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HomeMy WebLinkAbout95-04854 , , . , .' . . . I. . .'*' '..... ... ... .lOC. ... ... ... ..' ... ... 'lOC' ... 'lOC' .:.:. .lOC. .:.:. ... 'lOC. ~ .., .~:... ':.:- 'lIe' 'lIe- ... ... _.~ 8' ------- ",--.,-...,.,... ,...,..,.. """" ... ...... ,...._....~-_., ~ . . . . ~ . J.I IN THE COURT OF COMMON PLEAS 8 8 8 8 OF CUMBERLAND COUNTY tI 8 8 tI ~ . . STATE OF 1~?#,il~l PENNA, 8 8 ". '. .:t . 8 8 i . PAUL S. AALAS, 465*, e Plaintiff No. 95-4!)&t-CIVlr..T~~.. II) : 8 \"'1",11' 8 8 .JlARBARA L. PITT, 8 8 ~ Defendant ., 8 i ~ ~ 8 ' ~ DECREE IN : III; , DIVORCE 8 ~ 8 " ~ . AND NOW. . . J)u&.",lOcT. .l.~. , . . '. 19.97.... It Is ordered and , i . i decreed that .. .~illj\ .~, .I)ij\illj. . . .. . . . . , . . . . . . . . . . . . . . .. . . . . . . '. plaintiff. ~ .' J.I . and. . . . . .. . . . . . Ilarbara. L.. Pitt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., defendant. " , J.I ~ are divorced from the bonds of matrimony, 8 8 ~ . The court retains jurisdiction of the following claims which have ~ 8 been raised of record In this action for which a final order has not yet ~ 8 been eThntered; di i i ~ . e terms, con tons, and obl gations set forth in the attached ~ 88 ~~p::ihr~.t.ibo.n. ~i~,d. .P.r~.~.r.t.y. si,e.ttI.ernei.nt .Aqr~e~l'!td~at~~ 'd~<:~m~r: . . . ~d (,' ??k , , ~ are ere y ncorporated nto th s Decree, an Defen ant is awar eu sole i i ~ ... Ilnt tlll~n.t. .to. BurV ,vor. benef.itsullder. .P.laintiff's .United .States .milHary. " ~ pension. ~ . . 8 . , ~4i -..:- '.:.. By TIIf'.w~i O~,~". AlI..t I '. ), _ J. ~"''''' r: I~' ~~. "'" 7-'-*~.y( /.;s..ic; {J:;;t / . #'~~lllOl1nlnq' ~ ., ,'" !'* ~ 'il .' i~ /-,' ~ .~~~~.***~.~.*.~,*.~.~.*,~.~.*~.~~*~. /~~11') 4t.I. dIt~ 111~ -ta; ~ P-..)~.0 '11i& ''P1~ Z 4 ~ .( I I, I I , . ~EPARATlON AND PROPERTY SETI'LEMENT AGREEMENT TBIS AGREEMENT, made this 3b( day Ofa~97, by and between PAUL S. BALAS, ofThrec Thornhill Court, Carlisle, Cumberland County, PeMsylvanlal7013, party of the first part, hereinafter referred ta as "HUSBAND" AND BARBARA L. PITI', also known as Barbara L. Balas, of 833 Walnut Lane, Carlisle, Cumberland County, PeMsylvanla 17013, party ofthe second part, hereinafter referred to as "WIFE", WITNESSETH: WHEREAS, HUSBAND and WIFE were married on August 20, 1993, at the U,S, Anny War College located In Carlisle, PeMsylvanls; and WHEREAS, HUSBAND and WIFE are residents of the Commonwealth ofPeMsylvanla and have been 10 for atlwt the past six months; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, HUSBAND and WIFE desire to settle and detennlne certain of their marital rights and obligations, and make an equitable distribution oftheir marital property, waive their rights ta alimony and support and any other matters which may be considered under the Divorce Cade; and WHEREAS, it Is the Intention and purpose ofthls Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each ather and to settle all (l;f I financial and property rislits between them; and WHEREAS, the parties hereto have mutually entered into an asreement Cor the dlvlalon ofthelr jointly awned useta, the pravlsions Cor the liabilities they awe, and pravislons Cor the resolution oC their mutual dill'erences, after both have had full and ample opportunity to consult with their respective attorneys, ifthey so desired, and the parties now wish to have that agreement reduced to writing, NOW. THEREFORE, the parties hereto In consideration oCthe mutually made and to be kept promises set Corth hereinafter and Cor other good and valuable consideration, and Intending to be legally bound and to legally bind their heirs, successors, ualgns, and personal representatives, do hereby covenant, promise and asree u Collows: ARTICLE I SEPARATION AND NON-MOLESTATION AGREEMENT I.l It ahaII be lawful Cor HUSBAND and WIFE at all times hereafter to live separate and apart from each ather and ta reside Crom time to time at such place ar places u they shall respectively deem fit free from any autharity, control, restraint, or Interference, direct or Indirect, by each other, Each party asrees that he or she will not compel or endeavor ta compel the other to cohabit or dwell with him or her by any legal or other proceedings, Each may have Cor her or his separate use and beneflt the right to conduct, carry on or engage In any business, proCession or occupation. Neither oCthe parties shall, in any way whatsoever, Interfere with the other's employment or occupation, directly or Indirectly. HUSBAND and WIFE shall not molest, harass, f>I 2 . . . I, I \ dllturb, or ma1Ian each other or the relpec:tive famlllu, emploYeel, or employllI'I of each other, The partlOlIl'O free to mutually and valuntarily make any eft"ortl to rec:onclllatlan u he, Ihe or they ahalI deem proper, The foregoing provialon., however, ahaII nat be taken to be an admlulon on the part of either HUSBAND or WIFE ofthe lawfulnell or unlawftllnell of the c:aulOlleadlns to their Uvlna apart, and Iha1I not be taken to be an admilllon on the part of either HUSBAND or WIFE uta whether either party committed deaertlon and continue. deaertion, and nothing contained in thI. Agreement I. to be deemed to ju.tli)' any IUch continued deaertlon. ARTICLE D DIVORCE 2.1 ThI. Ajreement I. not predicated on divorce. It II lpeciflca1ly underltoad and aareed by and between the parties hereto and each ofthe &lid parties daea hereby warrant and represent to the other that the execution and deUvery ofthll Agreement I. not predicated upon nor made IUbJect to any qreement for Instltutlan, proaecutlon, defense, or for the non.proaecutlon or non-defOlllO of any action for divorce; provided, however, that nothing contained In thl. Agreement ahaIl prevent or preclude either of the partie. hereta from conunenclna. Inatltutlna or proaecutlns any action or action for divorce, either ablOlute or otherwiae, upon jult, lepI and proper ground.; nor to prevent either party from defending any luch action which hu been, may, or aha1I be instituted by the other party, or from maJdns any just or proper defOlllO thereto. It i. WlIT&nted, covenanted, and represented by HUSBAND and WIFE, elch to the other, that thl. Agreement 1.lawftll and enforceable and thll warranty, covenant, and repreaentatlon I. made for the IpCClllc purpoae oflnduclng HUSBAND and WIFE to execute the Agreement, HUSBAND and WIFE elch knowingly and understandingly hereby waive any and all pOlalble clalml that thla e/ 3 'ij ! \ I \ Apeement II, for any reuon, Illegal, or for any reaon whatlOever afpublic policy, unenforceable In whole or In part. HUSBAND and WlFB do each hereby warrant, covenant and aaree that, In any poulble event, he and ahe are and ahall forever be eltopped from aaertlna any lIIepUty or unenforceablllty a to all or any part ofthll Aareement. u It II further Ipeclllcally underatood and agreed that the provillonl ofthll Agreement relatlns to the equitable diltributlon of property ofthe partlel are accepted by each party a a final aettlement for all purpoael whatlOever, Should either of the partlel obtain a decree, judsment or order of aeparatlon or divorce In any other Itate, country, or jurisdiction, each of the parties ta thll Apeement hereby conaents and qreel that thll Aareement and all It I covenants ahalI not be aft'ected In any way by any auch aeparatlan and divorce; and that nothlnsln any aueb decree, judsment, order or further modification or revialon thereof ahall alter, amend or vary any term of thI1 Agreement, whether or not either or both ofthe partlel ahould remarry, It beins undmtood by and between the partlel that thll Aareement Ihallaurvlve and Ihall not be mersed Into any decree, judament or order of divorce or aeparatlon. It II further agreed by the parties that, upon execution, thil Agreement ahallaupenede that certain Pre-Nuptial Agreement between the partiel dated AUSUlt 19, 1993, which Agreement ahall be oCno further force or effect and Ihall be deemed null and void ab initio, 2.3 It II Ipecifically agreed that a copy of thll Asreement may be Incorporated by reference Into any divorce judsment or decree If or whenever 10USht by either ofthe partlel hereto, Such Incorporation, however, Ihall not be reSarded al a merger, it being the intent of the partlel ta P/ .. . . I, I \ permit thI. Aareement to IUrvive any IUch aareement.. ARTICLE m EOUITABLE DISTRIBUTION OF MARITAL PROPER1Y 3.1 Tho partiea havo attempted to dlvido their marital property In a manner which conforma to tho criteria lOt forth In Section 401 of tho POMlylvanla Divorce Code, and ta1dna Inta account tho follawlng considerations: tho length of the marriage, tho prior maniaaOl of the parties, tho aso, health, .tation, amount and sources of Incomo, vocatlonsllkill., employability, eatate, liabilities, and needa for each af tho partlea; the contribution of ano party ta tho education, lrIInIna or increued eamIns power ta tho other party, tho apportunlty of each party for future lCqulaltlon of capital uaetl and Incomo, tho lOurce. of Incomo of both partlea, Includlna but not Umlted to medical, retirement, Insurance or other benefit.. tho contribution of dlllipatlon of each party In the lCquialtion, preaervation, depreciation, or appreclatian of marital propeny, Includlna tho contribution of a party u a hamemaker; tho valuo of tho property lOt apart to each party; the .lancIard of Uvlns ofthe partlea OItabUshed during their marrillllo; and tho economic circumstances ofeach Party,lncludlns federal, .tato and local tax ramlficatian.. at tho tlmo tho dlvialon of tho property il to becomo effectivo; and whether tho party will be serving u tho cultodlan of any dOpendent minor children. 3.2 Tho divialon of exl.tlng marital property il not intended by tho parties to conltltuto in any way a 11I0 or exchango af uset., and the divislan il being effected without tho introduction af out.ide fund. or other property not constituting marital property, Tho dlvillon of property under ;;/ s I , this Agreement shall be in fuU aatlsfaction of all rights of equitable distribution of the parties, 3.3 Real Pronertv. The parties confinn that each afthem awn fee simple title ta certain real estate specifically, WIFE holds fee simple WIFE holds fee simple title ta 833 Walnut Lane, Carlisle, Cumberland County, PeMsylvania, and ta 261 Southwest Street, Carlisle, Cumberland County, PeMSylvania, and 123 Parker Street, Carlisle, Cumberland County, PeMsylvanla, and 1712 Illinois Road, Northbrook, Illinois; and HUSBAND holds fee simple title to Three Thamhill Court, Cartisle, Cumberland County, PeMsylvania,". Hereafter, said real estate ahall be and remain the sole and separate property of the party under whose name the real estate Is titled, free of any claim from the other, To the extent that any real estate Is presently or hereafter encumbered, the party owning such real estate shall be solely responsible for payment of any sums attributable to said encumbrance(s) and shall IndemnifY and hold the other party hann1eu from payment of the same. 3.4 Life Insurance. Each party agrees that the other party shall have sole awnersbip of any Insurance pallctes owned by the other party, Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other Incldenta of awnershlp oftheir respective policies free of any right or claim by the other party, Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. f?Jf 3.5 6 , , Pension and Retirement Fund. Each party agrees that the other party ahall retain IOle ownerahip, poslCsslon and interest of any and all retirement, pension, profit-aharing or similar fund. or account. standing IOlely in his or her name, Each party shall have the right to borrow, cub in palicles, change beneficiaries, and otherwilC exercise any other Incidents of ownerahip of his or her re.pectlve account., funds or policies, free of any right or claim by the other party, Each party agrCCl to .Ign any documents necessary to transfer ownership or ownership Interest In such funds, accounts or pallcies to the respective party who prelCntly owns such, Notwithstanding the provisions ofthe foregoing paragraph, the parties acknowledge that HUSBAND Is currently a recipient ofa United States military pension administered through the DefenlC Finance and Accounting Service and Is receiving monthly benefits thereunder. For the remainder of his life, HUSBAND shall be entitled to full and complete use and enjoyment of said pension free of any claims of WIFE. HUSBAND .hall at all times maintain WIFE as the sole survivor beneficiary under said pension and shall continue to have the cost of said survivor's benefita deducted ("SBP Deductlan") from his monthly pension Installment. When a Divorce Decree Is entered between the panies, It shall Include a specific provision awarding the Survivor Benefit Plan benefits as defined hereunder, to WIFE. HUSBAND will promptly comply with any request to execute any document necessary to maintain WIFE as sole survivor beneficiary and should he neglect to do so, he hereby guarantees the payment ta WIFE follawing HUSBAND'S death of the survivor benefit and Indemnifies and holds WIFE harmless from any and all loss she sustains In such event. WIFE shall guarantee and make reimbursement to HUSBAND of all SPB deductions deducted from HUSBAND's monthly pension installment from November I, 1997, and thereafter, attributable to said survivor's benefits; further WIFE shall indemnifY HUSBAND 7 ~ , . from any and all laid SOP deductlans Incurred to maintain the survivor's benefit in effcc:t. WIFE'. auarantce and Indemnlficatlan In this respect shall extend to and Include the full remalnlns period ofHUSOAND'. natural life. Upon the execution ofthis Agreement, WIFE shall place thelUm of Twenty-five Thousand ($25,000.00) Dollars In escrow with her counsel, Luther E. Milspaw, lr., from which he shall psy to HUSBAND, In advance quarterly payments, the SOP deduction until laid escrow, together with sccrued Interest, Is exhausted, Thereafter, WIFE shall promptly advance quarterly in advance to laid attorney the full and complete cost of laid SBP deduction, and her attorney shall promptly make advance quarterly payment ofthe SBP deduction to HUSBAND for the remainder of his natural life. HUSBAND shall fumlsh quarterly ta WIFE'S attarney, with a copy of his monthiy Retiree account statement showing the SBP cost., Said co.ta arc currently 5168,46 per month, In the event HUSBAND should die prior to cxhau.tlon of the escrowed IUm any remaining balance together with accrued Interest, shall be returned to WIFE, The escrow amount shall be placed In an interest-bearing status with a reuonable and prudent rate ofrctum and shall be invested in an Investment authorized under the PeMSylvania Estatea, Probate and Fiduciaries Code. HUSBAND hereby agrees to siSO all documents reasonably necessary ta Irrevocably continue WIFE u survivor benelit under his mllitlll}' pension, and further agrees to pravide WIFE'. counsel copies of any documents reasonably necessary ta accomplish this Irrevacable designation or election. In addition, HUSBAND hereby agrees ta sign a limited or special power-of- attorney granting authority to Luther E, Milspaw, lr., Esquire as allorney In fact to have WIFE'. designation u survivor beneficllll}' remain irrevocable. Husband's estate shall provide a death certilicate to wife within two weeks of HUSBAND's death. {?' 8 3.6 Penonll ProDertv. The parties hereto have heretafore mutually agreed upan a division of their tanalble personal property to their mutual satisfaction, On and after the date ofthe execution . ofthls Agreement, the personal property In the possession of each party shall be and remain his or her sole and separate property, Each party hereby waives any clalm to awnershlp ofthe property in the pauession ofthe other party. 3.7 ~ubseauen.ly ACQuired PropertY. HUSBAND and WIFE agree ta waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tanalble personal property subsequently acquired by the other party. HUSBAND and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.. Motor Vehicles. The parties each awn certain motor vehicles, which vehicles shaI1 remain the sole and separate property of the party under whose name It is titled, Each party hereby agrees to 1ndemn11Y and hold the other party harmless from any Indebtedness encumbered by his or her vehicle, 3.9 In.lnalble Penonll Property. Each party shall retain sole and separate ownership of all Intanalble assets currently titled under his ar her separate name, to include, but not be limited to, bank accounts, certificates of deposit, stocks, bonds, accounts receivable, negotiable Instruments, brokerage "street" accaunts, mutual funds, and any and all other Intangible assets whatsoever. e# 9 , , ' Additionally. ownerahlp of two tlX-ITco municipal bond funds Identified II Vanguard Fund 77 and Vanauard Fund 42, which funds are jointly combined In account no. 9888800915. Ihall be transferred ta HUSBAND who ahall hereafter be and remain sole and ICparate owner afllld fundi and the CIIh and lCCuritlel contained In IBid accountl. 3.10 Buslne... WIFE lhall retain IOle and ICparate ownership of interest In the buslnw known u Country Heritl8e Wholesale Markets, Inc.. trading u Heritage Praductlons, Heritage Market of American Crafts, Heritage Market ofDlstlnguished Artisans. and Heritage Cub and Carry Wholesale Market. ARTICLE IV RELEASE OF SUPPORT AND ALIMONY FOR HUSBAND AND WIFE 4.1 The partlel herein acknowledge that by this Agreement they have been rclpectivcly accurcd and maintained a lubstantlal and adequate fund with which to provide themselves IUfficlent resources to provide for their comfort. maintenance and support in the ltatlon of life in which they arc accustomed. HUSBAND and WIFE do hereby waive, rcleuc and give up any rightl they may respectively have Isalnst the ather far alimony. alimony pendente lite, IUpport or maintenance. u HUSBAND and WIFE specifically waive, release and give up any rightl for alimony purluant to Chapter S of the Divorce Code. ~ 10 . , , \ ARTICLE V pEOTS OF THE PARTIES 5.1 Each pll1y represent. to the other that except u otherwise .peclfically set forth in thi. Aareement, there are no out.tandlng obligation. ofthe pll11e., that .Ince the separation neither pll1y hu contracted for any debll for which the other will be re.ponsible and each pll1y Indemnlfle. and hold. harm1el8 the other for all obligation. separately Incurred or u.umed under thi. Agreement. The pll1le. acknowledge that all loan., notes or other obligation. created under or pursuant to the Prenuptial Agreement between them dated AuSU.t 19, 1993, and all amendment. or addition. to laid loan., note. or other obligation., to the extent not already vaided or forgiven, are null and void ,b Initio and of no further force or elfect. ARTICLE VI MISCELLANEO\lS PROVISIONS li.l AdvIce or Coun.eI. The provision. ofthl. Agreement and their legal elfect have been funy explained to the pll1le. by their re.pectlve counsel. HUSBAND hu employed and had the benefit of Edward L. Schorpp, Esquire, and Maria P. Cognettl, Elljulre, u hi. attorney.. WIFE hu employed Luther E. M1lspaw, Jr" Esquire, u her attorney in coMectlon with thI. matter, Each pll1y acknowledges that he or she has received or has been advllCd to receive Independent legal advice from counsel of his or her selection and that each fully understand. the fact. and hu been fully informed as to his or her legal right. and obllgatlan. and each pll1y acknowledges and accepts that this Agreement Is, In the circumstances, filr and equitable, and th.tltl. 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 dure.. or undue (IJP II . . Influence, and that it II not the relult of any collullon or Improper or l11eSalqreement or qreementl. The respective partlel da hereby warrant, represent and declare and do acknowledse and aaree that each II and hu been fully and completely infonned of, and is familiar with and cosnJunt of, the wealth, real andlar personal praperty, estate and assels, eamlnss and Income of the ather as set forth in thll Agreement, and that each has made a full and complete disclosure to the other afhll and her entire usets and liabilities, and any further enumeration or statement thereof In thll Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 6.Z Counltl Feel. Each party a8l'ees ta be responsible for his or her own lepl feea and expenaellncurred Ilnce the date of the marriase, and each party hereby agreel ta waive any claim for alimony, alimony pendente lite, counsel fees, expenses or cost.. 6.3 Mutual Rete.leI and Walven. A, Except u provided for in this Agreement, HUSBAND and WIFE each forever release, remise, discharse and quitclaim the other and the estate ofthe other, for all time ta come and for all purpose. whataoever, from any action of any nature whataoever In law or In equity, and forever release, remise, dlscharse and quitclaim the other and the estate ohuch ather, for all time to come, and for all purposes whatsoever, of and from any and all riShts, titles, Intere.t., or claims In or asalnst the other, or In or to the real, personal and/or mixed property of the other (includlnslncome, appreciation, and saln from property hereafter accrulns), and all risht., title., intere.t and claims which he or she now has or ever may have in and/or to the ather'a e.tate, and 12 f/ each and every additional right, title, interest and claim he or she has or ever may have Illunst the other, hll or her heirs, executors, adminlstratorl, and pslgns, excepting only the obllgatlonl, rightl and claims Imposed or inuring to the benefit of either of the partlel by reuon ofthe tenul afthll Agreement. Each of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any af the rights relinquished under this Paragraph. B. It is further specifically understood and agreed by and between the partlel hereto that WIFE and HUSBAND accept the provisions made and set forth In thll Agreement by HUSBAND for WIFE and/or WIFE for HUSBAND, In lieu of and in full settlement and aatlsfactlon of any and all of WIFE'S rights against HUSBAND or HUSBAND'S rightllllalnst WIFE for any put, present and future claims on account of support and maintenance or any other right or Interest arlling out of the marriage, that It II Ipeclfica1ly underatood and agreed that the paymentl, tranlfers and other consideratlona herein recited 10 comprehend and discharge any and all such claims by WIFE against HUSBAND, and HUSBAND against WIFE, and are,lnter alia, in full settlement and satlsfactlon and in lieu of HUSBAND'S and WIFE'S put, present and future claims against each other on account of maintenance and support, alimony, and also alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever arising out of their marital relatlonshlp and/or pertaining to any divorce proceedings which have been or may be Instituted by WIFE In any Court in the Commonwealth of Pennsylvania or any other jurisdiction and/or allY divorce proceeding which may have been or may be Instituted by HUSBAND In the Court In the Commonwealth of ~ 13 Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses Incurred or to be chalSed by any counselor arislns in any maMer whatsoever, C. WIFE and HUSBAND agree that neither party may apply to any Court for a modlllcation of this Asreement, with respect to alimony, distributlon of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided In this Asreement,lt shall be the sole responsibility of WIFE and HUSBAND to sustain themselves without seekins any support from the other party from the date of the execution ofthls Agreement. In the event that either of the parties shall nevertheless seek such a modlllcatlon, that party shall Indemnify and hold the other party hannless from and asalnst any lall resultlns therefrom including attorneys' fees and costs. D, Release orreslamentan Rillhls. Except as provided for In this Asreement, each of the parties hereto shall have the riShtto dispose of his or her property by Last Will and Testament, or otherwise, and each of them agreeslhatthe estate of the other, whether real. personal or mixed, shall be and belong to the person or persons who would have become entltled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present ar future laws of any jurisdiction whatsoever and is Intended to confer third party benellclary rights upon the other heirs and benellciaries of each. Either party may, however, make such provision for the other as he or she may desire In and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled ta do so had ff 14 . . , I HUSBAND or WlFB died during the lifetime ofthe other; and thlt neither HUSBAND or WIFE will claim against or contest the Will and the estlte ofthe other, Bach ofthe partlea hereby releuea, relinquishes and waives any and all rights to Ict u executor or executrix or admlnistrltor or administratrix of the other party's estate. Bach of the parties hereta further covenants and qreea for hll1\IClf and heraelf and his or her heirs, executors, Idmlnistrltors and uslsns, thlt he ar she will never It any time hereafter sue the other party or his or her heirs, executors, administrators, or ualsns, for the purpose of enforcing any ofthe rights relinquished under this parqraph, B. Blch party releues the other party from any and all clalma under the Pre-Nuptial Agreement between them dated August 19, 1993, which Agreement i. null and void a\J..iDIliQ and of no further force or effect. U Warranties. Bach party represents that they hive not heretofare Incurred or contracted for any debt or liability or obligation for which the estlte of the other party may be reapona1ble or liable, except u may be provided for In this Agreement. Blch party agrees to IndemnifY ar hold the other party hannle.. from and Igalnst any and all such debts, liabilities or obligations of each ofthem, Including those for necessities, except for the obllgltlons arising out of this Agreement. HUSBAND and WIFE each warrant, covenant, represent and Igree that each will, now and It all time. hereafter, Slve hannle.. and keep the other Indemnified from all debts, charges, and liabilities Incurred by the other after the execution date ofthls Agreement, except u Is otherwise specifically provided for by the tenns ofthls Agreement, and that neither ofthcm hereafter Incur any liability whatsoever for which the estate ofthe other may be liable. p IS . , 6.S 1'io Onl Modlncallon. No waiver ar modification of any ofthe tenn. ofthl. Aarcemcnt IhaII be valid unle..in writlnlJ and .llJned by both partie., and na waiver of any breach hereof or defiult hereunder thall be deemed a waiver of any .ubaequent default of the lIIIIe or limilar nature. 6.6 COODentlon In Eucutlon or Document.. HUSBAND and WIFE covenant and qree that they will forthwith execute any and all wrillen Instrument., as.ijllll1ents, releases, IItlafactions, deeds, note. or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel thall mutually agree should be 10 executed In order ta earlY fully and effectively the tenns ofthls Agreement. 