties make no provisions for said assets pertaining thereto in this Agreement. 14. WAIVER OF INTEREST IN REAL ESTATE. HUSBAND is the fifty (50%) percent owner of two parcels of real estate known and numbered as 638 Edison Street, York, Pennsylvania and 734 Edison Street, York, Pennsylvania. With respect to sa~d parcels of real estate the parties agree that WIFE hereby waives, releases and renounces whatever right, title and interest therein that she may have by virtue of the parties' marriage or otherwise and hereafter HUSBAND'S interest in and to said parcels of real estate shall be his sole and separate property free and clear of claims of WIFE. HUSBAND agrees that he shall be solely responsible for any liability and cost pertaining to said parcels of real estate and shall indemnify, protect and save WIFE harmless therefrom, , ' " 15. EACH PARTY RETAINS OWN 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, profit Sharing plan, 401-K plan, Keogh plan, Stock Plan, Tax Deferred savings plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension plan, Retirement plan, Savings plan, Tax Deferred Savings plan and/or any employee benefit plan shall become the sole and separate property of the party in which name or through whose employment said plan is carried. As clarification for the foregoing it is acknowledged and agreed that HUSBAND shall receive as his sole and separate property his interest in his employment 401K plan and Pension and profit Sharing Plan and that WIFE shall receive as her sole and separate property her interest in her employment 401K Plan. 16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. ::>IANE C, RADCLIFF ATIORNEY.AT.LAW ,ul TRISOLE ROAD CAMP IIILL. PA 17011 The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND I I I DIANE C, RADCLIFF I ATTORNEY.AT.LAW , "... TRISDLE ROAD CAMP lULL. PA 17011 " agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become 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 any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 17. MONETARY PAYMEN'rS. On or before September 15, 1996, HUSBAND shall pay WIFE the sum of money equal to the amount that would have been due her had her Support Order in the amount of $765.00 per month entered in the office of Domestic Relations for York County, Pennsylvania and docketed to No. 1306 SA 1993, DRO 152,843, continued through and including the month of February, 1997. Said payments should therefore be the amount of arrearages existing on said Support Order as of the date of termination thereof pursuant to the terms of this Agreement plus an amount calculated at $765.00 per month for the period from the date of said termination through and including the month of February, 1997. 18. WAIVER OF INHERITANCE. 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. 19. 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 to 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. 20. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in DIANE G. RADCLIFF ATTORNEY.AT.LAW S.....A TRINDLE ROAD CA~IP IIILL. PA 1'1011 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. S,uch tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. DIANE C, RADCLIFF ATTORSEV.AT.LAW ,,,*.11 TRINDLE ROAD CAMP lULL. ." 17011 , ' " 21. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the aforementioned action in divorce, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, 22. WAIVER OF ALIMONY, ALIMONY PENDBNTE LITE, SPOUSAL SUPPORT, MAINTENANCE 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 and costs. WIFE shall take immediate steps to see that the Spousal Support Order in the amount of $765.00 per month entered in the office of the Domestic Relations of York County, Pennsylvania and docketed to No. 1306 SA 1993, DRO #52,843, shall be terminated effective September 1, 1996. If any payments are received by WIFE under said Support Order after September 1, 1996 they shall be taken into account in arriving at the sum due WIFE pursuant to the terms of Paragraph 17 herein, 23. 