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Home My WebLink About95-07052 i->.~:rt7jti ,,1<"'3'" 1"''''P'''~t ~,.~~t.i ,. f;"''-, C". "'.' ."b_. ~ ~~:,~~t: ~J,?rl;f(.\:-' ~:i\e:!.."H- ill~!~~;~\l,;\ ~it~~~~g , ':'~_ no, c." 'f 2j~:;, l' 1 i'" '" . t . rUD -CrF:::E Cr: TI~ L" "',''''''',In'( "," . '. ,.)I,il1 q7F~11'2~ (dill:?'! CI:I,'" ,',:. ""II"fY '1.,1......1 '...,.' l...J'.....'. ["',I\''''l\'''''' ~1: \1':~'JI . 'ill\!" ,I .. r~~~-~----~--~-~-~-'~~~~~~--~~~ -. ' . IN THE COURT OF COMMON PLEAS · . .. . OF CUMBERLAND COUNTY · . . I STATE OF '* PENNSYLVANIA l ! . . . ~~ ..~~Il~~43,,:~,..,~~,i.lJ'El~~. "......,.....,........,.... III N o. ....~,~,::.?,~,~,~. ....,............ 19 .!',.' ..P',laJn,U.+,L..,..". ,', ,....,.",.... "..,......,..,..,..",....,'" '! Versus . ..!?,\l~,L~~..,!l~~P.El~'~..'.H '.. .."................,...... . . . . ..Defendant.. ........'H H" "H""'" I - . ; DECREE IN ~ . DIVORCE . I AND NOW. . .. 0....."'1..... 3. .. .. ... 19. ,.~.. It I. .,.....d .nd ~ ~ decreed that. Bonnie ,K.. Seibext.......,........" ..,..,.... plalntlH. ; I :~ ~:::..;~~~::' ~~~~. ~;. ~~t;;~~;';" .. . .. .. .. . . ", dol.nd.nt. ~ . The court retain. jurisdiction of the following claim. which have ! . been ral.ed of record In thl. action for which a final order has not yet lI! . been entered; · . The Marital Settlement Agreement between the parties entered - ~ OI'l.Noyembe-l' .2'J". ,1119.6, ,is. ,hereby. .i.ncor.pora,ted. into. t.Il!liI. Aec;rp,~, . ~ but not merged. . '1 ............................ '~'''~h.'' c. .",'~""'"'''''''''''' : Ai..;~&1~;~nJ"~.tk:":;J: : ..~I.I;'! "-!c.,, d.~..'P~Olh;~~I.'~y,.. * , ____________~____-___J ~4t?~ &d. t~~~~~ B,~.~t: ~/~ ~~~ .. \ .. , '."It"l" "'''_"'' , """""a_.. ~ct.. _; ,;', if .""' ,,";"'" ",,:.\.,y,-.; "'~'f"'" '. "" "tiC ,'~ . ""_ i r -~.o.o;-_<>'~;-'~1 ',:" ~"',""~ __h__'n'-":'.:.; i, ' t-, -'>>';:-:~l~:i~-. ::..---' BONNIE K. SEIBERT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-7052 CIvil Term v. PAUL C. SEIBERT, Defendant : CIVIL ACTION. LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Tran.mlt the record, together with the following Informetlon, to the Court for entry of e Divorce Decree: 1. Ground for divorce: irretrievable breakdo'Ml under Section 3301 (c) of the Divorce Code. 2. Date and manner of .ervlce of the Complaint: December 15, 1995, by certified mall number P 016 2.... 600. 3, Date of execullon of the Affidavit of Con.ent and Waiver of Notice of Intention to Reque.t Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: . by Plaintiff: November 27, 1996 . by Defendant: November 19, 1996 4. Related claim. pending: There are no related claim. pending, Re.pectfully Submitted, By: I(C, Jame. A, Miller, E.qulre Attorney for Plaintiff 122 Locu.t Street, Suite 100 Harrl.burg, PA 17101 (717) 236.5161 cc: Edward J, Weintraub. Esquire. attorney for Defendant, Paul C, Seibert .... ,.:l' - l1;; - (,; 1-' .- ~)-,~ n ...;3 ~. 1):-' (-'- .',. .-~~; ~/ 0.- :':l~J ~t .~ ~J.. '" SrI> I . .;.... <r- -.) (C\ c..:; _,irO (: I' i :.:'lu. 0 t'_ l,n <:i 0 W' (.) , . , " 10IfHI8 It. S.II.RT, I IN TIll: COURT 01' COIIIION PLUS Plaintiff I Ctl1II.RLAHD COUNTY, PDHSYLVAHIA I ~ t~t~Jl.A'W'- v. I NO. 15-- /05~ I PAUL C. S.II.RT, I CIVIL ACTION - LAW Defendant I IN DIVORC. NOTIC. You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, North Hanover Street, Carlisle, Pennsylvania, 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. Cumberland County Lawyer Referral Service Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17101 Phone: (717) 697-0371 SOHNI. K. S.IS.RT, Plaintiff IN TBZ COURT OF COMMON PLEAS COIOI.RLARD COtlRTY, PDlHSYLVAHIA v. I I I I I I I NO. PAUL C. S.IS.RT, Defendant CIVIL ACTION - LAW IN DIVORC. COMPLAINT IN DIVORC. 1. Plaintiff is Bonnie K. Seibert, an adult individual residing at 231 North 19th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Paul C. Seibert, an adult individual residing at 231 North 19th Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 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 March 27, 1965, in York County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7, The Defendant is not a member of the Armed Services of the United States of America. 8, The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COURT I R.OUZST FOR A NO-FAULT DIVORC. UNO.R S.CTION 3301(0) OF THE DIVO.C. COD. 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WU:.ErO.E, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(C) of the Divorce Code. COURT I COMPLAINT UNDE. SECTION 33011al or TBK DIVO.CE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in count I of this Complaint. 12. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as t.o render his condition intolerable and life burdensome. 13. This action is not collusive. WBKaKrOaK, Plaintiff requests this Honorable Court to enter a Decree in Divorce pursuant to Section 3301(a) of the Divorce Code. COURT II aKouaST rOR EOUITABLE DISTRIBUTION or MARITAL PROPERTY UNDE. SECTION 35021al or THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 16. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint, 17. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. 18. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 19. Although no written settlement agreement has been entered into between the parties as of the date of the filing of this Complaint, in the event that a written settlement agreement is entered prior to the final disposition of this action, Plaintiff desires that such written settlement agreement be approved by the Court and enforced and/or modified by the Court pursuant to section 3105(a) of the Divorce Code. . WBlRK'ORK, Plaintiff respectfully requests that the Court: a. enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code; or, in the alternative, b. if a written settlement agreement is reached between the parties prior to the final disposition of this action, Plaintiff respectfully requests that, pursuant to Sections 3104(a) and 3105(a) of the Divorce Code, the Court approve and enforce and/or modify such agreement and grant such additional relief or remedy as equity and/or justice require, comrr III REOU.ST 'OR SPOUSAL SUPPORT. ALIMONY p~~ LITE AIm ALIMONY mmn SECTIONS 37011al AND 3702 0' ~ DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21, Plaintiff is unable to sustain herself during the pendency of the divorce action. 22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment in accordance with the standard of living established during the marriage. WBlRK'OU, Plaintiff respectfully requests that the Court enter an award of spousal support and/or of alimony pendente lite until the termination of litigation and, at the appropriate time, enter an order of alimony in her favor pursuant to Sections 3701 (a) and 3702 of the Divorce Code. comrr IV UOU.ST 'OR COUNSEL 'EES. COSTS AIm EXPENSES UNDER SECTIONS 31041ml Ill. 33231bl AND 3702 0' THE DIVORCE CODE 23, The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 24. Plaintiff has engaged James A, Miller, Esquire to represent her in this cause. 25. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 26. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court orders Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. . WKIaIro.., Plaintiff respectfully requests that, pursuant to Sections 3104(a) (1), 3323(b) and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted, ~.( James A. Miller, Esquire Atto ney for Plaintiff 122 Locust Street, Suite 100 H risburg, Pennsylvania 17101 17) 236-5161 VERIFICATION I verley thnt the statllll'Cl1ts made in the attached are truo and correct. I understard that false statcrrents herein are made subject to tho pcn..'\ltics of 10 Pa. C.S. Section 4904 relatin;J to wwwom faltlificntlon to nuthoritics. cate: 4~~ //~,d/r ,'J . ;~'..,I..{':H'\:',' , , ~ e, ~l '-D I ~ In 1; 1Q () a \-, - ~- '-S ---J .. 8~ AI n - ~,,~ - ~. ,- ~- 7- r-..l FF.~' ~ ~ ~ g~ q,~ :'5<1> I,. __ Z Ll. tC-:- u:..l.l.! t,.l ffi~ ~ ~ j:l.; tLJ CJ 5 lO. In (.) u..... u C\-..!. - ~ . () ~ ~ ~ .. .-:j.. '>l. ^"'" f'() -\"" L ~ -4 C:; ~",.f-(, _ t:J .~ ~ I! M ~ N ~'. .. 8~ - :c ..:;, (:I ", ~ U- n;;:. !~..~ h! :::..[~ N -::lc,-;; Q. fg(o a:i!i c.., i LLI r'- u. 0 :,:: \, ~ lJ") :::l <T\ U ., .. . , r . " , ,.. " BONNIE K. SIEBERT, · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, . . V8. · No. 95-7052 CIVIL TERM . PAUL C. SEIBERT, . Defendent. · CIVIL ACTION -- LAW · IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on December 11, 1995. 2. The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (901 daya have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree, 4. I have been advised of the availability of marriage counseling, and being so advised, I do not request that the court require my spouse and myself to participate in marriage counseling. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification of authorities. Date: /1,)7. 1(,. ~7-<~;/~j:/ Bonnie K. Seibert" ~... ..::r '.- . b; ':~ .." .. .j~~ U..Ir' _7 Ur~ ,.. ff:, ". .j~ )1'" '. ~(~ ~f C,l I .!"" u. t; iG'J -~ ,. C,,', n:.: L" i lu.. f' &:.:.:. .- "~ t.~ .:~) (.) C;-' (.) , '. . , . ". " ... ..... . l. " ~, . I . . .. ';. .' .. -'l4.t ~.. , . , UW ~ae. apo oI..Ne. A. MILLe.. .. .. ()l\~~ "I ~ "-",.... I-'"~ M "Ial 111,lln'II.1 .....111.,' ......,., .' .. , .... ,'.., ~._,;. ", . ~. .::: 'i:c. . - ..~ ~f " ." ~:; ... ~ j-I)~.';J , . ';i:: )" C' .. ,~-~~ .-, .... ~\~ ; ...~-:! '" ' ;r~ -I' I ~ ~':} \I:\" <..J ,"itC1 ~; \~.l ~'~'~ CJ tL <1' ::' 0 c' (.) , ' - ! , iI' ~ ~. -' \~ ,; - F' - ~ .(, .. '8.<:' .;.! J -'- :. -,~: , ~~ . r~~ ~... .',-,;'.:1 '8\,' "I ',:il I \ t".' C' I ,"J 'Ii ':\ d> c: 'iO \, ~ ;':,0.. \ 1-' -- .- U ,_'1 U 0 c:J' , .;( ..,' .. . ...., .... . t .' 'y, . , . " . """",-',_I1;"'*'",;:,r....'''~_i'''"'''''"'~'~t'='__,....~_''''_,'_ . , .. . , LAw D",DII:. a,. """'II:. A. MIl.LII:JI , , 1.' ~ ....,., IunW 1.:"............. ".a' .,ITlaJl-.'t! , . , .. , . .)" .C'~ IM,71t!' U''''.7 ...O'cl. k1 . Bonnle Seibert's Inventory . Plaintiff liltl all marital property In which either or both Ipoulel have a legal or equitable Interelt Individually or with any other perlon 81 of the date thll action WlI commenced: ITEM DESCRIPTION NAME OF NUMBER OF PROPERTY ALL OWNERS 1, 231 N. 19th Street H&W Cam,p Hili, PA 2. 1993 Buick Riviera H 2, 1994 Chryller Concord H&W 5, Mellon Checking W a, Mellon Savlngl W 5. Mellon Checking H a. Mellon Savlngl H 9. Commercial Union Life Inl, H 9. Commercial Union Life In I. W 14. Property outllde home H&W (lee attached lilt) 18, Commercial Union 401 K W 22. Military dllablllty benefltl H 25. Houlehold furnllhlngl H&W (lee attached lilt) February 11, 1996 3 No, 95-7052 " ( BonnIe Seibert's InventDIY 1. Ipare bedroom lulte 2. Itereo IYltem with Ipeakers, amplifier 3. record collection and tapel 4. organ. piano 5. roll top d.lk 6. lmalllamps 7. 2 chairl 8. dilh'l, kitchen Iteml, coif.. pot FebnJaIY 11, 1998 6 No, 95-7052 Bonnie K. Seibert, Plaintiff In the Court of Common Pie.. Cumberland County, Pennlylvanla v. No,: 95.7052 Paul C. Seibert, Defendant Civil Action. Law In Divorce CERTIFICATE OF SERVICE I, Jamel A, Miller, Elqulre, hereby certify that I have lerved the following perlonl with a copy of Plaintiff's Inventory In the manner and on the date Indicated below: U.S. Firlt Cia.. Mall Paul C. Seibert 61 ROHmant Hershey, PA 17033 DATE: ) ./V - f 6 Jam, A. Miller, Elqulre 122 OCUlt Street, Suite 100 H Ilburg, PA 17101 17) 236-5161 rr. r- (; ,. j.."'