6.7 Penn'flvanla Law Shan Govern. ThI. Agreement .hall be construed In accordance with the law. of the Conunanwealth ofPeMsylvanla which are In effect as ofthe date ofcxecutlon of thl. Aarcement. 6.1 J)lndln. El1'ed. This Agreement shall be binding and shall inure to the benefit oflhe parties hereto and their respective heirs, executors, administrators, successars and assigns. 6.9 Entire Atreement. This Agreement constitutes the entire understanding ofthe parties and supersede. any and all prior agreements and negotiations between them. There are no representations ar warranties other than those expressly set forth herein. f 16 '. 6.10 Severabllltv. If any teon, condition, clausc, scctlon, or provision of this Agreement shall be detennlned or declared to be void o~ Invalid in law or otherwise, then only that teon, condition, clausc, or pravlslon shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operatlan. L1kewlsc, the failure of any party to meet his or her obligation under anyone or more of the Articles and Sections herein sha1l in no way void or alter the remaining obligations of the parties, 6.11 Equitable Distribution VoIder Divorce Code. It is specifically understoad and agreed that this Agreement constitutes an equitable distribution ofpropeny, both real and personal, which wu legally and beneficially acquired by HUSBAND and WIFE, or either af them, during the marrilfle, u contemplated by the Divorce Code ofthe Commonwealth ofPeMsylvania. 6.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all uscts prior to the execution of this Agreement. 6.13 Enrorceablllly and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any Independent action may be brought, either at law or In equity, to enforce the tenns ofthe Agreement by either HUSBAND or WIFE until It shall have been fully satisfied and perfonned. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties ta the ather. The 17 (jf . . , adequacy afthe consideration for all agreements herein contained Is stipulated, confessed Uld admitted by the parties, Uld the parties Intend to be legally bound hereby. 6.14 Amdlvlts or Con lent. In cOMection with the divorce action Instituted by HUSBAND, each party agrees to execute Uld deliver all documents, Including but not limited to Affidavits of Consent Uld Waivers of Notice, to HUSBAND'S counsel. Said documents shall be executed concurrently with the execution of this agreement and shall be promptly delivered to HUSBAND'S counsel to pennit the entry oft final decree In divorce. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (f~tI~~ Paul S. Oala. .k~ L ~L~/~u Oarbara L. Pitt, also known as Barban L. Oalas ef 18 , , COMMONWEALTH OF PENNSYLVANIA ) ) ss, COUNTY OF ) nthll,the~daYOf~ ,1997beforeme.~ the undcnlgncd officer, pcrlonally appeared LTC PAUL S. LA 0 to me or IItllfactorily proven to be the person whose name il sublCribed to the faregolnglnl ment and acknowledged that he executed the foregoing for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto act my hand and natarial seal, r Nollrlll Sial ~ Susan K. GUVlr, Notlry PubIO Carlislo UOIO. Cumbl lid Cou MV Comn"..lo" ~.plll~I, 4, ~ IIrnhllr. P~I,",.~I"'\4nll1 no COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~","' ) ) ss, ) ~ ~ ~ ~ On thll, the -1 ~.:.:..=.. day of u _'oJ' . 1997 before me, . \....6-, . Q..\\i\Q..~ the undenlgned officer, personally appeared BARBARA PrIT, alIo known .1 BARBARA L. BALAS, known to me or IItlsfactorily proven to be the person whose name Is aublCribed to the foregoing Instrument and acknowledged that she exccuted the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~ Notarial SaaI .lady M. RM.vI. Notary PuIlIlc Harrilburg. Dauphin Counly My Comml.slon expires Jan. 22. 2001 MllOber. P,nn'vlvinla Associ,lion Dr Nol.u.. 19 ',. 0' il' Lt: (~-: is u.rl en ,- ('v'. It~ .' 1-(- ...;: 1"__.:1 ~L \,,) '. " Jr. N 0:\; L , "'ij F I.. IL C;;; f.l~ ,... ..~ U 0' () 0"..,_",,, ;i",~.-,.~ I , I \ I PAUL S. BALAS, IN THE COURT OF COMMON PLEAS plaintiff OF CUMBERLAND COUNTY, I PENNSYLVANIA v. CIVIL ACTION - LAW BARBARA L. PITT, I NO. 95." if'! CIVIL TERM Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation with your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the prothonotary, First Floor, Cumberland county Court House, Carlisle, pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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 Fourth Floor cumberland county Court House Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200. \ I PAUL S. BALAS, I IN THE COURT OF COMMON PLEAS plaintiff I OF CUMBERLAND COUNTY, I PENNSYLVANIA v. I I CIVIL ACTION - LAW BARBARA L. PITT, I NO. 95 - ., V}"f CIVIL TERM Defendant I IN DIVORCE pOlll'LJ.IIl'l' III DIVORC. COUll'l' 1 DIVORC. 1. plaintiff is PAUL S. BALAS, who currently resides at Three Thornhill court, carlisle, cumberland county, pennsylvania, .ince December 15, 1994. 2. Defendant is BARBARA L. PITT, who currently resides at 833 Walnut Lane, carlisle, cumberland county, pennsylvania, since approximately March 31, 1994. 3. plaintiff and Defendant have been bona fide residents in the commonwealth for at least six months immediatelY previous to the filing of this complaint. 4. plaintiff and Defendant were married on August 20, 1993 in the post Chapel, U.S. Army War college, Carlisle, pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Alternatively, the Defendant has, over a period of time, offered such indignities to the person of plaintiff as to render his life burdensome and intolerable, and plaintiff is an injured and innocent spouse. \ I 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant absolutely. OOUII'1' n ZOUITABLI DISTRIBUTION 9. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from August 20, 1993, until they separated in late September, 1994. 10. Plaintiff and Defendant have incurred debt during their marriage. 11. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and the allocation of debt to the date of filing of this Answer. WHEREFORE, Plaintiff requests Your Honorable Court to equitably divide all marital property. OOUIlT In ALIMONY PINDIIlTI LITI 12. By reason of the conduct of Defendant, Plaintiff will be put to considerable expense in preparation for his case in the employment of counsel and the payment of costs. 13. Plaintiff is without adequate funds to support himself and to meet the costs and expenses of this litigation and is , \ I unable to maintain himself during the pendency of this action. 14. Plaintiff is currently unemployed. 15. Defendant has failed and refused to support Plaintiff since the parties separation. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of Alimony pendente Lite. OOmftIV aLIMONY 16. plaintiff lacks sufficient property to provide for his reasonable needs and is unable to support himself through appropriate employment. 17. plaintiff requires reasonable support/alimony to adequately maintain himself in accordance with the standard of living established during the marriage. 18. Defendant earns in excess of $100,000.00 per year. WHEREFORE, plaintiff requests Your Honorable Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COU~V COUNSIL .118 aND COSTS 19. Defendant is in control of sufficient jointly owned assets and other assets, and has sufficient means to pay for these proceedings. 20. Plaintiff does not have sufficient means to pay for these proceedings. WHEREFORE, Plaintiff prays Your Honorable court to enter an award of temporary counsel fees, costs and expenses, until final hearing, and thereupon award such additional counsel fees, costs and expense., as are deemed appropriatelY. LANDIS, BLACK' SCHORPP BY~~~ Edward L. Sc orp, squire Attorneys for plaintiff VIRIrICA'l'IOIl I verify that the statements made in this complaint are true and correct. I understand that falae statements herein are made subject to the penalties of 18 Pa. C.S. i 4904, relating to unsworn falsification to authorities. paugd~~.v ..UL .. ...,..., I I I I I I I I I I. ftl con' o. CQIIIIO. ILUI CUII1ID","Q coUlftY, .....YL'fUI. CIVIL .ctIOI - LaW ~. .._.... CIVIL ,... naiDun v. .,....... L. ,Ift, I. DIvoaCI DeraDllaDt TOI paul S. Bala. NOTICE you ara httreby notified to file a written re.pon.e to tha Anawer to coaplaint in Divorce, Naw Matter, and counterclaia within twenty (20) day. froa aarvice hereof or a default judqaent may be antared again.t you. ae.pactfully aubaitted BY L her . 130 state str et P.O. Box 9.6 Harriaburg, PA 17108-09.6 (717) 236-0781 Attorneya for Defendant Datel January 8, 1997 PAUL B. DALAB, I 1M TNI COURT or COKMON 'LIAS I CUMDIlRLMfD COUNTY, PllOI8YLVAIlIA Plaintiff I Y. I CIVIL ACTION - LA. I I MO. 15-4854 CIVIL TIRM BARBARA L. PITT, I I Defendant I 1M DIVORCS AHB.SR TO COMPLAINT IN DIVORCI AND NOW comes Defendant Barbara L. pitt by her attorneys, Milspaw (, Beshore and responds to the Complaint in Divor.ce as follows: COUNT I DIVORCI 1. Admi tted. 2. Admitted except that the Defendant is also known as Barbara L. Balas. 3. Admitted. 4. Admitted. 5. Admi tted. 6. Denied. The marriage is not irretrievably broken. 7. Denied. To the contrary, the plaintiff is not an innocent and injured spouse and has, from the beginning of the marriage, committed such indignities to the person of the Defendant as to render her life burdensome and life intolerable. B. No answer required. WHEREFORE, Defendant requests this Honorable Court to dismiss plaintiff's Complaint. COUNT II BOUITABLB DISTRIBUTION COUNT III ALIMONY PBNDINTI LITI COUNT IV ALIMONY 9.-20. COUNT V COUNSBL rBBS AND COSTS Denied. To the contrary, all property, whether real or personal, acquired legally or beneficially by the parties during the marriage, was acquired pursuant to the terms and conditions of a Prenuptial Agreement dated August 19, 1993, a true and correct copy of the original of which is appended hereto, incorporated herein and marked Exhibit "A" ("Prenuptial Agreement"). said Prenuptial Agreement has not been modified since its execution, and pursuant to its terms constitutes a Settlement Agreement between the parties as to all matters set forth therein, including inter AliA equitable distribution of marital property, support, maintenance or alimony, including temporary alimony, alimony pendente lite, permanent alimony, rehabilitative alimony, periodic alimony or lump sum alimony, attorney's fees and costs. WHEREFORE, Defendant requests this Honorable Court to dismiss with prejudice Counts II, III, IV and V of Plaintiff's Complaint in Divorce. 2 . HI. MATTIR 21. Paragraphs 1-20 are incorporated herein by reference as if set forth again in full. 22. The parties executed a prenuptial Agreement dated August 19, 1993, a true and correct copy of the original of which is appended hereto, incorporated herein and marked Exhibit "A" ("Prenuptial Agreement"). Sl1id Agreement has not been modified since its execution and remains enforceable according to its terms. 23. The Prenuptial Agreement governs inter A..l.iA all issues of equitable distribution, alimony pendente lite, alimony, and counsel fees and costs. WHEREFORE, Defendant requests this Honorable Court to dismiss Counts II (Equitable Distribution), III (Alimony Pendente Lite), IV (Alimony) and V (Counsel Fees and Costs) of Plaintiff's Complaint in Divorce. COUHTERCLAIM 24. Paragraphs 1-23 are incorporated herein by reference as if set forth again in full. 25. Paragraph 21 of the Prenuptial Agreement states: "Attorney's fees shall be awarded against any party challenging the validity of this agreement whether before or after death of either party and whether or not such challenge or claim is successful. II 26. Plaintiff has challenged the validity of the prenuptial Agreement and as a result Defendant is entitled to an award of attorney's fees. 3 WHEREFORE/ Defendant requests this Honorable Court to award her attorney'. fe... Respectfully submitted, January 6, 1997 By: L ther E. Milspaw, Attorney 1.0. No. 130 state street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Defendant 4 VBRIPICATION I, Luthar E. Mil.paw, Jr., E.quira, confira that I a. coun.al for tha Dafandant aarbara L. pitt, a/k/a aarbara L. aala., that tha Plaintiff i. currantly locatad out.ida tha juri.diction of thi. Honorabla Court: that a varification fro. plaintiff cannot be obtainad within tha ti.a allowad for tha filinq of thi. documentf and tharafora on tha ba.i. of tha inforaation provided to .a by plaintiff, I varify that tha .tata.ant. .ada in tha foralJoin., docuaant ara trua and correct. I undar.tand that fal.e .tata.ant. harain ara .ada .ubjact to tha Pa.C.S. S4904, ralatin., to un.worn fal.ific Datal January 6, 1997 PRBNUPTIAL AORBIHBNT THIS AGREEMENT is made and entered into on Auqust 19, 1993, by and between Paul S. Balas, SSN 200-01-2351, (hereinafter called "Paul"), and Barbara Pitt, SSN 538-34-8684 (hereinafter called "Barbara") . 1. MARRIAGE. The parties plan to marry each other. Each owns real and per.onal property and business intere.ts acquired before execution of this agreement and each intends to provide in this agreement for all of the real and personal property, busine.s intere.t., and other rights, (hereinarter "Property"), that may ari.e because of the contemplated marriage. 2. CONSIDERATION. The parties acknowledge that the provision. of this agreement are adequate consideration to support . the agreement, and each intends to be legally bound hereby. 3. PAUL'S PROPERTY. (a) Allor the property now owned or herearter acquired by Paul .hall remain his sole and separate property throughout the marriage, except as provided in this agreement. Barbara shall not claim or acquire any interest in any of Paul's property on account of increases in value during the marriage or for any reason. Paul reserves the right to make gifts to Barbara of property during the marriage, but girts shall not constitute an amendment to or other change in this agreement except as to such gifted property. (b) Allor the household goods and rurnishings which Paul shall bring to the marital residence, with the exception of those items which are separately listed as an Exhibit to this Agreement, .hall b. con.id.r.d a gift by Paul to Paul and Barbara .nd be h.ld a. joint owner. with right of .urvivorship. The prop.rty .epar.t.ly li.ted .hall be considered Paul's sep.rate property for purpo... of conveyance at such time as Paul deems appropriate to hi. .on John Thom.. Balas. 4. BARBARA'S PROPERTY. (a) All of the property now owned or hereafter acquired by Barb.ra .hall remain her .ole and separate property throughout the marri.g., .xc.pt a. provid.d in this agreement. Paul shall not claim or acquir. any int.rest in any of her property on account of incr..... in value during the marriage or for any r.a.on. Barb.ra re.arves the right to make gifts to Paul of property during the marri.ga, but the gifts shall not constitute an amendment to or oth.r ch.ng. in this agr.ement except a8 to .uch gifted property. (b) All of the household goods and furnishings which'Barbara .h.ll bring to the marital residence shall remain the separata property of Barbara and not be considered the joint property of the p.rtie., except for such items as shall be clearly gifted by Barbara to Paul in any separate writing dated hereafter. 5. CONTRIBUTIONS TO SEPARATE PROPERTY. No contributions of .ither party to the care, maintenance, improvement, custody or repair of the separate property ot the other party, whether such contribution be in the torm of money, property or personal services rendered, shall in any way alter or convert any such property, or any part or portion of said property, to other than separate property of the party. The parties further agree that any 2 . contributions rendered by either party to such care, maintenance, improvement, custody or repair ot the eeparate property ot the other party shall become part ot the separate property ot the party owning the aUected separate property without claim tor reiJDbur.ement. 6. JOINT PROPERTY. Ca) It the parties acquire property jointly, the property shall be held by them as provided in the instrument conveying or evidencing the title to the property, and except ae provided in this Agreement, if the instrument does not apacity otherwise, or if there i. no instrument, real property shall be held as a tenancy by the entirety, and pereonal property as joint owners with right ot survivorehip. upon the death ot the tirst party to die, the .urviving party shall become the sole owner of any such property with no duty to reimburse or otherwise compensate the aeceased party. In the event ot divorce, such property shall be divided between the parties on the basis at their respective contributions to the acquisition ot the same. Cb) Barbara pre.ently owns three parcels ot real estate: A condominium with an address ot 5 Garland Court, carlisle, cumberland County, Pennsylvania; a rental property with an addre.s ot south West Street, carlisl., Cumberland county, Pennsylvania, and a cottage located near Caladonia state Park in Green Township, Franklin county with an address ot 240 Perry Road, Fayetteville, Pennsylvania. Paul owns a condominium located at 23 cliUton Terrace, Carlisle, Cumberland county, Pennsylvania. It ie the 3 parties intention to liquidate their present real estate holdinqs and have purchased a new parcel of real estate located at BJJ Walnut Lane, Carlisle, Cumberland County, Pennsylvania for use as the marital rosidence. Said real estate is to be titled in Barbara's name alone so as to permit Barbara to take full advantaqe of the one time residential real estate capital gains exemption provisions of the Federal Internal Revenue Code. In order to obtain the funds to purchase her interest in the parcel, Paul shall loan Barbara the sum of $100,000.00 which will be represented by a separate note executed simultaneously with this Agreement, said note to be payable at such time as Barbara has sold SUfficient of her real e.tate holdings to redeem the note. The parties agree that upon the liquidation of their respective real estate holdings, the full amount of the proceeds of the sale of such real properti.. shall be deposited in either of two tax free municipal bond funds presently owned by PaUl, and identified as Vanguard Fund 77 and Vanquard Fund 42. Paul shall take all such actions as are nece.sary to convey full title and ownership of such funds from him alone to him and Barbara. In the event of Paul's death prior to the death of Barbara or in the event that there is a marriag~ dissolution as defined in paragraph 15 of this agreement, Paul's entire interest in the marital residence and the Vanguard Funds shall be the sole property of Barbara without any claim by any of the heirs or assigns of Paul. In the event of Barbara's death prior to the death of PaUl, Barbara's entire interest in the marital residence and in the 4 .uniot,p.l bond tundl .torelBid, al mealured by the respective p.rcent.q. at her contribution. to the marital residence purchase and the munioipal bond tunds, compared with the contribution of Paul, .hall be d..m.d her .eparate property. 7. DISPOSITION OF PROPERTY. Each party retains the .anaqe.ent and cantrol at the property belonging to that party and .ay .ncumber, .ell or di.po.e ot the property without the consent at the other party. Each party shall execute any instrument n.c....ry to .ttectuate thi. paragraph on the request of the other party. It either party doe. not join in or execute an instrument a. requir.d by thi. paragraph, the other party may sue for specific p.rform.nce or tor damaqes, reqardless of the doctrine of spousal iamunlty, and the dataulting party shall be responsible for the other party" co.t., expen.e. and attorney's fees. Thi. paragraph .hall not require a party to execute a promissory note or other .vidence ot debt tor the other party, but if such a note or other .vidence ia executed, the other party shall indemnify and hold harmle.. the party executlnq the note or other evidence of debt tram .ny clai.. or demands arising from the execution of the in.trument unle.. both parties own some interest in the asset .ecuring the debt. Execution at an instrument shall not give the party executing it any right or interest in the property of the party reque.ting execution. 8. ESTATE/DEATII. Except as provided to the contrary herein, each party consents that the estate of the other may be disposed of by will or codicil to the devisees of the other party or, in the 5 absence of a will, the estate of each party shall descend to the heirs of that party as if the marriage had not taken place. Each party waives "all rights" that the party would have as a surviving spouse in the estate of the other party under the laws of any juriadiction, including but not limited to: rights to act as personal representative; rights as intestate successor; rights as a pretermitted spouse; rights to homestead property; rights to exempt property; rights to family allowance; rights to take an elective share; rights to object or to avoid any charitable donation; right. to dower; rights to curtesy; rights to community property I rights to quasi-co\lUl\unity property; and rights to receive benefits under any will executed prior to this agreement. This waiver i. of all right. (of a surviving spouse) now existing, or that may hereafter be conferred on either party by any juriadiction, whether by statute, court decision or otherwiae. Each of the parties has an existing will that shall remain in effect, regardle.s of the marriage, until changed by that party. Neither party intend. by this agreement to limit or restrict the right to give or receive a testamentary gift from the other. Either of the parties may elect to make a gift to the other by will without invalidating this paragraph and may thereafter change or eliminate the gift by a codicil or another will without in any way affecting the continued effectiveness of this agreement. 9. NO TESTAMENTARY CONTEST. Neither party shall contest the validity of any will of the other party, inclUding any will existing as of the date of this agreement and any will that may 6 h.r.aft.r b. .ad., and .ach party .hall permit any .uch will of the oth.r party to be probated and letters of administration to i..u. ther.on. 10. DEBTS. Neither party .hall assume or become respon.ible for the paym.nt of any preexistinq debt. or obliqation. of the other party becau.e of the marriaqe. Neither party .hall do anythln9 that would cau.e the debt or obliqation of one of them to b. a Claim, d.mand, lien, or encumbrance aqainst the property of the oth.r party without the other party's written consent. If a d.bt or obli9atlon of one party is as.erted a. a claim or demand avain.t the prop.rty of the othsr without the written con..nt of the oth.r, the party who i. responsible for the debt or obliqation .han ind.mnify and hold the other party harmless from the claim or d..and, includinv the indemnified party's costs, expen.e. and attorn.y'. f.... 11. COUNSEL. Each party has had legal advice and an opportunity to consult independent counsel, understand. this aqr..m.nt and has been informed about the party's legal right. and obli9ation. under thia agreement or arisinq because of the cont.mplated marriaqe between the parties. 12. FINANCIAL DISCLOSURE. The parties have revealed to each other full financial information regarding the net worth, assets, holdinqa, income and liability of each. The parties have exchanged current financial information prior to the execution of this aqreement and each party has received a satisfactory disclosure of the financial condition of the other party. Each party recognizes 7 that the e.tate of the other may be increa.ed by rea.on of earning., investment. inheritances, gifts, etc., and each acknowledge. that he or she would make this agreement regardle.. of the value of .uch additions. 13. CHILDREN. Each party agrees that none of their children or grandchildren or any other individual shall live in the marital re.idence of the parties. 14 . BARBARA'S BUSINESS. Barbara currently conduct. a bu.ine.. out of her home and it is contemplated that this busine.. will continue to be operated out of the marital residence, and Paul con.ent. and agrees to the continuation of such an arrangement without the payment of any separate consideration therefore. 15. MARRIAGE DISSOLUTION. Except a. provided el.ewhere in this Agreement, in the event there should be a termination of the contemplated marriage by divorce, separation, annulment dis.olution or otherwi.e, or a marital separation, whether with or without cau.e or by mutual consent, the parties agree as follows: a. This agreement shall be construed as a settlement agreement in the event of a dissolution of the marriage of the partie. and shall not be subject to modification by the Unal judgment or thereafter. It is the expressed intent of both partie. that there be no modification of this agreement whatsoever (unless agreed to in writing by both parties) inclUding, but not limited to, any modification due to change or circumstances. In the event of any proceeding to terminate the contemplated marriage or otherwise create, extinguish or define the rights of the parties 8 with re.pect to the .ubject matter ot this agreement, both partie. .hall be obligated to introduce this agr.ement (or a true copy hereot) into evidence. b. The partie. each .hall retain their .eparate property and there .hall be no divbion or apportionment ot .uch property. Property owned a. joint tenant. with right ot lurvivor.hip or a. tenant. by the entiretie. Ihall be divided in proportion to the partie.' respective contributions thereto. All debt. and liabilitie. ree.onably related to the marriage relationlhip .hall be borne by the party re.ponsible there tor by law; and all other debts and liabilities shall be borne by the individual who incurred such debts and liabilities. Each party waives the right to claiml a epecial equity in the party's jointly owned property; a community property right; a quaei-community property right; and rights to an "equitable distribution" ot property as that term is used in the context ot a di..olution ot marriage. The waiver in this eubparaqraph includee all rights now existing and all that may hereatter be conterred on either Party by the laws ot any jurbdiction. c. To the extent allowed by law, each ot the parties hereby epecitically waive any obligation ot support, maintenance or alimony (whether temporary, pendente lite, permanent, rehabilitative, periodic, or lump sum) that either party may be entitled to trom the other as provided by law and each agrees not to institute any action at any time to secure such support, maintenance or alimony in any jurisdiction. This subparagraph 9 shall not be construed to prevent either trom voluntary contributing to the support ot the other, but it is intended categorically to rSlinquish any rights either may have or acquire tor support ot any kind trom the other. The waiver in this subparaqraph includes all rights now existing and all that may hereafter be conterred on either party by the laws ot any juriSdiction. d. Neither party shall have any claim against the other for attorney's te.s and expenses incurred in connection with said divorc., annulment, dissolution, or marital separation. .. To the extent that any court awards either party any sums to be paid by the other, the party in tavor ot whom the award is made separately agrees to indemnity, reimburse and hold harml.ss the party against whom such award is made tor the amount ot such award. This indemnity may be entorced in a separate action and, notwithstanding provisions herein to the contrary, such party shall also have a claim in the estate ot the party beneUts tor the amount ot the award plus legal interest plus attorney's tees. 16. SEVERABILITY. If part of this agreement is adjudged invalid, the remaining parts are not attected. 17. ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties and shall not be changed except in writing signed by the parties. No representation or agreement that is not incorporated in it is valid. 18. GOVERNING LAW. This agreement shall be governed by Pennsylvania law, whether either or both of the parties are 10 temporarilY or permanently rosiding or domiciled in any other jurisdiction, and thie agreement shall not in any way be attected or moditied because ot a change in residence or domicile of either party. 19. FURTHER ASSURANCES. Each party shall execute any instruments or documents at any time requested by the other party that are necessary or proper to etfectuate this agreement. 20. NO OTHER BENEFICIARY. No person shall have the right or cause of action arising or resulting from this agreement except those who are parties to it and their succe.sor. in intere.t. Furthermore, this agreement shall be binding upon the parUe. hereto, their successors in interest, heirs, devisees, distributees, assigns, guardians, and personal representatives. 21. ATTORNEY'S FEES. Attorney's tees shall be awarded aqain.t any party challenqing the validity ot this avreement whether before or atter death ot either party and whether or not .uch challenge or claim is successful. 22. SECTION TITLES. section titles are inserted as a matter of convenience, and shall not be interpreted to define, limit, extend, or describe the scope ot any provision ot this agreement. 23. OTHER ACKNOWLEDGMENTS. Each party acknowledges that he or she: (a) Has read this agreement in its entirety. (b) Has sufficiont knowledge of the character and possible value ot the property of the other. (c) Has been afforded acceBS to Buch financial information 11 rel.ting to the oth.r .s has r.asonably be.n requested. Cd) Has been fully advis.d by independent counsel, chosen by such party, concerning l.qal riqhts and obliq.Uons, inclucl1nq those which would oth.rwiee b. in .ffect b.tw..n the parti.s if thie .qr....nt w.r. not eign.d. C.) Has .nt.r.d into this agreement freely and willingly, without co.rcion or undue influence, and upon full and mature coneid.r.tion. IN WITNESS WHEREOF, each of the parU.. h.. eiqn.d this .qr....nt on the d.t. firet .bov. written, int.nding to be leq.lly bound her.by. (f) (i.0~' /1 1/ /i'li/.Ll~ ( J:.~ ~ARBARA PITT 12 ,. ~D - " . ' . '. .. .... .w ... THIS IS A LIST OF HOUSE HOLD ITEMS THAT JOHN THOMAS BALAS WOULD LIKE FROM PAUL S. BALAS' ESTATE 1. GRANDFATHER CLOCK 2. GOLD MANTAL CLOCK 3. CURIO CABINET WITH LIONS HEAD 4. MEISSEN A. VASE B. SOUP TUREEN. $500 VALUE C. PLATTER D. DISH E. PITCHER F. COCOA PITCHER G. SUGAR BOWL 3. SOAP STONE VASE WITH FLOWERS AND DRAGON b. OLD HAND IRON 7. HUMMELS A. GIRL WITH CHICKEN B. BOY WITH SHEEP C. CHIMNEY SWEEP D. BOV WITH BOOK BAG E. GIRL WITH BOOK BAG F. BOY ON ASHTRAV WITH BIRD 8. WOMAN WITH TWO DOGS WALKING 9. SPANISH DANCERS (MAN ~ WOMAN> 11). BALLERINA 11. MAN WITH WHITE HAT 12. WOMEN WITH BONNET 13. TWO SETS OF COUPLES DANCING 14. WEDGEWOOD A. TWO VASES B. TEAPOT C. THREE PITCHERS D. PLANTER F. SUGAR BOWL 15. CUT GLASS BOWL (BLUE t. CLEAR> 16. CUT GLASS VASE (PURPLE t. CLEAR) 17. CUT GLASS DECANTER (BLUE ~ CLEAR> 18. COFFEE TABLE. WITH IN LAID WOOD CASTLE 19. END TABLES. WITH IN LAID WOOD MAN ~ WOMAN . TWO TABLES 2(1. THKEt:: I NLA I 0 WOOD F' I CTURES OF THE C I T'/ OF ROTTENBURG ~ AND ONE' Ii'IL~\tD WOOD PICTURE OF A WATER MILL IN WINTER 21. MILLITAR\ BEER STEIN. NINE STEINS 22. BEER STEINS. TWO GTE INS ..:::Z. HU~IGAR II~N URNS ROSE COLORED, nom URNS 24. JOHN PEEL PITCHER (HUNTING SCENE) 25. DELFT PITCHER 26. MARBLE TOPPED TABLE. 1850 M{ GRANDPARENTS '~'l. ~HRRon FPiloME W H(')LL 28. I'OSE::NTHIC,L r.ll.IDE Wor'1~I'1 '2'9. n.v BOWL ':.(1. fF:ENCH PLATTERS. .]UHr,I',;.,ON t,h01HEfi, (1Ol_D 11-11M ::U:.T1ERS, fWO ~l. DOGWOOD PLATE EXllIBIT A .' ..' . . .. .' . " .~. , ... 32. ROSENTHAL PLATE' 33. VINE PLATE . 34. FRIAR BOOK ENDS, TWO ONE HOLDING BOOK OTHER A VESSEL 35. NORMAN ROCKWELL PLATES, FOUR PLATES 36. SHEEP HERDER PICTURE, OIL PAINTING 37. TOWN BY RIVER WITH BRIDGE, OIL PAINTING 38. MOUNTAIN BUILDING, TWO OIL PAINTING 39. DEACONS BENCH, ABOUT 1890 40. CHERRY BEDROOM SET USED BY MY PARENTS, FIVE PIECES 41. CEDAR CHEST 42. SNOW SCENE COUNTRY ESTATE, OIL PAINTING 43. OAK CHAIRS, BLACK WITH GOLD AND SILVER TRIM, THREE 44. THISTLE PATTERN UMBRELLA VASE 45. FATHERS DESK 46. WOODEN PLATES WITH CHURCH PAINTED IN CENTER, TWO PLATES 47. MOTHER'S ALUMINUM ROUND TRAY 48. INNSBRDOK BELL ON WOODEN SUPPORT 49. BOOKCASES, DARK FINISH, TWO CASES SO. KITCHEN TABLE AND CHAIRS 51. SMALL BOOK CASE WITH IN LAID WOOD, REFINISHED BY FATHER 52. OIL PAINTING OF ZION, PAINTED BY TOM BALAS ~-J F:. t.1t ...:, jf'r/rt. P.M ..,h.. ",. tIt..., ,), .,cl Ls.. .1.. t"' Nte . STATE OF PENNSYLVANIA COUNTY OF DAUPHIN . . SS I On thie, the ~ day of August, 1993 before me, the undereigned officer, personally appeared PAUL S. BALAS and BARBARA PITT, known to me to be the persons whose names are subscribed to the foregoing inetrument and acknowledged that they executed the foregoing for the purpoee therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial .eal. rMv..li ' Notary Public , I "'M.l:~" "'"'iiiIo ~NIIl ~CcllmlIIIbi~OlI.~ I . . ..IL .. ......., I I. .,.. COD' or ~ .LIU I CUIIIJnlw,a.-o CODlft'Y, .....YLVUI. 'idatiff I v. I CIVIL &cIIOI - La. I I .0. ..-.... CIVIL ,... .J...~.. L. 'In, I I DefaDelaat I I. DIVoaC. aalfl.laa... a. ...vla. I hereby certify th.t on foreCJoing An.w.r to Co.plaint J.nu.ry ~ '11997, . copy of the in Divorc. with N.w M.tt.r .nd countarolai. wa. ..rved on Pl.intiff'. .ttorney by U.S. .ail, fir.t ola.., po.tag. pr.paid, and .ddr....d .. follow. I Edward L. Sohorpp, I.quir. Landi., Blaok , Sohorpp 36 South Hanov.r Str..t c.rli.l., PA 17013 '1 January""'; 1997 rt;' Lut ar a , Jr., I.quir. nUL .. IALA', I I. THI COURT or COMMON 'LIA' I CUKBIRLMlD COUdY, .lllIllYLVAIllA Jldntiff I v. I CIVIL ACTION - LAW I I MO. Ill-tnt CIVIL 'IU BARBARA L. .ITT, I I Def8n4ant I IN DIVORCI PRAICIPI roa IMTRY or APPI~C' TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspav, Jr., Esquire, as counsel for the Defendant in the captioned divorce action. Respeotfully submitted, DATE I september 28, 1995 squire BYI L e . ilspav, Attorney 1.0. No. 130 state street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Defendant en ....., It V1 ~~ - :I:t: ," 0.- ',.J~. ..-I' ..-I ('') ArrIDAVIT or SIRVICI COMMONWEALTH OF PENNSYLVANIA ) : ss. COUNTY OF CUMBERLAND AND NOW, this ) ?~ day of c:;::JC~~ 1995, I, Edward L. Schorpp, Esquire, attorney for Paul S. Balas, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce in the above- captioned matter, with Notice to Defend and Claim Rights, upon Barbara L. Pitt, the Defendant, at her resid6nce at 833 Walnut Lane, carlisle, Pennsylvania 17013, by depositing same in the U. s. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on September 28, 1995, indicating service wa. effected, is marked Exhibit "A," attached hereto and made a part hereof. LANDIS, BLACK' SCHORPP By ~~~ Edward L. Schorpp, sq. Attorneys for Plaintiff sw~~andd:~b~~rib~~e me,t~~;5 Public Nolarial I 'Susan K. Guyor. Isry Pu 0 Carlisi. BOlO. Cumberlend County My Commission ~'pllo. Sept. 4. ISOO .m If. /111$)' VoIllIil ~~U\.13 Ion u 0 ollll!li Notary I!IXHIBIT A PAUL S, BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW NO, 95-4854 CIVIL TERM IN DIVORCE v, BARBARA L, Plrr, Defendant AFFIDAVIT OF CONSENt I. A Camplalntln Divorce under fi 3301(c) of the Divorce Code was filed an September 12, 1995, 2, The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint, 3, I consentta the entry of a final decree of divorce, 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees ar expenses If Ida nat claim them befare a dlvarce Is granted, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 133011c\ OF THE DIVORCE CODE I. I consentta the entry of a final decree of divorce wlthaut natlce, 2. I understand that I may lose rights concerning alimony, dlvlslan of property, lawyers fees or expenses If I da not claim them before a divarce Is granted. 3. I understand that I will nat be divorced until a dlvarce decree Is entered by the Court and that a copy af the decree will be sent to me Immediately aftcr It Is filed with the prothonotary , I verify that the statements made In this affidavit and waiver are true and correct. I understand thai false statements herein are made subject 10 the penalties of 18 Pa, C.S, fi4904 relating la unsworn falsification ta autharltles. Date: /0/-3-97 ~<t~~~A. Paul S, Balas, Plaintiff ..... ~ I+~l UJ~- ~ "', ..._~ f __. lJ_ " lJ-r- C)( , , f' 0, Lf;t- U\ I. l!.... U ,"I ,..... r.. '." ~ :'j. .. - " '. '" , ',.I (l. !'.; ctl - J;.':. ..':(~ 1';'" .j '-) t' l:.: c:;:.. r:: " PAUL S. BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, BARBARA L, PIIT, Defendant NO, 95-4854 CIVIL TERM IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under fi 3301(c) of the Divorce Code was filed an September 12, 1995, I acknowledge receiving a true and correct copy af the Divarce Camplaint, said capy being served upon me by Certified Mall, Restricted Delivery, an September 28, 1995, 2. The marriage of Plaintiff and Defendant Is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I cansent to the entry of a final decree af divarce, 4, I understand that I may lose rights concerning alimony, division af praperty, lawyer's fees or expenses if I da not claim them before a divorce is granted, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13~l(c) OF TilE DIVORCE CODE I, I cansent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses If I do not claim them before a divorce is granted. 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 wlll be sent to me immediately after it Is filed with the prothanotury , I verify that the statements made in this affidavit and waiver are true and correct. I understand thaI false stalements herein are made subjecllo the penalties of 18 Po. C.S. 04904 relating to unswom falsification to authorities. Date: I z./d7/ '1 7 ~./-'A J~ ( Burbara L. Pill, Defendant :. \:1) " "", \ . .. " 1.- r ).~. (.~\, , " .. J" ~i ~ ,-:1 C " " ,', r, t. , t;., I" r- l . C' PAUL S. BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW BARBARA L, pm, Defendant NO, 95-4854 CIVIL TERM IN DIVORCE rRAECIPE To the Prothonotaryl Counts II, III, IV and V af Plaintiffs Carnplaint are hereby withdrawn. To Lawrence E, Welker, Prothanotary Date: /p,,;l2.&J? B~~~ Edward L, Schorpp, Esquire Attorney for Plaintiff .,- ()\ t-.-; LJ: ..:: .. i .. ~-, ,". t.iI I"'" ) (): i I: ~,. t . ~ 9: ~ "f , (...l , ''l ; UI" ( "'I' i L:l' [. , Li- r.'. C-;:; IJ, r- ::.1 C) (J' '.J . - __ 1 PAUL S. BALAS, IN mE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . I I I I I I Plalatlff CIVIL AcrlON . LAW v. NO. 95-4154 CIVIL TERM IIARIIARA L. PIlT, Dereadaat IN DIVORCE PRAECIPE TO PllomONOT AllY: Pleue withdraw and discontinue Count. II, III. IV, and V In Defendant'. Anawor to Complaint In Divorce, and withdraw Defendant'. Counterclaim In u1d divorce action, Reapec:tlllUy IUbmltted, Date: Dec:omber IB, 1997 By: lAIthor E. MU Attorney 1.0, No, 130 Stlte Street P,O. Box 946 Harriabura. PA 17I0B (717) 236-07BI Attorney. for Defendant . . ' I PAUL S. BALAS, I IN THE COURT or COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA PIIllltlll' I v. I CIVILACI10N.LAW I I NO. '5-4154 CIVIL TERM BARBARA L. pm, I I Dereadaat I IN DIVORCE CERTIFICATE or SERVICE I hereby certIJY that on December IB, 1997. a copy orthe document wu HrVed on Plalntltrllttomey by U.S. mall, firat e1U1, po....' prepaid, and addreued u foIIowa: Edward L, Schorpp, Elqulre 127 Welt HIah Street CarI1a1c, P A 17013 Dale: December 18, 1997 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 9S-48S4 CIVIL TERM IN DIVORCE PAUL S, BALAS, Plaintiff BARBARA L, PITT, Defendant AND NOW, Paul S, Balas, by his attorneys, Landis, Black & Schorpp, responds ta Defendant's petition as fallows: I, Admitted. 2, Admitted, 3, Admitted, 4, Admitted in part and denied in part. It is admitted that the parties executed a document entitled Prenuptial Agreement dated August 19, 1993. Whether or not said document canstitutes a settlement agreement between the parties is a conclusion of law requiring no answer. Whether or nat said document has been madified and/or remains enforceable is a conclusion aflaw requiring no answer, It is admitted that a true copy of the agreement is appended to Plaintiff's petition. By way of further answer, it is denied that said agreement effectuates a complete settlement of all of either party's rights to equitable distribution of assets. On the contrary, Plaintiff has filed a petition for the appointment of a Master to detennine the equitable distribution of remaining assets, and, in particular, husband's military pension. S, Admitted. By way offurther answer, to date Plaintiff has made no challenge to the validity and/ar enforceability of said agreement and it would be premature for this Court to allaw discavery in connectian therewith until such time u PlaintitThu raised the issue u to the agreement's validity by way afpetitian ar otherwise, 6, Admitted in part and denied in part, It is admitted that the dacument was served on or about January 21, 1997. Whether ar nat Defendant will be aided in the preparatian of her case is a canclusion requiring na answer. By way offurther ll/Iswer, PlaintitT hu not, ta date, filed a challenge to the validity af said agreement, Therefore, it is premature to suggest that a lengthy hearing wauld be required, or that discovery is necessary with respect to the issue of the validity af the agreement. By way af further answer, PlaintitThu filed, or will be shartly filing, a petition for appaintment ofa Master solely with respect to his claim far equitable distribution af certain praperty, the rights to which are not encompassed by the agreement attached ta PlaintiWs petitian, even ifsaid agreement should be found to be enforceable and valid or, altemately shauld PlalntitTnat contest its validity, WHEREFORE, PlaintitTrespectfully requests that the Court deny Defendant's petition, Respectfully submitted, LANDIS, BLACK & SCHORPP By: ~:;;,"r~~ Edward L. Schorpp, Esqu' e Attorney for PlaintitT ~ I verify that the statements cantained herein are true and correct. I undcntand that false statements herein are made subject ta the penalties of 18 Pa.C,S,A, 14904, relating to Wlswom falsification to authorities, 01u~~dru- Paul S, Balas Dated: q~ '97 PAUL S. BALAS, Plaintiff v. I I I I I I I IN THB COURT OF COMMON PLBAS OF CUMBBRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA L. PITT, Defendant NO. 95-4854 CIVIL TBRM AND NOW, ORDBR OF COURT thil 21i1Lday of February, 1997, upon conlideration of Plaintiff's Motion for Protective Order based upon the argument that caurt approval is requirod for discovery of the type lought by Defendant in this divorce action under Pennlylvania Rule of Civil Procedure 1920.22(a), and it appearing that Defendant has now filed a Petition for Additional Discovery pursuant to Rule 1920.22(a), Defendant's motion for a protective order is DBBMED MOOT and the discovery sought by Defendant is STAYBD pending a ruling on Defendant's Petition for Additional Dilcovery. BY THB COURT, 'tJ/o J "'..1oY ~r, Bdward L. Schorpp, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Luther B. Milspaw, Jr., Esq. 130 State Street P.O. Box 946 Harrisburg, PA 17108 Attorney for Defendant r~~~f)'~~~( .;1/~&-I'1? --u~. 9. Irc \,'t.'."."..... r,! '," . "\ 'j::- ~,V].I ,., '\!,"1 U..". '7 I t I .. ,"J '[,0 j:~1 U;; ~,:.ij Lb ),LV.L'", ' ' j~i]~:'6:Qj-(j' ~ ~'U PAUL S, BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW NO, 95-4854 CIVIL TERM IN DIVORCE v. BARBARA L, PITI, Defendant ~ 21. The avennents ofPlaintitrs camplaint are incarporated herein by reference u if fully set farth, 22, Denied. Although the Rules of Civil Procedure do not pennit pleading under the category of new matter, the Plaintiff nevertheless answers this paragraph, It is admitted that Plaintiff signed a document entitled Prenuptial Agreement which wu dated August 19, 1993. It is denied that said document is a valid and enfarceable agreement. To the contrary, Plaintiff avers that the same is invalid, Additianally, Plaintift's avennents are conclusions of law requiring no answer, 23. Denied. The avennents of paragraph 22, of this Reply are incorparated herein by reference as if fully set forth. WIIEREFORE, Plaintiff demands that Defendant's new matter be dismissed - . ~~'",_'4A':t,~~-~::t'!~;''''-'-~'i:'~4'3:~';?-';:;'~ . ~ _~..-o__c.-." ~ 24, parqraphsl. through 20, afPlaintitrs complaint and paragraphs 21. through 23, of this reply are incorporated herein by reference II if fully set forth. 25,.26, The averments of these parqraphs are deemed denied pursuant to Pa,R,C,P. No, 1920,15(b), WHEREFORE, Plaintiff demands that Defendant's cOWlterclaim be dismissed, Respectfully submitted, LANDIS, BLACK & SCHORPP BY:~~~' Edward L. Schorpp, Eaqu Attorney for Plaintiff 36 South Hanover Street Carlisle, PeMsylvania17013 (717) 243.3727 1.0. No. 17495 I verify that the statements contained herein are true and correct, I ~ undentand that Calae statements herein arc made subject ta the penalties of 18 Pa,C.S.A. 14904, relatins ta unsworn falsification to authorities. (j)~~d~ Paul S. Balas 1'1 Jt>-+-v. /1((7 v. IN THE COURT OF COMMON PLEAS OF CUMOERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW PAUL S, OALAS, Plaintiff OARBARA L, PIIT, Defendant NO, 9.5-48.54 CIVIL TERM IN DIVORCE Plaintiff Paul S, Balas answers the motian of Defendant for a protective arder as fallows: I. Admitted, 2, Admitted, 3, Admitted, 4, Admitted in part and denied in part, It is admitted that Plaintiff signed the document attached to Defendant's motian as Exhibit "0", It is denied that the document constitutes a settlement agreement IlS alleged, To the contrlll}', this avennent is a conclusion of law requiring no answer, It is admitted that na document has been executed by way afmodification to the dacument attached as Exhibit "0", As is set forth in paragraph .5, herein, il is denied that said agreement is naw, or ever has been, enforceable according to its lenns; Defendant's averments ta the canlrlll}' are conclusians oflaw requiring na answer herein, S. Denied. The averments afthis paragraph are conclusions of law requiring na answer, Oy way af specific answer, il is denied Ihat Plaintiff is precluded by raising any claims set forth In his camplalnt. It Is denied that the answen to the PlalntiWs interrogataries are not relevant or material to any outstanding Issues between the parties, It Is further denied that any unreasanable annoyance, burden and expense ta the Defendant would be caused should she be required ta answer the same. By way of further answer. Plaintiff aven as follows: A, Punuant ta Pa.R.C.P, No, 1920.22(b). any party may serve upon any other party as of coune Interrogataries related to claims made for a1lmany or the detenninatian and distribution af property rights, Plaintiff has set forth such claims In his complaint; hence, discovery by written interrogatories is permitted by right. B. Plaintiff has the right to challenge the enfarceablllty and validity af the prenuptial agreement In the Instant divorce proceedings. Canncts procured through fnud, mlsrepresentatlan or duress may be rendered Invalid, Simeone v. Simeone, 525 Pa, 392, 581 A,2d 162 (1990). Addltianally, with respect ta prenuptial agreements our Caurts have steadfastly adhered to the long-standing principle that a full and fair disclosure of the financial positions of the parties at the time of entry into the contract Is required, Simeone, at 402-03, 581 A.2d at 166-167, See also Mormello v. Mormello, Pa. Super ,682 A.2d 824, 827 (1996), Therefore, Plaintiff Is fully authorized under the Appellate declslans of this Commonwealth and the Rules af CIvil Procedure to pursue discovery which ,.-,..",,",-,~ _,..,,-,..."C_=..... -. ,... -- ,,.- ',' ~-"",,~ -;-.,~;".. O:':~>:"-,:!"O,:...:;:B-~'~ " may reveal misrepresentation, duress, fraud ar lack offull and fair disclosure of the financial positian of Defendant at the time of the parties' entJy into the prenuptial agreement. Should the same be declared invalid, Plaintiff is further entitled to discovery with respect to Defendant's acquisitian of I&sets and the extent of her incame during the period afthe marriage, C. Paragraph 21. afthe alleged prenuptial agreement states as follows: 21, Attorney's fees, Attorney's fees shall be awarded against any party challenging the validity af this agreement whether before or after death af either party and whether or nat such challenge or claim is successful. Shauld Your Honorable Court ultimately declare the prenuptial agreement ta be valid, Plalntiffrons the risk of bearing the expense of Defendant's counsel fees with respect to his challenge. Tberefare, in the interest of justice, Plaintiff shauld be entitled ta ascertain all facts relevant to the inquiry of the validity af the prenuptial agreement in order ta make a full and infanned decision 1& to whether or not to challenge the enforceability af said agreement. D. The number and scope af interrogatories served upon Defendant are well within that pennitted under the Pennsylvania of Civil Procedure and Local Rules of Court. Therefare, should Defendant be ordered ta answer the same, she would not be caused any annoyance, burden or expense in excess af, or different from, that af any other divorce litigant. E. Defendant's motion for protective order includes variaus avennents of fact and the same are nat verified by Defendant pursuant to the Rules of Civil Procedure, WHEREFORE, Plalntiffrequests this Honorable Court ta deny Defendant's motion for a protective order and to order Defendant to answer the interrogatories within thirty (30) days of the date of such order, Respectfully submitted, LANDIS, BLACK & SCHORPP BY'~~~ Edward L. Sc arpp, Esquire Attorney for Plaintiff 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-3727 1.0, Na, 17495 ~ I verifY that the .tatements contained herein arc true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S.A, '4904, relatins to unsworn falsification to authorities. ~~ Paul S, Bala. Dated: 17 ~fo1/ jl/t:} 7 tAUL .. BALAS, I IN TIS COURT or COKNOK PLIAS plaintiff I CUKBIRLaHD COUNTY, PIKHSYLVaKIA I v. I CIVIL ACTION - LaW I IMlBUA L. PITT, I NO. 15-4854 CIVIL TaRH Defendant I IN DIVORCE AND NOW, this ORDIR day of January, 1997, upon presentation and consideration of the within Motion, it is ordered that Defendant's Motion for Protective Order is hereby granted and it is held and ordered that Defendant is not required to answer and is hereby excused from answering Plaintiff's Interrogatories. BlI THE COURT: J. f,\llM\DOM\PITT\PRDTlCTI,ORD l'AUL .. B1LaS, I IN THI COURT or COKKOM l'LIAS l'laintiU I CUMBIRLAMD COUNTY, l'1"SYLVaHIl I v. I CIVIL ACTION - LaW I BARBaRa L. l'ITT, I NO. 911-4854 CIVIL TllUI Dafanl'lant I IN DIVORCI t r I i I RULI TO SHaw c~USB AND NOW this ~ day of January, 1997, a Rule is issued upon plaintiff to show cause whY Defendant's Motion for protective order should not be granted. Rule returnable twenty (20) days from date of service. All discovery stayed meanwhile. BY THE COURTl J. , I \LEM\DlllI\P1 TT\PROlrel I.ORD ., Fll.m ,OFFICE C,.~,.., 1'--'l'r",-,'['ny ~Il' : r' ; ,', ,I I "'.:\ lJ'/ .'t.!I-~ fi:i 9: S5 ell"'" ,,', 1l'_i..1 .1. _ H '.H ,1,1, ".1 I FENNJ I'L'.-~ \J~:/, 1'9.~). /,9.91 . '~4 . ~~~~~ '~ 74~ /t~ ~dj ~ PAUL B. BALAS, I IN THB COURT or CONHON PLIAB plaintiff I CUNBIRLANDCOUHTY, PINHSYLVAHIA I v. I CIVIL ACTION - LAW I BARBARA L. PITT, I NO. 95-4854 CIVIL TIRH Defendant I IN DIVORCI DlrINDANT'8 NOTION FOR PROTBCTIVI ORDIR Defendant Barbara L. pitt pursuant to Pa.R.C.P. 4012, moves for the entry of a Protective order, and sets forth the following in support thereof: 1. On september 12, 1995, plaintiff filed a Complaint in Divorce raising claims for equitable distribution, alimony pendente lite, alimony, and counsel fees and costs. 2. On or about January 6, 1997, Defendant filed an Answer to Plaintiff's complaint in Divorce. 3. On or about December 27, 1996, Plaintiff served on Defendant Interrogatories addressed to her requesting, inter alia, information concerning her income and expenses; the extent of her assets; any life insurance policies, annuity or medical policy; persons to whom she has given or lent money in excess of five hundred dollars ($500.00) per gift or loan for the year 1993 to date; outstanding obligations; debts owed to her by any individual, corporation, partnership or any other entity; and safe deposit boxes, vaults, safes, storage facilities or other places of deposit and/ or safekeeping. Plaintiff also requested a complete copy of ,,\LfM\OOM\P'TT\PAOTfCTI.ORO all federal income tax returns or amended returns or notices which you have filed for the years 1992 to 1996 with all accompanying schedules and documentation. A true and correct copy of Plaintiff's Interrogatories Addressed to Defendant is appended hereto, incorporated herein and marked Exhibit "A". 4. The parties executed a Prenuptial Agreement, dated August 19, 1993. The Prenuptial Agreement, pursuant to its terms, constitutes a Settlement Agreement between the parties as to all matters set forth therein, including, but not limited to, equitable distribution of marital property, support, maintenance or alimony (including temporary alimony, alimony pendente lite, permanent alimony, rehabilitative alimony, periodic alimony or lump sum alimony) and counsel fees and costs. Said Agreement has not been modified since its execution and remains enforceable according to its terms. A true and correct copy of the original prenuptial Agreement is appended hereto, incorporated herein and marked Exhibit "B". 