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 the other in all respects as fully as if they were unmarried. They ! , I , DIANE G, RADCLIFF , ATIOR:-IEY.AT.LAW '-HS TRISDLE ROAD CA)IP IIILl. PA 11011 . ' " 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. 24. 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 any from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or 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 willi or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under . . '. the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or 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, any 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 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. 25. 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. 26. MUTUAL COOPERATION. DIANE C. RADCLIFF ATTORNEY.AT.LAW '4-18 TRINDLE ROAD CAMP lULL. PA 17011 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 27. 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. 28. 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. 29. 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 as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 30. NO WAIVER OF DEFAULT. .. DIANE C. RADCLIFF ATTORNEY.AT.LAW ''''1 TRISDLE ROAD CAMP IIILI.. 'A 17011 This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict JIANE C. RADCLIFF ATTORNEY,AT.LAW S448 TRINDLE ROAD CAMP IIILL. PA nOli . . " 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. 31. 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 patty 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), an any additional rights and remedies that may , ' " hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: (I) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the award of interest on any unpaid installment; (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months. (7) the award of counsel fees and costs. (8) the attachment of the breaching party's wages. . DIANE C, RADCLIFF ATTORNEY.AT.LAW , '+41 TRINDL~ ROAD , CAMP IIILL, PA 17011 (d) Any other remedies provided for in law or in equity. . ' " 32. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of pennsylvania. 33. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience 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: lv/.~u..-/U~.. " /' " lJ;~ <<:;; f.. . --I? .,jr"..~j;f.."t '1./ (SEAL) MICHELE T. MELHORN ')1l~jJ r'/J,eJ!i=<SEAL) MICHAEL K. MELHORN DIANE C, RADCLIFF ATTORNEY.AT.LAW '448 TJUNDLE ROAD CAMP lULL. PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL K. MELHORN, Plaintiff . NO. 9s - 4- 77" t.<..v-J T ~v vs. IN DIVORCE MICHELE T. MELHORN, Defendant NOTICB TO TBB DBPENDANT 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. PLAINTIPP'S AFPIDAVIT ONDBR SBCTION 3301(d) OP TBB DIVORCB CODB 1. The parties to this action separated on May 10, 1993 and have continued to live separate and apart for a period of at least two (2) 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 falsification to authorities. Date: September 6, 1995 ~k:n1dt. Michael . Melhorn, Plaintiff . t.. . , ' MICHAEL K, MELHORN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4ne CIVIL TERM v, MICHELE T, MELHORN, DEFENDANT IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT !!~QgR ~ECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree, lL (b) I oppose the entry of a divorce decree because: Check (I) or (i1) or both: _ (i) The parties to this action have not lived separation and apart for a period of at least two years, (Ii) The marriage' is not irretrievably broken. lL (ill) Defendant opposes bifurcation of the divorce and divorce should not be granted until all economic issues are resolved, 2, Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. 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, DIANE C. RADCLIFF ATTORSEY.AT,I.AW nUl TRlsnLE ROAn CAMP IIIl1., PA 17011 lL (b) I wish to claim economic relief which may Include alimony, division of property, lawyer's fees or expenses or other important rights. < ~ . ' , I verify that the statements made In this counter-affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 C,8, 4904 relating to unsworn falsification to authorities, Date: It'. /I - '/1) ~. 