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HomeMy WebLinkAbout02-4552Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD J. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (~7[ -- d./~'~' ~3,, CIVIL ACTION- LAW 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD J. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is EDWARD J. ERLSTEN, an adult individual with a mailing address of P.O. Box 188, New Cumberland, Pennsylvania, 17070. 2. Defendant is REBA EILEEN ERLSTEN, an adult individual residing at 1700 Elm Street, New Cumberland, Pennsylvania, 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 18, 1973 in New Cumberland, Cumberland County, Pennsylvania. 5. There are two children bom of this marriage: Tami Erlsten Zoeller bom October 2, 1977; and Kelli Erlsten, bom July 14, 1982. 6. The parties separated on February 18, 2002. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNTI-DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. 2 COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, EDWARD J. ERLSTEN, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deemS//a~ble. Dated: September 18, 2002 /. ~'~~/~~an'~ Esquire // Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD J. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unswom falsification to authorities. Dated: EDWARD J. ERI~E~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD J. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, EDWARD J. ERLSTEN, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: ]-[ 7-t9,2, EDWARD JTRLSTEN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cmnberland, PA 17070 (717) 774-1445 EDWARD J. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4552 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 4063, Return Receipt Requested, on the above-named Defendant, Reba E. Erlsten, on October 16, 2002 at Defendant's last known address: 1700 Elm Street, New Cumberland, Pennsylvania 17070. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~-'- Dated: October 18, 2002 ~quire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff postsge Ir Certified Fee Return Receipt Fee {Endorsement Required) Restricted Detivery Fee (Endomement ReqUired) 1'oral postage & Fees · (l~aplete ~ 4 if Restricted ~ is · ~ your name and address on the reverse ae ~at we can return the card to you. · A~l~ch this card to the back of the mailpiece, el' en the front if space permitS. 1. ~ .~zldressed to: A. Received by (P/ease pr/hr ~ s dtfferent from r~em 17 If YES, enter delivery address below: Sen, ice Type Il Certified Mail r3 Express Mait [] Registered f-I Return Receipt for I~1~ [] Ina~.~I Mail [] C.O.D. EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court//32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 · IN THE COURT OF COMMON PLEAS EDWARD J. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4552 : CIVIL ACTION - LAW · IN.DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on February 18, 2002, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO TEIE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: ~-./~ ,/~0 .2004 Edward J. l~rlsten EDWARD J. ERLSTEN, Plaintiff V. REBA E ERLSTEN, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4552 CIVIL ACTION - LAW 1N DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relie£ I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Reba E. Erlsten, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. Barbara Sumple-Sullivan, Esquire Barbara Sumple-Sullivan, Esquire Supreme Court #323 l 7 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENN SYLVANIA : NO. 02-4552 CIVIL ACTION - LAW IN DIVORCE April 7, 2003. A.~FFIDAVIT OF CONSEN_'_r A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to anthorities. DATE: REBA E. ERLSTEN Barbara Sumple~Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant IN THE COUR~ CUMBERLAND COUNTy, PENNSYLVANIA NO. 02-4552 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST E.~NTRY OF A DIVORCE DECREE UNDER ~.3301(e} OF THE DIVORCE C~D_~_E I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S:. 94904 relating to tmsworn falsification to authorities. DATE: REBA E. ERLSTEN EDWARD F. ERLSTEN, Plaintiff VS. REBA E. ERLSTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4552 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this .