-= "J :3.,.. utr) l~) o:? ~., . ::.) ",,1 [L~~;' 0- -' ~~;' "')::.j ~. ~ '}.. rJ. t."'"> :~~Q ::=Ju, -.. l:.::,11 c,,:'\ ;',:7) F" \..J c1u.. L__ ". \..0 :'3 (,) (,J', u . BONNIE K.SEIBERT, Plaintiff V. PAUL C.SEIBERT, De"nclant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ...7012 CML ACTION - LAW IN DIVORCE INCOME AND II!XPENSE STATEMENT OF PLAINTIFF: INCOME Employer: Commercl.1 Union Inlur.nee Co. Aden..: One Be.con Street, BOlton, M..., 02108 Type of Work: CI.lma Procellor P.yroll Nwnber: 193-36-33<45 P.y PerIod: Biweekly Grou P.y per P.y PerIod: Itllmlzed '."'011 Deduction.: Feder.' Withholding Socl.1 Security Local W.ge Tax State Income T.x Retirement Life Inaur.nee He.1th Inlur.nee Unemployment T.x Medlcere Dental Ace. Dth & Dla.billty Net P.y per '.y 'erlod: $795.78 $88,71 48.31 7,95 22.28 15.92 2,3& 42,55 ,87 10.82 8.35 3,45 $550.19 BonnIe Seibert's Income 80d Expense MONTHLY (Fill In appropriate column) YI=.&ALV Inauranee Homeown.rs Automobll. LIf. H..1th Oth.r $ 23.09 $ 58.33 $ 35.00 $ 23..... Automobile (1114 Chryaler Concord) Paymentl Fuel Repaira Medical (v.rIe., unknown, ..tlm.t.d) Doctor Dentl.t Orthodontlat Ho.pltal Medicln. Speci.1 N..d. (gl.....) Education $389.81 $ 60.00 $ 30.00 $10.00 $ 20.00 $ 20.00 Religlou. $ 50.00 p.r.on.1 Clothing Food B.rb.r/H.lrdr....r Credit P.yment. Ch.rg. Account. Member.hlp. Lo.n. Cr.dlt Union $100.00 ~OO.OO $ 23.00 $ 50.00 $100.00 $ 50.00 FeboJarY 11, 1996 3 No. 95-7052 BonnIe Seibert's Income 80d Expense MONTHLY (Fill In appropriate column) y"&RLY MlleeUaneoul babysitting Child Care paperalBooka/MIgazlne. Entertainment P-v TV Vacation GIftI LegaIF..I Charitable Contribution Other Child Support Alimony Paymentl TOTAL MONTHLY EXPENSES: $ 20.00 $ 100.00 $ 23.00 $125.00 $ 41.88 $150.00 $ 47.00 .2.".... PROPERTY OWNED: SEE INVENTORY/APPRAISEMENT Da.crlption YaIuA OIM1arlhlp I:lWJ. Checking Accountl Savlngl Accountl Credit Union StockaIBondl Real Elblte Certificate of Depollt INSURANCE: Covaraga Compal'\Y Polic;y No. I:lWc. HOlpltal Medical U,S.Healthcare )( )( " Dental " VI.lon " Prelcriptlon " FebnJaIY 11,1996 4 No. 95-7052 . SUPPLEMENTAL INCOME STATEMENT (A) This form Is to be filled out by a person (check one): (1) who operates a business or practices a profession, or (2) who Is a member of a partnership or Joint venture, or _ (3) who Is a shareholder In and Is salaried by a closed corporation or similar entity. (B) Attach to this statement a copy of the following documents relating to the partnership, Joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement * Flnanclai Statement (date of statement) (C) Name of Business: Address: Telephone Number: (D) Nature of Business (check one): (1) partnership (2) Joint venture (3) profession (4) closed corporation (5) other (E) Name of accountant, controller or other person in charge of financial records: (name & address) (F) Annual Income from business: (1) How often Is Income received? (2) Gross Income per pay period: (3) Net Income per pay period: (4) Specified deductions, If any: VERIFtCATION I verify that the statements made In this Income and Expense Statement are tNe and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsv.om falsification to authorities. L~~~~/ , Bonnie K. S bert Date: \-\S-'\lP Bonnie K. Seibert, Plalntllf In the Court of Common Pleas Cumberland County, Pennsylvania No.: 95-7052 v. Paul C. Seibert, Defendant Civil Action - Law In Dlvoree CERTIFICATE OF SERVICE I, James A. Miller, Esquire, hereby eertlfy that I have served the followinG persons with a copy of Plaint"" Income and Expense StIltement In the manner and on the date Indicated below: U.S. Firat Cia.. Mill Paul C. Saibert 81 Roaemont Hershey, PA 17033 DATE: "'J..--/'f -,,- .---- ------~ -- --Il{,- ,Miller, Esquire 122 It Street, Suite 100 Ilburg, PA 17101 (717) 238.5181 >- r- '- ~ l-:: 1-- ~J ~-;}..~ n 11.1...:. ,)- - LI:=-; re"' c..: (,.);'~ "2 !- .- ~.:: ~:j 0-;- . l.l fi1" In ;.,' (f) i 'w- I>;: ~Il ...... f:r. ~~d ~e . Lt.] j'-' l< 'I. \f:) ::., C en; 0 " .. . .. -- . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BONNIE K. SEIBERT, Plaintiff . . PAUL C. SEIBERT, Defendant NO. 95-7052 CIVIL TERM ORDER OF COURT AND NOW, this ,Stt.day of September, 1997, upon ooneideration of Defendant's Petition To Enforce Marital Settlemont Agreement, a .' hearing is SCHEDULED for Friday, December 5, 1997, at 11100 a.m., in Courtroom No.5, cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J James A. Hiller, Esq. suite 100 122 Looust Street Harriaburg, PA 17101 Attorney for Plaintiff Edward J. Weintraub, Esq. 2650 North Third Street Harriaburg, PA 17110 Attorney for Defendant _ ~_4J /l'>~'~ ~/I~/9'1, ..b .11 Ire , ". . or_. t~~~1I!'1~~\'1 ..,~.. . "'Y""-=l'.~"~,~~~,~:"""""-""~",,,,,,_,,.~,,~ ~u-"!'......,..~_......_~~ '."f \~~"':tr "-', ~. ,. - . . . 4 . . . " . BONNIE K. SEIBERT, Plelntlff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7052 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER v. PAUL C. SEIBERT, Defendent AND NOW, thla deyof ,1997, upon consideration of the within Petition to Enforce Marital Settlement Agreement, It Is hereby ORDERED AND DECREED that Plaintiff/Respondent, Immediately apply In good faith for refinancing of the first mortgage on 231 North 19th Street and that she teke the steps necessary to have Husband removed as a responsible perty on their joint charge accounts, elong with the loan on Plaintiff's 1994 Chrysler. BY THE COURT: J. .'t';:'.' ,,',''1'<, . ~ . ~ . . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-7062 CIVIL TERM BONNIE K. SEIBERT, Plaintiff PAUL C. SEIBERT, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Defendant, Paul C. Seibert, (hereinafter referred to e. MHusbsndMI, Petitioner In this matter by and through his attorney, Edward J. Weintraub, Esquire and respectfully represents: 1. The parties were married on March 27, 1966, separeted on December 10, 1996 and were finally divorced on December 3, 1998, by Order of this Honorable Court. 2. A Marital Settlement Agreement executed by the parties as of November 27, 1996 was incorporated but not merged in the final Decree of Divorce and Is attached hereto as Exhibit M AM. 3. Under paragreph 6 of the Marital Settlement Agreement, Wife agreed to assume responsibility for payment of A. Visa ($1,5001, B. Bosco's ($500), D. J.C. Penney ($600) and E. (231 North 19th Street, Camp Hili, Pennsylvania first mortgage ($30,0001. 4. Under paragraph 7 of the Agreement, Husband transferred the house to Wife and she further agreed (for) to promptly make a good faith effort to obtain Husband's release from the first mortgage on 231 North 19th Street, Camp Hili, Pennsylvania, Including Insurance, taxes and other charges associated with seld property. Also included and transferred was the 1994 Chrysler. 6. Husband believes and therefore avers thet Wife Is financially capable of refinancing the first mortgage with a current balance less than $30,000 but has made no good faith effort to apply for Husband's release via rtlflnancing, although required to do so by the Marital Settlement Agreement. . . , . . 6. Paragraph 7F of the Marital Settlement Agreement provides that Hall joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated end each party shall take those steps necessary to have the other removed as a responsible party from any such account". 7. Attached hereto as Exhibit "B" Is an August 6, 1997 credit report on Husband Indicating that he Is stili responsible for marital debts for which Wife was to assume responsibility, owing to Wife's failure pursuant to paragraph 7F to take those steps necessary to have Husband removed as a responsible party for the accounts for which Wife assumed sole responsibility. 8. Although requested to do so, personally and through her counsel. Wife has refused to take action to assume solely the aforementioned liabilities although required to do so or to make a good faith effort to do so by the Marltel Settlement Agreement. WHEREFORE, Husband respectfully requests that Wife be ordered and directed to immediately apply In good faith for refinancing of the first mortgage on 231 North 19th Street and to take those steps necessary to have Husband removed as a responsible party on their previously joint charge accounts and to pay Petitioner's reasonable counsel fees and costs to enforce the Marital Settlement Agreement. elntr , 2860 North Third Street Harrisburg, PA 17110 Attorney Id. '17441 (717) 238.2200 ATTORNEY FOR DEFENDANT . . . . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this :; 7rI-- day of )J~ , 1996, by and between Paul C. Seibert, hereinafter referred to as "Husband", and Bonnie K. Seibert, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 27, 1965; and WHEREAS, certain differences arose between the parties as a result of which they sep.arated on December 10, 1995, and now live separate and apart from one another, and are desiroUs' of settling fully and finally their respective financial and property rights and obligations es between each other, Including, without limitation by specification: the settling of all matters between them relating to the past, present . and future support and/or maintenance of Wife by Husband or of Husband by Wife: and In general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitablo distribution of all marital property: and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being advised by their respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife by her attorney, James A. Miller, Esquire, have come to the following agreement. rdS (Initials) ~ , (Initials) EXHIBIT "A" NOW THEREFORE, In consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, Intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. . SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from Interference, authority and contact by the other, as fully as If he or she were single and unmarried, except as may be necessary to c~rry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor In any way malign the other, nor In any way Interfere with the peaceful existence, separate and apart from the other In all respects as If he or she were single and . unmarried. 3. WIFE'S DEBTS: Other than the debts Indicated In Paragraph 6 below Wife represents and warrants to Husband that since December 10, 1996, she has not, and In the future, she will not, contract or Incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations Incurred by her. 4. HUSBAND'S DEBTS: Other than the debts Indicated In Paragraph 6 below, Husband represents and warrants to Wife that since Decembor 10, 1996, he has not, and In the l~ (Initials) ~(lnitlalsl 3 future he will not, contract or Incur any debt or liability for which Wife or her estate might be responsible and shall Indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 6. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: PERSON(S) NOW DESCRIPTION AMOUNT RESPONSIBLE A. Visa $ 1,500 H&W B. Boscov's $ 500 H&W C. MasterCard $ 1,500 H&W -" D. JC Penny $ 500 W E. First Mortgage 231 N. 19th Strellt $30,000 H&W F. Second Mortgage 231 N. 19th Street $15,000 H&W The parties agree that Wife shall hereafter be responsible for paying debts A, B, 0, and E above and Husband shall be responsible for paying debts C and F. Each party agrees to pay the outstanding joint debts as allocated and further agrees to Indemnify and save harmless the other from any liability for sllch debts or obligations. In the event that either party contracted or incurred any debts. other than those specifically identified herein since December 10, 1995, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to Indemnify and hold harmless the other for any liability for such debts. Ie,:; ~ (Initials) (lnitialsl 4 . 6. MUTUAL RELEASE: Except as provided In this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property In accordance with the Divorce. Code of 1980. Subject to the provisions of this agreement, each party has released end discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever In law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except In any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. ., 7. EQUITABLE DISTRIBUTION: A. Husband agrees to transfer to Wife Immediately upon signing of this Agreement, all of his Interest in and title to their jointly-owned real estate at 231 North 19th Street, Camp Hili, Cumberland County, Pennsylvania subject to the first mortgage of approximately Thirty Thousand Dollars ($30,000) given to Mellon Bank, in exchange for which Wife agrees to be solely responsible for the payment of all future Mellon Bank mortgage payments, taxes, Insurances and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing first mortgage obligations on said premises and agrees to indemnify Husband from any loss by reason 0.1 any default in payment and agrees to save Husband harmless from any future liability with regard thereto, including attorney's fees. (1) On the date of the execution of this Agrcemcnt, Husband shall dclivcr to Wifc a dced to bc preparcd by Wifc's counscl transferring and ;~.; (Initials) .;f'< (Initials) 5 conveying to Wife all of their right, title, claim and Interest in and to the real estate located at 231 North 19th Street, Camp Hili, Cumberland County, Pennsylvania. Thereafter, Wife shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that she deems appropriate. (2) Husband agrees that upon the execution of the deed, Wife shall be come the sole owner of any and all homeowner's policies, title policies and any other policy of Insurance with respect to the real estate and shall be entitled to receive any payments noW or hereafter due under such Insurance policies. (3) Wife shall promptly apply to obtain Husband's release regarding the existing first mortgage on 231 North 19th Street, Camp Hili, Cumberland County, Pennsylvania. Pending Husband's release, she shall continue to be solely responsible for paying the existing mortgages, insurance, taxes and other charges associated with the property. (4) Wife's Inability after a good faith effort to obtain Husband's release shall not nullify this Agreement. B. Contents of Husband's Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal Items within Husband's residence. C. Contents of Wife's Res/dence: As of the date of the execution of this Agreement, Husband shall set over, transfer, and assign to Wife 011 of his right, title, claim and Interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal /6..5 -.&-llnltloIS) (Initials) 6 items within Wife's residence, except for these Items which Wife will deliver to Husband: 1 . All tools 2. Coin collection Husband shall remove these Items from Wife's residence, within thirty (30) days following execution of this Agreement. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (11 Wife shall retain the 1994 Chrysler. 121 Husband shall retain the 1991 Buick. (3) All automobile titles and Insurance policies will be _. corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retein sole ownership and control of his Iher IRA's, Pensions and Employment benefits. F. Joint Blink and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. G. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts f~5 (Initials) 7 ~(lnitialsl . . relating to that property. This Agreement shell constitute a sufllclent bill of sale to evidence the transfer of any and 011 rights In such property from Husband to Wife. H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any Insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights In such property from Wife to Husband. I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and If untitled, the party in possession. This Agreemeiiishall constitute a sufficient bill of sale to evidence the transfer of any and all rights In such property from each to the other. J. rax Uablllty: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted oasis of the property assigned t him or her with respect to any other issue which is inconsistent with the position set forth In the preceding sentence on his or her Federal or State Income tax returns. K. Cash Payments: From the proceeds of the sale of the parties van, upon execution of this Agreement Wife shall by certified funds pay Husband the sum of $14,000 and she shall retain the balance of the proceeds plus any interest earned thereon. Husband shall Immediately use and apply the sum of $14,000 to pay down /~ (Initials) I t':..5 (Initials) 8 the $16,000 second mortgage on 231 North 19th Street to be assumed by him pursuant to Paragraph 6. 