1(. ....) y . c...., '(('.".'(' I rIAL,IL;",,; MI HELE T, MELHORN, DEFENDANT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC REUEF, YOU NEED NOT FILE THIS COUNTERAFFIDAVIT. ., DIANE C, RADCLIFF ATTORNEY,AT,LAW sua TRISDL[ ROAD CAMP III1.L. PA 17011 . . MICHAEL K, MELHORN, PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-4ne CIVIL TERM MICHELE T, MELHORN, DEFENDANT IN DIVORCE ANSWER TO DIVORCE COMPLAINT AND NOW, this 4th day of October, 1995, comes the Defendant, MICHELE T, MELHORN, by her attomey, DIANE G. RADCLIFF, ESQUIRE, and flies the following Answer and Counterclaim to Plaintiffs Complaint in Divorce as follows: COUNT I: DIVORCE 1. Admitted. 2. Admitted. 3. Admitted, 4, Admitted, 5, Admitted. e, Admitted. 7, Admitted, 8, This is a request for relief to which no response is required, To the extent a response Is required the Defendant believes that a divorce decree should not be granted until all of the economic issues hereafter set forth are resolved, DIANE C. RADCLIFF ATTORNEY,AT.LAW SUI TRINOLE ROAD CAMP lULL. PA 17011 2 DIANE C. RADCLIFF ATTORNEY,AT.I.AW SUI TRlsnu: ROAI) CAMP 11I1.1., PA 11011 . . COUNTERCLAIM COUNT II: EQUI~BLE DISTRIBUTION 9, The Answers to Paragraphs 1 through 8 are Incorporated by reference hereto as fully as though the same were set forth at length, 10, Plaintiff and Defendant have legally acquired property, both real and personal, during their marriage from April 17, 1991 until May 10, 1993, the date of separation, all of which Is "marital property", 11. 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", 12, 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, Defendant requests thls~onorable Court to equitably divide all marital property of the parties, COUNT III: ALIMONY PENDEN!!: LITE. ALIMONY 13, Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length, 14, Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself though appropriate employment. 15, Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage, 3 . ' WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter, COUNT IV: COUNSEL FEES 16, Paragraphs 1 through 15 are Incorporated by reference hereto as fully as though the same were set forth at length, 17, Defendant has employed Diane G, Radcliff, Esquire, as counsel but Is unable to pay the necessary and reasonable attomey's fees for said counsel, 18, The Defendant is In need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Honorable Court to enter an award of Interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to '. further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate, Respectfully submitted, \ l DIANE C. RADCLIFF ATTORNEY.AT,LAW sue TRlsnLt ROAn CAMP lULL. PA 17011 4 . . VERIFICATION MICHELE T. MELHORN verifies that the statements made in this ANSWER AND COUNTERCLAIM TO COMPLAINT FOR DIVORCE are true and correct, MICHELE T, MELHORN understands that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unswom falsification to authorities, 7.'11.1.:] v j>" ( /)/u,c', ~-" t.? ,-,?,J,l{' ij,~, ,)t/ MICHELE T, MELHORN . . -~ -, .',' ',' . .:J.',:' ,.. p ~, . b.. .., "i" t, i ...) . ~ , 'g' .. ~ ..., \..; _ r I ~ '::' . ':: . ,:, ' ",;', ,', ' 1 ',\ - ~ ' ,c, ""e:' , " ~, , ~ ' ~ ..,,'.. ' . ,~.K. ' . ~. '?~:,~fl~. ' . " . ~ [.:.: ,C ;: f'W~' ",;,~' ,j C" ~~.,u.:.. ' '.' . ' . ,. "., ,:,:"' >':'''~ :./; ;,.' ;/:.'. :: . ,.. . ,,:,~':i,:,,: ;'.: i . ,. , ".,'. .' ;':':. <', :: :,' ... " . ,,' ,'" J', .,'':"k ~ ,~ " ' ':" "~, " ,:~\"~:~':':' > i,' " ~ ' ..:;':,;",;'..',:~'{.~i/: -- >: ~~~ , ,~" :ii::' , :'r;~:l ' "" ',', ,::.'-:'" ,/'':,' , ,,~ ' : ' ',~,' "",, ,,' , ~70 ' , " ,,. ",/',': '":,~~ :", "", ", . :",' .....i ,.,.,; ,~;,;,> . ',:;' .., . ,'.. ,.. '.., '"1'~:",,,; )';' ~;:.," . , " :::,~ ':" e,'C' :\; , l', ~ " , '"':,c,, ' " ~!::~" y ,'::~;',~ '::; ;: I ~ ,,;<)\';~il'S:~t,:J]! ',' ,I,' I ' ,,{l~;ff!~f,i;, ;; 'it~ ,J"'CC ' " ~ ,,' , ~,: ' ,,~'" ,",,,, "" ~" ,"" :,;:LYi.~'>'''' ~ , ,,;<,' ", ,,:" J.U , ~~~~ ",:~, '" , , .,'>,,:. ' 'it)' . ' il 0 ":7~,~':'<" , ' ""; ~",,~:', ,,;{:,~: ,"',:';: :~~,:,,:> ; , :' "':" fit ,,;:':J::~"':"'" .,.".,',.: "'~<;;~\'.i> ", ~ ,<, ,.' , ,r,,' ", .", ",. ' ~~',";,',' , , , " , ,"~, ,~, . ," " ;,{.'..; ;', ',:; 'i:";~': ", ~,,' ; . ,,; '9~ . . :' <: ,..;:'.'L"" . 'i. :;. " ,. "., . ~;. .' ., :":,/:;:;,,,-r,~iH ,.;,," -" . ~ > ..' , ,,'. .,;" ;,;:. ,.;-; - , , ,. ~ ". ..' .:.. . ,.: :' ; '.~'_:',:'':: ",;, _..'..:::. ..' ,::i".:,;,.", "',,;;. ',', i,. . .. ..,. ,.-: "i'::,..::"'i-' :.:.':; . .... " :.;', ..i. <.;.; '.-:- _C,'i. ,,- ' . ,. ... ... ,"-::i'~' . . .' . ['~j. .'~~ ..... . ",.>'<::....'..:i. ., .. _ ... ;';:?':'\:;' - , . . . . . . . u::> ....~ .z~ ~r __...t y:n!":...;... c.;,%,.... ~~n:.;. \~=:~ ..,lJ}UJ i'. I'::l u.'L:- '" ~ - ::c a.. at :r N fb V> ... '........c....;. . . . MICHAEL K. MELHORN, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4ne CIVIL TERM MICHELE T. MELHORN, DEFENDANT IN DIVORCE AFFIDAvrr OF CONSENT 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on September 6, 1995. 2. The marriage of Plaintiff and Defendant Is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final Decree 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. understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unswom falsification to authorities, Dated: 9/6/96 . .1..-, s1k ,. ~". ,"../ ," i , /J( ..U!f~ ~./ ~ . vltf.. .\.o.v' MICHELE T, MELHORN DIANE C, RADCLIFF ATTORNEY.AT.LAW 'ff. TkINnt.E ROAn CAMP 1111.1.. PA 17011 ,. >- C"') >- cr: N 1_-; ~~ C',~ ',J..~ :j~i -to 0: 9(; -l ::i .- >- , c. . ...(] @' C'J ";~: _I,"' ".'- c_ , ":lj u.;. t.... -,1u. ,.. V. ., '-'~ '0 ::" 0 C.n U , ' vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4776 CIVIL TERM MICHAEL K. MELHORN, plaintiff MICHBLB T. MELHORN, Defendant IN DIVORCE APPIDAVIT OP CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 6, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9/6/96 )?~t'~ Michael K. Melhorn, Plaintiff '">- ..:r I". r .'''' ''"' ,- \_:'. c;, >< t.Lle '4 0' ,;;.;- If' ...J"? ':f' .:.- "'-; ~~ ::'0:::.1 C' ~n \..1-It.. N l ::-~- C! 0., ,'--." ; '"jf\] F- ~: , ~...l. t/) , L'. ~r.> ~. U ,~) 0' (J MICHAEL K. MELHORN. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95.4nS CIVIL TERM v. MICHELE T. MELHORN. DEFENDANT IN DIVORCE WAIVE~ O~ NOTICE OF INTENTION TO REQUEST E..NTR OF A DIVORCE DECREE UNDEB SECTION 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is flied with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. 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: 9/6/96 (h(LldcfL''-I? t.?(.J.~\Ar./ - MICHELE T. MELHORN DIANE c. RADCLIFF ATTORNEY-AT.LAW SUB TRINUI.f. ROAn CAMP 1111.1.. FA 17011 >- ..::- :~ c- ;~ '" .~= .. lUr- e,,: -~-J ~'!'.. Or, __'t~:.~ /J=- '- -):;.. ~l I::'. ...~ ~...1 ;:-.:.J 0 ,,'t:5 ...'. N r_;"~ :-:;; tEl." t:l.. !",.'J(i.J r-.:: L.... ~;Jo..: V; ". V) :.-5 (.) V'l U . ' MICHAEL K. MELHORN, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4776 CIVIL TERM MICHELE T. MELHORN, Defendant IN DIVORCE WAIWR OP NOTICB OP INTENTION TO RBQtJBST ENTRY OP A DIVORCB DBCRBB UNDBR I 3301(0) OP TBB DIVORCB CODB 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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. Date: 9/6/96 Ih~/~ Michael . Melhorn, Plaintiff >- '- ;- 0- ('V j:~ c.:'j ~ ,.. lJJr~ ..:. U, . :~ r c:;.. ,,~: , -;::'1 , .- r::> .'U) UJ<'. N ....... ,::;: r;!t-, . Cc. . jriJ LL; ..:ic- ,-. v: -~ II. '0 .., 0 en <3 i"i. If) , ;:.-. ". , . ~: C'"; . i...~ ft'. "_1:--,; I~ r. ~, ' .J':;> SJ,. '1~- _ ,_J C)i C, .- Ut:: (>.: '\./) f1! ~ . 1"" 0., -::.; [. Lu .~i.!j " V> _:'_;.:1.. 0 V", :j v' u . MIOlAEL K. MEUIORN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. . NO. 4776 CIVIL 1995 . MICHELE T. MEUIORN. . . Defendant . IN DIVORCE . STATUS SHEET DATE: ACTIVITIES: ~ I L(" /n, '7/1 !YL 9' ~ ~ c; (" . ,. - OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240,6535 E. Robert Elicker, II Divorce Master Tracl Jo Coll/er May 13, 1996 Office ManagerlRepor1er Michael H. small, Esquire FARRELL & SHALL 201/203 South Railroad Street P.O. Box 113 Palmyra, PA 17078-01113 RE: Michael K. Melhorn vs. Michele T. Melhorn No. 95 - 4776 In Divorce We.t Shore 697.0371 Ext, 6535 Diane G. Radcliff Attorney at Law 3448 Trindle Road Camp Hill, PA 17011 Dear Hr. Small and Ms. Radcliff: By order of Court of President Judge Harold E. Sheely dated May 10, 1996, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on September 6, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. On the same date the Plaintiff filed an affidavit under Section 3301(d) of the Domestic Relations Code averring that the parties separated on May 10, 1993, a period of at least two years. On October 12, 1995, the Defendant filed an answer and counterclaim in response to the divorce complaint. The counterclaim raised the economic issues of equitable distribution, alimony pendente lite, alimony, and counsel fees. On the same date the Defendant filed a response to the affidavit under section 3301(d). In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Monday, June 3, 1996. Upon receipt of the pre-trial statements I will ~~...-- ..~.,-.~ Law Ollie.. of FARRELL & SMALL 2011203 South Railroad Slreel P. 0, Sox 113 Palmy,e, Pennsylvenla 17078.0113 MICHAEL H, SMALL JOSEPH MICHAEL FARRELL 717,838,1385 717.534.2948 FAX 717-1138.7215 June 12, 1996 Mr. E. Robert Elicker, II Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 In re: Michael K. Melhorn v. Michele T. Melhorn No. 95-4776 In Divorce Dear Mr. Elicker: In regard to the above-captioned matter, I am writing to request a further extension of time for the filing of the required Pre-Trial Statement(s) until on or before June 21, 1996. I am making this request due to my schedule, which has, once again, prevented the completion of the Plaintiff's Pre-Trial Statement. I have spoken with Atty. Radcliff and she has .indicated that she has no objection to this request for an additional extension being granted and she authorized me to represent that to you. Your consideration in this matter is greatly appreciated I Very truly Michael H. MHS/jag cc: Diane G. Radcliff, Esquire lllw Olllee. 01 FARRELL Be SMALL 2011203 Soulh Rell,oad Slreel p, 0, Box 113 P.lmyra, Penn.ylvanl.17078,OIl3 MICHAEL H, SMALL JOSEPH MICHAEL FARRELL 717'838-1385 717.534.21148 FAX 717-838.7215 June 21, 1996 Mr. E. Robert Elicker, II Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 In re: Michael K. Melhorn v. Michele T. Melhorn No. 95-4776 In Divorce Dear Mr. Elicker: In regard to the above-captioned matter, I am writing to request a further extension of time for the filing of the required Pre-Trial Statement(s) until a date which is as yet to be deter- mined. The reason for this request is that the parties, through counsel, are pursuing settlement discussions which, if successful, will resolve all issues. This request is being made with the knowledge and concurrence of Atty. Radcliff. Your consideration in this matter is greatly appreciated I truly Michael H. Small, Esquire MHS/jag cc: Diane G. Radcliff, Esquire ;.~ ". ~~ :: law Off".. of FARRELL & SMALL MICHAEL H, SMALL JOSEPH MICHAEL FARRELL 2011203 SoU1h Roi~..d 5."" p.o. Box 113 Palmyra, Ptnn.yl..nia 17078.0113 717-838'1385 717-534-2948 FAX 717-838-7215 September 6, 1996 Mr. E. Robert Elicker, II Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 In re: Michael K. Melhorn v. Michele T. Melhorn No. 95-4776 In Divorce Dear Mr. Elicker: In regard to the above-captioned matter, I am writing to report that the parties have reached a settlement. Enclosed herewith you will find a copy of the executed Marriage Settlement Agreement dated September 6, 1996. It is my understanding that you will proceed with the necessary steps to vacate your appointment as Master so that we may proceed to finalize the divorce action. Please notify me as soon as your appointment is vacated. As you can understand, the parties are anxious to conclude this proceeding, so your prompt attention to this matter will be greatly appreciated. Q;g~ Michael H. Small, Esquire MHS/jag Enclosure cc: Diane G. Radcliff, Esquire