~.4~W~ day of 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 13, vacated and counsel to the Court requesting a final decree 2004, the appointment of the Master is can file a praecipe 'transmitting the record in divorce. CC: ~rbara Sumple-Sullivan Attorney for Plaintiff ~ichard R. Gan Attorney for Defendant J. BY TNE COURT, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ -'~ dayof~,2004, byand between EDWARD J. ERLSTEN, hereinafter referred to as "HUSBAND", and REBA E. ERLSTEN, hereinafter referred to as "WIFE". I:FITNESSETH, That: }Y//EREA& the parties hereto are husband and wife, having been lawfully joined in marriage on August 18, 1973, in New Cumberland, Cumberland County, Pennsylvania; [~//ERE~S, two children were bom of this marriage, neither of which is a minor; [F/-/EREA& it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NO [Y THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual Promises, covenants and undertakings herein set forth, and for good and valuable May 25, 2004 consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and W1FE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Richard R. Gan, Esquire, of the Orr Law Offices. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions May 25, 2004 2 of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and v¥ Lt'l[~ ~11011 llUt lllOl~St, II~lI';:i~S, or malign the other or the respective thmilies of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions May 25, 2004 3 of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concra'rently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained here/n, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof anless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any ~eim 0f thi~ Agi:eement to be null and v0idl Both partles hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. May25,2004 4 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assigrmaents, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectaation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationstfip or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, en~k~n~ell{~ SF'ii~bliiii~S-or ~he o~t-h¢~- or)3y way of dowei~; exemptirm-or similm -attm~m~ce, or m~dc~ ~ intestate laws, or the right to tak~'against the spouse's will, or the fight to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of tkis release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of wh/ch she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the May25,2004 5 right of either party to receive any legacy, bequest or residu~y portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such r/ghts as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGItl'S AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTI~ AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or May25,2004 6 enforced or enforceable unless reduced to u~ting and signed hy both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH 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 available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be cons/rued ~md governed in accordance with the laws of the Commonwealth of Pennsylvania. May 25, 2004 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Permsylvania, or any other state as a consequence of the parties' Federal and Sta'te income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of party fonnd to have made the mistake and shall be paid solely by them. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. .AssETs A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, May25,2004 g clothes, furniture, and other assets. HUSBAND agrees that alii assets in the possession of WIFE (with the exception of those stored for HUSBAND's benefit in the garage) shall be the sole and separate property of WIFE. WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. The parties specifically agree that they have segregated certain items of personal property and furnishing fi)r the benefit of HUSBAND into the garage of the house where HUSBAND shall be able to store those items until the sale of the home. At or near the time of the sale or any time prior thereto, HUSBAND will remove same. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 1700 Elm Street, New Cumberland, Cumberland County, Pennsylvania. Said house is encumbered and both parties are obligated to pay two (2) mortgages filed ag~st the prop6rty. These liens are held by Wells Fargo Home Mortgage, Inc. and PNC Bank. Because of this indebtedness, the house is currently in a negative equity position. The parties have agreed that they will postpone sale of the home for a period of at least two (2) years. During that time period, WIFE shall continue to reside in the home until its sale. HUSBAND shall make ail payments on the Wells Fargo and PNC Bank loans. Payments by May 25, 2004 9 HUSBAND shall also include the escrow for insurance and taxes. In addition to the mortgage, taxes, and insurance expenses, HUSBAND shall also pay the trash and sewer expenses for the home. All payments made by HUSBAND shall be deemed alimony payments to WIFE during the period prior to the sale of the home and the total shall be reportable on WIFE's income taxes and deductible by HUSBAND from his taxes. Once the house is sold, alimony shall be made in accordance with Section iii of this Agreement. Upon the expiration of two (2) years from the date of-this Agreement and continuing thereafter, either party can request that the house be sold. Th~s process shall be commenced by providing written notice to the other of a party's desire to sell. WIFE agrees to occupy the house until it is actually sold. If WIFE should leave the home prior to its sale, no alimony payment will be required to be made to WIFE during the time period when HUSBAND is making the mortgage, taxes, insurance, trash and sewer payments set forth above. It is further agreed that once notice of the decision to sell is given by either party, it shall also be ~ven in writing to the daughter of the parties, Kelly Curran. Kelly Curran shall then have the first option to purclias~ th~ home and proper~ Kelly Curran shall have the right to purchase the home at the purchase price mutually agreed to by the parties. If no agreement on the purchase price can be reached, the parties agree that they will have the house appraised by a mutually agreeable appraiser to establish the value of the home for sale to Curran. If no appraiser can be mutually chosen, the parties agree to use Mark Heckman Appraisals of New Cumberland May25,2004 10 to establish the price upon which to sell the property to Kelly. If the parties' daughter desires to purchase the house, she shall have thirty (30) days from the d~te she was provided the actual purchase to apply for and secure a financing commitment to make the purchase. She shall then have an additional ninety (90) days in order to secure a financing commitment. In the event that she cannot secure the financing commitment to allow for settlement within ninety days from the date of receipt of the purchase price, her right to purchase shall lapse. Thereafter, the house will be immediately'listed with a realtor for sale at the price recommended by the realtor or commensurate with the appraisal, if an appraisal has been completed. WiFE agrees to cooperate fully with the marketing ofihe home by keeping the property in a well maintained condition and available for showing. Following the sale of the marital home, the net proceeds realized from the home shall be shared equally between HUSBAND and WIFE. Pending sale, WIFE shall be responsible for maintenance of the home. However, it is further agreed that if pending the sale of the property, an event occurs which necessitates an extraordinary repair to the home which affects the structural integrity of the property or the fundamental use of the property by WIFE (such as loss of the furnace, etc.), HUSBAND and WIFE shall share the costs equally for such repairs. WIFE shall also timely pay all utility charges incurred at the home. Pending sale, the Homeowners' Insurance policy will list HUSBAND and WIFE as May 25, 2004 11 insured with their interests subordinate to the lenders referenced above. In addition to the marital home, WIFE has a one half interest in a cabin and land with her brother. HUSBAND acknowledges that this interest and agrees to waive all his rights, title and interest in said property. C. MOTOR VEHICLES HUSBAND has a 1999 Chevy Tahoe which is unencumbered. Said vehicle shall be the sole and separate property of HUSBAND and WIFE waives any and all claims thereto. WIFE agrees to cooperate to execute the title of the vehicle to transfer her interest to HUSBAND, if appropriate. WIFE drives a 2000 Chevrolet Blazer, which vehicle is leased through Highland Lease Corporation. The lease payment is $395.91 per month. Until the expiration of the lease term, WIFE shall have full possession and use of the vehicle. HUSBAND agrees to continue to pay the lease payment to Highland Lease Corporation on behalf of W1FE. Said payment of $395.91 shall be deemed additional alimony to WIFE and shall be included by her in her income for tax purposes and deductible by Husband for tax purposes. Upon the expiration of the lease in October, 2004, WIFE shall be solely responsible to remm the vehicle to Highland Lease Corporation or work out any other buy-out or make any other payments for the vehicle due under the lease. In no reg.ard shall HUSBAND's liability extend beyond making the monthly payment May25,2004 12 and WIFE agrees to indemnify and hold husband harmless from any further claim by the lease company for an costs, expenses or claims. The parties additionally have a motor home which is not encumbered with any loan. Said home shall be the sole and separate property of HUSBAND and WIFE waives any interest therein. D. FINANCIAL ASSETS At the time separation, there were two (2) accounts: Waypoint Savings (Account No. 0100045531) and Postmark Credit Union. These accounts have been divided to the mutual satisfaction of the parties. E. PENSION AND RETIREMENT ACCOUNTS During the marriage, HUSBAND has earned a pension with the United States Postal Service. The parties agree that the portion of this pension earned during the marriage to the date of separation on February 18, 2002 shall be divided between the parties pursuant to a court ordered Domestic Relations Order. HUSBAND shall receive 60% of the marital pension and WIFE shall receive 40% of the marital pension. The division shall be in accordance with the proposed order attached hereto as Exhibit "A" and incorporated herein. The parties agree that the court shall retain jurisdiction over said order to make any technical changes which might be required to secure the acceptance of the Order by the federal government. May25,2004 13 F. INSURANCE HUSBAND agrees to carry life insurance in a sum of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) on himself for the benefit of WIFE during the period when alimony is being paid to WIFE by HUSBAND in accordance with the terms of this Agreement. WIFE acknowledges that she will be named as beneficiary on HUSBAND's insurance through his employment to the extent of her interest as set forth herein. If for any reason HUSBAND should loose this coverage, HUSBAND shall be released from the obligation to carry insurance for the benefit of WIFE. WIFE shall be responsible for securing and maintaining her own medical insurance at her ovqn COSTS. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate o£the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other p~my or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those fi>r necessities. May 25, 2004 14 HUSBAND shall be liable and responsible for the following debts and will indemnify and hold WIFE harmless from the same: 1. American Express Card, Account No. 3715-24 t 186-61008. This account had an approximate balance of $1,750.00 at the time of separation on April, 2002). To the best of the parties' knowledge, except as specifically stated in this Agreement, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III ALIMONY, AI~IMONY PENDENTE LITE, SUPPORT AND MAINTENANCE 1. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction cf any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite, except as specifically set forth herein. It is specifically agreed that upon the sale of the home: and HUSBAND's full release from May 25, 2004 15 the obligation to pay the mortgages, taxes, insurance, sewer and trash, HUSBAND agrees to pay directly to WIFE the sum of ONE THOUSAND FOUR HUNDRED DOLLARS ($1,400.00) per month to WIFE as alimony. This alimony shall be non modifiable except in the event of HUSBAND's disability. This alimony shall terminate upon WIFE'S death, remarriage or cohabitation with a male not related to her. Alimony shall orLly be payable by HUSBAND until HUSBAND's retirement and shall absolutely terminate when WIFE begins to receive direct .payments from HUSBAND's pension through the federal government pursuant to Section 1I., Paragraph E. above. SECTION IV CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ~T~SS REBA E. ERLSTEN May 25, 2004 16 COIvilvlONWEALTH OF PENNSYLVANIA COUNTY OF CUIvIBERLAND ) ) SS. ) Before me; the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared EDWARD J. ERLSTEN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are tree and correct to the best of his knowledge, information and belief. I~OTARY ~--UBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public ka and for said Commonwealth and County, personally appeared REBA E. ERLSTEN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this My co~~res: I I,,.11~ L Orr, lqot~ry Pub~ l My Commissi~ Expires May 13, 2007 May25,2004 17 (lay o ,2004. (SE L) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA EDWARD J. ERLSTEN Plaintiff, V CIVIL ACTION-LAW IN DIVORCE REBA E. ERLSTEN FILE NO 02 4552 Defendant, STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER NOTICE THIS QUALIFIED DOMESTIC RELATIONS ORDER IS WRITTEN IN CONFORMITY WITH OPM'S REGULATIONS. ANY VARIANCE FROM STRICT OPM GUIDELINES AND REGULATIONS IS UNINTENDED. "THE COURT HAS CONSIDERD THE REQUIRMENTS AND STANDARD TERMINOLOGY PROVIDED IN PART 838 OF TITLE 5, CODE OF FEDERAL REGULATIONS. THE TERMINOLOGY USED IN THE PROVISIONS OF THIS ORDER THAT CONCERN BENEFITS UNDER ~Ilti~; CIVIL SERVICE RETIREMENT SYSTEM ARE GOVERNED BY T}IE STANDARD CONVENTIONS ESTABLISHED IN TH AT PA RT." UPON CONSIDERATION of the Decree in Divorce entered by the court and as part of the Courts Order and Decree of Divorce entered herein on and in accordance with section 414 (p) (2) and (3) of the Internal Rcv~mue (!ode. as amended and Sections 206 (d) (C) and (D) of the Retirement Inc,~me Security Act of 1974 as amended, the Court enters the ~bllowing Qualified I)~m-. ~'tic :elalions Order with respect to the Plaintiffs United States Postal System Rearerc. ent Plan. NAMES AND ADDRESS THE NAME, BIRTHDATE, SOCIAL SECURITY NIJMBI~R AND LAST KNOW ADDRESS OF THE PARTICIPANT IS: Edward F. Erlsten P.O. Box 188 New Cumberland, PA 17070 Date of Birth: Social Security Number 185-38-1746 B. THE NAME, BIRTHDATE, SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE ALTERNATE PAYE[! IS: Reba E. Erlsten 1700 Elm Street New Cumberland, PA 17070 Date of Birth: Social Security Number 211-40- 1408 The alternate Payee is the former sm)use of the Participant and Defendant in the case. The Participant is the Plaintiff in this action. ! IDENTIFICATION OF BENEFITS AND INSTRUCTIONS TO PAY FORMER SPOUSE Edward J. Erlsten, (185-38-1746) vcill become eligible to rcc~'ivc reti rement benefits under the Civil Service Retirement System based on employment with the Uniied States Government (United States Postal Service.) Reba Er!sten ~2! 1-40-1408) is entitled to 40% of employee Edward Erlsten's gross monthly am~uity pursuant to the terms and conditions as stated herein in section II below. I1 AWARD OF A PERCENTAGE Gross monthly annuity shall be computed as of the date of svparvti<m of the parties which occurred on February 18. 2002. Specifically, for purposes of tiffs order. 40% of the gross monthly annuity shall be computed on the income lexcl of the employee as of February 18, 2002. The U~ited States Office of Personal Management is directed to pay 40% of Edward Erlslen's benefit (calculated as oI February 18. 2002) directly to former spouse ¢,eaa Erlsten at the address sta~cci herein or ether address as provided by Reba Erlsten in the event she changes do~nicilc or residence. All other benefits earned subsequent thereto (except as specifically set forth herein) shall be payable exclusively to the participant. Said payments shall be made to Alternate Payee upon Participant commencement of payments t:nder his retirement plan. II1 FORMER SPOUSE SURVIVOR ANNUITY The former Spouse, Reba Erlsten, is awarded 40% of Employee's pre-retirement death benefit as earned as of February 18, 2002. The remainder of this death benefit shall be payable to any subsequent spouse of employee. I'he former Spouse, Reba Erlsten, shall also receive 40% of the total maximum (55%~ survivor annuity earned by Employee as of February 18, 2002. Costs of the survixor annuity shall be paid by the Former Spouse. Employee is free to designate a~y ~;ubsequent spouse for the remainder of this designz, ted survivor annuity. IV EXCLUSION OF COLA'S Employee Edward J. Erlsten will be eligible for retirement benefils under the Civil Service Retirement System based on employment with the l !hired States Postal Service. The United States Office of Personal Management is d :ected to determine the amount of former spouse Rei~a Erlsten's share as of February 18~ 2002 and is not to apply COLA or any other increase to said payment. V MAILING ADDRESS OF FORMER Thc United States Office of Pers~)nal Management is directed te make ail payments pursuant to this qualified domestic relations order to the tbrlner spouse~ Reba Erlsten to the following address unless otherwise directed. AlS REBA ERLSTEN 1700 Elm Street Ne~' Cumberland, PA 17070 Edward F.~rls~en, Plaintiff -- Reba E. Erlsten, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANL~ EDWARD J. ERLSTEN V Plaintiff Civil Action-Law In Divorce No: 02-45.q2 REBA E. ERLSTEN ORDER IT IS INTENDED that this Order qualify as a Qualified Dmnestic Relations Order under the Retirement Equity Act and OPM guidelines. After consideration of the attached stipulation and it appeariog to the Court that the parties are in agreement with the terms stated therein, IT IS ORDERED that the stipulation dated q Jr3 locI shall be entered as an order of court. The court retains jurisdiction to amend this Order for the purpose of establishing or maintaining its qualification as a QDRO, provided that no such amendment shall require the Plan to provide any Wpe or form of benefit, or ai~? option, not otherwise provided under the Plan or agreement of the parties and fm'O~er provided that no such amendment or the right of the court to so amend will invalidate this Order as "qualified" under the act and ap;}licable OPM guidelines. A certified copy of this Order shall be served by certified mail ulmn the plan administrator (OPM) who shall promptly notify the Particitmnt ~md the Alterr, ate Payee of the orders. Within a reasonable time after receip~ ora copy of this Order, the plan administrator (OPM) shall determine whether this document constitutes a Dated: Notary Notary Dated: COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) On this, the 13~h day of September, 2004, before me, the undersigned officer, personally appeared EDWARD F. ERLSTEN, known to m~.q.be the person whose name is subscribed to the wiflfin mstmme~, and a'~knowledged to me that he executed the same for the / NOTARY PUBLIC My commission expires: (SEAL) MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this ~'~day of ~ (3~0/"' , 2004, by and THIS between EDWARD J. ERLSTEN, hereinafter referred to as "HUSBAND", and REBA E. ERLSTEN, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 18, 1973, in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, two children were bom of this marriage, neither of which is a minor; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out o£the marriage relationship or otherwise, including without limitation (1) the settling o£ all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and £nture support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable May 25, 2004 of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with this Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. May25,2004 4 right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or May 25, 2004 6 enforced or enforceable unless reduced to uxiting and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH 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 available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. May 25, 2004 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of par~y found to have made the mistake and shall be paid solely by them. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result ora computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, May25,2004 8 clothes, furniture, and other assets. HUSBAND agrees that all assets in the possession of WIFE (with the exception of those stored for HUSBAND's benefit in the garage) shall be the sole and separate property of WIFE. WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. The parties specifically agree that they have segregated certain items of personal property and furnishing for the benefit of HUSBAND into the garage of the house where HUSBAND shall be able to store those items until the sale of the home. At or near the time of the sale or any time prior thereto, HUSBAND will remove same. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 1700 Elm Street, New Cumberland, Cumberland County, Pennsylvania. Said house is encumbered and both parties are obligated to pay two (2) mortgages filed against the property. These liens are held by Wells Fargo Home Mortgage, Inc. and PNC Bank. Because of this indebtedness, the house is currently in a negative equity position. The parties have agreed that they will postpone sale of the home for a period of at least two (2) years. During that time period, WIFE shall continue to reside in the home until its sale. HUSBAND shall make all payments on the Wells Fargo and PNC Bank loans. Payments by May 25, 2004 9 HUSBAND shall also include the escrow for insurance and taxes. In addition to the mortgage, taxes, and insurance expenses, HUSBAND shall also pay the trash and sewer expenses for the home. All payments made by HUSBAND shall be deemed alimony payments to WIFE during the period prior to the sale of the home and the total shall be reportable on WIFE's income taxes and deductible by HUSBAND from his taxes. Once the house is sold, alimony shall be made in accordance with Section III of this Agreement. Upon the expiration of two (2) years from the date of this Agreement and continuing thereafter, either party can request that the house be sold. This process shall be commenced by providing written notice to the other ora party's desire to sell. WIFE agrees to occupy the house until it is actually sold. If WIFE should leave the home prior to its sale, no alimony payment will be required to be made to WIFE during the time period when HUSBAND is making the mortgage, taxes, insurance, trash and sewer payments set forth above. It is further agreed that once notice of the decision to sell is given by either party, it shall also be given in writing to the daughter of the parties, Kelly Curran. Kelly Curran shall then have the first option to purchase the home and property. Kelly Curran shall have the right to purchase the home at the purchase price mutually agreed to by the parties. If no agreement on the purchase price can be reached, the parties agree that they will have the house appraised by a mutually agreeable appraiser to establish the value of the home for sale to Curran. If no appraiser can be mutually chosen, the parties agree to use Mark Heckman Appraisals of New Cumberland May25,2004 10 to establish the price upon which to sell the property to Kelly. If the parties' daughter desires to purchase the house, she shall have thirty (30) days from the date she was provided the actual purchase to apply for and secure a financing commitment to make the purchase. She shall then have an additional ninety (90) days in order to secure a financing commitment. In the event that she cannot secure the financing commitment to allow for settlement within ninety days from the date of receipt of the purchase price, her right to purchase shall lapse. Thereafter, the house will be immediately listed with a realtor for sale at the price recommended by the realtor or commensurate with the appraisal, if an appraisal has been completed. WIFE agrees to cooperate fully with the marketing of the home by keeping the property in a well maintained condition and available for showing. Following the sale of the marital home, the net proceeds realized from the home shall be shared equally between HUSBAND and WIFE. Pending sale, WIFE shall be responsible for maintenance of the home. However, it is further agreed that if pending the sale of the property, an event occurs which necessitates an extraordinary repair to the home which affects the structural integrity of the property or the fundamental use of the property by WIFE (such as loss of the furnace, etc.), HUSBAND and WIFE shall share the costs equally for such repairs. WIFE shall also timely pay all utility charges incurred at the home. Pending sale, the Homeowners' Insurance policy will list HUSBAND and WIFE as May 25, 2004 11 insured with their interests subordinate to the lenders referenced above. In addition to the marital home, WIFE has a one half interest in a cabin and land with her brother. HUSBAND acknowledges that this interest and agrees to waive all his rights, title and interest in said property. C. MOTOR VEHICLES HUSBAND has a 1999 Chevy Tahoe which is unencumbered. Said vehicle shall be the sole and separate property of HUSBAND and WIFE waives any and all claims thereto. WIFE agrees to cooperate to execute the title of the vehicle to transfer her interest to HUSBAND, if appropriate. WIFE drives a 2000 Chevrolet Blazer, which vehicle is leased through Highland Lease Corporation. The lease payment is $395.91 per month. Until the expiration of the lease term, WIFE shall have full possession and use of the vehicle. HUSBAND agrees to continue to pay the lease payment to Highland Lease Corporation on behalf of WIFE. Said payment of $395.9l shall be deemed additional alimony to WIFE and shall be included by her in her income for tax purposes and deductible by Husband for tax purposes. Upon the expiration of the lease in October, 2004, WIFE shall be solely responsible to return the vehicle to Highland Lease Corporation or work out any other buy-out or make any other payments for the vehicle due under the lease. In no regard shall HUSBAND's liability extend beyond making the monthly payment May25,2004 12 and WIFE agrees to indemnify and hold husband harmless from any further claim by the lease company for an costs, expenses or claims. The parties additionally have a motor home which is not encumbered with any loan. Said home shall be the sole and separate property of HUSBAND and WIFE waives any interest therein. D. FINANCIAL ASSETS At the time separation, there were two (2) accounts: Waypoint Savings (Account No. 0100045531) and Postmark Credit Union. These accounts have been divided to the mutual satisfaction of the parties. E. PENSION AND RETIREMENT ACCOUNTS During the marriage, HUSBAND has earned a pension with the United States Postal Service. The parties agree that the portion of this pension earned during the marriage to the date of separation on February 18, 2002 shall be divided between the parties pursuant to a court ordered Domestic Relations Order. HUSBAND shall receive 60% of the marital pension and WIFE shall receive 40% of the marital pension. The division shall be in accordance with the proposed order attached hereto as Exhibit "A" and incorporated herein. The parties agree that the court shall retain jurisdiction over said order to make any technical changes which might be required to secure the acceptance of the Order by the federal government. May25,2004 13 F. INSURANCE HUSBAND agrees to carry life insurance in a sum of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) on himself for the benefit of WIFE during the period when alimony is being paid to WIFE by HUSBAND in accordance with the terms of this Agreement. WIFE acknowledges that she will be named as beneficiary on HUSBAND's insurance through his employment to the extent of her interest as set forth herein. If for any reason HUSBAND should loose this coverage, HUSBAND shall be released from the obligation to carry insurance for the benefit of WIFE. WIFE shall be responsible for securing and maintaining her own medical insurance at her own costs. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all furore obligations of every kind incurred by them, including those for necessities. May25,2004 14 HUSBAND shall be liable and responsible for the following debts and will indemnify and hold WIFE harmless from the same: 1. American Express Card, Account No. 3715-241186-61008. This account had an approximate balance of $1,750.00 at the time of separation on April, 2002). To the best of the parties' knowledge, except as specifically stated in this Agreement, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III ALIMONY, ALIMONY PENDENTE LITE, SUPPORT AND MAINTENANCE 1. ALIMONY Both parties acknowledge a~nd agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite, except as specifically set forth herein. It is specifically agreed that upon the sale of the home and HUSBAND's full release from May 25, 2004 15 the obligation to pay the mortgages, taxes, insurance, sewer and trash, HUSBAND agrees to pay directly to WIFE the sum of ONE THOUSAND FOUR HUNDRED DOLLARS ($1,400.00) per month to WIFE as alimony. This alimony shall be non modifiable except in the event of HUSBAND's disability. This alimony shall terminate upon WIFE'S death, remarriage or cohabitation with a male not related to her. Alimony shall only be payable by HUSBAND until HUSBAND's retirement and shall absolutely terminate when WIFE begins to receive direct payments from HUSBAND's pension through the federal government pursuant to Section II., Paragraph E. above. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. WITNESS(/ EDWARD ;JRLSTEN WITNESS REBA E. ERLSTEN May 25, 2004 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss. ) Before me, the tmdersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared EDWARD & ERLSTEN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, ~nformation and belief. /~scribed to before me this NCTAR~'i>UBLIC My commission expi :es~ day of~ D~aPa,~ 2004. (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared REBA E. ERLSTEN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this _/fPJ-__ day of ~ (SEAL) ,2004. May 25, 2004 17 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff : 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA REBA E. ERLSTEN, Defendant : NO. 02-4552 : CIVIL ACTION - LAW '. : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of thc Dworce Code April 7, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken. Ninety days have elapsed since the filing and service 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~~ \'~ ,oTl:2Oq EDWARD Ft~ERLSTEN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-I445 EDWARD F. ERLSTEN, Plaintiff : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-4552 REBA E. ERLSTEN, Defendant · CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4552 CWIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT April 7, 2003. have elapsed since the filing and service of the Complaint. A Complaint in Divorce under Section 3301(c) of the Divorce Code ~s f'~d on The marriage of the Plaintiff and Defendant is irretrievably brokem.~me~agsq 7~ 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: REI~A E. ERLSTEN Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4552 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unswom falsification to authorities. REBA E. ERLSTEN Barbara Sumple-Sullivan, Esquire Supreme Court//32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4552 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on October 16, 2002. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff September 13, 2004; by Defendant September 8, 2004. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 13, 2004 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: pSreoPttheon~botearry2:4,S2e0p0t4em~e~e24D, e2f;;d4~nt's Waiver c f~ ~ Divorce was filed with Dated: September, 2004 / B a~b~le_~Sulli.~ire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID//32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD F. ERLSTEN, Plaintiff REBA E. ERLSTEN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4552 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: September ~, 2004 Richard R. Gan, Esquire Gan Law Offices 17 West South Street / ~ar~ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. #32317 Attorney for Plaintiff IN THE COURT OF COMMON EDWARD F. ERLSTS~, Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. 02-4552 NO. PLEAS VERSUS pRBA E. ERLSTEN, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND 2004 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED PROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 1~ 2004 and incorporated, but not merged, into the Decree. BY THE COURT: /'~ ~