8. LIFE INSURANCE: Each part shall continue to own any life Insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken Into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction In connection with this action In divorce or annulme,:,t filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided In 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as It pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement In lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, ~(InitiatS) 16 (Initials) 9 . . termination, reinstitutlon, or other court ordor with respoct to tho terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are acceptod by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and Intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEALTH INSURANCE: Wife agrees to continue to provide and pay for Husband's medical ... and hospitalization coverage until entry of a final decree In divorce. Thereafter If available, via COBRA, following the entry of a final Decree In Divorce, additional health care coverage may at Husband's option be obtained at the sole cost of Husband, who shall elect whether to continue coverage through his own employer or through Wife's . COBRA coverage. Any payments for health Insurance will not be considered alimony and are not included with the Income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue code of 1954 and not deductible from Husband's gross Income pursuant to the provisions of Section 215 of the United States Internal Revenue code of 1954. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair. adequate and satisfactory to them. Both parties agroo to accept the provisions set forth In this Agreement in Lieu of and in full and final settlement and . ft.5 (Initialsl~(InitlaIS) 10 satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12.. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of an such tax is made against either of them, each will Indemnify and hold harmless the other from and against an loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any Interest, penalty and expense incurred in connection therewith. Such tax, Interest, penalty or expense shall be paid solely and entirely by the individual who Is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate Income resulting In tax liability. The parties shall file separately in 1996.and thereafter. 13. WAIVERS OF CLAIMS AGAINST ESTA TES: Except as herein otherwise provided each party may dispose of his or her property In any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which It.,5 $-(lnltiaIS) (Initials) 11 may be necessary or advisable to carry Into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It Is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement Is not predicated upon nor made subject to any egreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained In this Agreement shall prevent or preclude either of the parties hereto from commencing, Instituting or prosecuting an action or actions fo,' divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be Instituted by the other party, or from making any just or proper defense thereto. It is werranted, covenanted and represented by.Husband and Wife, each to the other, that this Agreement Is lawful and enforceable and this warranty, covenant and representation Is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement Is, for any reason Illegal or for any reason whatsoever, unenforceable In whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 16. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under 3301 Ie) of tho Divorce code. 965 (Initials) . ~llnltiaIS) 12 . . Simultaneously with the execution of this Agreement both parties will execute Affidavits of Consent and Waivers of Notice to eneble counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. . The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged In such Decree, but shall In all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be responsible for payment of legal fees and costs Incurred by the other In enforcing his or her rights under this Agreement. . Reasonable Interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife In Equity, and the parties hereto agree that If an action to enforce this Agreement Is brought In Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there Is an adequate remedy at law. The parties do not intend or purport hereby to Improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity In mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. ;~.~ ~(Inltialsl (Initials) 13 . " . . B. Notwithstanding anything to the contrary herein, Husband end Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and In such event it is specifically understood and agreed that for and In specific consideration of the other provisions and covenants of this Agreement, each.shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or Incur or become liable for, in any way whatsoever, or shall pay upon, or In terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to Initiate or maintain or defend proceedings against the other at law or equity or both In any way-whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful In whole or In part, before there would be any liability for attorney's fees and costs of litigation. It Is the specific agreement and Intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees Incurred by himself or herself as well as the other party In endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges ',0 (Initials) / ~ (Initials) 14 ~~ . " . . that the Agreement Is fair and equitable, that it Is being entered into voluntarily, with full knowledge of the assets of both parties, and that It is not the result of any duress or undue Influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken Into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and In full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have . against tha other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 m. G.Q. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an Interest. the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. ; c: ':j (Inltialsl 15 $-lInitialsl t " . . " . '. . 21. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only If made In writing and executed with the same formality as this Agreement. The feilure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It Is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever In determining the rights or obligations of the parties. 24. INDEPENDENT SEPARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID. CLAUSES: If any term, condition, clause or provision of this Agreement shllll be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue In full loree, ellect and operation. 1~7 (Initials) 16 ~(Initlalsl I 'I . . ., , 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have sit their Hands and Seals the day and year first above written. ~_J('!,~u Paul C. Seibert ~~ b;,f~~~SEALI 4 (SEAL) --.... +L / I Witness 17 . . t I I ., t '. .. , '. COMMONWEALTH OF PENNSYLVANIA COUNTY OF :z>~ ss. BEFORE ME, the undersigned authority. on this .; 7~ day of /lJ,,~ 1996. personally appeared Bonnie K. Seibert, known to me to be the person who executed the foregoing Instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. N ~IVEN UNDER MY HAND AND SEAL OF OFFICE THIS ..'J 71"<day of ,1996. . ~\ ,~-" ... 19 IwIUUlllJulCtoIU VI UI':IIIl:1 IhllllltUUIV pOlio' 417b~:t.. "All,Il'a'~Vl.sIl...1 H~rri~ro: ""'1n~IQ.hl6 t\""l*t-11>~. ~ 1 "R 0 5 to A LF , ,ft ~ H S iH Y , P A, 17033. ~ 717/2.36'~961, ..... DATCII+ ,. . (' Ii!I TRANS UNION SUB NAME E WEIN MKT SUB ( ~ .eW ;~ e AUG 0 5 1997 \~ ,..~. L::lU U t..:J ....----""....--........ (I) PH835655 ,. SUBJECT SEIBERT, ALSO KNOWN AS C. PAUL CURRENT ADDRESS 01 ROSEPALE, H~RSHEY PA. 17033 FORMER ADDRESS 231 N. 19TH ST., CA~P HILL PA. 17011 61 ROS EOALf-, HERSHEY PA. 17033 DPT 172-36-1320,4602.* 001 24 . RPT TYPE 104 lNFILE 2/97 DATE 08/05/97 TIME 12:33C SSN BIRTH OA TE 172-36-1320 2/46 TELEPHONE 761-4680 TERMS PAST DUE REMARKS foIAXDfLQ AMT-MOP DATE RPTD 8/97 1/97 ( --------------------------------------------------------------------------- HIS TOR Y OPN-O INQ-2 PAY AVAILABLE 99% CREDIT PR=O COLaO REVOLVING: INSTALLMENT: TOTALS: SUMMARY .** TOTAL FILE NEG=O HSTNEG=O TRD-11 RVL=9 INST=2 MTG-O HIGH CRED CRED LIM BALANCE PAST DUE MNTHLY $3033 $22.7K S256 SO S S47.8K' S40.1I( SO S600 S50.9K S22.7K S40.3K SO S600 --------------------------------------------------------------------------- T R A 0 E S SUBNAME sUaCODE ACCOUNU ECOA COLLATRL/LOANTYPE OPENED VERFIED CLSD/PD HIGHCRED CREDLIM BALANCE FOA-MC/VS o 62SV038 4/95 CREDIT CARD ~ 6/971, 55000 4/97C SO N CHNWT B 728P545 5/93 S37.2K 6/971, C SECURED " _I#)'i,. $31.7K HELLON CMNWT B 728P545 2196 510.6K 6/97A C UNSECURED ~/I~"'/t.A $8379 HECHT CO D 2354001 10/95 SO ~ 6/97A I . 1/97P 10 CITIBK VISA El 6408003 3/85 6/97A $7400 I CREDIT CARD 5/97P $0 GOODYEAR/HSa A 970A016 2/96 $ 535 5/97A $700 I 7/96P ~O DISCOVER CRD a 9610003 3/91> 51037 3/97A $2600 I CREDIT CARD 3/97P 1-0 cn.31 tn[V 919"1 EXHIBIT lOB" SO CLOSED 180M367 SO 60M233 SO so so $0 $0 PAYPAT PAYPAT MO 1-12 HOP 13-24 30/60/90 R01 01 0/ 0 X XX1 4 111111111111 101 111111111111 SOV 01 0/ 0 111111111111 101 1111 16V 01 01 0 1 R01 1 11111 0/ 01 0 R01 5 0/ 01 0 111111111111 R01 111 150/0/0 111111111111 R01 12V 0/010 PAGf 1 CO~I Credit bu.wau U1LJIUDI1l1 11LllllbUUIU ~~;lt~#.~11t~~~:f~~ ?1" ROSEDAL E"H E R SHEY, PA, 17033. 5 717/~311.B061,','.' DATllfi (' I . iii TRANS UNION B E E WEINTRAUB 172-36-1320,4602** OPT . RPT TvPE' 001 24 114 3/b5 DA E 08/05/97 (II PHB35655 KT B 13 HU INFILE SUBJECT SEI~ERT, PAUL C. ALSO KNOWN AS SSN BIRTH DATE 172-36-1320 2/46 TELEPHONE 252-7210 CURRENT ADDRESS 664 POR 604, CRAB ORCHARD WV. 25827 FORMER ADDRESS 231 N. 19TH ST., CAMP HILL PA. 17011 61 ROSEDALE, HERSHEY PA. 17033 OA TE RPTD 10/96 3/96 ( <POS IT ION> <CURRENT EMPLOYER AND ADDRESS> MID ATLANTIC <fORMER EMPLOYER AND ADDRESS> CREATIVE fLOOR COVERING <RPTO> 3/89 OWNER ---------------------------------------------------------------------------. REVOLVING: INSTALLMENT: OPEN: TOTALS: ---------------------------------------------------------------------------. SUMMARY *** TOTAL fILE NEG-O HSTNEG=2-3 TRO=32 RVL=18 INST=11 HTG=O HIGH CRED CRED LIM BALANCE PAST DUE MNTHLY 532.61< 566.41< S26.71< SO 5383 51461< S $49.51< SO 5828 5305 $ SO $0 $1791< 566.41< 576.2K $0 51211 HIS TOR Y OPN-3 INQ=11 PAY AVAILABLE 60X 100li: CREDIT PRsO COLaO TRADES SUBNAME SUSCODE OPENED HIGHCRED TERMS foIAXDELQ PAYPAT 1-12 HOP ACCOUNTR VERFIEO CREDLIH PASTDUE AMT-MOP PAYPAT 13-24 ECOA COLLATRL/LOANTYPE CLSDIPD BALANCE REMARKS HO 30/60/90 /' GOODYEAR/HSB A 97bA016 2196 $538 111111111111 R01 7/97A $700 SO 1111111111 I $267 22 01 01 0 PA NTL 8K tl 4b8P002 11/95 510.21< 60M228 II 111111111111 101 7/97A i 0 N\'" 11111X11 I AUTOMOBILE $7655 19V 01 01 0 MaNA AMERICA B 1597029 8/96 $4596 M I N 73 \~t 11111111XX1 R01 7/97A $8500 $0 ot I CREDIT CARD $4531 12 01 01 0 CORESTATES U 0896003 9/96 ..~ 1v6i 1111XX11X1 R01 6/97A fO ...-" .~- . CREDIT CARD 10 01 01 0 CU.]I ,II[V glO~1 COPYRIGHTED TRANS UNION 1994 P~GE 1 COO\ CredlllurHU at Or.a.er Hafflabulg P,O, Box 67533 . 2491 Pa.lon Slrool Han1oburg. pennsylvania 17106.7533. . -6-' 717/~:!6.