5. The Plaintiff is precluded by the aforementioned Prenuptial Agreement from raising claims for equitable distribution, alimony pendente lite, alimony, and counsel fees and costs and consequently the answers to Plaintiff's Interrogatories Addressed to Defendant are not relevant and/or material to any issue outstanding between the parties. Additionally, the answering of Plaintiff's Interrogatories is unfair and would cause ,,\LEHIDOH\Plll\PADIECII,ORO 2 unreasonable annoyance, burden and expense to the Defendant. WHEREFORE, it is requeeted that this Honorable Court enter a Protective Order in favor of Defendant holding and ordering that Defendant is not required to answer and is hereby excused from answering Plaintiff's Interrogatories. Respectfully submitted, Date I January 6, 1997 BYI Luther E. Hi spaw, J Attorney 1.0. No. 19 130 state street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 quire Attorneys for Defendant fl\lEM\DOM\Plll\PRD1EC1I,OAD 3 -~...,...,~.. r documents tangible or retrievable of any kind, "Documents" alsa include any preliminary notices and drafts of all the faregaing, in whatever fonn, far example; printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motian picture film, phonagraph recards, or other fonn, (B) With respect ta documents, the tenn "identifY" means ta give the date, title, author and addressee, "IdentifY", with respect to documents, further means: (i) To describe a document sufficiently well ta enable the interrogator to know what such dacument is and to rebieve it from a file or wherever it may be located, (ii) To describe it in a manner suitable far use as a description in a subpoena. (m) To give the name, address, pasition, or title of the persan(s) who has custody afthe document andlar copies thereof. (e) "IdentifY" when used in reference to an individual means: (i) To state hislher full name, (ii) Present resident address ar last known residence. (Ui) Present or last knawn business address, (iv) Present employer ar last known emplayer, (v) Whether ever employed by any party to this act ian, and if sa, the dates he/she was employed by such party, the name af such party, and the last pashian held as an employee of such party. 2 (D) Whenever the expression "and/or" is used in these interrogataries, the infannation called far shauld be set aut bath in the conjunctive and disjunctive; and wherever the infannatian is set out in the disjunctive, it should be given separately for each and every element sought. (E) Whenever a date, amount, ar ather computation or figure is requested, the exact date, amount, or ather computatian ar figure is to be given unless it is not known; and then, the appraximate date, amount, ar ather computatian or figure shauld be given, ar the best estimate thereof, and the answer shall state thDtthe date, amount, or other camputatian or figure is an estimate ar approximation. (F) No answer is ta be left blank. If the answer to an interrogatary or subparagraph afan interrogatory is "none" or "unknawn", such statement must be written in the answer, If the questian is inapplicable, "N/A" must be written in the answer, Ifan answer is omitted because of the claim of privilege. the basis of privilege is to be stDted. (0) These interrogatories are continuing, and any infannation secured subsequent to the filing of your answers which would have been included in the answers had it been known ar available, are ta be supplied by supplemental answers. (H) Hereinafter, wherever stated, the date of marriage is considered to be August 20, 1993, and the date of separation is considercd to be September 27, 1994, The subject mailer of these proceedings is the abovc-calltioned pending divorce. 3 LANDIS, BLACK & SCHORPP It is hereby certified that the ariginal and twa copies af these Interrogatories were delivered to Luther E, Milspaw, Sr" Esquire, counsel for Defendant on this date by the undersigned, Dated: ~Y~l ~-R P1? I~ J~4~~ Edward L. Schorpp, squire Altameys far Plaintiff 4 It Is hereby certified that the oriSinal and twa caples of these Interragatories were delivered to Luther E. Mllspaw, Jr" Esquire. caunsel far Defendant on this date by the undenlsned, LANDIS. BLACK & SCHORPP Dated: ClIY",;J~R;;q I~ -~~~ Edward L, Schorpp, squire Attorneys for Plaintiff 4 MmYJm: 1. State your date of birth, your date of separation from your spouse, Paul S. Balas. and your Social Security number. ~: 2. State your present permanent address and residence. If you reside any place In addition, give address, city and state. 3. For the premises at the present address where you are actually residing, set forth the names of all persons residing with you, the owner of the premises, and, if leased, the amount of rent on a yearly and monthly basis. ~: 4. State your occupations and the names and addresses of all employers, including IClf-employment, from January I. 1993 through the present. If you are or were employed by a corporation, please state whether you arc now or ever have been an officer. director or stockholder of that corporation. ~: s 5. Please state the position you currently hold with your employer, how long so employed and whether you have entered into any written employment agreement with your employer. If you have or have had a written employment agreement within the last five years, attach a copy of the agreement and/or agreements. ~: 6. Please state your current salary and/or self-employment income and your salary and/or self-employment income for the last five years, including the gross pay/income received. the deductions from gross salary/income and the net salary/income received. Include any bonuses received by you from your employer in the past five calendar years or any travc\ or business expense allowance received or any business or personal expenses paid on your behalf by your employer or self-employment during the last five years. ~: 7. For the past five years, have you participated in any retirement, pension plan, profit sharing plan, stock option or other bonus or deferred income plan? ANSW~: 6 a. Ifso, state type of plan, amounts, nature and extent of such Interests, including date of issuance of your interest, and attach a copy of any plan, whether it be retirement, pension, profit sharing, or any other deferred plan. State name, exact title and address of Plan Administrator and any identifying account or plan number for your interest in the plan. ~: b. If such plan is through your employer, state date of hire, your current interest in such pension plan, contributions by you, contributions by your employer, your current vested or unvested rights in such plan and the values as of the date of separation. ~: c. IdentifY any other pension or profit-sharing plans or retirement accounts in which you have an interest, and, If the plan(s) or statement(s) is (are) available, attach a copy of the same. ~: 8. List by address and legal description, giving city, county and state, all real property held by you in your name alone, or jointly with another person; and for each 7 such property, indicate date ofacquisitlon, purchase price, date and place ofrecording, your best estimate of market value, presently, or, if sold, value at time of sale or other disposition, and an estimate of any mortgages or liens against the property. ~: 9. State whether you own any stocks, bonds or other securities in any corporation in your name alone or jointly with another person, or have held or disposed of any such securities since January I, 1993. If so, please state name and location of corporation, number ofshares held by you and, if held jointly, percentage of your owrership when ncquircd, and npproxill1alc currcnt vnlue ofyonr intcrcst, or, ifno longcr held, vnluc on date of sale or transfer. Identify any dividends or other income received on account of such ownership during the last two tax years and anticipated for the current calendar year. ~: ,10. List any and all bank accounts, both checking and savings, or bank deposits, certificates of deposit, etc., held by you in your name alone or jointly with any other person, presently and since January 1,1993. Please give the name and location of those banks and the approximate balance of the accounts as of the date ofthese interrogatories. 8 lfany such accounts are now closed, indicate the date the account was closed and the balance u of one month prior to its closing. ~: 11. IdentifY all items of tangible personal property worth in excess of Five Hundred and nolloo (5500.00) Dollars, owned by you on or after January I, 1993, individually or jointly with another person, giving description and approximate value. ~: 12. Set forth all other income received other than heretofore set forth in answers to the interrogatories, whether reportable or not for federal income tax purposes, during the current year and the past five calendar years; and, as to each such item of income, set forth date, amount received and source and basis for income. ANSWIiR: 9 13. Please provided a complete copy of all federal income tax returns or amended returns or notices which you have filed for the years 1992 to 1996 (including partnership and corporation returns, if you are partner or an officer, director or owner of five (S%) percent or more of stock in any corporation) with an accompanying schedules and documentation. ~: 14. State whether on or after January I, 1993, you own or have any interest in or have maintained any life insurance policies, annuity or medical policy, insuring your life or the life of any other person. If so, for each such policy, please state the name of the insurance company, policy number, the beneficiary, the premium paid by you on the policy, the type of coverage provided by the policy, the face amount of the policy and its current cash value; and any loans, by date, amount, and outstanding loan balance, which have been taken against the policy. ANS~: IS. State the total amount of money per month expended by you for the support of yourself for the years 1993 through present. ANSWER: 10 16. List the Insurance premiums paid by you on your home and for any automobiles owned by you or your spouse. ~: 17. List the names and addresses of any persons to whom you may have given or lent mone)' in excess of Five hundred and no/IOO (5Soo.oo) Dollars per gift or loan for the yeus 1993 to date. AHS.WER: 18. Set forth a list of your outstanding obligations including, but not limited to, mortgages, conditional sales, security agreements, contract obligations, financing statements, promissory or judgment notes, stating whether the obligation is individual, joint or joint and several, the original and current amount of the obligation, the date and source of monies. ~: II 19. State whether anyone, whether individual, corporation, partnership, or any other entity or party, owes you any money or if you hold any mortgages. If so, identifY the nunc and address of the debtor or mortgagor and the am~unt of the debt. ~: 20. State whether you own or lease, or whether any person, firm entity, corporation or other party supplies you with the use of an automobile, truck or other motor vehicle. If so, for each automobile, truck or other motor vehicle, state: Year, make, model, name and address of the legal owner, date of purchase or acquisition, purchase price of the automobile, truck or other motor vehicle. ~: 21. At any time since January I, 1993, were you engaged in any business enterprise, either solely or jointly with others? I f so, for each business, state name, form of the business organization, your ownership share, your dotes of ownership and the annual gross profits of the business during the past five (5) years; or if discontinued or sold, the amount of money received as a result of the discontinuance, termination or sale. ~: 12 22. Set forth a list of all monies or assets received by you by way of gift, inheritance, or through source other than earning, or other reportable income or loans from January 1, 1993, including date, amount or value received and source. ~: 23. State whether you have any insurance or annuity coverage not listed in the answer to the preceding interrogatories. If so, for each policy of insurance or annuity, state names and address of the insurance company, type of policy, amount of coverage and present cash surrender value. ~SWER: 24. State the extent, type and location of all books, papers, records and other financial documents in your possession or control, which would reflect your income or assets. ~: 25. Since January I, 1993, have you received, or do you anticipate the receipt of, anything of value from any source, including, but not Iill1ited to, gifts, judgments, settlement, litigation, devise, bequest, legacies, insurance proceeds, loans, dividends, property in reversion, remainder, or expectancy, or a tnlst or trusts in which you or any of 13 your children nre beneficiaries, or any intercst not hereinbefore set forth? If so, identify source, reason, date and amount or value of receipt. ~: 26. Do you have, or have there been, any safe-deposit boxes, vaults, safes, storage facilities or other places of deposit and/or safekeeping (hereinafter, for the purposc of brevity referred to as "place of safckeeping") maintained by you or in which you have deposited any monies, documents, or other items of personal property, or in which you had powers of signature, or access to any such safe-deposit boxes, vaults, safes, storage facilities or other places of deposit and/or safekeeping, in the past five (5) years? If so, state name and address of bank or other location, and list all items located in such place of safekeeping. ~: 27. Itemize your average monthly living expenses in detail, including, but not limited to, rent, clothing, food, utilities, telephone transportation and car, medical and dental, insuranee of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature, laundry nnd cleaning, transportation, education, entertainment, recreation, personal and grooming expenses, alcoholic beverages, 14 nightclub entertainment, motion pictures entertainment, out-of-town trips, tobacco products, gambling (as to gambling, specifY the sport or game involved), sports equipment, support for any other persons and any other cxpensc. ~: 28. Did you prepare or havc prepared any records, accounts, journals or similar documents showing your income, expenses, assets or liabilities? If so, attach a copy of each such record, account, journal or similar document. ~: 29. State the names Rnd addresses of all persons who were witness to, or have knowledge or information of, any relevant facts relating to this action, or who possess proof of the facts involved, and their relationship to you, and indicatc whether any writtcn or recorded statements were obtained from any such pcrson. ANSWIiR: 30. Have you in the past hired any professional accounting or bookkeeping services to maintain records of your assets, liabilities, income, expenses, tax returns and other IS financial transactions? If so, state the name, address and telephone number of person or rum who has rendered services in the last five (5) years. ~: 31. State the names and addresses of any and all proposed expert witnesses, and annex true copies of all written reports rendered to you by any such proposed expert witness. ANS~ COMMONWEALTHOFPENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, Barbara L. Pitt, hereby swear or affirm that the foregoing Answers to Interrogatories are.true, complete and correct to the best of my knowledge, information and belief, and that I will provide further information I may receive in the future pertaining thereto. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unswom falsification to authorities. Barbara L. Pitt Sworn to and subscribed before me this day of , 1997. Notary Public 16 1,-, F!:'.. y..", ~.,,-,~. ,'i,l'~';. paBHVJTIAL aaaBIKBHT THIS AGREEMENT b made and entered into on August 19, 1993, by an4 between paul S, Balas, SSN 200-01-2351, (hereinafter called "Paul"), and Barbara pitt, SSN 538-34-8684 (hereinafter called "Barbara") , 1. MARRIAGE. The partie. plan to marry each other. Each own. real and personal property and busine.s intere.t. acquired before execution of this aqreement and each intends to provide in thi. aqreement for all of the real and personal property, bu.ine.. intere.t., and other rights, (hereinafter "Property"), that may ari.e because of the contemplated marriage. 2. CONSIDERATION. The parties acknowledge that the provi.ions of this agreement are adequate consideration to support , the agreement, and each intend. to be legally bound hereby, 3. PAUL'S PROPERTY. (a) All of the property noW owned or hereafter acquired by Paul shall remain hie sole and separate property throughout the marriage, except as provided in this agreement. Barbara shall not claim or acquire any interest in any of paul's property on account of increases in value during the marriage or for any reason, Paul reserves the right to make gifts to Barbara of property during the marriage, but gifts shall not constitute an amendment to or other change in this agreement except as to such gifted property. (b) All of the household goods and furnishings which Paul shall bring to the marital residence, with the exception of those items which are separately listed as an Exhibit to this Agreement, .h.ll be con.idered . 9ift by P.ul to paul .nd Barb.r. .nd be held .. joint own.n with ri9ht of .urvivonhip, The prop.rty ..p.r.telY li.ted .hall be con.idered Paul'. .eparate property for purpo... of conv.yanc. at such time as Paul deemB appropriate to hi. .on John Thoma. Bal.s. 4 . BARBARA'S PROPERTY, (a) Allot the property now owned or herearter acquired by B.rb.r. .h.ll r.m.in her .01. and ..parate property throughout th. ..rri.v., .xc.pt .. provid.d in this agr....nt. Paul shall not al.i. or .cquir. .ny int.r..t in any ot her prop.rty on account ot incr..... in v.lu. during th. .arriage or tor any r...on, Barb.r. r...rv.. the right to .ak. gitts to paul ot property during the ..rri.g., but the gitt. shall not constitute an a.endm.nt to or oth.r ch.ng. in thi. .qr....nt .xc.pt a. to .uch gift.d prop.rty. (b) Allot the hou..hold good. and turni.hing. which'B.rb.r. .h.ll bring to th. .arital residence shall remain the ..parat. prop.rty ot Barbara and not be considered the joint property ot th. parti.., .xc.pt tor such items as shall be clearly gift.d by Barbara to paul in any separate writing dated hereatter. 5. CONTRIBUTIONS TO SEPARATE PROPERTY. No contributions ot .ith.r party to the car., maintenance, improvement, custody or r.pair ot the separate property of the other party, whether such contribution be in the form or money, property or personal services r.nder.d, shall in any way alter or convert any Buch property, or any part or portion of said property, to other than separate property of the party. The parties rurther agree that any 2 " contributione rendered by either p.rty to euch c.re, mainten.nce, improvement, cuetody or rep.ir of the eep.rate property of the other p.rty ehall become part of the eeparate property of the party owninCJ the affected sep.rate property without claim for reimbur.em.nt. 6. JOINT PROPERTY, e.) If the p.rties .cquire property jointly, the property .hall be held by them a. provided in the instrument conv.ying or evidencing the title to the prop.rty, and .xcept a. provided in this Agre.ment, if the instrument does not .pecify otherwi.., or if there i. no in.trum.nt, real property sh.ll be hald a. a tenancy by the entirety, and person. 1 property as joint owners with right of .urvivorship, Upon the death of the tint party to die, the .urviving p.rty .h.ll become the sole owner of .ny such property with no duty to reimbur.e or otherwise compens.te the a.c....d p.rty. In the ev.nt of divorce, such property sh.ll be divided b.twe.n the p.rties on the b.sis of their respective contributions to the acquisition of the same. eb} Barbara presently owns three parcels of real estate: A condominium with an address of 5 Garland Court, carlisI., cumberland County, pennsylvani.; a rental property with an address of South West Street, carlisle, Cumberland County, Pennsylvania; and a cottage located ne.r Caladonia state Park in Green Township, Franklin County with an address of 240 Perry Road, Fayetteville, Pennsylvania. Paul owns a condominium located at 23 Cliff ton Terr.ce, Carlisle, Cumberland County, Pennsylvania. It is the 3 partie. intention to liquidate their present real estate holdin;. and have purchased a new parcel or real estate located at 833 Walnut Lane, carlisle, cumberland county, Pennsylvania ror use as the marital residence. Said real estate is to be titled in Barbara'. name alone so as to permit Barbara to take rull advantage of the one time residential real estate capital gains exemption provi.ions or the Federal Internal Revenue Code. In order to obtain the runds to purchase her interest in the parcel, Paul shall loan Barbara the SUlll of $100,000.00 which will be represented by a .eparate note executed simultaneously with this Agreement, said note to be payable at such time as Barbara has sold sufficient of her real estate holdings to redeem the note. The parties agree that upon the liquidation or their respective real estate holdings, the full amount or the proceeds of the sale or such real properties shall be deposited in either of two tax free municipal bond funds pre.ently owned by Paul, and identified as Vanguard Fund 77 and Vanguard Fund 42. Paul shall take all such actions as are necessary to convey rull title and ownership of such runds trom him alone to him and Barbara. In the event or Paul's death prior to the death of Barbara or in the event that there is a marriage dissolution as defined in paragraph 15 of this agreement, Paul's entire interest in the marital residence and the Vanguard Funds shall be the sole property of Barbara without any claim by any of the heirs or assigns or Paul. In the event of Barbara'S death prior to the death or PaUl, Barbara's entire interest in the marital residence and in the 4 " . ' aunicipal bond fund. afor..aid, a. ...a.ur.d by the r..p.ctiv. p.rc.ntag. of h.r contribution. to the marital r..id.nc. purcha.. and the municipal bond fund., compar.d with the contribution of Paul, .h.ll be deemed h.r ..parat. prQp.rty. 7. DISPOSITION OF PROPERTY. Each party r.tain. the .an.gem.nt .nd control of the property belonging to that party and ..y .ncumb.r, ..11 or di.po.. of the property without the con..nt of the oth.r party. Each party .hall .x.cut. any in.trUIII.nt n.c....ry to .ff.ctuat. this par.gr.ph on the r.que.t of the oth.r p.rty. If eith.r party do.. not join in or .x.cut. an in.trum.nt a. requir.d by thi. p.ragraph, the oth.r party may .u. for .p.cific performance or for d.mag.., r.gardl... of the doctrin. of .pou.al immunity, and the defaulting party .hall be re.pon.ibl. for the oth.r p.rty'. co.t., .xp.n... .nd .ttorn.y'. f.... This paragr.ph .hall not r.quir. . p.rty to .x.cute . promi..ory not. or oth.r evid.nc. of d.bt for the oth.r party, but if .uch a not. or oth.r evid.nc. is .x.cut.d, the other p.rty .h.ll indemnify and hold h.rml... the party .x.cuting the note or oth.r evid.nce of d.bt from .ny cl.im. or demand. arising from the execution of the in.trum.nt unl... both p.rties own .ome int.r..t in the ....t ..curing the debt. Execution of an instrument shall not give the party ex.cuting it any right or interest in the property of the party reque.ting execution. 8. ESTATE/DEATH. Except as provided to the contrary herein, each party consents that the estate of the other may be disposed of by will or codicil to the devisees of the other party or, in the 5 ab.ence of a will, the e.tate of each party .hall descend to the heir. of that party as if the marriage had not taken place. Each party waives "all rights" that the party would have as a survivinq spouse in the estate of the other party under the laws of any jurbcUction, including but not limited to: rights to act as personal representative; rights as intestate successor; rights .s a pretermitted spouse; rights to homestead property; rights to exempt property; rlqhts to family allowance; rights to take an elective .hare; rights tc object or to avoid any charitable donation; riqhts to dower; rights to curtesy; rights to community property; rights to quasi-community property; and rights to receive benefits under any will executed prior to this agreement. This waiver is of all right. (of a surviving spouse) now existing, cr that may hereafter be conferred on either party by any jurbcUction, whether by statute, court decision or otherwise. Each of the parties has an existinq will that shall remain in effect, reqardless of the marriage, until changed by that party. Neither party intends by this aqreement to limit or restrict ~he right to give or receive a testamentary gift from the other. Either of the parties may elect to make a gift to the other by will without invalidating this paraqraph and may thereafter chanqe or eliminate the gift by a codicil or another will without in any way affectinq the continued effectiveness of this aqreement. 9, NO TESTAMENTARY CONTEST. Neither party shall contest the validity of any will of the other party, including any will existing as of the date of this agreement and any will that may 6 hereafter be .ade, and each party .h.ll permit any .uch will of the other party to be probated and letters of admini.tr.tion to i..ue thereon. 10. DEBTS. Neither party shall assume or be com. r..pon.ibl. for the payment of any pre.xisting debts or oblig.tion. of the oth.r party b.cau.e of the marriage, Neither p.rty .hall do anything that would cause the debt or obligation of one of them to be a claim, demand, lien, or encumbrance against the property of the other party without the other party's written con..nt, If a debt or Obligation of on. party i. ....rt.d a. a claim or de.and again.t the property of the other without the writt.n con..nt of the other, the party who i. responsible for the debt or obligation .hall indemnify and hold the other party harmle.. from the claim or de.and, inclUding the indemnified party'. cost., expen... and attorn.y'. f.... 11, COUNSEL, Each party has had legal advice and an opportunity to consult independent counsel, understand. this agraem.nt and has been informed about the party's legal rights and Obligation. under this agreement or arising because of the contemplated marriage between the partie.. 12. FIN}I!!CIAL DISCLOSURE. The parties have revealed to each other fu~l financial information regarding the net worth, assets, holdings, income and liability of each. The parties have exchanged current fln:.!!'Icial information prior to the execution of this agreement and each party has received a satisfactory disclosure of the financial condition of the other party. Each party recognizes 7 that the e.tate of the other may be increa.ed by re..on of earning., inv.stments inheritance., gift., etc., and each acknowledge. that he or .he would make this agreement regardless of the value of such additions. 13, CHILDREN, Each party agrees that none of their children or grandchildren or any other individual shall live in the marital residence of the parties. 14, BARBARA'S BUSINESS. Barbara currently conducts a bu.ine.. out of her home and it is contemplated that this bu.ine.. will continue to be operated out of the marital residence, and Paul con.ent. and agree. to the continuation of such an arrangement without the payment of any separate consideration therefore. 15, MARRIAGE DISSOLUTION, Except as provided el.ewhere in this Agreement, in the event there .hould be . termination of the contemplated marriage by divorce, separation, annulment di..olution or otherwise, or a marital separation, whether with or without cau.e or by mutual consent, the parties agree as follows: a. This agreement shall be construed as a settlement agreement in the event of a dissolution of the marriage of the partie. and shall not be SUbject to modification by the final jUdgment or thereafter. It is the expressed intent of both parti.s that there be no modification of this agreement whatsoever (unless agreed to in writing by both parties) including, but not limited to, any modification due to change or circumstances. In the event of any proceeding to terminate the contemplated marriage or otherwise create, extinguish or define the rights of the parties B with re.pect to the subject matter of this agreement, both parties shall be obligated to introduce this agreement (or a true copy hereof) into evidence. b. The parties each shall retain their separate property and there .hall be no division or apportionment of such property. property owned as joint tenants with right of survivorship or as tenants by the entireties shall be divided in proportion to the partie.' respective contributions thereto. All debts and liabilitie. reasonably related to the marriage relationship shall be borne by the party responsible therefor by law; and all other debts and liabilities shall be borne by the individual who incurred such debts and liabilities. Each party waives the right to claiml a special equity in the party's jointly owned property; a community property right; a quasi-community property right; and rights to an "equitable distribution" of property as that term i. u.ed in the context of a dissolution of marriage. The waiver in this subparagraph include. all rights now existing and all that may hereafter be conferred on either Party by the laws of any jurisdiction. c. To the extent allowed by law, each of the parties hereby specificallY waive any obligation of support, maintenance or alimony (whether temporary, pendente lite, permanent, rehabilitative, periodic, or lump sum) that either party may be entitled to from the other as provided by law and each agrees not to institute any action at any time to secure such support, maintenance or alimony in any juriSdiction. This subparagraph 9 .hall not be con.true~ to prevent either from voluntary contributing to the .upport of the other, but it 18 inten~e~ categorically to relinquish any rights either may have or acquire for support of any kin~ from the other. The waiver in th18 .ubparagraph inclu~es all rights now existing an~ all that may hereafter be conferred on either party by the lew. of eny jur18~iction. d. Neither party shall have allY claim against the other for attorney'. fee. and expenses incurred in connection with said divorce, annulment, dis.olution, or marital .eparation, e. '1'0 the extent that any court awar~s either party any sum. to be paid by the other, the party in favor of whom the awar~ i. made .eparately agree. to indemnify, reimburse and hold harmle.. the party against whom such award is made for the amount of such award. This indemnity may be enforced in a separate action and, notwith.tan~ing provisions herein to the contrary, such party .hall al.o have a claim in the estate of the party benefits for the amount of the award plus legal interest plus attorney's fees. 16. SEVERABILITY. If part of this agreement is adjudged invalid, the remaining parts are not affected. 17. ENTIRE AGREEMENT. This instrument contains the entire agreement between the parties and shall not be changed except in writing signed by the parties. No representation or agreement that is not incorporated in it is valid. 18. GOVERNING LAW. This agreement shall be governed by Pennsylvania law, whether either or both of the parties are 10 tuporarily or pet1llanently re.iding or domioiled in any other juri.diction, and this agre.ment ehall not in any way b. aff.ot.d or modified bee au.. of a chanq. in r.sid.nce or domioile of either party. 19. FURTHER ASsURANCES. Each party .hall .x.out. any in.trum.nt. or documents at any time r.quested by the oth.r party that ar. n.ce..ary or prop.r to effectuate this aqr.em.nt, 20. NO OTHER BENEFICIARY. No person shall have the riqht or cau.. of action ari.ing or r..ulting from this alJT....nt .xcept tho.. who ar. part i.. to it and th.ir .ucoe..or. in inter..t. Furthermor., th1a aCJJ:..m.nt .hall b. bindinq upon the parti.. h.r.to, their succ.ssors in interest, heirs, d.vi...., di.tribut..., a..iqn., guardians, and p.rsonal repr...ntativ.., 21. A'l"rORNEY'S FEES. Attorn.y'. f.e. .hall be award.d aqain.t any party ohall.nqing the validity of th1a avre.m.nt wh.th.r b.for. or aft.r death of .ither party and wh.th.r or not .uch chall.nqe or elaim is successful. 22. SECTION TITLES. Section titles are inserted as a matt.r of convenienc., and shall not be interpreted to define, limit, .xtend, or describe the scope of any provision of this agreement. 23. OTHER ACKNOWLEDGMENTS, Each party acknowl.dges that he or shel (a) Has read this agreement in its entirety. (b) Has sufficient knowledge of the character and possible value of the property of the other. (c) Has been afforded access to such financial information 11 . r.latin9 to the other a. ha. r.a.onably b.en requ..ted. (d) Ha. b..n fully advi..d by ind.p.nd.nt coun..l, oho..n by .uch party, concernin9 l.qd riqhb and obUqation., includin9 tho.., which would oth.rwi.. be in .ff.ct betw..n the part i.. if thi. .flZ'....nt w.r. not .iCJl\.d. (.) Ha. .nt.red into thi. agreement freely and willln91y, without coercion or undue influenc., and upon full and .atUZ'e con.id.ration. IN WI'l'NISS NREREOr, .ach of the part i.. ha. aivned thia .flZ'e..ent on the d.te fir.t above writt.n, int.ndin9 to be le9.11y bound her.by. ~~, PA S. BALAS 4-1;~tA (it<r ~ARBARA PI'l'T f()\~ 12 '" ,I . . .' .' . . ",,'~.';'~.r.. ," .... ;-:.. .... ;. .;...~.~ I ,_ ". '. ~.! ':: ,'t,'; :;..~l,; ~~,.11' ,~ "",:" I...... ,,::.':;....i.~:'~'r.'........, . ,. . . ';.,.::,..,. ~~"~!~ ";" :. 'I~' JHIS IS A LIST OF.~bUSE HOLD ITEMS THAT JOHN THOMAS'BALAS '. WOULD LIKE FROM PAUL 8. BALAS' ESTATE .,,:" ,',' " t': : . .' 1 ":\'~"'''_' .. .'~,f.:, . _,,'f" ........,' " L~~"':~ '......;.-.~ . If' . '. , ' ..' 1. GRANDFATHER CLOCK 2. GOLD MANTAL CLOCK 3.' CURIO CABINET WITH LIONS HEAD 4. MEISS~N A. VASE B. SOUP TUREEN, .~OO VALUE C. PLATTER D. DISH E. P1TC~ER F, COCOA PITCHER G. SUGAR BOWL ~. SOAP STONE VASE WITH FLOWERS AND DRAGON 6. OLD HAND IRON. ' . 7. HUMMELS' . A. GIRL WITH CHICKEN' B. BOY WITH SHEEP C. CHIMNEY SWEEP D. BOY WITH BOOK BAG E. GIRL WITH BOOK BAG F. BOY ON ASHTRAY WITH BIRD B. WOMAN WITH TWO DOGS WALKING 9. SPANISH DANCERS (MAN ~ WOMAN) 11). BALLERINA 11. MAN WITH WHITE HAT 12. WOMEN WITH BONNET 13. TWO SETS OF COUPLES DANCING 14. WEDGEWOOD A. TWO VASES B. TEAPOT C. THREE PITCHERS D. PLANTER F. SUGAR BOWL 1 ~. CUT GLASS BOWL (BLUE 8. CLEAR) lb. CUT GLASS VASE (PURPLE ~ CLEAR) 17. CUT GLASS DECANTER (BLUE & CLEAR) 18. COFFEE TABLE, WITH IN LAID WOOD CASTLE 19. END TABLES. WITH IN LAID WOOD MAN ~ WOMAN . TWO TABLES 21). THREE INLAID WOOD PICTURES OF THE CITY OF ROTTENBURG ~ AND ONE INLAID WOOD PICTURE OF A WATER MILL IN WINTER :!1. MILLITAR', BEER STEIN. NINE STEINS 22. BEER STEINS, TWO 6TEINS 23. HUNGARIAN URNS ROSE COLORED. TWO URNS 24. JOHN PEEL PITCHER (HUNTING SCENE) 25. DELFT PITCHER 26. MARBLE TOPPED TABLE. L850 MV GRANDPARENTS 17. MIRROR FRAME IN HALL J8. ROSENTHAL NUDE WOMEN 29. n.v BOWL '30. FRENCH F'LATTER5. .JOH~ISON (<ROTHER, GOLD 11:;(~1 F'LATTERS. .. , TWO ~1. DOGWOOD PLATE EXHIBIT A " "--. "---""-""--~'-"'-"""''''---'''.f''-''':lI,_""...<_.~:':':.~- .-:-.... '... ~..':' . '..'..Jl.........._... ',' ,..~,.. ...' r' .. "-"f;"'.. "'.~,' -.;..: :: '.r.'~' ~ _ . ..~' 1~. o':~.~.r..........~~~;rt-'.l::..~::\':'..~ . '-,:: ... , - ". . ., -r"" ';.... :. '. '; " . .' """'~'j...t ,,;~,' " l., tiC, ','. . ., '='''''40 . ..' . ,.,t.......;. . ,_' ~ .. "," I ."\' .. -<: , ... > ..... .~.:. .~:...:... -<......;;-1..\..- ,- .l,:~ . :~.!" ',' '.. .~f'~~_.-:~4 . "",:iii:' ._.~l. ~ ~~,,"".' , 1. '.~ ..ll:.'.... - ....s,~,:....:. . ..~.'" f"~.'~l'. . .;rrt\'~f:." ~7 , 32.' ROSENTHAL PLATE .' ' 33. VINE PLATE ". '34, FRIAR BOOK ENOS, TWO ONE HOLDING BOOK OTHER A VESSEL 3~. NORMAN' ROCKWELL PLATES, FOUR PLATES 36. SHEEP HERDER PICTURE, OIL PAINTING 37. TOWN BY RIVER WITH BRIDGE, OIL PAINTING 38. MOUNTAIN BUILDING, TWO OIL PAINTING 39. DEACONS BENCH, ABOUT 1890 , . 40, CHERRY BEDROOM SET USED BY MY PARENTS, FIVE PIECES 41. CEDAR CHEST 42. SNOW SCENE COUNTRY ESTATE, OIL PAINTING 43. OAK CHAIRS, BLACK WITH GOLD AND SILVER TRIM, THREE 44. THISTLE PATTERN UMBRELLA VASE 4~. FATHERS DESK 46. WOODEN PLATES WITH CHURCH PAINTED IN CENTER, TWO PLATES 47. MOJHER,'S ALUMINUM ROUND TRAY 48. INNSIlRPOK'BELL::DN 'WOODEN .SUPPORT ,.' , 49~,,'BOOK~, DARk_FINISH~TWO CASES '.'" ~O. KITCHEN 'TABLE AND CHAIRS Sl. SMALL BOOK CASE-WITH IN LAID WOOD, REFINISHED BY FATHER S2. OIL PAINTING OF ZION, PAINTED BY TOM BALAS . .. . ,,.. ~ ".l.'~V. .... . ".,:-: ,::':>-,:::: i ;:,;.~..~ .. ~ . " ..,t,;..-.... \ ",f",-.~' '.~" t~. ," ~, ~ .1: i.:., . ,.;. . .- .~ ~-J ~~'.....; jvr/.. ~ ~.1l. l<: t,1...., l>, .....l L... "s t-NfI ~ . , STATZ OF PENNSYLVANIA COUNTY OF DAUPHIN . . : SS I . On thb, the --Clih- day of AUqu.t, 1993 before me, the under.i9ned officer, personally appeared PAUL S. BALAS and BARBARA PITT, known to me to be the persons who.e nams. ara .ubscrib.d to the foreqoinq instruaent and acknowl.dqed that thay executed the foraqoinq for the purpo.e th.rein contained, IN WITNESS WHEREOF, I have hereunto ..t my hand and notarial ..al. (L{\..L. Notary Public .' r 1 .~=~ ...........-~~~ ""_.... I I~act';;ls o I r i , j -j j I J I I I I ..ur. .. ....,.Il. , I I. nl couar or ~ nlU nat.Uff I 01lD-'.11ID COUll'l'Y, .....n...ra I Yo I CIYIL aerIal - La. I ........, L. .1", I 10. ..-.... CIYIL '1'''' Defulla.t I I. DlvoaOI O"'I'lrlaa'l" O' ...VIOI I h.reby certify that on January ~ 7997, a copy of the for.ljJoinlJ docUllant va. ..rv.d on Plaintiff'. attorn.y by U.S. ..U, fir.t cla.., po.taljJ. pr.paid, and .ddr....d a. follov., Edvard L, Schorpp, Z.quir. Landi., Black , Schorpp '36 South Hanov.r str.at carli.l., PA 17013 Datal J Janua~)r.' 111117 P,IUIMIDoM\l'l1"NltO'Jll,OID f\l '" ~tj f. ~,.(. ~( t ~ J#:: j"" ..,( (..~. v \" ~\'- ~v t) (t. jJI'" f ~\ I Enclo..d for filing i. the D.f.nd.nt'. An.w.r to Pl.intiff'. Notion for prot.ctiv. Ord.r in the .bov. r.f.r.nc.d .ction. I .1.0 r.qu..t th.t the An.w.r to Plaintiff'. Notion for protectiv.ord.r, .fter beinCJ fU.d, be forward.d to the Court Ad.ini.tr.tor for Judici.l A..iCJrua.nt, MILSPAW 81 BESHORE ATTOIINEYI AT LAW 110 ITAlIIMET r.o, lOX Me HAlllIllUf\D.I'ENNlnVANIA 17101 lUTHElI E. MIllrAW. ..., MAIIVW 1E1H0Ni HEM. A, DROVER HElINE EICHENWALD lOUX Febru.ry 24, 1997 In rei B.l.s v. Pitt No, 95-4854 prothonot.ry's Offic. cuaberl.nd county Courthouse On. Courthou.. Squ.r. c.rli.l., PA 17013 D..r sir or N.d..1 Pl.... ti.. .t..p the cop i.. .nd r.turn th.. to u. in the ..If-.ddr....d, pr.-st..p.d .nv.lop. provid.d. Th.nk you for your .ttention to this ..tter. Very truly yours, NILI'.W I ....0.. \s\ -JtE. {tLJ.~J~r Luther E, Milspaw, Jr. /W' ~ LEMjr/j.r Enclo.ur.. CCI B.rbar. Pitt . . nUL I. BaUI, I III THI COURT or COIOlO. .Llal I CUNBIRLMlD COUll'l'Y, ,....8YLVUIa .lailltiff I v. I CIVIL aCTIOII - UW I I 110. 95-4854 CIVIL TIM BUlla.. L. 'ITT, I I DetelllSant I III DIVORCR uanR TO .UIIITII'I" 8 MOTIOII I'OR lIROTICTIVI omlR 1. Admitted. 2. Admitted. 3, Admitted. 4. Denied. The Request for Admission asks for admissions concerninq the facts surroundinq the execution of the prenuptial Aqreement, it does not contain numerous conclusions of law. S, Denied. The averments in Paraqraph 5 constitute a leqal conclusion to which no response is required. 6, Denied as stated. While Defendant has not obtained an Order of Court authorizinq the use of her Request for Admission, she filed a Petition for Additional Discovery in Accordance with Pa.R.C.P. 1920,22 on February 12, 1997, seekinq an Order of Court authorizing the use of her Request for Admission. A true and correct copy of Petition for Additional Discovery in Accordance with Pa.R.C.P. 1920.22 is attached hereto as Exhibit "Alt. F I \LEK\DOM\PI" \ANSWER .PD " WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiff's Motion for protective Order and order Plaintiff to answer Defendant's Request for Admission, Respectfully sUbmitted, February 24, 1997 N BY Luther . Milspa , Jr., Esquirs 130 state street P,O, Box 946 Harrisburg, PA 17108 (717) 236-0781 " fl\LEN\DDM\PITT\ANfWE..PO 2 III!! 1II~,(t.1I (i) PAUL 8. BAU8, a IN TBI COURT or COHHON IILIAI Plaintiff a CDKBIRLUlD COUIITV, PIIlIlIVLVAlfIA a v. a CIVIL ACTION - UW a BARBARA L. PITT, a NO. 11-4114 CIVIL TIRII Defendant a IN DIVOaCI PB~!TIOH .0. ADDITIONAL DI8COVBRY 1M ACCORDaHCB WITH Pa.R.C.P. 1120.22 Defendant Barbara L. Pitt by her attorney Luther E. Milspaw, Jr./ Esquire, seeks to take additional discovery in the pre.ent proceedings by way of Request for Admission Under Rule 4014/ and files this petition requesting leave of court to take additional discovery, and avers in support hereof that: 1. Plaintiff is Paul S. Balas, an individual residing at Three Thornhill Court/ Carlisle, Cumberland county, Pennsylvania. 2. Defendant is Barbara L. Pitt, an individual residing at 833 Walnut Lane, carlisle, Cumberland County, Pennsylvania. 3. Plaintiff filed a Complaint in Divorce raising claims for equitable distribution, alimony pendente lite, alimony/and coun.el fees and costs on September 12/ 1995. 4. The parties executed a Prenuptial Agreement, dated August 19, 1993. The Prenuptial Agreement, pursuant to its terms/ constitutes a settlement agreement between the parties as to all matters set forth therein, including, but not limited to, equitable distribution of marital property, support, maintenance or alimony (including temporary alimony, alimony pendente lite, .E,erm,Anep,t ,- _J .t, ,. ..., '1 ill'i. d ,IF ~,:: ':.j~ ~G ~ ~33 zF. l>l "Sl'" >.. .. ,.-1 .- . ~ en ~ ,,\LEN\OQH\PITT\PETIT.ON.PIS alimony, rehabilitative alimony, periodic alimony or lump SUlll alimony) and coun.el tee. and costs. Said Aqreement has not been moditied .ince it. execution and remains entorceable according to its term., A true and correct copy of the original Prenuptial Agreement i. appended hereto, incorporated herein and marked Exhibit "A". S. plaintUt maintains that this document is not a valid and enforceable .ettlement agreement. 6. Detendant .erved on Plaintitt on or about January 21, 1997, a Request for Admission Under Rule 4014 pertaining to the validity and entorceability of the Prenuptial Agreement. Detendant will be .ub.tantially aided in the preparation of her ca.e and further, will eave re.ultinq costs of a lenqthy hearing, it Plaintiff an.wers her Request for Admission Under Rule 4014. A true and correct copy of the Request for Admi.sion Under Rule 4014 ia appended hereto, incorporated herein and marked Exhibit "B". f I \LEH\OOll\PI TT\PET I TlON .015 2 WHEREFORE, Defendant re.pectfully requests that she be qranted l.ave of court to take additional discovery and Pla1ntif~ be ordered to answer Defendant's Request for Admission Under Rule 4014, Respectfully submitted, Date: February 11, 1997 By: L er E, M lspaw . ,Esquire Attorney I.D, No. 19 26 130 state street P,O. Box 946 Harrisburq, PA 17108 (717) 236-0781 Attorneys for Defendant fl'LI"\DCM'PI"'PI'I'I~.DII 3 ,. .RIHVPTIAL aORllHZHT THIS AGREEMENT b made and entered into on Auqust 19, 1993, by and between Paul S. Balas, SSN 200-01-2351, (hereinatter called "Paul"), and Barbara pitt, SSN 538-34-8684 (hereinatter called "Barbara"). 1. MARRIAGE. The parties plan to marry each other. Each own. real and personal property and busine.. intere.t. acquired bet ore execution ot this agreement and each intends to provide in this agreement tor allot the real and personal property, busine.s interests, and other riqht., (hereinatter "Property"), that may ari.e because of the contemplated marriaqe. 2. CONSIDERATION. The parties acknowledge that the provisions ot this agreement are adequate consideration to support . the agreement, and each intends to be leqally bound hereby. 3. PAUL'S PROPERTY, (a> All of the property now owned or hereafter acquired by Paul shall remain hi. .ole and separate property throuqhout the marriage, except as provided in this aqreement. Barbara shall not claim or acquire any interest in any of Paul's property on account ot increases in value durinq the marriaqe or for any reason. Paul reserves the riqht to make qifts to Barbara of property durinq the marriaqe, but qifts shall not constitute an amendment to or other chanq. in this aqreement except as to such qifted property. (b) All of the household qoods and furnishinqs which Paul shall brinq to the marital residence, with the exception of those items which are separately listed as an Exhibit to this Aqreement, .hall ba con.id.red a gift by Paul to Paul and Barbara and b. held .. joint own.r. with riqht ot .urvivorship. Th. prop.rty ..parately list.d shall b. considered Paul's separate property for purpo... of conveyance at such time as Paul deems appropriate to hi. .on John Thoma. Balas. 4. BARBARA'S PROPERTY. (a) Allot the property now owned or hereatter acquired by Barbara .hall r.main h.r .ole and s.parat. property throughout the marri.g., .xc.pt a. provid.d in this agr.ement. Paul shall not claim or acquir. any int.r..t in any of her prop.rty on account of incr..... in value during the marriage or for any r.ason. Barbara re.erve. the right to make gifts to Paul at property during the marriage, but the gifts shall not constitute an amendment to or other change in this agre.ment except as to such gift.d property. (b) All of the household goods and turnishings which' Barbar. shall bring to the marital residence shall remain the separate prop.rty ot Barbara and not be considered the joint property ot the parties, .xc.pt for such items as shall be clearly gifted by Barbara to Paul in any separate writing dated hereatter. 5. CONTRIBUTIONS TO SEPARATE PROPERTY. No contributions ot .ith.r party to the care, maintenance, improvement, custody or r.pair ot the separate property of the other party, whether such contribution be in the form ot money, property or personal services rendered, shall in any way alter or convert any such property, or any part or portion of said property, to other than separate property at the party. The parties turther agree that any 2 " ..-~..... contributions r.ndtir.d by eith.r party to euch car., maint.n.nc., improv.m.nt, custody or repair or the s.parat. prop.rty or the oth.r p.rty shall b.come part or the ..per.te property or the p.rty owninq the .tt.cted separ.te property without claim tor reilllburs.ment. 6 . JOINT PROPERTY. ea) It the parties acquir. property jointly, the prop.rty sh.ll be h.ld by th.m as provided in the instrument conv.ying or evidencing the title to the prop.rty, and exc.pt .e provid.d in this Aqr..m.nt, it the instrum.nt do.s not sp.city oth.rwis., or it th.r. is no inetrum.nt, r.al prop.rty shall b. h.ld ae a t.n.ncy by the entir.ty, .nd p.rsonal property as joint ownere with right of survivorehip. upon the d.ath or the first party to di., the .urvivinq party ehall become the sole owner or any euch prop.rty with no duty to r.illlburs. or otherwie. comp.neat. the a.c....d party. In the .v.nt or divorce, euch prop.rty ehall b. divided b.twe.n the partie. on the basis or their resp.ctive contributions to the acqui.ition of the same. (b) Barbara pr..ently own. three parcels or real e.t.t.: A condominium with an .ddress or 5 Garland Court, carlisle, cumb.rland county, Pennsylvania; a rental property with an addree. or south Weet str.et, Carlisle, Cumberland county, Pennsylvania, and a cottage located near Caladonia state Park in Green Township, Franklin county with an address or 240 Perry Road, Fayetteville, Pennsylvania. Paul owns a condominium located at 23 clitrton Terrace, Carlisle, Cumberland County, Pennsylvania, It is the 3 partiee intention to liquidate their present real estate holdinw. and have purchased a new parcel ot real e.tate located at 8JJ Walnut Lane, Carli.le, CUmberland County, penn.ylvania tor use a. the marital residence, Said real estate is to be titled in Barbara'S name alone so a. to permit Barbara to take tull advantawe at the one time re.idential real estate capital qains exemption provisions at the Federal Internal RevenUe Code. In order to obtain the tunds to purchase her interest in the parcel, Paul shall loan Barbara the sum ot $100,000.00 which will be repre.ented by a .eparate note executed simultaneously with this Awreement, .aid note to be payable at such time as Barbara has sold sutticient of her real estate holdinq. to redeem the note. The partie. agree that upon the liquidation ot their respective real estate holdinq., the tull amount ot the proceeds ot the sale at such real properties shall be depo.ited in either ot two tax tree municipal bond tunds pre.ently owned by PaUl, and identitied as Vanquard Fund 77 and Vanquard Fund 42, Paul shall take all such actions as are nece.sary to convey tull title and ownership ot such tunds tram him alone to him and Barbara. In the event ot Paul's death prior to the death ot Barbara or in the event that there is a marriaqe dissolution as detined in paraqraph 15 ot this aqreement, Paul's entire interest in the marital residence and the Vanguard Funds shall be the sole property ot Barbara without any claim by any ot the heirs or assigns at Paul. In the event of Barbara's death prior to the death of PaUl, Barbara's entire interest in the marital residence and in the 4 .unia1p.l bond fund. .for...id, .. ....ur.d by th. r..p.ctiv. p.rc.nt.9. of h.r contribution. to the marital r..id.nc. purch... .nd the municipal bond funds, compared with the contribution of p.ul, .hall b. d..m.d h.r ..parat. prop.rty. 7. DISPOSITION OF PROPERTY. E.ch party retain. the m.na9.m.nt and control of the property belonging to that party .nd m.y .ncumb.r, ..11 or di.po.e of the property without the con..nt of the oth.r p.rty. Each party .hall ex. cut. any in.trum.nt n.c....ry to .ff.ctuat. this paraqraph on the r.qu..t of the oth.r p.rty. If eith.r party do.. not join in or .x.cut. .n in.trum.nt .. r.quir.d by this paraqraph, the oth.r party may .u. for .p.cific p.rform.nc. or for damag.., r.gardle.s of the doctrin. of .pou..l immunity, and the d.faulting party .hall b. re.pon.ibl. for the oth.r p.rty'. co.t., .xp.n... and attorn.y'. f.... Thi. paragr.ph shall not r.quir. a party to ex.cute a prcmi.lory not. or oth.r evid.nc. of d.bt for the oth.r party, but if luch a not. or oth.r .vid.nc. is .x.cut.d, the other party shall indemnify and hold h.rml... the party .x.cuting the note or oth.r evidence of d.bt from any claim. or demand. arising from the ex.cution of the in.trum.nt unlels both part i.. own .ome interest in the a...t ..curing the debt. Execution of an instrument shall not give the party ex.cuting it any right or interest in the property of the party requesting execution. s, ESTATE/DEATH. Except as provided to the contrary herein, each party consents that the estate of the other may be disposed of by will or codicil to the devisees of the other party or, in the 5 ab.ence of a will, the e.tate of each party .hall de.cend to the heir. of that party a. if the marriage had not taken place, Each party waive. "all right." that the party would have a. a .urvivin9 .pou.e in the e.tate of the other party under the law. of any jurbdictlon, includin9 but not limited tOI riqht. to act a. per.onal repre.entative, right. a. inte.tate .ucce..or, right. a. a pretanitted .pou.., right. to homlltead property, right. to exupt property, right. to family allowance, right. to take an elective .hare, right. to object or to avoid any charitable donation, riqht. to dower, right. to curte.y, right. to co..unity proparty, riqht. to qua.i-collllllunity property, and right. to recdve benefit. under any will executed prior to thi. aqreement, Thi. waiver i. of all right. (of a .urvivinq .pou.e) now exi.ting, or that .ay hereefter be conferred on either party by any jurbdiction, whether by .tatute, court decbion or otherwi.e, Each of the partie. haa an exiltinq will that .hall remain in effect, regardle.. of the marriage, until chanqed by that party. Neither perty intend. by thi. agreement to limit or re.trict the riqht to give or recdve a t..tamentary gift from the other. Either ot the partie. may elect to make a gift to the other by will without invalidating this paragraph and may thereafter change or eliminate the gift by a codicil or another will without in any way attecting the continued eftectiveness of this agreement. 9. NO TESTAMENTARY CONTEST. Neither party shall contest the validity of any will ot the other party, including any will existing as of the date ot this agreement and any will that may 6 h.r.after be ud., and .ach party .hall p.nlt any auch will of the oth.r party to b. prob.t.d .nd l.tt.r. of admlnl.tr.tlon to i.aue th.r.on. 10. DEBTS. N.ith.r p.rty .h.ll ...um. or b.com. r..pon.ibl. for the p.ym.nt of any pr..xlatinq d.bt. or obl1q.tion. of the oth.r party b.c.u.. of the marriag.. Neith.r party .hall do anythlng th.t would c.u.. the d.bt or obllgation ot on. of th.. to be a claim, d..and, li.n, or .ncumbr.nc. ag.in.t the prop.rty of th. other p.rty wlthout the oth.r p.rty'. writt.n cona.nt. If a d.bt or obligation of on. p.rty i. ....rt.d .a a claim or d...nd ag.in.t th. prop.rty of th. oth.r without the writt.n con..nt of th. oth.r, the p.rty who i. r..pon.ibl. tor th. d.bt or obliq.tion ah.ll ind.mnify .nd hold th. oth.r p.rty h.rml... from the cl.l. or d...nd, inclucUnq th. ind.mnifi.d party'. coat., exp.n... .nd .ttorn.y'. t..., 11. COUNSEL. E.ch party h.. h.d l.q.l .dvic. .nd .n opportunity to con.ult ind.p.nd.nt couna.l, und.r.t.nd. this .qr..m.nt .nd ha. b..n intorm.d .bout tha party'. laq.l right. and obllq.tion. und.r this .qraa.ant or .ri.inq b.c.u.. ot th. cont..plat.d ..rri.q. b.twa.n the p.rti... 12. FINANCIAL DISCLOSURE. The p.rti.a h.v. r.va.lad to .ach othar tull tin.ncial intormation r.garding the net worth, ....t., hOlding., incoma and liability of each. The parti.. have .xchang.d current financial information prior to the .xecution of thia .qr...ent .nd each party has received a satisfactory disclosur. of the financial condition of the other party. Each party recogniz.. 7 tha~ the ..tat. of the oth.r may b. incr....d by r.a.on of .arnin9.' inv..tm.nt. inh.ritanc.., qift., .tc., and ..ch acknowl.dq.. that h. or .h. would make this aqre.ment reqardl... of the value of .uch addition.. 13 . CHILDREN. Each party aqr... that non. of their children or qrandchildren or any other individual .hall live in the marital r..idence of the partie.. 14 . BARBARA'S BUSINESS. Barbara curr.ntly conduct. a bu. in... out of her hOlle and it i. contemplated ~ha~ this bu.ine.. will continue ~o be operated out of the lIarital ree1dence, and Paul con.ent. and aqree. to the continuation of .uch an arranqement without the payment of any .eparate consideration therefore. 15. MARRIAGE DISSOLUTION. Except as provided elsewhere in thi. A9Teement, in the event there .hould be a termination of the contempl.ted marriaqe by divorce, .eparation, annulment dis.olution or otherwi.e, or a marital separation, whether with or without cause or by mutual consent, the parties aqree as follow.: a. 'l'hi. aqreement shall be construed as a .ettlement aqreement in the event of a dissolution of the marriaqe of the partie. and shall not be subject to modification by the final judqm.nt or thereafter. It is the expressed intent of both parties that there be no modification of this aqreement whatsoever (unl... aqreed to in writinq by both parties) includinq, but not limited to, any modification due to chanqe or circumstances. In the event of any proceedinq to terminate the contemplated marriaqe or otherwise create, extinquish or define the riqhts of the parties B with r..p.ct to the .ubj.ct .att.r of thi. agr....nt, both parti.. .h.ll b. obliqat.d to introduc. thb aqr..m.nt (or a trua copy haraof) into .vid.nce. b, Th. partie. each .hall retain their ..parat. prop.rty and th.re .hall be no divbion or apportionment of .uch prop.rty. Prop.rty own.d a. joint tenant. with riqht of .urvivor.hip or a. t.nant. by the .ntiretie. .hall be divid.d in proportion to the parti..' r..p.ctiv. contributions ther.to, All d.bt. and liabiliti.. r.a.onably relat.d to the .arriaqe r.lation.hip .hall b. borne by the party re.pon.ible ther.for by law; and all other debt. and liabilitie. .hall be borne by the individual who incurred .uch debt. and liabilitie., Each party waiv.. the riqht to clai., a .pecial .quity in the party'. jointly owned property; a cOllllllunity property riqht; a qua.i-coDlDlunity property riqht; and riqht. to an "equitable dbtribution" of property a. that t.rm b u.ed in the context of a db.olution of marriaq.. The waiv.r in thb .ubparagraph includ.. all rights now .xbtinq and all that may hereafter b. conferred on either Party by the law. of any juri.diction, c. To the extent allowed by law, each of the partie. her.by .pecifically waive any obligation of support, maintenance or alimony (wheth.r temporary, pendente lite, permanent, rehabilitative, periodic, or lump sum) that either party may be entitled to from the other as provided by law and each aqrees not to in.titute any action at any time to secure such support, maintenance or alimony in any jurisdiction. This subparagraph 9 .hall not be con.true~ to prevent either from voluntery contributing to the eupport of the other, but it b inten~ed categorically to relinquieh any right. either may have or acquire for .upport of any It1nd from the other. The wal ver in thi. .ubparagraph inclUde. all riqht. now exi.ting an~ all that .ay hereafter be conferred on either party by the law. of any juri.~ict1on. d. Neither party .hall have any claim again.t the other for attorney'. fee. and expen.e. incurred in connection with .aid divorce, .nnulment, di..olution, or marital .eparation. e. '1'0 the extent that any court award. either party any .um. to be paid by the other, the party in ravor of whom the award i. made .eparately agree. to indemnify, reimbur.e and hold harmle.. the party again.t whom .uch award i. made for the amount of .uch awar~. '1'hi. indemnity may be enforced in a .eparate action and, notwith.tanding provi.ion. herein to the contrary, .uch party .hall al.o have a claim in the estate of the pu.ty benefits for the amount of the award plus leqal int.r..t plus attorney'. f..., 16. SEVERABILITY. If part of thb agreem.nt b adjudg.d invalid, the remaining parts are not aff.cted. 17, ENTIRE AGREEMENT. This instrument contains the .ntir. aqr.em.nt b.tw..n the parti.s and shall not b. changed .xc.pt in writing signed by the parties. No representation or aqreement that i. not incorporated in it is valid. 18. GOVERNING LAW. This agreement shall be governed by Pennsylvania law, whether either or both of the parties are 10 temporarily or penanently reddinq or domiciled in any other juri.diction, and this agre.ment shall not in any way be attected or moditied because ot a change in residence or domicile ot either party, 19. FURTHER ASSURANCES. Each party shall execute any instruments or documents at any time requested by the other party that are necessary or proper to effectuate this agreement. 20. NO OTHER BENEFICIARY. No person shall have the right or caus. ot action arisinq or resultinq trom this agreement except thos. who are partie. to it and their successors in intere.t. Furthermore, this aqreement shall be bindinq upon the partie. hereto, their succ.ssors in int.rest, h.irs, d.vi...., di.tributees, assigns, quardians, and personal repres.ntative.. 21. ATTORNEY'S FEES. Attorn.y's t..s shall b. awarded aqainst any party challenqing the validity ot this avreement whether bet ore or after death ot .ither party and whether or not such challenqe or claim is successful. 22. SECTION TITLES. section titles are insert.d as a matter ot conv.ni.nc., and shall not be interpreted to define, limit, extend, or dsscribe the scope of any provision of this agreement. 23. OTHER ACKNOWLEDGMENTS. Each party acknowl.dqes that he or sh.: eal Has read this agreement in its entirety. ebl Has sufficient knowledge of the character and possible value at the property of the other. eel Has been afforded access to such financial information 11 r.letinq to the oth.r e. ha. r...on.bly b.en requ..t.d. (d) He. b..n tully .dvi..d by indep.nd.nt aoun..l, cho..n by .uah party, concarnin; l.;al r iqhta and obliqaUon., inalucUnq tho.. which would otherwi.. b. in .tfect b.tw..n the p.rti.. it thi. .qr....nt w.r. not .iqn.d. (.) Ha. .nt.r.d into thi. agr.ement tre.ly and willinqly, without co.rcion or undue influ.nce, and upon full and .atur. con.id.r.tion. IN WITNESS WHEREOF, .ach ot the parti.. ha. .iqn.4 thi. .qr....nt on the date tir.t ebov. writt.n, intendinq to b. l.qally bound h.r.by. ~~. PA S, BALAS f;)~~ 4-tU{A (%E" ~AlUlARA PITT 12 .' .." " . ~. . . . ..' " , -:..... ';"'.i\r .. .""' . "I.'. 'w. ..-.:~ <A . . " J.....-:: . ,,,,;~,, .~............;~;, '," :'~ ... ~."""-"'" _. ..;,;..... ,'. . ... .. . ., t~~, .:\:\.'~~~':7':'" ,.t',,: :..~1'~ , .;..., .... ':-;'. . . ',' '" .. '4'''' '. . ,I " .. . .I~;::" ';. \-, . "'~'~:'...:'l . .,.........< 32. . ROSENTHAL PLATE ... 33. VINE PLATE ". '34. FRIAR BOOK ENDS, TWO ONE HOLDING BOOK OTHER A VESSEL 3~. NORMAN' ROCKWELL PLATES, FOUR PLATES 36. SHEEP HERDER PICTURE, OIL PAINTING 37. TOWN BY RIVER WITH BRIDGE, OIL PAINTING 38. MOUNTAIN BUILDING, TWO OIL PAINTING 39. DEACONS BENCH, ABOUT 1890 40. CHERRY BEDROOM SET USED BY MY PARENTS, FIVE PIECES 41. CEDAR CHEST 42. SNOW SCENE COUNTRY ESTATE, OIL PAINTING 43. OAK CHAIRS, BLACK WITH GOLD AND SILVER TRIM, THREE 44. THISTLE PATTERN UMBRELLA VASE 4~. FATHERS DESK 46. WOODEN PLATES WITH CHURCH PAINTED IN CENTER, TWO PLATES 47. MOTHER'S ALUMINUM ROUND TRAY 48. INNSBROOK BELL .~ON WOODEN SUPPORT ,. 49.BOOkC~ES, DARK. FINISH, TWO CASES ~O. KITCHEN TABLE AND CHAIRS Sl. SMALL BOOK CASE WITH IN LAID WOOD, REFINISHED BY FATHER ~2. OIL PAINTING OF ZION, PAINTED BY TOM BALAS n l'iit(... j jgr/., AW ~-'b.. l.(.ttl."l .""..lL....5t'"N,e , . ., .,' .. ' , . -'("~ , .... ,- ." . ,. . . , .. ~'1a' II,. " .. ,'. . ~HIS IS A ~IST OF HOUSE wOU~D ~IKE FROM pAU~ S, .' ,~;~"i-...~...",.\....;.. .~.' .' I .. ',' ".,'t!!!;.. ~.!' .I"i.~' ......i.r;" .,.. ... ," l ...1.'::-. Ya" 1_' :,':~:..':...\"4i ~:....'-'. ., /.~ \.-..~.:,!.. : ~.....". HO~D ITEMS THAT JOHN THOMAS 'BALAS ' BA~AS' ESTATE . .. ..'~ ::~:~~'.~ , 1. GRANDFATHER C~OCK 2. GOLD MANTA~ CLOCK 3, CURIO CABINET WITH ~IONS HEAD 4. MEISSEN A. VASE B. SOUP TUREEN, .~OO VA~UE C. p~ATTER D. DISH E. PITCHER F. COCOA PITCHER G. SUGAR BOW~ ~. SOAP STONE VASE WITH F~OWERS AND DRAGON h. O~D HAND IRON 7. HUMME~S A. GIR~ WITH CHICKEN B. BOY WITH SHEEP C. CHIMNEY SWEEP D. BOY WITH BOOK BAG E. GIR~ WITH BOOK BAG F. BOY ON ASHTRAY WITH BIRD S. WOMAN WITH TWO DOGS WA~KING ~. SPANISH DANCERS (MAN ~ WOMAN) 10. BAL~ERINA 11. MAN WITH WHITE HAT 12. WOMEN WITH BONNET 13. TWO SETS OF COUp~ES DANCING 14. WEDGEWOOD A. TWO VASES e. TEAPOT C. THREE PITCHERS D. PLANTER F. SUGAR BOWL 1:5. CUT G~ASS BOW~ (BLUE 8. C~EAR) lh. CUT GLASS VASE (PURp~E ~ CLEAR) 11. CUT GLASS DECANTER (BLUE ~ C~EAR) 18, COFFEE TAB~E, WITH IN ~AID WOOD CASTLE 19. END TAB~ES. WITH IN ~AID WOOD MAN ~ WOMAN . TWO TAB~ES :.;0. THF.EC: INLAID WOOD PICTURES OF THE CIT't OF ROTTENBURG ~ AND ONE II~L':'ID WOOD PICTURE OF A WATER MILL IN WINTER ~\. MILLITAR~ SEER STEIN. NINE STEINS :~. eEER STEINS. TWO STEINS '23. HUN GAR I r~N URNS ROSE COLORED. TWO URNS :4. JOHN PEEL PITCHER (HUNTING SCENEI :5. DELFT prTCHER :6. MARBLE raPPED TABLE. la50 M~ GRANDPARENTS ;7. MIRROR FRAME IN HAL~ ~e. ~aSENT~~L NUDE WOMeN :'1. T.!,v BOWL ~O. FRENCH PLATTERS. ~8HNSON B~OTHER. OOLD TRIM P~ATTERS. , TWO 31. DOGWOOD PLATE EXHllltT A STAT! OF PENNSYLVANIA COUNTY OF DAUPHIN SS On thb, thl ~ day ot Auqu.t, 1993 bltorl .e, the undlr.iqned otticlr, plr.onally apPlarld PAUL S. BALAS and BARBARA PITT, known to .1 to bl thl plrsons whose namls arl subscribed to the forevoinq instrumsnt and acknowledqld that thlY eXlcuted the foravoinv for thl purpo.e therlin contained. IN WITNESS WHEREOF, I havI hlrlunto .et my hand and notarial ..al. CM\..(. . Notary Public ~, , I . . ....M.=~~ "'*"""-~ Mtc.,.'~,""'Qt30. 1 " PAUL I. BM.AS, I III TBI COURT or COIOlOII PUU naiDtUf I CUKlIRLAllDCOUll'1'I, PIIIIIIILVAMIA I v. I CIVIL ACTIOII - LAW I BAIUIUA L. PITT, I 110. 11I-.... CIVIL TIU DefeDlSant I III DIVORC. aBOU_IT ~OR ADMISSION OWD.. RULW .D14 To PaulS. Balas: You are requested to admit, for purposes of this action only, pursuant to Rule 4014 of the Penn.ylvania Rules of civil Procedure I 1. PaulS. Bala. did not enter into the prenuptial Agreement with Barbara L. Pitt a. a result ot fraud. 2. Paul S. Balas did not enter the Prenuptial Agreement as a reuslt of any milrepre.entations by Barbara L. Pitt. 3. PaulS. Balas was not under duress when he signed the prenuptial Agreement. 4. Barbara L, pitt fully disclosed her general financial position to Paul s. Balas prior to his execution ot the Prenuptial Aqr.ement. 5. Paul 5. Balas tully disclosed his general financial position to Barbara L. pitt prior to her execution of the Prenuptial Agreement. . 6. Paul S. Balas was not prevented trom seeking the advice of independent legal counsel prior to his execution of the agreement. f I \LEH\DOM\PIIT\REQUur.ADM 7. Paul S. Balas r.vi.w.d the .ntir. Pr.nuptial Agr....nt prior to .igning it. 8. Paul S. Bala. fully und.rstood the t.rm. of the Pr.nuptial Aqr....nt wh.n h. .x.cut.d it. 9. Paul S. Bala. was aware of the statutory riqhts h. was r.linquishinq at the time h. siqn.d the Pr.nuptial Aqr..m.nt. You ar. dir.ct.d to file an answer to this r.qu.st, in co.plianc. witti Pa.R,C,p. 4014(b), within thirty (30) day aft.r ..rvic. of this r.qu.st upon you. Oat.: January 20, 1997 By: Luth.r ilspa J .,Isquir. Attorn.y I.D, No. 19 26 130 Stat. Str..t P.o. Box 946 Harrisburq, PA 17108 (717) 236-0781 Attorneys for O.fendant "\LI"\D~\'III\.IQUI'I.AD" 2 'AVL .. .au., . IH 'I'D COV.'l' 01' COIIIIO. .LIAI .labUff . CVJUI.RLAIID COVll'l'Y, .....YLVUU . v. . CIVIL ACTIO. - UW . .auua L. .Ift, . HO. n-.... CIVIL ~.III Def.Dclut: . IH DIVO.C. C..TlrleAT. 01' ...vle. I h.r.by certify that on January 21, 1997, a copy of the for.;oin; docua,nt wa. .erved on Pl.intiff'. attorney by u.s. m.il, fir.t 01..., po.ta,. pr.paid, .nd .ddr....d .. follow.: Edward L. Schorpp, Eaquire Landia, Black , Schorpp 36 South Hanover Str.et Carlial., PA 17013 Dat.. J.nuary 21, 1997 'jl Jf.~ 5.Jn.._.",(l k...... Hel.ne Eichenwald Loux, E.quire 'I\LI"\O~\PITT\.IOUI'T.AO" 'AUL .. IAU., I III TBI couaT or COIlKO. 'UU 'lalatiff I CUIUI.aLAIID COUllTY, .....YLVAlfIA I v. I CIVIL ACTIO. - UW I UUAllA L. .Ift, I 110, '5-"" CIVIL TIM Defendant I III DlVoaCI CIRTr.rCATI O. slavrcl I hereby certify that on February II ' 1997, a copy of the fore'loin'l document wa. .erv.d on Plaintiff'. attorn.y by U,8. ..U, fir.t cIa.., po.taq. prepaid, and addr....d a. follow.: Edward L. schorpp, Esquire Landi., Black , Schorpp 36 South Hanover street Carliale, PA 17013 Date I February 1+, 1997 ., Eaquir. 'I'LI"~'PITT'PITITION.OII PAUL I. IAUI, I IN Tal COURT 0' COHKOM 'LaAI I CUXIBRLAND COUNTY, 'BKlIYLVAMIA ,laintiff I y, I CIVIL ACTION - UW I I NO, U-U'4 CIVIL TIRII .UIIOA L. 'ITT, I I Defen4ant I III DXYORCI CBRTI'ICATI or SIRVICI I hereby certify that on February,l~ ' 1997, a copy of the foregoing document was served on Plaintiff's attorney by U.S. mail, first class, postage prepaid, and addressed as follows: Edward L. Schorpp, Esquire Landis, Black , Schorpp 36 South Hanover Street Carlisle, PA 17013 Date I February 24, 1997 , ,\lE"\OOM\PI TT\ANIWfR.PO PAUL S. BALAS, Plaintiff v. BARBARA L. PITT, Ocfendant ,.",;-._- .. .,~. - -,_... _..,-. '!_'Y< _ " .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9S-4854 CIVIL TERM IN DIVORCE AND NOW ..11I1't~ ,19H r. ~~ U'cAk ~ Elquire, is appointed master with respect to the foJlo~ing claims: Equitable distribution and divorce. By the Court: ttl<'( f - .w_<"-~_~',,,",_..........,;:-_ 0::,..".....,..;, """"'cu~ r1tm-o,=Flcr; C:: ""': "':~':1 '''),I.'''~''''Y . /'! .' ",1/',1 97 Hf.R -I, FII I::?/ CUi~-".,..:. .) \."-vldy "h,,, /.'\,' I'"~ , \ ~1'1\.jL."'lj,'i/ '. PAUL S. BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION . LAW NO. 9S-4854 CIVIL TERM IN DIVORCE v. BARBARA L. PIli, Ocfendant Paul S. Balu, moves the court to appoint a muter with respect to the following claims: (X) Divorce (X) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion state: (I) Discovery is complete as to the claim(s) for which the appointment of a muter is requested. (2) The defendant hu appeared in the action by her attomey, Luther E. MUspaw, Jr., Esquire. (3) The statutory ground(s) for divorce are irretrievable breakdown. (4) The action is contested with respect to the following claims: Equitable distribution of Plaintiff's military pension and the divorce. (S) The action does not involve complex issues oflaw or fact. (6) The hearing is expected to take ..-'a- day. (7) Additional information, if any, relevant to the motion: None. Date:~ ~ /99'? ~~~~ Edward L. Schorpp, squire Attomey for Plaintiff 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-3727 .~.~,_.... -.. PAUL S. BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. BARBARA L. PIn', Defendant NO. 95-4854 CIVIL TERM IN DIVORCE QJWR AND NOW, this day ofFebruary, 1997, upon presentation and consideration of the within Motion, it is ordered that PlaintiWs Motion for Protective Order is hereby granted and it is held and ordered that Plaintiff is not required to answer or otherwillC respond and is hereby excused from answering or otherwise responding to Defendant's Request for Admission. By the Court: J. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-4854 CIVIL TERM IN DIVORCE PAUL S. BALAS, Plalndff BARBARA L. PITT, Defendant Plaintiff Paul S. Balas moves for the entry ora Protective Order, and sets forth the followins in support thereof: I. On September 12, 1995, Plaintiff filed a Complaint in Divorce raising claims for equitable distribution, alimony pendente lite, alimony, and counsel fees and costs, all of which havc been denied by Defendant. 2. Both parties sisned a document entitled Prenuptial Agreement dated August 19, 1993, the validity and enforceability of which is disputed by Plaintiff. 3. On January 22, 1997, Plaintiffs attorney was served with a Request for Admission which contains nine enumerated requests, all of which relatc to the validity of the Prenuptial Agreement; a copy of said Request is attached hereto as Exhibit "A". 4. The Request for Admission contains numerous conclusions of law and not statements of fact or opinions of fact as required by our discovery rules. 5. Pa.R.C.P. No. 1920.22(a) prohibits discovery in an action of divorce or for claims which have been joined under the Divorce Code unless authorized by special Order of Court. nle only exception to this rule is set forth in sub-part (b) whereby a PAUL S. BALAS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 95-4854 CIVIL TERM IN DIVORCE BARBARA L. PlTI, Defendant AND NOW, this II 1t. day of February, 1997,8 Rule is issued upon Defendant to show cause why Plaintiffs Motion for Protective Order should be not be granted. Rule returnable twenty (20) days from date of service. All discovery stayed meanwhile. BY THE COURT: . J. ~j;i,~~';';'::~:M'-;;;';';;::;;;;J,.:i.~-,::;'.a:..~- '-'-~i~ ;";'--".~"'i[:ll;;,:~"{'""'}iS.~U"';:"~-:"~''-Jf"''.''7:'';G''1'' CJ7H',., i ,i II 13 nLED-0mCE C-~ ~- - I'f~'-.Tl 1nl J.,"t;ny ;i~ I:". : - ':', I! '~, ell>'I, :.' ." ':VIY ;";,t..,,_, ,-.-.J \,.......0.1 I PEt,NSYLWJJ:A put)' may UK interrogatories u of right. 5. Defendant hu not obtained an Order of Court authorizing the use of the attached Request for Admission. WHEREFORE, Plaintiff prays Your Honorable Court to enter a protective order in his favor holdillllllld ordering that Plaintiff is not required to answer and Is hereby excuaed from answering or otherwise responding to Defendant's Request for Admission. Respectfully submitted, LANDIS, BLACK & SCHORPP B_ ~~-- Attorneys for Plaintiff 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243.3727 Date:~-S-9;' """,.-" ,,:-00--___'1 .;,'_'F::-. ~ 1 verifY that the statements contained herein are true and correct. I understand that fallC statements herein are made subject to the penalties of 18 Pa.C.S.A. 14904, relating to unswom falsification to authorities. U?<<-/~ 4-- , Paul S. Balas Dated: G i.J.... '<f 7 ;!. , f , ]--; PAUL 8. BALAS, I 1M THI COURT or CONHOH 'LIA8 'laintiff I CUMBIRLAHDCOUHTY, '...8YLVANIA I v. I CIVIL ACTION - LAW I BARBARA L. PITT, I NO, 15-U54 CIVIL TIM Defendant I IN DIVORCI RIQUIST rOR ADMISSION UNDIR RULI 4014 To Paul S. Balas: You are requested to admit, for purposes of this action only, pursuant to RUle 4014 of the Pennsylvania Rules of civil Procedure: 1, PaulS. Balas did not enter into the Prenuptial Agreement with Barbara L. Pitt as a result of fraud. 2. Paul S. Balas did not enter the Prenuptial Agreement as a reuslt of any misrepresentations by Barbara L. Pitt. 3. Paul S. Balas was not under duress when he signed the Prenuptial Agreement. 4. Barbara L. Pitt fully disolosed her general finanoial position to PaulS. Balas prior to his execution of the Prenuptial Agreement. Exhibit A 5. Paul 5. Balas fully disclosed his general financial position to Barbara L. Pitt prior to her execution of the Prenuptial Agreement. 6. Pauls, Balas was not prevented from seeking the advice of independent legal counsel prior to his execution of the agreement. ,.\lEM\DOM\P'll\REOUESl.ADM 7. Paul S. Balas reviewed the entire Prenuptial Agreement prior to signing it. a, Paul S. Balas fully understood the terms of the Prenuptial Agreement when he executed it, 9. Paul S. Balas was aware of the statutory rights he was relinquishing at the time he signed ths Prenuptial Agreement. You are directed to file an answer to this request, in compliance with Pa.R.C.P, 4014(b), within thirty (30) day after service of this request upon you. Date: January 20, 1997 By: Luther . ilspa "Esquire Attorney 1.0. No. 26 130 state street P.O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Defendant f.\lEM\DOM\PITT\REOUESl.AOM 2 l'AUL 8, BALA8, I IN THB COURT or COKMON l'LIA8 l'laintitf I CUNBBRLAND COUNTY, l'BNN8YLVANIA I v. I CIVIL ACTION - LAW I BARBARA L. PITT, I NO. 115-4854 CIVIL TBRN Defendant I IN DIVORCE CERTIFICATE or SERVICE I hereby certify that on January 21, 1997, a copy of the foregoing document was served on Plaintiff's attorney by U,S. mail, first class, postage prepaid, and addressed as follows: Edward L. Schorpp, Esquire Landis, Black & Schorpp 36 South Hanover Street Carlisle, PA 17013 Date I January 21, 1997 ') / J/: I~ t~~ ''''4,tJ1 ~."". Helene Eichenwald Loux, Esquire ,,\LlN\OOM\P'll\SlQUlSl.AON D. Ili: 13 /gg'M- 'AUL 8, BAU8, & III THI COURT 01' 0011IIO. .LIIA. & CUKBIRLAMD COUMTY, ,."SYLVAMIA & & CIVIL ACTION - UW & & lIO. '5-4854 CIVIL TIRK & III DIVORC. 'laintiff v, BaRBARA L. PITT, Defen4ant AND NOW, this ORDIR day of February, 1997, upon presentation and consideration of the within Motion, it is ordered that Defendant is granted leave of court to take additional discovery and Plaintiff is ordered to answer Defendant's Request for Admission Under Rule 4014. BY THE COURT: J, .. fl\LEM\DOM\PITT\PETITION.DII ,,~_~, ,_";'!' ",..,,-.,,,,,-,e_, .<'.-,i.-~.;.,;-. :..:.rE' . MILSPAW . BeSHORE AnOllNIYI AT LAW 110 ITAlI lnuT P,O, lOX ... 1tA_....... _lnVANIA mile LUllIIIlI. _W. .III. MAIIVIl__ ML A. _VIII ,.,.,. COllI 717 '_71' 'AX, '_711 _I_AID LOUX April a, 1997 I. Robert Ilick.r, II Divorc. ....t.r cwabarl.nd County Court of Coaaon Pl.a. 9 Morth Hanovar str..t carli.l., PA 17013 In r., Paul &. Bala. v. Barbara L. pitt Mo. 95-4854 civil In Divorca Dear Nr, Ilickar, I a. in r.c.ipt of your l.tter of March 10, 1997. Edward L, Schorpp, I.quir. and I have avreed to take no furth.r foraal action in thi. ..tter pendinv our continuinv .attla.ant di.cua.ion.. V.ry truly your., l.paw, Jr. LDljr/jar CCI Edward L. Schorpp, I.quire Barbara pitt P:II.-.-.rrN11JClUlI2.Al'II PAUL S. BALAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. BARBARA L. PITT, Defendant NO. 95-4854 19 CIVIL IN DIVORCE STATUS SHEET DATE: ACTIVITIES: '> '..../1//11 -..... :.Lfi'" .:t.". ./. 0...01 O' DlVOIIOI .aTlII CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Cartlll., PA 17013 (717)240.6535 .. II...... ...11.... II llMHDI Maller TlMI... o.ar... 0IIIDt MMIger/Repolter w... ..... 697.0371 &t.8535 March 10, 1997 Edward L. Schorpp, Eequir. LANDIS, BLACK , SCHORPP 36 South Hanover str..t carliale, PA 17013 Luthar E. Milapaw, Jr., Eaquire MILSPAW , BESHORE 130 Stat. Str..t P.o. Box 946 Harrieburg, PA 17101 REI Paul S. Bala. v.. Barbara L. Pitt No. 95 - 4854 civil In Divorce O..r Mr, Schorpp and Mr. Milspawl By order of Court of Preeident Judge Harold E. sheely dated March 3, 1997, the full-time Maat.r has been appointed in the above referenced divorce proceeding.. A divorce complaint wa. filed on September 12, 1995, raiaing ground. for divorc. of irr.tri.vabl. br.akdown of the marriage and indignitie., Th. complaint al.o rai.ed the eoonomic iaaue. of .quitabl. di.tribution, alimony p.nd.nt. lite, alimony, and coun..l f... and .xp.n..., An anawer wa. fil.d to the complaint on January 9, 1997, The an.w.r contain.d a. an exhibit a prenuptial agreem.nt entered into betw..n the parti.. on Augu.t 19, 1993. Con.equently, be for. directing the filing of pr.-trial .tatementa, I am going to r.qu..t that counsel contact my offic. 10 that a conf.r.nc. can b. soheduled on the issue involving the pr.nuptial agr.em.nt and its relevanoy to the current action b.fore the Ma.ter. Counsel oan bring the parties along to the r Mr, Schorpp and Mr. Milepaw, Attorneye at Law 10 March 1997 Pave 2 confer.nce but ahould eo advi.. each other and the Maeter'. offic. if the partie. are inoluded in the confer.noe. Very truly your., E. Robert Elioker, II Divorce Me.ter vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4854 CIVIL PAUL S, BALAS, Plaintiff BARBARA L. PITT, Defendant IN DIVORCE AND NOW, ORDER O~ 1fT this / (~ It day of , !}-t11A'/-tV"" , 1997, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated December 3, 1997, the appointment of the Master i. vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce, BY THE COURT, ,. P,J, COI Edward L. schorpp Attorney for Plaintiff Luther E. Milspaw, Jr. Attorney for Defendant - ~~"- ~ 1~/",1.'1. ..J .f. \ , ~EPARATION AND PROPERTY SETI'LEMENT AGREEMENT THIS AGREEMENT. made this ~ dsy Ofb.~97, by and between PAUL S, BALAS. ofThrec Thornhill Court, Carlille, Cumberland County, PeMsylvanis 17013, party of the first part, hereinafter referred to as "HUSBAND" AND BARBARA L. PIIT, also known as Barbara L. BalM, of833 Walnut Lane, Carlisle, Cumberland County, PeMsylvanla 17013, party of the second part, hereinafter referred to IS "WIFE". WlTNESSEml WHEREAS. HUSBAND and WlFB were married on August 20, 1993, at the U.S. Army War Colleae located in Carlisle, PeMsylvanla; and WHEREAS. HUSBAND and WlFB are residents ofthe Commonwealth ofpcnnaylvanla and have been aD for at lout the past six months; and WHEREAS. certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS. HUSBAND and WIFB desire to seule and detcnnlne ccrtain of their marital ripts and obligations, and make an equitable distribution of their marital property, waive their rights to alimony and support and any other matters which may be considered under the Divorcc Code; and WIIEREAS.lt Is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all tU' financial and property right. between them; and WHEREAS, the partie. hereto h.vc mutually entered Into an agreement for the dlvlalon ofthelr jointly owned uset., the provisions for the liabilities they owc, and provl.lons for the rClOlutlon ofthelr mutual differcnces, after both have had full and amplc opportunity to consult with their re.pcctlvc allomey., If they so desired, and thc parties now wish to hive thlt agreemcnt reduced to writing. NOW, THEREFORE, the partie. hercto in consideration ofthc mutually madc and to be kept promilCllCt forth hereinafter and for other good and valuable con.ideration, and intendilll to be legally bound and to legally bind their heirs, succes.or., usl8/ll, and perlOW representatives, do hereby covenant, promise and Igree u follows: ARTICLE I SEPARATION AND NON.MOLESTA TION AGREEMENT 1.1 It shall be lawful for HUSBAND and WIFE It all time. hereafter to live aep....tc and apart from each other and to resldc from time to time It such plsce or pllces u thcy ahall reapcctlvely deem fit free from any authority, control, restraint, or interference, dlrcct or indirect, by each other. Each party asrees that he or she will not compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, Each may havc for her or hi. aep....te u.c and benefit the right to conduct, carry on or engagc In any buslne.., profelllon or occupation. Neither ofthc parties .hall, in any way whatsoever, Interfere with thc other's employment or occupation, directly or indirectly. HUSBAND and WIFE shall not molest, harass, f1f 2 disturb, or malign each othcr or the respective famllles, cmployees, or employers of each other. The partlcs are free to mutually and voluntarily make any cfforts to reconciliation u hc, shc or they shall dccm proper. Thc forcgoing provisions, howevcr, shall not be takcn to be an admission on the part of cithcr HUSBAND or WIFE of the lawfulncss or unlawfulncss ofthc causes leading to thcir Ilving apart, and shall not be taken to be an admission on the part of eithcr HUSBAND or WIFE u to whether eithcr party committed descrtion and continues desertion, and nothing contained in this Agrcemcnt is to be decmed to justifY any such continued desertion. ARTICLE U DIVORCE 2.1 This Agreemcnt il not predlcatcd on divorce. It il specifically undcrstood and agreed by and between the parties hcreto and each ofthe said partics docs hercby warrant and rcprcscnt to the other that the execution and delivcry of this Agreemcnt is not prcdicatcd upon nor made subject to any agreement for institution, prosecution, defcnse, or for the non-prosecution or non-dcfcnse of any action for divorce; provldcd, howevcr, that nothing contained in thi. Asrcementshall prcvent or preclude either ofthc parties hcreto from commencing, instituting or prosecuting any action or action for divorce, eithcr absolute or othcrwise, upon just, Icgal and proper grounds; nor to prevent cither party from defending any such action which hu been, may, or shall be Instituted by thc other party, or from making any just or proper defense thereto. It Is warranted, covenanted, and represented by HUSBAND and WIFE, cach to the other, that thil Agreemcnt II lawful and enforceablc and this warranty, covenant, and representation il made for the speclllc purpose of inducing HUSBAND and WIFE to execute the Agreement. HUSBAND and WIFE each knowingly and understandingly hereby waive any and all possible claims that this fcyf 3 Aareement Is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable In whole or In part. HUSBAND and WIFE do each hereby warrant, covenant and agree that, In any poulble event, he and she are and shall forever be estopped from userting any illegality or unenforceabillty u to all or any part of this Agreement. U It Is further specifically understood and agreed that the provisions ofthis Agreement relating to the equitable distribution of property of the parties are accepted by each party u a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce In any other state, country, or jurisdiction, each of the parties to this Aareement hereby consents and agrees that this Agreement and all its covenants shall not be affected In any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Aareement, whether or not either or both of the parties should remany, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. It Is further agreed by the parties that, upon execution, this Agreement shall supersede that certain Pre-Nuptial Agreement between the parties dated August 19, 1993, which Agreement shall be of no further force or effect and shall be deemed null and void III Initio. 2.3 It Is specifically agreed that a copy ofthis Agreement may be incorporated by reference Into any divorce judgment or decree if or whenever sought by either of the parties hereto. Such Incorporation, however, shall not be regarded as a merger,lt being the Intent of the parties to fJ/ 4 pennlt thll Asrecment to aurvive any luch Igrccmenll. ARTICLE IU EOUITABLE DlSTRmUTION OF MARITAL PROPERTY 3,1 The partlel have attempted to divide their marital property In a manner which conforml to the criteria set forth In Section 401 oflhe Pennlylvanla Divorce Code, and taking Into account the following considerations: the length oflhe marriage, the prior maniases of the parties, the Ige, health, station, amount and sources of Income, vocationalskiUl, employability, estate,lIabllltiel, and needl for each of the parties; the contribution of one party to the education, tralnJna or Increased earning power to the other party, the opportunity of each party for future acquisition of capital usetl and Income, the sourcel of Income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution of dlnipatlon of each party In the Icquisition, preservation, depreclltlon, or appreclltlon of marital property, including the contribution ora party u a homemaker; the value oflhe property set apart to each party; the Itandard of living of the partlel established during their marriage; and the economic clrcumltancel of each party, Including federal, state and local tax ramifications, at the time the divialon of the property Is to become effective; and whether the party will be serving u the custodian of any dependent minor children. 3.% The division of existing marital property Is not intended by the parties to constitute In any way a sale or exchange of assets, and the division Is being effected without the Introduction of outside funds or other property not constituting marital property. The division of property under fJ/ 5 this Apeement aha11 be In filUaatlafaction of all riptl of equitable dlltributlon of the partlCl. 3.3 Real PI'QDertv. The partiel confirm that each ofthem own fee almple title to certain real Cltate lpeclfica1ly, WIFE holds fee Ilmple WIFE holdl fee simple title to 833 Walnut Lane, Carllale, Cumberland County, PCMsylvanla, and to 261 SouthwClt Street, Car1Iale, Cumberland County, Pennaylvanla, and 123 Parker Street, Carliale, Cumberland County, Pennsylvania, and 1712 U1Inoll Road, Northbroo1c, lllinoll; and HUSBAND holdl fee almple title to Three ThomhlU Court, Carlialc, Cumberland County, Pennsylvania.... Hereafter, aaid real eltate ahaI1 be and remain the IOle and separate property of the party under whose name the real estate Is titled, lfec of any claim from the other. To the extent that any real estate II presently or hereafter encumbered, the party ownlns luch real estate shall be IOlely relponllble for payment of any IUIIII attributable to said encumbrance(s) and shall indemnity and hold the other party harmleu &om payment of the aame. 3.4 JJle Inlurance. Each party agreel that the other party shall have IOle owncrahlp orallY lnaurance policies owned by the other party. Each party ahaI1 have the risht to borrow, cash In policies, chanse beneficiaries, and exercise any other Incidents of ownership of their reapectlve policies lfec of any risht or claim by the other party. Each party asreel to alan any documentl necessary to transfer ownership In such pollclel to the respcctive party who presently ownl such pollclel. RJf 3.5 6 Penllon and Retirement Fund. Each party agrees that thc othcr party shall retaln IOlc ownership, pOlsesslon and Intcrcst ofany and all rctlrement, pension, profit-sharing or similar fundi or accounts standing solely in his or her name. Each party shall havc the right to borrow, cub in policies, changc beneficiaries, and otherwise exercise any other incidentl of ownership of hll or her respective accounts, funds or policics, free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership or ownership intercst in such funds, accountl or policies to the rcspectivc party who presently owns such. Notwithstanding the provisions ofthe forcgolng paragraph, the parties acknowledgc that HUSBAND is currently a rccipient ofa Unitcd States military pension administcred through the Defcnse Finance and Accounting Servicc and is receiving monthly benefits thereunder. For thc remainder of his life, HUSBAND shall bc entitled to full and complete use and enjoymcnt of aa1d pension free of any claims of WIFE. HUSBAND shall at all times msintain WIFE as thc IDle aurvivor bencficiary under aa1d pension and shall continue to have the cost of aa1d survivor'a bencfltl deducted ("SBP Deduction") from his monthly pension Installment. When a Divorcc Decree Is cntered between the parties, it shall include a specific provision awarding thc Survivor Benefit Plan benefits as defined hereunder, to WIFE, HUSBAND will promptly comply with any request to cxecutc any document necessal}' to maintain WIFE as sole survivor beneficiary and Ihould hc neglect to do so, he hereby guarantees the payment to WIFE following HUSBAND'S death ofthc survivor benefit and indemnifies and holds WIFE harmless from any and a1llos1 she sustains in such cvent. WIFE shall guarantee and make reimbursement to HUSBAND of all SPB deductions deducted from HUSBAND's monthly pension installment from November 1, 1997, and thereafter, attributable to said survivor's benefits; further WIFE shall indemnity HUSBAND 7 ~ from any and all aa1d SBP deduction. incurred to maintain tho .urvivor'. benofit In effect. WIFE'. auarantee and indemnification In this re.pect .hall extend to and include tho fuU remalnlna period of HUSBAND'. naturallifo. Upon tho execution ofthl. Agreement, WIFE .hall place the IUm of Twenty-fivo Thousand (525,000.00) DoUan in escrow with her counsel, Luther E. Mllspaw, Jr., from which ho shall pay to HUSBAND, in advance quarterly payments, tho SBP deduction until llid escrow, together with accrued Interest, Is exhausted. Thereafter, WIFE shall promptly advance quarterly In advanco to said allorney tho full and complete cost of said SBP deduction, and her attorney shall promptly make advance quarterly payment ofthe SBP deduction to HUSBAND for the remainder of his natural life, HUSBAND shall furnish quarterly to WIFE'S attorney, with a copy of his monthly Retiree account statement showing the SBP costs. Said costs arc currently 516g.46 per month, In the event HUSBAND should die prior to exhaustion of tho escrowed sum any remaining balance together with accrued Interest, shall be returned to WIFE. The escrow amount shall be plsced in an Interest-bearing ststus with a reuonablo and prudent rate of return and shall be invested In an Investment authorized under tho PeMsylvania Estates, Probate and Fiduciaries Code. HUSBAND hereby agrees to sign all documents reasonably necessary to Irrevocably continue WIFE as survivor beneflt under his military pension, and further agrees to provide WIFE's counsel copies of any documents reasonably necessary to sccompllsh this Irrevocable designation or election, In addition, HUSBAND hereby agrees to sign a limited or special power-of- attorney granting authority to Luther E, Milspaw, Jr., Esquire as attorney In fact to have WIFE's designation as survivor beneficiary remain irrevocable, Husband's estate shall provide a death certificate to wife within two weeks of HUSBAND's death, r!' 8 from any and allllid SBP deductions Incurred to maintain the survivor's benefit In effect. WIFE'. lUarantcc and indemnification In thls respect .hall extend to and include the full remaining period of HUSBAND' . natural life. Upon the execution ofthls Agreement, WIFE shall place the sum of Twenty-five Thousand (S25,ooo.00) Dollars In escrow with her counacl, Luther E. Milsp.w, Jr., from which he shall pay to HUSBAND, In advance quarterly payments, the SBP deduction until llid escrow, together with accrued Interest, Is exhausted. Thereafter, WIFE shall promptly advance quarterly In advance to said allomey the full and complete cost of said SBP deduction, and her attorney .hall promptly make advance quarterly payment of the SBP deduction to HUSBAND for the remainder of his natural life. HUSBAND shall furnish quarterly to WIFE'S attorney, with a copy of his monthly Retiree account statement showing the SBP costs. Said co.ts are currently S168.46 per month. In the event HUSBAND should die prior to exhaustion of the escrowed sum any remaining balance together with accrued interest, shall be retumed to WIFE. The escrow amount shall be placed In an Interest.bearing status with a rcuonable and prudent rate of return and shall be Invested in an investment authorized under the Pennsylvania E.lltes, Probate and Fiduciaries Code. HUSBAND hereby agrees to sign all documents reasonably necessary to Irrevocably continue WIFE u survivor benefit under hls militll)' pension, and further agrees to provide WIFE'. counsel copies of any documents reasonably necessll)' to accomplish this Irrevocable de.ignation or election, In addition, HUSBAND hereby agrees to sign a limited or special power.of- allorney granting authorilY to LUlher E. Milspaw, Jr., Esquire as allomey in fact to have WIFE's designation as survivor benefielII)' remain Irrevocable. Husband's estate shall provide a death certificate to wife within two weeks of HUSBAND's death, r!' 8 I. i 3.6 Penonal Prooertv. The partica hercto have heretofore mutually agreed upon a divialon of their tangible peraonal propcrty to their mutual aatisfactlon. On and aftcr the date of the execution ofthla Asreemcnt, the peraonal propcrty In the possession of each party ahall be and remain his or her IOle and separate property. Each party hereby waives any claim to ownership of the property In the poaaeaalon oflhe other party. 3,7 Subaeauently Acaulred Prooerty, HUSBAND and WIFE agrcc to waive and relinquiah any and ail right that he or she may now have or hereafter acquire In any real or tangible perlOnal property aubsequcntly acquired by the other party. HUSBAND and WIFE apeclfically agrcc to waive and relinquish any right In such property that may arise aa a result oflhe marriage relatlonahlp. 3.' Motor Vehlclea. The parties each own certain motor vehlclcs, which vehlclea thall remain the IOle and separate propcrty ofthc party under whosc name it is titled. Each party hcreby agrccs to Indemnify and hold the other party harmless from any indebtedness encumbered by his or hcr vehicle. 3.9 Intan,lble Penonal Property, Each party ahall retain aole and aeparate ownerahlp of all intangible asset a currcntly titled under his or her aeparate name, to Include, but not be lIm1tcd to, bank accounts, certlficatcs of deposit, stocks, bonds, accounts rcceivable, negotiable instrumcnts, brokerage "strcet" accounts, mutual funds, and any and all other intangible assell whatsoever. (of 9 Wholeaale Market. Additionally, ownenhlp oftwo tax-free municipal bond funds identified as Vanguard Fund 77 and vanauard Fund 42, which funds are jointly combined In account no. 9888800915, shall be transferred to HUSBAND who shall hereafter be and remain sole and separate owner of said I. funds and the cash and securities contained In said accounts. 3.10 Juslnt... WIFE shall retain sole and separate ownership oflnterestln the business known as Country Heritage Wholesale Markets, Inc., trading as Heritage Productions, Heritage Market of American Crafts, Heritage Market of Distinguished Artisans, and Heritage Cash and Carry ARTICLE IV JELEA:~~:~UPPORT AND ALIMONY SHAND AND WIFE 4.l The parties herein acknowledge that by this Agreement they have been respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support In the station of life In which they are accustomed. HUSBAND and WIFE do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. u HUSBAND and WIFE specifically waive, release and give up any rights for alimony pursuant to Chapter 5 of the Divorce Code. @'f 10 ARTICLE V DEBTS OF TilE PARTIES 5.1 Each party represents to the other that except u otherwise specifically act forth in thla Aarcement, there are no outstanding obligatlona of the parties, that slncc the separation neither party baa contracted for any debts for which the other will be responsible and each party Indemnlllea and holds harmless the other for all obligations separately incurred or assumed under thla Agreement. The parties acknowledge that all loans, notes or other obligations created under or pursuant to the Prenuptial Agreement between them dated August 19, 1993, and all amendmenta or additions to said loans, notes or other obligations, to the extent not already voided or forgiven, are null and void ab initio and of no further force or effect. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND hu employed and had the benefit of Edward L. Schorpp, Esquire, and Maria P. Cognetti, Esquire, u his attorneys. WIFE hu employed Luther E. Milspaw, Jr., Esquire, as her attorney in cOMection with this matter. Each party acknowledges that he or she has received or has been advised to receive independentlega1 advicc from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it Is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue (YJ II Influence, and that It Is not thc result of any collusion or Impropcr or IIIcgal agreement or aarccments. Thc rcspective parties do hereby warrant, represent and declare and do acknowledgc and agrec that each Is and has been fully and completely infonned of, and Is familiar with and cognizant of, thc wealth, real andlor personal property, estatc and assets, earnings and incomc oC the other as set Corth In this Agreement, and that each has made a full and complete dlsclosurc to the other oChis and her entire assets and liabilities, and any further enumeration or statement thcreoCln this Agreement Is hereby speclflcally waived, and thc partlcs do not wish to make or append hereto any further enumeration or statement. 6.2 Counsel Feea. Each party sgrets to bc responsible Cor his or her own legal Ceca and expcnacs incurred since thc datc oCthe marriage, and each party hereby agrees to waivc any claim Cor alimony, alimony pendentclite, counsel Cees, expenses or costs. <<i.3 Mutual Releasea and Walven. A. Except as provided Cor in this Agreement, HUSBAND and WIFE each Corever release, remise, discharge and quitclaim thc other and the estate ofthc other, for all time to comc and for all purposes whatsoever, from any actlon of any nature whatsoever In law or in equity, and Corever releasc, remise, dlschargc and quitclaim thc other and the estate ofsuch other, Cor all time to come, and Cor all purposes whatsoever, oC and Crom any and all rights, titles, Interests, or claims In or sgalnst the other, or in or to the real, personal and/or mixed property ofthe other (including Income, appreciation, and gain Crom property hereafter accruing), and all rights, titles, Interest and claims which he or she now has or ever may have In and/or to the other's estate, and 12 ~ each and every additional right, title, Interest and claim he or she hss or ever may have against the other, hi. or her heirs, cxecutors, aclmlnistrators, and assigns, cxctpting only the obligation., right. and claims imposed or inuring to the benefit of either of the parties by reason ofthe tcrma ofthls Agrcement. Esch of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or usigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. B. It i. further specifically understood and agrced by and between the parties hereto that WIFE and HUSBAND accept the provisions made and set forth in thl. Agreement by HUSBAND for WIFE and/or WIFE for HUSBAND, in lieu of and in full seulement and satisfaction of any and all of WIFE'S rights against HUSBAND or HUSBAND'S rights against WIFE for any put, present and future claims on account ofsupport and maintenance or any othcr right or interest arising out of the marriage, that it I. specifically understood and agreed that the payments, transfers and other considerations herein recited 10 comprehend and discharge any and all such claims by WIFE against HUSBAND, and HUSBAND against WIFE, and are, inter alia, in full seulement and satisfaction and In lieu of HUSBAND'S and WIFE'S past, present and future claims against each other on account of maintenance and support, alimony, and also alimony pendente lite, counsel fees, costs and expenscs and any other charge of any naturc whatsoever arising out of their marital relationship and/or pertaining to any divorce proceedings which have been or may be instituted by WIFE in any Court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may have been or may be instituted by HUSBAND in the Court In the Commonwealth of (fP 13 PCMsylvanll or any othcr jurisdiction or any other counsel fecs, costs and expenses Incurred or to be charSed by any counselor arisinSln any manner whatsoever. C. WIFE and HUSBAND Igrce that ncither party may apply to any Court for a modification of this Agreement, with rcspcct to alimony, distribution ofpropcrty, or otherwise, whethcr pursuant to thc Divorce Codc or any other present or futurc statutc or authority. Except u provided in this Asrccmcnt,It shall bc the solc rcsponsibility of WIFE and HUSBAND to sustain thcmselvcs withoutseckins any support from thc other party from the date ofthe execution ofthis Asrccment. In thc cvent that cithcr ofthc partics shall ncvcrthclcss seck such I modification, that party shall indemnity and hold the other party hannless from and asainst any Iou rcsultins thcrefrom includinS attomcys' fecs and costs. D. Relea.e or Testamenta." HI.hts, Except u provided for in this Agreement, each ofthc parties hcreto shall have thc risht to dispose of his or her property by Lut Will and Testament, or othcrwise, and cach of them agrees that the cstatc ofthc other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto u If the decedent had been the last to dic. This provision i. intcnded to constitute a mutual waivcr by the partlcs of any rishts to take against each other's Lut Will. under thc present or future laws of any jurisdiction whatsoever and Is intended to confer third party bcneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire In and by his or her Last Will and Testament; and each ofthe parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had ff 14 HUSBAND or WIFE died during the lifetime ofthe other; and that neither HUSBAND or WIFE will claim aaalnst or contest the Will and the estate of the other. Each ofthe parties hereby relC1101, relinquishes and waives any and all rights to act u executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further r.ovenants and aarees for hlmsclf and hersclf and his or her heirs, executors, administrators and lllians, that he or she will never at any time hereafter sue the other party or his or hcr heltl, executotl, administrators, or aslgns, for the purpose of enforcing any ofthe rights relinquished under this Paragraph. E. Each party rcleases the othcr party from any and all claims under the Pre-Nuptial Agreemcnt bctween thcm dated August 19, 1993, which Agreement is null and void IILiDIlkl and of no further force or effect. 6.4 W.rnntIH. Each party represents that they have not heretofore Incurred or contracted for any debt or liability or obligation for which the estate of the othcr party may be responsible or liable, except u may be provided for in this Agreement. Each party agrees to indemnifY or hold the other party harmless from and against any and all such debts, liabilities or obligations of each "fthem, inclu<ling thosc for necessities, exccpt for the obligations arising out ofthll Agreement. HUSBAND and WIFE each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmlcss and keep the other indemnified from all debts, chargel, and liabilities incurred by the other after the execution date ofthls Agrecment, except u is otherwise specifically provided for by the terms of this Agreement, and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. p IS 6.5 No 0/'111 Modlnratlon. No waiver or modlllcatlon of any of the terms ofthls Aareement aha1I be valid unle.. in writing and slaned by both parties, and no waiver of any breach hereof or defiult hereunder aha11 be deemed a waiver of any subaequent default of the lime or a1m1lar nature. u Coqpel'lltlon In Eurutlon or Doruments. HUSBAND and WIFE covenant and agree that they will forthwith execute any and all written instruments, aslgnments, relcuca, aatiafictlona, deeds, notes or such other writings a may be necesaary or dealrable for the proper implementation of this Asrecment, and a their respective counsel aha11 mutually aaree ahould be 10 executed in order to carry fully and effectively the terma of this Asreement. 6.7 Pennsylvania Law Shall Govern. This Asreement ahall be conatrued In accordance with the laws of the Commonwealth of Pennsylvania which are In effect a of the date of execution of thIa Asrccmcnt. U Blndln. Effect. This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and aslans. 6.9 Entire A.reement. This Asreement constitutes the entire understanding ufthe partie. and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16 f UO Sever.bllltv, If any term, condition, clause, section, or provision of this Aarccment 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 Ajreement shall be valid and continue in full force, effect and operation. Likewise, the liUure of any party to meet his or her obligation under anyone or more of the Articles and Sections herein ahaIlln no way void or alter the remaining obligations of the parties. Ul Equitable Distribution Under Divorce Code, It is specillcally understood and agreed that this Aarccment constitutes an equitable distribution of property, both real and personal, which wu legally and benellcially acquired by HUSBAND and WIFE, or either of them, durinl the marriase, u contemplated by the Divorce Code of the Commonwealth ofPeMsylvanla. U2 Disclosure. The parties warrant and represent that they have made a full disclosure of all uscts prior to the execution oflhls Agrcement. U3 Enrorcubllley and Conslderallon. This Agreement shall survive any action for divorce and decrce of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either HUSBAND or WIFE until It shall have been fully satlslled and performed. The consideration for this contract and Agreement is the mutual benellts to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The 17 fjf , adequacy oCthe consideration for all agreement. hercin contained i. .tipulated, confcued and admitted by the pll1lCl, and the pll1le. intend to be legally bound hereby. 6.14 Amd."u. oreonlent.ln eOMcctlon with the divorce action Instituted by HUSBAND, each pll1y agree. to execute and dell vcr all documents, lncludlnr but not limited to Affidavit. of Consent and Waivers of No lice, to HUSBAND'S counsel. Said documcnt. shall be executed concurrently with the execution ofthls agreement and shall be promptly delivered to HUSBAND'S counsel to pennlt the entry ora final decree in divorce. IN WITNESS WHEREOF, the pll1ies hereto have set their handl and seal. the day and year first above written. WITNESSt ~~~: &:~ /I~Af Paul S. Bala. ~" L f&Ld~ Barbara L. Pitt, also knowa u Barban L. Batu ~ 18 , . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) ) ss. ) nthl.,the~daYOf_~ .1997beroreme,~ the under.lgned officer, perlOnally appeared LTC PAUL S. LA 0 to me or aati.ractorily proven to be the perlOn whose name I. IUbacribed to the foreaolnaln. ment and acknowledged that he executed the foregoing for the PUrpOICl therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial aeaI. ~ NOII~II8t11 SUBAn K. GIIYlr. NolIIY PubIo COlllslo UOIO. cumbl~lrid Mv CommISsion E'PIrII8tpl~ em ltlr.ll"nn~yl'WIUlIA no COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~",'" ) ) ss. ) .! On thl., the \ ,~ day of ~ c.~.....'cW" . 1997 before me, ,"C.~. \~\(!.~ the undel'llgned officer, perlOnally appeared BARBARA pm. aIIo bOWD II BARBARA 1.. BALAS, known to me or satlsractorily proven to be the perlOn whose name I. IUbscribed to the foregoing instrument and acknowledged that she executed the foreaoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial aeaI. ~ NoWiallll8l JcIl\I M, Rltrta.l. Nalary Public Harrlaburg, Oluphlo County Mv Commlsalon expire. Jon. 22, ~OOl Mllmber, Ptnnsvlvanl. AssociJIIOn 01 NOlanes 19 ...... JAUL .. .au. , I III '1'H. COURT or COIlKOII 'LIa' nalDtlfr I CUMB..LaID COUll'l'V, .....VLV..I. I v. I CIVIL aOTIO" - uw I unaD L. .1'1''1', I 1t0. fI-ta" OIVIL T.U Deren4ant I lit DIVOIlC. RULI TO 8HOW caU8. AND NOW this ~ day of February, 1997, a Rule is issued upon Plaintiff to show cause why Defendant's petition for Additional Discovery in Accordance with Pa.R.C.P. 1920.22 should not be granted. Rule returnable twenty (20) days from date of service. BY THE COURT I J. r:: ~ ~ .,.,1<::1 I ~~~:' w ~":'I f2... :- ~ .f ~ \- --n .1. ~i:. ~ ~ ;;1 ~ ~ f I \lEM\OCM\PII1\PEII 'IOH .011 . , ' paUL 8. .aU8, I III THI COURT or COKKOII PLI.. Plaintiff I OUIIBIRLAlfD COUIfTY, ....nLVUU I v. I CIVIL ACTIO" - UW I BallaD L. PITT, I NO. u-..u CIVIL '1'111I Deren4.nt I IN DIVOIlCI 'ITI'1'ION rOR ADDITIONAL DI8COVIIlY IN ACCOIlDANCI WITH ...R.C.'. 1'10.11 Defendant Barbara L. pitt by her attorney Luther E. Milspaw, Jr., Esquire, seeks to take additional discovery in the present proceedings by way of Request for Admission Under Rule 4014, and files this petition requesting leave of court to take additional discovery, and avers in support hereof that: 1. Plaintiff is Paul S. Balas, an individual residing at Three Thornhill Court, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Barbara L. Pitt, an individual residing at 833 Walnut Lane, CarliSle, Cumberland County, Pennsylvania. 3. Plaintiff filed a Complaint in Divorce raising claims for equitable distribution, alimony pendente lite, alimony, and counsel fees and costs on September 12, 1995. 4. The parties executed a prenuptial Agreement, dated August 19, 1993. The Prenuptial Agreement, pursuant to its terms, constitutes a settlement agreement between the parties as to all matters set forth therein, inClUding, but not limited to, equitable distribution of marital property, support, maintenance or alimony (including temporary alimony, alimony pendente lite, permanent 'l\lEM\OOM\P'll\PElllION.OIS . ' , WHEREFORE, Defendant respectfully requests that she be granted leave of court to take additional discovery and Plaintiff be ordered to answer Defendant's Request for Admisllion Under Rule 4014. Respectfully submitted, Date I February 11, 1997 'l\lEM\CCM\Plll\PElllICM,OII 3 .' " ~I'''''''''~ lI..m." Ill" "01 liD @ '1 ,. PRIHUPTIAL AORIIIIIN'l' THIS AGREEMENT is lIIade and entered into on August 19, 1993, by and between Paul S. Balas, SSN 200-01-2351, (hereinafter called "Paul"), and Barbara pitt, SSN 538-34-8684 (hereinafter called "Barbara") . 1. MARRIAGE. The parties plan to marry each other. Each own. real and per.onal property and bUlline.s interest. acquired before execution of this agreement and each intends to provide in this aqreement for all of the real and personal property, busine.s interests, and other rights, (hereinafter "property"), that may ari.e becau.e of the contemplated marriage. 2. CONSIDERATION. The parties acknowledge that the provisions of this agreement are adequate consideration to support . the agreement, and each intends to be legally bound hereby. 3. PAUL'S PROPERTY. (a) All of the property now owned or hereafter acquired by paul shall remain his sole and separate property throughout the marriage, except as provided in this agreement. Barbara shall not claim or acquire any interest in any of Paul'S property on account of increases in value during the marriage or for any reason. Paul reserves the right to make gifts to Barbara of property during the marriage, but gifts shall not constitute an amendment to or other change in this agreement except as to such gifted property. (b) All of the household goods and furnishings which Paul shall bring to the marital residence, with the exception of those items which are separately listed as an Exhibit to this Agreement, .hall be con.idered a gift by Paul to Paul and Barbara and be held a. joint owner. with right of eurvivorship. The property .eparately listed shall be considered Paul's separate proparty for purposes of conveyance at such time as Paul deems appropriate to hi. son John Thomas Balas. 4 . BARBARA'S PROPERTY. (a) All of the property now owned or hereafter acquired by Barbara .hall remain her sole and .eparate property throughout the marriag., except a. provided in this agraement. Paul shall not claim or acquire any interest in any of her property on account of increa.e. in value during the marriage or for any reason. Barbara re.erve. the right to make gifts to Paul of property durinq the marriage, but the gifts shall not constitute an amendment to or other chanqe in this agreement except as to such gifted property. (b) All of the household qoods and furnishinqs which'Barbara shall brinq to the marital residence shall remain the separate property of Barbara and not be considered the joint property of the parties, except for such items as shall be clearly qifted by Barbara to Paul in any separate writing dated hereafter. 5. CONTRIBUTIONS TO SEPARATE PROPERTY. No contributions of either party to the care, maintenance, improvement, custody or repair of the separate property of the other party, whether such contribution be in the form of money, property or personal services rendered, shall in any way alter or convert any such property, or any part or portion of said property, to other than separate property of the party. The parties further agree that any 2 . ' ., contributions rendered by either party to such care, maintenance, improvement, custody or repair of the separate property of the other party shall become part of the separate property of the party owning the affected separate property without claim for reimbursement. 6. JOINT PROPERTY. (a) If the parties acquire property jointly, the property shall be held by them as provided in the instrument conveying or evidencing the title to the property, and except .. provided in this Agree.ent, if the instr\1lllent does not specifY otherwise, or if there i. no instrument, real property shall be held as a tenancy by the entirety, and personal property as joint owners with right of survivorship. Upon the death of the first party to die, the surviving party shall become the sole owner of any such property with no duty to reimburse or otherwise compensate the aeceased party. In the event of divorce, 8uch property shall be divided between the parties on the basis of their respective contributions to the acquisition of the same. (b) Barbara presently owns three parcels of real estate: A condominium with an address of 5 Garland court, Carlisle, cumberland County, Pennsylvania; a rental property with an address of South West street, carlisle, Cumberland county, Pennsylvania, and a cottage located near Caledonia state Park in Green Township, Franklin county with an address of 240 Perry Road, Fayetteville, Pennsylvania. Paul owns a condominium located at 23 Cliff ton Terrace, CarliSle, Cumberland county, Pennsylvania. It is the 3 parties intention to liquidate their pre.snt real estate holding. and have purchased a new parcel of real estate located at 833 Walnut Lane, Carlisle, Cumberland County, Pennsylvania for use a. the marital residence. said real estate is to be titled in Barbara'. name alone so as to permit Barbara to take full advantage of the one time residential real estate capital gains exemption provisions of the Federal Internal Revenue Code. In order to obtain the funds to purchase her interest in the parcel, Paul shall loan Barbara the sum of $100,000.00 which will be represented by . separate note executed simultaneously with this Agreement, .aid note to be payable at such time as Barbara has sold sufficient of her real estate holdings to redeem the note. The parties agree that upon the liquidation of their respective real estate holdings, the full amount of the proceeds of the sale of such real properties ehall be deposited in either of two tax free municipal bond fund. presently owned by PaUl, and identified as Vanguard Fund 77 and Vanguard Fund 42. Paul shall take all Duch actions as are necessary to convey full title and ownership of such funds from him alone to him and Barbara. In the event of Paul's death prior to the death of Barbara or in the event that there is a marriage dissolution as defined in paragraph 15 of this agreement, Paul's entire interest in the marital residence and the Vanguard Funds shall be the sole property of Barbara without any claim by any of the heirs or assigns of Paul. In the event of Barbara'S death prior to the death of PaUl, Barbara's entire interest in the marital residence and in the 4 municipal bond funds aforesaid, as measured by the respective parcsntage of her contributions to the marital residence purchase and the municipal bond funds, compared with the contribution of Paul, shall be deemed her separate prqperty. 7. DISPOSITION OF PROPERTY. Each party retains the managsment and control of the property belonging to that party and may encumber, sell or dispose of the property without the consent of the other party. Each party shall execute any instrument necessary to effectuate this paraqraph on the request of the other party. If either party does not join in or execute an instrument as required by this paragraph, the other party may sue for specific performance or for damages, reqardless of the doctrine of spousal immunity, and the defaulting party shall be responsible for the other party's costs, expenses and attorney's fees. This paragraph shall not require a party to execute a promissory note or other evidence of debt for the other party, but if such a note or other evidence is executed, the other party shall indemnify and hold harmless the party executing the note or other evidence of debt from any claims or demands arising from the execution of the instrument unless both parties own some interest in the asset securing the debt. Execution of an instrument shall not qive the party executing it any right or interest in the property of the party requesting execution. 8. ESTATE/DEATH. Except as provided to the contrary herein, each party consents that the estate of the other may be disposed of by will or codicil to the devisees of the other party or, in the 5 absence of a will, the estate or each party shall descend to the heirs of that party as if the marriage had not taken place. Each party waives "all rights" that the party would have as a surviving spouse in the estate of the other party under the laws of any jurisdiction, including but not limited tOI rights to act as personal representative; rights as intestate successor; rights a. a preter1llitted spouse; rights to homestead property; rights to exempt property I rights to family allowance; rights to take an elective share; rights to object or to avoid any charitable donation; rights to dower; rights to curtesy I rights to community property; rights to quasi-community property I and rights to receive benefit. under any will executed prior to this agreement. Thi. waiver is of all rights (of a surviving spouse) now existing, or that may hereafter be conferred on either party by any jurisdiction, whether by statute, court decision or otherwise. Each or the parties has an existing will that shall remain in effect, regardless of the marriage, until changed by that party. Neither party intends by this agreement to limit or restrict the right to give or receive a testamentary gift from the other. Either of the parties may elect to make a gift to the other by will without invalidating this paragraph and may thereafter change or eliminate the gift by a codicil or another will without in any way affecting the continued effectiveness of this agreement, 9. NO TESTAMENTARY CONTEST. Neither party shall contest the validity of any will of the other party, including any will existing as of the date of this agreement and any will that may 6 . ' h.reafter be .ade, and .ach party .hall p.rmit any such will of the other party to b. probated and letters of administration to i.su. th.reon. 10. DEBTS. N.ither party shall assume or become re.pon.ible for the paYlll.nt of any preexistinq debts or obl1qations of the other party b.cau.e of the marriage. N.ith.r party shall do anythinq that would cause the debt or obligation of on. of th.m to be a claim, demand, lien, or encUlllbrance against the prop.rty of the other party without the other party'. written cons.nt. If a d.bt or obliqation of on. party i. ....rt.d as a claim or d..and against the prop.rty of the oth.r without the writt.n con.ent of the oth.r, the party who is responsible for the debt or Obligation shall ind.mnify .nd hold the oth.r party harmless from the claim or d..and, including the indemnified party's costs, exp.ns.s and attorn.y's f.... 11. COUNSEL. Each party has had l.gal .dvice and an opportunity to consult independent counsel, understands this agre.ment .nd has b..n informed about the party's l.gal riqht. and obliqations under this agreement or arising because of the contemplat.d marriaqe b.tween the parti... 12. FINANCIAL DISCLOSURE. The parties have revealed to .ach oth.r full financial information regarding the net Worth, asset., hOldinqs, income and liability of each. The parties have .xchang.d current financial information prior to the execution of this aqreem.nt and each party has received a satiSfactory disclosur. of the financial condition of the other party. Each party recogniz.. 7 that the estate of the other may be increased by reaeon of earnings, investments inheritances, gifts, etc., and each acknowledges that he or she would make this agreement regardless of the value of such additions. 13. CHILDREN. Each party agrees that none of their children or grandchildren or any other individual shall live in the marital residence of the parties. 14 . BARBARA'S BUSINESS. Barbara currently conducts a business out of her home and it is contemplated that this busine.s will continue to be operated out of the lIIarital residence, and Paul consents and agrees to the continuation of such an arrangement without the payment of any separate consideration therefore. 15. MARRIAGE DISSOLUTION. Except as provided elsewhere in this Agreement, in the event there ehould be a termination of the contemplated marriage by divorce, separation, annulment dissolution or otherwise, or a marital separation, whether with or without cause or by mutual consent, the parties agree as followsl a. This agreement shall be construed as a settlement agreement in the event of a dissolution of the marriage of the partie. and shall not be subject to modification by the final jUdgment or thereafter. It is the expressed intent of both partie. that there be no modification of this agreement whatsosver (unless agreed to in writing by both parties) inclUding, but not limited to, any lIIodification due to change or circumstances, In the event of any proceeding to terminate the contemplated marriage or otherwise create, extinguish or define the rights of the parties 8 with respect to the subject matter of this agreement, both parties .hall be obligated to introduce this aqreement (or a true copy hereof) into evidence. b. The parties each shall retain their separate property and there shall be no division or apportionment of .uch property. property owned as joint tenants with right of survivorship or as tenants by the entireties shall be divided in proportion to the partie.' respective contributions thereto. All debt. and liabilities reasonably related to the marriaqe relationship shall be borne by the party re.ponsible therefor by law; and all other debt. and liabilities shall be borne by the individual who incurred such debts and liabilities. Each party waives the right to claiml a special equity in the party's jointly owned property; a community property right; a quasi-community property riqht; and riqhts to an "equitable distribution" of property as that term is usee! in the context of a dissolution of marriage. The waiver in this subparagraph includes all riqhts now existing and aU that may hereafter be conferred on either Party by the laws of any juriSdiction. c. To the extent allowed by law, each of the parties hereby .pecifically waive any obligation of support, lIIalntenance or alimony (whether temporary, pendente lite, permanent, rehabilitative, periodic, or lump sum) that either party lIIay be entitled to from the other as provided by law and each agrees not to institute any action at any time to secure such support, maintenance or alimony in any jurisdiction. This subparagraph 9 shall not be construed to prevent either from voluntary contrlbutinlJ to the support of the other, but it is intended catelJorically to relinquish any rilJhts either may have or acquire for support of any kind from the other. The waiver in this subparagraph includes all rights now existing and all that may hereafter be conferred on either party by the law. of any jurisdiction. d. Neither party shall have any claim alJainst the other for attorney's fees and expenses incurred in connection with said divorce, annulment, di8so1ution, or marital separation. e. To the extent that any court awards either party any sums to be paid by the other, the party in favor of whom the award is made separately agrees to indemnify, reimburse and hold harmless the party against whom such award is made for the amount of such award. This indemnity may be enforced in a .eparate action and, notwithstanding provisions herein to the contrary, such party shall also have a claim in the estate of the party benefits for the amount of the award plus lelJal interest plus attorney's fees. 16. SEVERABILITY. If part of this alJreement is adjudged invalid, the remaining parts are not affected. 17. ENTIRE AGREEMENT. This instrument contains the entire alJreement between the parties and shall not be chanlJed except in writinlJ signed by the parties, No representation or agreement that is not incorporated in it is valid. 18, GOVERNING LAW, This agreement shall be governed by Pennsylvania law, whether either or both of the parties are 10 ---> '--"-r-"'-_;.__:--_ct~~.ii' t.mporarUy or p.nanently r.siding or domicU.d in any oth.r juri.diction, and this agr.ement shall not in any way b. affected or .odifi.d because of a change in r.sidenc. or do.icile of .ither party. llI. FURTHER ASSURANCES. Each party st'all .x.cute any instrument. or documents at any time r.qu.sted by the oth.r party that are n.c..sary or proper to effectuate this agr....nt. 20. NO OTHER BENEFICIARY. No per.on shall have the right or caus. of action ari.ing or resulting from this agr..ment exc.pt those who ar. partie. to it and th.ir succ.ssors in inter.st. Furth.nor., this agre.m.nt shall b. bindinCJ upon the part i.. h.r.to, th.ir successors in interest, heirs, d.vi...., distribut..s, assigns, guardians, and personal repr.sentativ... 21. ATTORNEY'S FEES. Attorn.y'. f... shall b. award.d against any party chall.nging the validity of this avr..ment whether b.for. or aft.r d.ath of either party and wh.th.r or not .uch chall.nge or claim is successful. 22. SECTION TITLES. section titles are inserted as a .atter of convenience, and shall not be interpreted to define, limit, extend, or describe the scope of any provision of this agreem.nt. 23. OTHER ACKNOWLEDGMENTS. Each party acknowl.dg.s that h. or shel (a) Has read this Bgreement in its entirety. (b) Has sufficient knowledge of the character and possible value of the property of the other, (c) Has been a(forded access to such financial information 11 .' r.l.ting to the other .. h.. rea.onably b..n requa.t.d. (d) Ha. be.n fully advi.ed by indep.ndent coun..l, chosen by such party, conc.rning l.gal rights and oblig.tion., including those which would otherwi.e be in eff.ct b.tw.en the partie. if thi. .qr....nt were not .ign.d. (.) Ha. enter.d into this agre.ment fre.ly and willingly, without co.rcion or undue influence, and upon full and mature consideration. IN WITNESS WHEREOF, each of the parties ha. .igneel thi. .qr....nt on the elate fir.t above written, int.ndinq to be l.g.lly bound hereby. ~~. PA s. BALAS 4-iUtA (if ~AJUlARA PITT fr)~~ l2 ., t' '" , ;" , " ,. " .4' , .i' .. . 1"',' '":'t ,,- 'I, . "r-', .,' ," . ,',;j,t" . t. . '. - ~ ~~.... .;. ...... ". .:;;.,:...... 32. ROSENTHAL. PL.ATE '... 33. VINE PL.ATE " . 34. FRIAR BOOK ENDS, TWO ONE HOL.DING BOOK OTHER A VESSEL. 3~. NORMAN ROCKWEL.L. PL.ATES, FOUR PL.ATES 36. SHEEP HERDER PICTURE, OIL. PAINTING 37. TOWN BY RIVER WITH BRIDGE, OIL PAINTING 38. MOUNTAIN BUIL.DING, TWO OIL. PAINTING 39. DEACONS BENCH, ABOUT 1890 40. CHERRY BEDROOM SET USED BY MY PARENTS, FIVE PIECES 41. CEDAR CHEST 42. SNOW SCENE COUNTRY ESTATE, OIL. PAINTING 43. OAK CHAIRS, BLACK WITH GOL.D AND SIL.VER TRIM, THREE 44. THISTL.E PATTERN UMBREL.LA VASE 45. FATHERS DESK 46. WOODEN PLATES WITH CHURCH PAINTED IN CENTER, TWO PL.ATES 47. MOTHER'S AL.UMINUM ROUND TRAY 48. INNSBROOK BEL.L. ..ON WOODEN SUPPORT 49. BOOkCABES, DARK FINISH, TWO CASES ~o. KITCHEN TABL.E AND CHAIRS ~1. SMAL.L BOOK CASE WITH IN LAID WOOD, REFINISHED BY FATHER ~2. OIL PAINTING OF ZION, PAINTED BY TOM BAL.AS n fC,11(.. j j",r/.. AW ~. ~ ~. ..'1.... ." ",g! t-. .., to- N.I , '. " .. , ..... .~,I ., .- ,~, . '- ..-0 .' . '- . >' t., ~..~;r.., .~.., I.... .,' .,.! :~"'\.~\"'~"':~(;.:~"rl-rl.'" , . .~~ .. :rl.1;~, t::....'1lI '.. , . , ,',. .'to.. ......... ;_' .4...:.; .'. " ., , JOHN THOMAS. BAL.AS . , .', t~' , .. ." . / .i~;~ I , . THIS IS A L.IST OF HOUSE HOL.D ITEMS THAT WOUL.D L.IKE FROM PAUL S. BALAS' ESTATE 1. GRANDFATHER CLOCK 2. GOLD MANTAL CLOCK 3. CURIO CABINET WITH LIONS HEAD 4. MEISSEN A. VASE B. SOUP TUREEN. .500 VALUE C. PLATTER D. DISH E. PITCHER F. COCOA PITCHER G. SUGAR BOWL. 5. SOAP STONE VASE WITH FLOWERS AND DRAGON 6. OLD HAND IRON 7. HUMMELS A. GIRL WITH CHICKEN B. BOV WITH SHEEP C. CHIMNEV SWEEP D. BOV WITH BOOK BAG E. GIRL WITH BOOK BAG F. BOV ON ASHTRAV WITH BIRD e. WOMAN WITH TWO DOGS WALKING 9. SPANISH DANCERS (MAN ~ WOMAN) 10. BALLERINA 11. MAN WITH WHITE HAT 12. WOMEN WITH BONNET 13. TWO SETS OF COUPLES DANCING 14. WEDGEWOOD A. TWO VASES B. TEAPOT C. THREE PITCHERS D. PLANTER F. SUGAR BOWL 15. CUT GLASS BOWL (BLUE ~< CLEAR) 16. CUT GLASS VASE (PURPLE ~ CLEAR) 17. CUT GLASS DECANTER (BLUE ~ CLEAR) 18. COFFEE TABLE. WITH IN LAID WOOD CASTLE 19. END TABLES. WITH IN LAID WOOD MAN ~ WOMAN, TWO TABLES 20. THREE INLAID WOOD PICTURES OF THE CITY OF ROTTENBURG ~ AND ONE INLAID WOOD PICTURE OF A WATER MILL IN WINTER '21, MILLITARY BEER STEIN. NINE :3TEINS 22. BEER STEINS. TWO STEINS 23, HUNGARIAN URNS ROSE COLORED, TWO URNS 24. JOHN PEEL PITCHER (HUNTING SCENE) 25. DELFT PITCHER 26, ~IARBLE TOPPED TABLE. L850 1'1Y GRANDPAREI~TS 27, ~IIRROR FRAME IN Hr)LL 28. ROSEtHH.:\L NUDE Wml~N 29, n.v BOWL 30, FRENCH PLATTERS. .JOHtISON BROTHEr,. GOLD TR tM PLATTERS, TWO 31, DOGWOOD PLATE EXHIBIT A STATB OF PENNSYLVANIA COUNTY OF DAUPHIN . . : SS I On this, the ~ day of Auqust, 1993 before me, the under.iqned officer, personally appeared PAUL S. BALAS and BARBARA PITT, known to me to be the persons whose name. are subscribed to the foregoing instrument and acknowledged that they executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set lilY hand and notarial seal. Ov(u - Notary Public l'..~~~"&.11 I ." r.......U..Lt.B .. .,l .Ult."~1 ..",.... 11"1 "l~nIlO @ . JAUL .. .au. , I III '1'HI COURT or 00101011 .LlU PlalDtiff I OUKIIRLAIID COUll'l'Y, .....VLV..IA I v. I CIVIL ACTIO" - LAW I IADARA L. PITT, I "0. n-us. CIVIL TIU DefeD4aDt I IN DIVORCI ..OUE8T rOR ADIII88ION UNDER RULI .014 To Paul S. Balas: You are requested to admit, for purposes of this action only, pureuant to Rule 40U of the Pennsylvania Rules of civil procedure I 1. Paul S. Balas did not enter into the Prenuptial Agreement with Barbara L. Pitt as a result of fraud. 2. Paul S, Balas did not enter the prenuptial Agreement as . reuslt of any misrepresentations by Barbara L. pitt. 3. Paul S. Balas was not under duress when he signed the Prenuptial Agreement. 4. Barbara L. pitt fully disclosed her general financial position to Paul S, Balas prior to his execution of the prenuptial Agreement. 5. Paul S, Balas fully disclosed his general financial position to Barbara L, Pitt prior to her execution of the Prenuptial Agreement, , 6. Paul S, Balas was not prevented from seeking the advice of independent legal counsel prior to his execution of the agreement. , I \lEM\OOM\PI Il\REOUESI,ADM 7. Paul S. Balas reviewed the entire Prenuptial Agreement prior to signing it. 8. Paul S. Balas fully understood the terms of the prenuptial Agreement when he executed it. 9. Paul S. Balas was aware of the statutory rights he was relinquiShing at the time he signed the Prenuptial Agreelllent. You are directed to file an answer to this request, in compliance witH Pa.R.C.P. 4014(b), within thirty (30) day after service of this request u~on you. Date I January 20, 1997 BYI Luther ilspa .,Esquire Attorney 1.0. No. 26 130 state street P,O. Box 946 Harrisburg, PA 17108 (717) 236-0781 Attorneys for Defendant 'l\lEM\OOM\Plll\aEQUlll.AOM 2 ..UL .. "LAS, I I I I I I I III '1'88 COURT or COIlJlOII .LIAI ClJIUI.RLUD COUll'1'Y, p...IILVUlI. CIVIL ACTIO. - LAW .lalntUf v. lauua L. .IT'l', D.f.n4ant "0. '.-C'.C CIVIL '1'.'" IN DIVORC. CIRTIrICATI or 81RVICI I hereby c.rtify that on January 21, 1997, a copy of the for.going docum,nt wa. s.rv.d on Plaintiff'. attorney by U.s. mail, fir.t cl..., po.taq. pr.p.id, and .ddr.ss.d .. followsl Edward L. schorpp, Esquire Landi., Black , schorpp 36 South Hanover stre.t carlisi., PA 17013 Date I January 21, 1997 '1/J1~ ~Jp..._~(l ~'''J< Helene Eichenwald Loux, E.quir. 'l\lEM\DOM\PIIl\IEOUEIl,ADM PaUL .. .AU., I III '1'8. COURT or COIlKOII .ua. Plaintiff I CUKlIRLaID COUM'l'Y, .....YLV..Ia I v. I OIVIL ACTIO. - LaW I BaRBaRa L. PITT, I NO. 91-.11. CIVIL TIM Defen4ant I rll DIVORO. CIRTIrICATI O. ...VIOI I hereby certify that on February II ' 1997, a copy of the foregoing document was served on Plaintiff's attorney by U. s. mail, first class, postage prepaid, and addressed as follows: Edward L. Schorpp, Esquire Landis, Black , Schorpp 36 South Hanover street Carlisle, PA 17013 Date I February 1+, 1997 ., Esquire .... ,,\lEM\ODM\Plll\PElITION,OII