~1", . . I!il TRANS UNION R UB NAME (I) PH035655 E WEINTRAUa SUBJECT SEIBERT, PAUL C. ALSO KNOWN AS MKT SUB CURRENT ADDRESS 664 P06 604, CR~B ORCHARD Wv. 258Z7 FORMER ADDRESS TRADES,CONTID SUBNAHE SUSCODE OPENED ACCOUNU VERFIED ECOA COLLATRL/LOANTYPE CLSD/PD MELLON BANK B 2676032 I CREDIT CARD DISCOVER CRD B 9616003 I CREDIT CARD 1179 6197A 3/96 5/97A 9/96P HIGHCRED CREDLIM BALANCE S7054 S9700 S7054 $1637 $2600 $0 MELLON CMNWT B 728P545 2/96 S10.6K 12/96A C UNSECURED $9279 o 2354001 10/95 SO 12/96A 10/95P SO HECHT CO I fOA-MClVS B 62SV038 C CREDIT CARD FST USA 9K a 6 7519024 A CREDIT CARD MELLON CMNWT B 728P545 C VISA B 6400003 CREDIT CARC THE eON-TON 0 567C001 P CHARGE ACCOUNT CD.:JlIR[V 91!HI 4/95 12/96A 5/95P 12/94 12/96A 12/96C 5/93 12/96A 3/85 12/96A 7/14 12/96A 1/90C S 5000 SO $5000 SO S37.2K S32.5K $0 $6600 5664 S504 $700 $0 BATCH' , 001 OPT RPT TYPE' 24 114 INFILE 3/65 DATE TIME 08/05/97 12:33C' SSN BIRTH DATE 172-36-1320 TELEPHONE DATE RPTD 10/96 TERMS PASTDUE REMARKS MIN142 $0 HAXDELQ AMT-MOP PAYPAr PAYPAT MO 1-12 MOP 13-24 30/60/90 so 111111111111 p01 111111111111 48 01 01 0 11111111 R01 14V 01 01 0 60!'t233 SO 1111111111 101 1 10V 01 01 0 R01 $0 1 01 01 0 R01 01 01 0 R01 01 01 0 1 $0 1 $0 CLOSED 24 180M367 ~O 111111111111 101 111111111111 44V 01 01 0 HIN20 ~o 111111X11X11 R01 111111111111 48 01 01 0 XXXXXXX1XXXX ROl X1XXXXXXXXXl GRANTOR 48 01 01 0 to CANC BY CRDT COPYRIGHTED TRANS UNION 1994 PAGE 2 CON C....II Bu...u 01 arlallr Haullburg P,O. Bol 67533 . 2491 Pilton St,eel Hantallurg, Pannlylvanla '7106.753~ . -rJ-' 7171~:I8.~061" . . I!!J TRANSUMON SUB NAME <I) PHB35655 E wEINTRAUB SUBJECT SEIBERT, PAUL C. ALSO KNOWN AS MKT SUB CURRENT AODRESS 664 PO~ 664, CRAB ORCHARD WV. 25827 FORMER ADDRESS T R A 0 E S SUBNAME ACCOUNTII ECOA COLLATRL/LOANTYPE CON T · 0 SUB CODE OPENED VERFIED CLSD/PD CITIBANK MC B 6408002 I CREDIT CARD 4/84 4/94A 3/94C HESS D 1184040 6/78 4/92A 4/92C I AHER GEN FIN F 654N2UK U SECURED 3/89 10/91A 10/91C B 6613008 3/89 10/91A 10/91C PNC !lANK I SECURED SUNOCO HIGHCRED CREDLlM BALANCE SO S3700 SO S341 S1000 SO $1974 SO $3426 $0 o 8065001 12/83 $0 4/91A $0 SO A COMM NTL LEA ~ 765S001 12/87 $11.1K t:/90A C LEASE COMMONWEALTH B 579T001 I 17125 83 BUICK PA PWR LIGHT U 187Q001 I MELLON CMNWT a 72dP545 C 87 euIC cn.]IIIl[.1/ D/lj41 3/88 4/~9A 3/69C 12/95 12/96A 12/96C 12/91 2/94A 12193C $4655 $0 $65 $0 ne~e $0 0" TCH' . 001 OPT RPT TYPE' 24 114 INFILE 3/65 DATE TIME 08/05/97 12:33C' SSN BIRTH DATE 172-36-1320 TELEPHONE DATE RPTO 10/96 TERMS PASTDUE RE!'.ARKS I'A)(DELQ AMT-MOP PAYPAT PAYPAT 1'10 1-12 MOP 13-24 30/60/90 1)(1X11)()(111lC R01 $0 )()()()()()(111)()(1 ACCT CLSD BY CONSUMER 42 0/ 0/ 0 11 R01 0/ 0/ 0 $0 CLSD INACTIVE ACCOUNT 2 30M65 $0 )(1111111111)( 101 1 13 0/ 0/ 0 )(111111X1111 101 1 30M134 $0 13 0/ 0/ 0 121 R01 11 0/ 0 101 $0 3 48M232 $0 30M155 $0 101 )(11)(111111 OUR $0 CLoseD 13 0/ 0/ 0 )(1111111)(111IUP 111111)(1111 26V 0/ 0/ 0 24"1183 ~O CLOSED COPYRIGHTED mANS UNION 1994 PAGE 4 COto: "!\-,~t~.. .'- .... ~4_,"'<"'" ,,,-,_,,"_ ~...._...--..."....,-.,,""'.,."'''.~...- ..'.,--,.... . BONNIB K. SEIBERT, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. I I I I I I I NO. 95-7052 CIVIL TERM PAUL C. SEIBERT, Defendant ORDER OF COURT AND NOW, this z...c!. day of February, 199B, upon consideration of the attached letter from Edward J. Weintraub, E.q., attorney for Defendant, the hearinq previoualy acheduled for February 2, 199B, i. CANCELLED, and the attached Stipulation is approved and entered ae an order of court. BY THE COURT, J.... A. Miller, Esq. Suite 100 122 Locult Street Barri.burq, PA 17101 Attorney for Plaintiff __ ~:~.~..(<.( Edward J. Weintraub, Esq. 2650 North Third Street Barrilburq, PA 17110 Attorney for Defendant A/3IQg. "J. f. Irc ).i,.\(.. .}. '." \'''' J '::':""1("(\ ( /.' .:' :l..' I' t - "', ... ,~ . J t - ...;j.:J ;,,:u ti"'ii" , f.~ .1."__ ~'~ :'~"'; ,_'I~::j ;JJ..iJU"C:J'id ~ -. . ' BONNIE K. SEIBERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7052 CIVIL TERM v. PAUL C. SEIBERT, Defendant CIVIL ACTION. LAW IN DIVORCE STIPULATION FOR AGREED ORDER III rll- I " AND NOW, this kJ.... dav of t~l\.'4~ .. , 199B. upon consideration of the within Stipulation bV the artles through their counsel, it Is hereby ORDERED AND DECREED as follows: 1. The hearing scheduled In this matter for Februarv 2, 1998 at 10:00 a.m. will be postponed and this matter continued for approximatelv slxtv (801 devs. 2. Plaintiff. Bonnie K. Seibert, within thirty (30) days of this Order will provide counsel for Defendant, Paul C. Seibert, with evidence that she has obtained financing or refinancing to obtsln his release from liability regarding any liens secured bV 231 North 19th Street, Camp Hili, Cumberland Countv, Pennsvlvanla. 3. If within thirty (301 days of the date of this Order no such financing or refinancing has been obtained, upon eppllcatlon of Defendant a Rule Returnable In twenty (201 days shall be Issued requiring Plaintiff to show cause why the property at 231 North 19th Street, Camp HIli, Cumberland County, Pennsvlvanla should not be sold to satlsfv all debts and to obtain Defendant's release from liability. " -, .. .' 4. Also within thirty (301 days of this Order, Defendant shell supply P1elntlff with documentetlon thet he hes been released from liability to Mellon Benk end thet she Is solely responsible for the ownership, maintenance, flnenclng and Insurance on the 1994 Chrysler automobile and that Plaintiff Husband has been removed ea a responsible party on all other previously joint accounts. 5. Should Defendant have to seek a Rule to force a sale of the property, or to secure his releelle on the Chrysler loan or other accounts, Pleintiff will be responsible for Defendant's reasonable counsel fees and costs for any subsequent proceedings to obtain his release from liability. Bonnie K. Seibert, Plaintiff Paul C. Seibert, Defendant ?--- ar J. elntraub, Esquire Counsel for Defendant Dated: I r '"t. ~ -f ~ Approved and Ordered BY THE COURT: J. Dated: