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HomeMy WebLinkAbout96-01234 \ J j . i \ " '.......---. /// I I j-- ~r :',~ .~ :_,;~ "',,-,, 1"1-'" -ji ~-t~: ,'s .' ~ . . ~~~~----~-----~~---->------~--~ ~ ..~--,.- ----- -------.__._._.- ---. ~ 8 8 IN THE COURT OF COMMON PLEAS 8 8 8 8 OF CUMBERLAND COUNTY 8 8 ~ 8 8 ~ 8 : STATE OF 'q>~: PENNA. : 8 8 8 CAROL P. SMITH, Plaintiff !\;ll. 96-1234 C~,,,il Term 8 8 a 8 V"I"'"" . 8 ,THOMAS SCOTT SMITH, 8 8 Defendant * 8 8 ~, ~ 8 . 8 DECREE IN . : DIVORCE : ~ " '. ANDNOW...........P.c,t:;~,&:<:--..../.!"... 19.??.... it is ordered and . i ~ 8 decreed that . .C:<!~9.l. .1:',. ~.I1!H~. .. .. . . .. . . .. . . . . . . .. .. .. .. .. . '. plaintiff. . J and. :r.l\Ql1l;lll. .Sc9.t.1; .S(11.!.I;I). . . . .., . ,. , .. . .. .. ... . . . .. .. .. . .... defendant. ~ ~ are divorced from the bonds of matrimony. ~ 8 . 8 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 . 8 been entered;, 8 J .custody. Agteement .and .Marital .Settlement .Agreement . between . parties. both. d;1ted . 8 *,' 8 tolay. 22,. .199.6,. are ino::lrp::lrated,. but not merged .into .this .decree .in .diVWCli. ~ ~ .:1: ~ c()ur~. 8 ..4 . IlA . IJY ,,'. . 8 Alle.l: ~i,.('l~',t"'" c" /.0-, ,,;7~~ .6?~ J. ~ ,},' /' 1./// .:LY ~--/' , 8 . 'A:7C'V-i -'5'i;%'~ ~lhonOla~y " ~ ~-...~.z:-:;;' -- ---- -----,..- .:<<.'.:.:. ..~:. .:.:. .:~. ':Ia:' ,:,::':;.-:--.J '" ',J > 0 a "'... ::I - III ,. Z ~ Z ,. "' z ~~~~~ ~'<O.._ aJt8~* z i:i ~ z ... ~~zrr; ~g~:f; :l '" 3 r o = ~ :.: '" u ; . >> " ~GREEMF.NT This Agreement is made this Z 7 ~ day of J . 1996. by and between CAROL p, SMl'fH of Cumberland County. Pennsylvan a ("Wife") and THOMAS SCOTT SMITH of Cumberland County. Pennsylvania ("Husband"), WITNESSETH WHEREAS, the parties hereto are Husband and Wife. having been married on June 5, 1965, in Allegheny County. Pennsylvania; WHEREAS, husband and wife have acquired certain property and incurred certain debts during the course of the marriage; and WHEREAS. husband and wife now live separate and apart as the marriage is irretrievably broken; and WHEREAS, husband and wife wish to equitably divide the property of their marriage between themselves; and NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Hu~band. each intending to be legally bound hereby, covenant and agree as follows: I. Advice of C(}ut/.~el. The parties acknowledge that each has had the opportunity to retain and receive independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property. estate. assets. liabilities. income and expenses, that each is familiar with and fully understands the facts including the property. estate. assets. earnings. and income of the other. and that each has . . had the opportunity to fully avail him or herself of his or her legal rights and obligations. Each of the parties acknowledges and agrees that this Agreement is, in the circumstances, fair reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue inl1uence, coercion, collusion and/or improper or illegal Agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estates, liabilities, and sources of income and that they waive any specific em:meration thereof for the purposes of this Agreement. 2. EffectiVl! Date of Agreemel/t, This Agreemeni will becom.e effective and binding upon both parties upon execution of this Agreement by both ofthem. 3. Effect of Divorce Decree-II/corporatioll, No Merger. The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreemer.t incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgement or order of separation or divorce in any state, country or jurisdiction, each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or C:ivorce, it being agreed by the parties that 2 . tlis Agreement shall continue in full force and etl't:ct after such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree. judgment or order. 4. Effect 011 Divorce, The parties agree to lake all legal sleps (including timely and prompt submission of all documents and the taking of all action including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 330 I of the Divorce Code is entered as soon as possible, but in any event not later than SilC (6) months from the date of elCecution of this Agreement. To that end, the parties agree to promptly execute the affidavits required to obtain a divorce pursuant to ~ 3301(c) of the Divorce Code, If, after the elCecution "f this Agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorney's fees, costs and/or elCpenses incurred as a result of such delay in obtaining the decree. 5. Effect oj No Divorce. The elCecution of this Agreement is predicated upon and made subject to the attainment ofa final decree in divorce under Sections 3301(c) of the Divorce Code and therefor, elCcept as otherwise provided for herein, this Agreement will be null and void if a final decree in divorce is not obtained with silC (6) months of the date of execution of this Agreement. 6, Warrallty oj Disclosure, Husband and Wile represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities, Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 7. Equitable Di.vtribution (if Property. (a) Premises. Husband and Wife hold title as joint tenants by the entireties of the premises identified as 535 Highland Avenue, Carlisle. Cumberland County, Pennsylvania 17013 (the "Marital Residence"). A legal description of the "Marital Residence" is anached hereto as AppendilC "A" The parties agree as follows with respect to the "Marital Residence": 3 . (i) On the date of execution of this Agreement, Wife shall have the right to the exclusion of the Husband to reside in the "Marital Residence." (ii) There is presently outstanding against the "Marital Residence" a mortgage, Commencing on the "date of execution" of this Agreement, Wile shall be solely responsible for the timely payment of all present and future principal, interest, and other fees due on the mortgage. Wife shall keep Husband indemnified and held harmless from any liability, cost or expense including any attorney's fees which are incurred subsequent to the date of the execution of this Agreement in connection with the mortgage. (Hi) Ifat any time after the execution of this Agreement, Wife determines that sale of th~ "Marital Residence" is appropriate, Husband agrees to cooperate, including execution of any documents necessary to effectuate the transfer of the marital residence. Husband agrees that Wife has the sole right to the proceeds of any such sale of the "Marital Residence." (b) Cotl/etlls of Marital Re.vidence. As of the date of execution of this Agreement, Husband shall set over, transfer and assign all of his right, title and interest in all of the contents of the "Marital Residence" including but not necessarily limited to all fumiture, furnishings, rugs, carpets, household appliances and equipment, pictures, paintings, books, decorations, works of art, silver, china, glassware and other items of tangible personal property of whatever nature currently located in the premises. Wife hereby releases and relinquishes all claims and demands whatsoever as to the whole or any part of the said items of personalty which are distributed to Husband. 4 (c) R"ir,mllllt IIIterllSI al/d BII/lefils. Husband and Wife bave interests ill the following C'.osting retirement plans described below: I) TIAA-CREF Retirement Account (Dickinson College Remittur): TIAA Contract # - A446124-8 , CREF Certificate # - P446 124-' Identification # - 191-36-03" 2) Fidelity Investments 4038 Account # - 027 0370833471 3780 I 3) Connecticut Mutual Life Insurance Company Agent's Retirement Plan Identification # 176-34-4497 Husband and Wife agree to divide the above-referenced retirement assets equally between the parties. for purposes of this paragraph, the date of valuation of the assets shan be December 31, 199'. The parties agree that any transfer shall be made in a manner that will not cause the funds to lose their tax free or tax deferred status and that any transfer shan be made pursuant to a Qualified Domestic Relations Order (QDRO) as that term is defined by the Internal Revenue Code and its amendments and ERISA. The QDRO shan be in the form of a Court Order and executed by both Husband and Wife submitted to the Court for entry as an Order and sent to the benefits administrator of Husband's retirement plan, or other appropriate person for approval and acceptance. Other than the amounts and benefits set forth above, Wife hereby waives any and all right, title and interest to all oth~r existing and future retirement assets or benefits of Husband. Husband hereby waives any and all right, title and interest to existing and future retirement assets or benefits of Wife. 8. Crlldil. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts e,w,"t which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. 9. Il/sural/clI. Husband agrees to maintain on bis life an insurance policy of not less than S I '0,000.00 until his death. Husband further agrees that the beneficiaries of this .; , policy are to be Wife. or contingently, a trust for the bene lit of the children born to Husband and Wife, 10. Remarriagl!. The parties agree to give each other wriuen notice of their intention to remarry not less than ninety (90) days prior to such remarriage, J I, Bankruptcy. The parties agree that neither willlile for bankruptcy while joint debts of the parties exist. 12, Warranty uv /0 Fu/url! Oh/iga/io1l.Y. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnifY and hold harmless the other party from and against any such liabilities, costs or expenses, including attorney's fees, relating thereto incurred by the other party after the date of execution of this Agreement. 13. Mu/ual Relea.ves, Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United 6 States, or (iii) any other country Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other f('r equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereaRer against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the ,Divorce Code or otherwise, Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, it is the intention of Wife and Husband to give to each other by the execution of this Agreement, and full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereaRer acquire. 14. Mutual Waivers. Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, e)(cept as provided for in this Agreement, Wife and Husband do hereby waive. release, and give up any rights that they may respectively have, either at the present or in the future, again~t the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. E)(cept as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself 7 .. without seeking any support from the other party from the date of execution of this Agreement. In the event that either of the parties shall nevertheless seek such a moditication, that party shall indemnitY and hold the other party harmless from and againsi any loss resulting therefore, including counsel fees and costs. 15. Waiwr or Modi/ka/IOII/a be ill Writing. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 16. Mutual Cooperatiot/. Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. Law of Pellllsylvallia Applicable. This Agreement shall be construed in accordance with the laws of the Commonwealth ot'Pennsylvania which are in effect as of the date of execution of this Agreement. 18. Integra/iof/, This Agreement constitutes the entire understanding of the partiea and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set torth herein. 19. Severability. Ifany term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full torce, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 8 20, WaiVl'r of Liahlli~y. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as t~ all or any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~1*(!;i , Qw.oy? ~.J1J Carol P. Smith -1?mzVb ~;tt)~ ;(~mas Scott Smith 9 '.. , ",1 ( , L~ ,. t", . c' ~: ... I " (i '- , - > 0 a "'... ~ ~ ~ ; Z ~ ~ z .1Il .., '< ~ ~ :.: it( D)- I '8"'- a ~ z ~ ~~~~E ~~~~~ :l '< 3 :J: O - A. - :I :.: '" u . . ' ------ ~ 'R:---' '" ,<'i, 'oJ '-' :f" .~ ..... " ~...." ,.' .. \ . ... 'j .. -<'l , '~ \,J _ -' . .... 'T'- ; ... ~ ~J\~ r- \' I.." I" I" , !:l '" ~1 , In IV\ '-1- <.l @ ,. lc.... it- /V) (ll l'l . I.fI ':It. .. '. ( I' v \,' .J') ..::) \,n ..;.J -i, "T- ....... C,) .~ L.._ - - - \' ~ ~ "'t > = o a"'!:: z ~ i ~ ~ ~ ~ ! g ~'\CaS!~ a III 0 III ' .. 0 Z - Z "' ~ z !:! 0( Z Z "' - VI a: a: II. ... ~g~:f1S :l c 3 i o - II. ~ -:I '" U CAROL p, SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA 11. /J j 'I G..~ u..".~ : NO. CIVIL 1996 THOl\.fAS SCOTT SMITH, Defendant : CIVrL ACTION . LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, CAROL P. SMITH, by and through her counsel, Kollas and Kennedy, and respectfully represents as follows in support of the within Complaint: 1. Plaintiff is Carol P. Smith, an adult individual currently residing at 535 Highland Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Thomas Scott Smith, an adult individual currently residing at 600 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the tiling of this Complaint. 4. The Plaintiff and Defendant were married on June 5, 1965 in Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. S:;OUNT 1_ DIVORCE PURSUANT TO 83JOHc\ OR (d\ pF TilE DIVORCE CODE 7, Paragraphs I through 6 of this Complaint are incorporated herein by reference as though set forth in full, 8, The marriage of the parties is irretrievably broken. S:;OUNT 11- CUSTODY 9. Paragraphs I through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Seven children have been born to the marriage between Plaintiff and Defendant. Presently, three (3) of these children are minors: a) A son, Jonathan, was born on April 24, 1978; b) A son, Daniel, was bom on April 24, 1980; and c) A daughter, Sharon, was born on April 4, 1984. 11. These children are presently in the custody of Plaintiff. 12. The children have resided with the following persons and at the following addresses: Carol and Scott Smith 535 Highland Avenue Birth to August 1995 Carlisle, PA 17013 Carol Smith 535 Highland Avenue Carlisle, PA 17013 August 1995 to present 2 (c) As to Count III, that an order for equitable distribution of the marital property and marital debts of the parties be enlered substantially in the form of a Property Settlement Ajveement to be filed in this matter at a later dale which shall be incorporated into, but not merged with the final decree in divorce RESPECTFULLY SUBMITTED, DATE: t Mary Ko Kennedy, Esquire 1104 Fe w od Avenue, Suite 1 Camp Hill, PeMsylvania 17011 Telephone: (717) 731.1600 1.0. No. 6!1246 ATTORNEY FOR PLAINTIFF 5 Plaintiff, : IN TIm COU1\T OF COMMON PLEAS OF : CuMBElUAND COUNTY. PENNSYLV AN1A v. : NO. 96-1134 C lVll. TERM TIIOMAS SCOTT SMl'TH. Defendant : CIVU. ACnON -lAW : IN DIVORCE WAMR OF NOTlCI: OF IN1'ENTION TO lUQutST EN'TRY OF A DIVORCE DECREE JINDtR tJJOHc) OF Tm'. DlVORCJ: cont 1. I ,0DSCI1t to the entry of a final de"ee of divor" withOllt noti", 2, I understand that I may lose rights conceming alimony, division of property, lawyer'sleea or expenses if I do not ,Ialm them before a divorce is granted. 3. I understand that I will not bo clivorccd until. dlvorco docfoo is ontotod by tho Court and that a copy of the decree will be sent to me immediately after it is fi\ed with the PrOthOllOtlf)'. I verify that the statements made In thla affidavit are true and 'onect. I understand that falae statements herein ue made subject to the penahies of 18 Pa.C,S. 04904 relating to unsworn faIsit1cation to authorities. ~~~;tI~ mOMAS SCOTT SMITH DATED: '11<'v 22, 1'114.- , C", " 1 ,. ,~ ( I 1,_ I' (~; l C. ) " I __.1, ...... ~ I, . .-., c__ L .... N tr; N <' .... ~ ('~l , c~ ~:.:: , : , ~<. " . r- '- ''l;:..i ( , " _:r ,"l .- .- lip .' ~l~ I' ==~ ,c_ p- ,0 1 (..J <I' e..J ,- j . !\:. 1.'I~!Mr!<H;,,oj i~; i"'~.lurlT ';' '~ 1 "1'11 T1: ." ,.,- ,-' ~f iT I! r Ii' q .' 1;11', r.;nHF:!"1'; " '{Ht[q":h; ,\ tl It t', l~' ,n.'. I:, . r , , , UP':)" ;'!~. "1';; '. 'j.., ,jl.:' t (;>Il' ~ n \0- . I' , . 1991~, '. t (~/I~L [' E, -. -\ ~ (' '~! 'JO f, '':. ':0,,; '.'--\1' 1. u t:, f',lf' 'In,:l I", f, t '~".1': t. t~. . ,- 'J]!; , ~ r! ':In.-j :J~. "h.-:: i'l""" t LII" '.:::h'" elf t ';.,' i I'....;!, :,"'J '" ,\t.f i'_' ,"'. ';,~; U l" ~ ,; '}" -,.r~ ,/-" ~""A _ ;r'--( ~,,/ ~~ ? "":.'. .-:";>&.: ..w.~,.!~. ~C:~ ,., ~ ~ . if' -.--" . ///-/ --/ q7 ~~'~/()d ~-;:;:r~/n?~ . ~ ';J , h: .J I... 7~Lfi.t(..'-' '1(, "+1'--: . G '. 111.w...... , A1t.r:, ~ 1"') po. - ~. c: I ~J'" .. .3 , ..... ~~' I.':. .., L.;,: ) ~',.1 ~') :;"-;1 ff}l::' I I ~'.;1 ~!:: . C': --"" ~. "- .rllJ .... '''.. H. ,... (,) :'J O'l () (~ - > 0 a "'... III ::1- Z ~ z ~ z :l ~ Z III ~ '" ~ II ~10~! UJ 0 II ' ~ i:i ~ I ~ ~~zrr; ~~~:f; :l '< 3 r o - II. ~ -:r '" u ~ . .. APR iI.l IY9rbV ; . -, '. -- C') fro I.('; .'1: ,. .. ')..-f' wC;J - .' -.:; - 0- -- , ...., fE\ - -; 'l-:-..J 9( . 0- ,- ':'n @i:.. ,n/ I ,~- 4j ...-1, r: I:' U:'i u- ,~! Q.. ~ :j I , r- (,) a' u 6. The balance oflhe aforementioned account on September 30, 1989, was S 144,880. 71. IT IS ORDERED, ADJUDGED AND DECREED as follows: I. All of the aforementioned TIANCREF accounts are marital property subject to distribution by this court. 2. Pursuant to a marital settlement agreement attached hereto as Exhibit "A," 30% of the TIANCREF accounts valued on December 31, 1993, plus actual interest earned on this sum from December 31, 199~, to the date that the retirement benefit is in pay status is awarded to the Ahernate Payee Carol p, Smith and is to be segregated into an account in her name. 3. The term of said payments is for the life of the Alternate Payee, a number of years certain or a lump sum payment. The term to be as selected by the A1temate Payee from any payment option available to her from the TIANCREF accounts at the time the retirement benefit is in pay status. Payments are to commence at the retirement date chosen by the Ahernate Payee but in no event earlier than the earliest retirement date provided under the Plan, or in the case of this defined contribution plan, a date whicb is not more than ten years before the normal retirement age under the Plan. 4. In the event a Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on whicb the Participant attains (or would have attained) the earliest retirement age, as if the Participant had retired on that date even if the Participant bas Dot actually retired or separated from service. ~. The plans to which this Order applies are the TIM, Contract #A446 124-8. and the CREF, Certificate #1>446124-5, or any successor plans. 6. The Ahernate Payee, Plaintiff shall have the same rights with regard to her portion of the account as are available to the Participant, Defendant, with regard to his remaining portion of the accounts. These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from then existing retirement dates and payment options, the right to the distribution of benefits following the cessation of employment and the right to such increases in value in the accounts as might occur as a resuh of the general upgrading of the plan, plan amendments, earned interest profitability of plan investments, etc. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the plans. 7. In the event that actuarial computation is necessary to determine "actuarial equivalents" and/or the difference between benefits actually accrued, non-subsidized benefits, or employer subsidized benefits, for the purpose of the earliest retirement age option by the Ahernate Payee, or otherwise, the Plan Administrator shan obtain the services of any actuary who is enrolled under Subtitle C of Title ill of the Employment Retirement Security Act of 1974. 8, Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed against the parties such that Ahernate Payee shall pay 50% and Participant shall pay 50% of the costs. 9. The Alternate Payee shall have the right to ron over the benefits distributed to her pursuant to the terms and provisions of the Order to an eligible retirement plan such Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA CAROL P. SMITH, v. : No. 96-12)4 Civil Term mOMAS SCOTI SMITH, Defendant CIVIL ACTION . LAW : IN DIVORCE MARIT "-L SETTLEMENT .\GR[D([~T - --, I .,., i -. r . ~ -. "0' '-8 c.:. ,= - '~~ ['"" .., ~ :. ;~ > ~ jm . ~ ,-.. ~ - oXl IXHI8IT AGRF.F.MENT This Agreement is made this Z7~ day of~, 1996, by and between CAROL P. SMITH of Cumberland County, PennsylvJ?a ("Wife") and THOMAS SCOTT SMITH of Cumberland County, Pennsylvania ("Husband"). WITNESSETH WHEREAS, the parties hereto are Husband and Wife. having been married on June 5, 1965, in Allegheny County, Pennsylvania; WHEREAS, husband and wife have acquired certain prc~erty and incurred certain debts during the course of the marriage; and WHEREAS, husband and wife now live sc:parate and apa.-: as the marriage is irretrievably broken; and WHEREAS, husband and wife wish to equitably divide the property of their marriage between themselves; and NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the panies hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: I. Advice of Counsel. The panies acknowledge that each has had the opportunity to retain and receive independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts including the property, estate, assets, earnings, and income of the other, and that each has had the opportunity to fully avail him or herself of his or her legal rights and obligations Each of the panies aclnowledges and 3grees that this Agreement is. in the circumslances, fair reasonable and equitable, that it is being entered into freely. voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress. undue intluence, coercion, collusion and/or improper or illegal Agreement The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estales, liabilities, and sources of income and that they waive any specific enumeralion thereof for the purposes of this Agreement. 2 Effl!ctivl! DatI! ofAgrt!t!mt!n1 This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them, 3 Effl!L.t of Dnmrcl! Dt!"Nt!-lnctJrporatlOlI. So Jft!r~t!r The parties agree that unless otherwise specitically provided herein this :\greement shall .:ontinue :n full force and effecI after such time as a tinal decision in divorce may be entered with respect to the parties. Husband and Wife agree that the lerms of this :\greement shaH be incorpomed but not mer):!ed into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreemenl incorporated as part of any such decree, judgment or order, The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the panies obtain a decree, judgement or order of separation or divorce in any state, country or jurisdiction. each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that 2 this Agreement shall continue in full force and effect after such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree, judgment or order 4. Effllct on DivorclI, The parties agree to take all legal steps (including timely and prompt submission of all documents and the taking of all action including e;(ecuting the appropriate waivers of notice of the master's hearing, right to file e;(ceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 330 I of the Divorce Code is entered as soon as possible, but in any event not later than Si;( (6) months from the date of execution of this Agreement. To that end, the parties agree to promptly execute the affidavits required to obtain a divorce pursuant 10 ~ 330I(c) of the Divorce Code, If. after the e;(ecution of this Agreement. either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorney's fees, costs and/or expenses incurred as a result of such delay in oblaining the decree, 5, EJfllct oJ.Vo D,van'lI The execution of this Agreement is predicated upon and made subject to the attainment ofa tinal decree in divorce under Sections 3301(c) of the Divorce Code and therefor, e;(cept as otherwise provided for herein, this Agreement will be null and void ifa final decree in divorce is not obtained with six (6) months of the date of execution of this Agreement. 6. Warranty oj Disclosure. Husband and Wife represent and warrant that they have disclosed to each o\her the full extent of their assets, income and liabilities, Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 7. Equitable Distribution of Property. (a) Premises. Husband and Wife hold title as joint tenants by the entireties of the premises identified as 535 Highland Avenue, Carlisle, Cumberland County, Pennsylvania 17013 (the "Marital Residence"). A legal description of the "Marital Residence" is attached hereto as Appendix" A." The parties agree as follows with respect to the "Marital Residence": 3 (i) On the date of execution of this Agreement, Wife shall have the right to the exclusion of the Husband to reside in Ihe "Marital Residence." (ii) There is presently CJutstanding against the "Marital Residence" a mortgage. Commencing on the "dale of execution" of this Agreement, Wife shall be solely responsible for Ihe timely payment of all present and future principal, interest. and other fees due on lhe mortgage. Wife shall keep Husband indemnified and held hannless ITom any liability, cost or expense including any attorney's fees which are incurred subsequent to [he date of the execution of this Agreement in connection with the mortgage. (iii) If at any time after the execution or :his Agreement. Wife detennines that sale of the "\larital Residence' is appropriate. Husband agrees to cooperate. including execution or any documents necessary to effectuate the transfer or the marital residence, Husband agrees that Wife has the sole right to the proceeds of any such sale of the "Marital Residence." (b) Contents of Mar ita/ Residence. As of the date of execution of this Agreement, Husband shall set over, transfer and assign all of his right, title and interest in all of the contents of the "Marital Residence" including but not necessari1y limited to all furniture, furnishings, tugs, carpets, household appliances and equipment, pictures, paintings, books, decorations, works of art, silver, china, glassware and other items of tangible personal properly of whatever nature currently located in the premises. Wife hereby releases and relinquishes all claims and demands whatsoever as to the whole or any part of the said items of personalty which are distributed to Husband. 4 (c) R6ti,.m.ntlnt.,.st and BIlMjlts. Hushand and Wife bavll interests in the tbllowing existing retirement plaus descn'bed below: I) TIAA-CREF Retirement Account (Dickinson CoOege Remittur): TIAA Contract # - A44612....8 . CREF Certificate # - P44612....' J.ientification # - 191-36-031' 2) Fidelity Investments 4038 Account # . 027 0370833477 37801 3) Connecticut Mutual Life Insurance Company Agent's Retirement Plan Identification # 176-3....4497 Husband and Wife agree to divide the above-referenced retirement assets equally between the panics. For purposes of this paragrapb, the date of valuation of the assets shall be December 31, 199'. The parties agree that any transfer shall be made in a manner that will not cause the funds to lose their tax free or tax deferred status and that any Iransfer shall be made pursuant to a Qualified Domestic Relations Order (QDRO) as thatlerm is defined by the Internal R.:venue Code and its amendments and ERISA. The QDRO shall be in the form ofa Coun Order and executed by both Husband and Wife submined to the Coun for entry as an Order and sent to the benefits administrator of Husband's retirement plan, or other appropriate person for approval and acceptance. Other than the amounts and benefits set fonh above, Wife bereby waives any and all right, title and interest to all other existing and future retirement assets or benefits of Husband. Husband hereby waives any and all right, title and interest to e:Osting and future retirement assets or benefits ofWtfe. 8. Cwbt Wife and Husband represent that they have taken all steps necessary to make sure that 110 credit cards or similar accounts exist which provide for joint liability. From the date of executiOI1 of this Agreement, each party shall use only those cards and accounts for which that party is individually liable, 9. Insuranc.. Husband agrees to maintain on his life an insurance policy of not less than S 1 '0,000. 00 until his death. Husband funher agrees that the beneficiaries of this , policy are to be Wife. or contingently, a tru~t for lhe benefit of the children born to Husband and Wife. 10, Remarrrage. The parties agree to give each olher written notice of Iheir intention to remarry not le'lS than ninety (90) days prior to such remarriage 11, Bankruptcy. The parties agree Ihat neither will tile for bankruptcy while joint debts of the parties e:<ist. 12. WarralllYas to Future ObligatlOlls. Wife and Husband each covenants. represents, warrants, and agrees that, except as may be otherwise lpecifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable. and each now and at all times hereafter ~hall indemnitY and hold harmless the other party from and against any iuch liabilities. costs or expenses. including attorney's fees. relating thereto incurred by the other party alter the date of execution of this Agreement. 13 MU/l1<I1 Rde<lSes. Except. and only except for ail rights. agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise. release. quitclaim and forever discharge the other and the estate of the other. for all lime 10 come, and for all purposes whatsoever, of and from any and all rights. litle and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any pan thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the right to treat a lifetime conveyance by the olher as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United 6 States, or (iii) any other country Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may ari~e under this Agreement or for the breach of any part of this Agreement. the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant 10 the PeMsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limit~d to claims for past, present or future support or maintenance, alimony. alimony pendente lite, property division (including but not necessarily limited to equitable distri~ution). counsel fees. cosu or expenses, whether arising as a result of the marital relation or otherwi~e. whether under the .Di~orce Code or otherwi~e, Except. and only except, tor all rights, agreements and obli~ations of whatsoever nature arising under or which may arise under this Agreement or tor the breach of any part of this Agreement. it i~ the intention of Wife and Husband to gIve to each olher by the execution of this Agreement, and full. complete and general release with respect to any and all property of any kind or nature. whether real, personal or mixed, which the other now owns or may hereafter acquire 14. Mutual Waivers, Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequale fund with which to provide themselves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, again~t the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statule or authority, Except as provided for in this Agreement, it shall he the sole responsibility of Wife and Husband to sustain herself or himself 7 without seeking any support from the olher party from the dare oi execution of this Agreement In the event Ihat either of the parties shall nevenheless seek such a modilication, that party shall indemniry and hold thl! orher party harmless from and against any loss resulting thl!refore, including counSllI fees and cosu. l~, Wa/wr or Modiflcalion 10 bl! in Wrillng. No modilication or waiver of any of the rerms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature 16 ,\./ulual CoopflrallOIl. Each party shall, at any rim., and from time to time herufter. takl! any and all steps to execute, acknowled!je and ddi\er to the other party any and all furthl!r instruments and-or (wilhin at least litleen days aner demand thereiorel documents that the other party may reasonably require for the purpose of giving full :i.:r.:e and effecl to the provisions of this Agreement. 17 Law of Pmnsylvanl</ Appli.'abll!. This Agreelne~t ihall be construed in accordancl! wilh the laws oflhe Commonwealth of Pennsylvania which are in effecl as of the date of e:tecution of this A!P'eement. 18 Intl!gralion. This Agreement conslitutes the emire undemanding of the parties and supersedes any and all prior agreements and negotiations bel'.lieen them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those e:tpressly set fonh herein. 19, Severability. If any lerm, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise. then only that tenn, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any pany to meet her or his obligations under anyone or more of the Paragraphs herein, with the e:tception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 8 $49,492.27. IT IS ORDERED, ADJUDGED AND DECREED as follows: I. All of the aforementioned Dickinson College 403(8) Voluntary Contribution Plan account is marital propcrty subject to distribution by this court. 2, Pursuant to a marital settlement agreement attached hereto as EMibit "A," ~O% of the sum 0($24,746.14 from the account plus actual interest eamed on this sum from December 31, 199~, to the date that the retirement bene6t is in pay status is awarded to the Alternate Payee, Carol P. Smith, and is to be segregated into an account in her name. 3. The term of said payments is for the life of the A1tematc Payee, a number of years certain or a lump sum payment. The term to be as selected by the Alternate Payee from any payment option available to her from the Dickinson College 403(8) Voluntary Contribution Plan at the time the retirement bene6t is in pay status. Payments are to commence at the retirement date chosen by the Alternate Payee but in no event earlier than the earliest retirement date provided under the Plan, or in the case of this de6ned contribution plan, a date which is not more than ten years before the normal retirement age under the Plan. 4. In the event a Plan provides the option to the Participant to elect to obtain bene6ts at the earliest retirement age, the bene6ts shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement age, as if the Participant had retired on that date even if the Participant has not actually retired or separated from service. ~. The plan to which this Order applies is the Dickinson College 403(8) Voluntary Contribution or any successor plan. 6, The A1temate Payee, Plaintiff shall have the same rights with regard to her portion of the account as are available to the Participant, Defendant, with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from then existing retirement dates and payment options, the right to the distribution of benefits following the cessation of employment and the right to such increases in value in the account as might occur as a result of the general upgrading of the plan, plan amendments, earned interest profitability of plan investments, etc, In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any henefit not otherwise provided WIder the plan. 7, In the event that actuarial computation is necessary to detennine "actuarial equivalents" and/or the difference between benefits actually accrued, non-subsidized benefits, or employer subsidized benefits, for the purpose of the earliest retirement age option by the Alternate Payee, or otherwise, the Plan Administrator shall obtain the services of any actuary who is enrolled WIder Subtitle C of Title m of the Employment Retirement Security Act of 1974. 8. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed against the parties such that A1temate Payee shall pay 50% and Participant shall pay 50% of the costs. 9. The Alternate Payee shall have the right to roll over the benefits distn'buted to her pursuant to the terms and provisions of the Order to an eligible retirement plan such CAROL P. SMITH, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF :, CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 96-12~" Civil Term TIlOMAS SCOTT SMITH, Defendant : CIVIL ACTION . LAW : IN DfVORCE MARIT AL SETTLEMENT AGREDIENT ,- , - .'"1 , , -.' . -:1 .,.. 4 C'. " 11 ... ~,J '-8 .' -, (,. .= f: '~ :2 "J ..' ~~~ of~'. --, >. ~ .:> " ';;! ~H ""' .:0 ~. -. EXHI .. ;."-'..",' , '-"-,""."':1 .........".;~ -""'.';.';;::! A.";'; AU.IWP____-;~-;; AGREEMENT This Agreement is made this l7_ day of , 1996, by and between CAROL P. SMITH of Cumberland County, Pennsylv a ("Wife") and THOMAS SCOTT SMITH of Cumberland County, Pennsylvania ("Husband"), WITNESSETH WHEREAS. the parties hereto are Husband and Wife. having been married on June 5, 1965, in Allegheny County. PeMsylv~nia; WHEREAS. husband and wife have acquired certain property and incurred certain debts during the course of the marriage; and WHEREAS, husband and wife now live separate and a9ar. as the marriage is irretrievably broken; and WHEREAS, husband and wife wish to equitably divide the property of their marriage between themselves; and NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for olher good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the panies hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: I. Advice of Counsel. The panies acknowledge that each has had the opportunity to retain and receive independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts including the property, estate, assets, earnings, and income of the other, and that each has had the opportunity to fully avail him or her!elf of his or her I~!!al rights and oblitlarions Each of the parties acknowledges and agrees that this Asreement is. in the circumstances. fair reasonable and equitable, that it is beins entered into lreely, voluntanly. and In good faith and that rhe execution of this Agreement is not the result of any duress. undue inlluence, coercion, collu!ion and/or improper or iIIesal Asreement The parties further acknoy,ledse that they have each made to the other a full and complete disclosure of their respective assets, estates, liabilities. and sources of income and that they waive any specilic enumeration thereof lor the purposes ofrhis Agreement. 2. EfftlcflVI! Dattl of Agrtltlmtllll This A!!reem~ni y,ill b~come ~ffective and binding upon both parties upon execution of this A!!r~ement by both of them. 3 Efftlcl of DtvorctI DtI,'rtltl-IncorporatlOl/. .\'0 J/tlr:jtlr The parties agree that unless otherwise specilically provided herein this A!!reem~nt shall ~ontinue in full force and ~tfect after such time as a linal decision in divorc~ may b~ ent~red y,ith :espect to the parties Husband and Wife agree that the terms of this A!!r~ement shall be incorporJt~d but not m~r!!ed into any divorce decree which may be ent~red with resp~ct to the parties Jnd th~retore Wife and Husband agree and each of the parties does hereby warrant and r~present to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgement or order of separalion or divorce in any state, country or jurisdiction, each of the parties agrees that all of the provi~ions of this Agreement shall not be affected in any way by any such separation or divorce. it being agreed by the parties that 2 this Agreement shall continue in full force and effect after such lime as a final decree a divorce may be entered and shall survive and not be merged into 1I1Y such decree, judgment or order. 4. Elftlct on DillorcfI. The parties a~ree to lake a1lle~a1 sleps (including timely and prompt submission of all documents and the taking ot' all action including e~ecuting the appropriate waivers of notice of the master's hearing, right to file e~ceptions, and right to rile appeal) necessary to assure that a divorce pursuant to Section 330 I of lhe Divorce Code is entered as soon as possible, but in any event not later than Si~ (6) months ITom the date of e~ecution of this Agreement To that end, the parties agree to promptly e~ecute the affidavits required to obtain a divorce pursuant to ~ 3301(c) oflhe Divorce Code If, after the execution of this Agreement. either party delays or contests the obtaining of a final. unappealed divorce decree, that party shall be fully responsible for all attorney's fees. COSIS and/or e~penses incurred as a result at' such delay in obtaining lhe decree. S, Elfflcr oj.Vo D/V()rcl! The execution of this Agreement is predicated upon and made subject to the attainment ofa tinal decree in divorce under Sections 330 I(c) of the Divorce Code and therefor, except as otherwise provided for herein, this Agreement will be null and void ifa final decree in divorce is not obtained with six (6) months of the date of execution of this Agreement 6, Warranty oj Dlsc/osure. Husband and Wife represent and warrant that they have disclosed to each other the tilll extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condilion of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 7. Equitable Distribution of Property. (a) Premises. Husband and Wife hold title as joint tenants by the entireties of the premises identified as 535 HighIar.d Avenue, Carlisle, Cumberland County, Pennsylvania 170\3 (the "Marital Residence"). A legal description of the oMarital Residence" is attached hereto as Appendix" A" The parties agree as follows with respect to the "Marital Residence": J (i) On the date of execution of this Agreement, Wife shall have the right to the exclusion of the Husband to reside in the "Marital Residence." (ii) There is presently outstanding against the "Marital Residence" a mortgage. Commencing on the "date of elCecution" of this Agreement, Wife shall be solely responsible for the timely payment of all present and future principal, interest, and other fees due on the mortgage. Wife shall keep Husband indemnified and held harmless from any liability, cost or expense including any attomey's fees which are incurred subsequent to the date of the execution of this Agreement in connection with the mortgage. (iiil If at any time after the execulion ot'this Agreement. Wife detennines that sale of the "\(arital Residence' is appropriate. Husband agrees to cooperate, including execution ot' any documents necessary to effectuate the transfer oi the marital residence. Husband agrees that Wife has the sole right to the proceeds of any such sale of the "Marital Residence," (b) COn/O!lUS a/Marital Residence. As of the date ofelCecution of this Agreement, Husband shall ~et over, transfer and assign all of his right, title and interest in all of the contents of the "Marital Residence" including but not necessarily limited to all furniture, furnishings, tugs, carpets, household appliances and equipment, pictures, paintings, books, decorations, works of art, silver, china, glassware and other items of tangible personal property of whatever nature currently located in the premises. Wife hereby releases and relinquishes all claims and demands whatsoever as to the whole or any part of the said items of personalty which are distributed to Husband. 4 (c) R,tt"m,nllntlrest and B'''fljlu. Husband and Wife have interests in the following existing retirement plans descnbed below: 1) TIAA-CREF Retirement Account (Dickinson College Reminur): TIAA Contract /I. A4..612...8 . CREF Certificate /I . P....612...5 Identification /I . 191-36-0315 2) Fidelity Investments 4038 Account /I. 027 0370833..77 37801 3) Connecticut Mutual Life Insurance Company Agent's Retirement Plan ~dentification /I 176-3...4497 Husband and Wife agree to divide the above-referenced retirement assets equally between the parties. For purposes oflhis paragrapb, the date of valuation of the assets shall be December 31, 1995. The parties agree that ltDy transfer shall be made in a manner that will not cause the funds to lose their tax free or tax defened status ltDd that any transfer shall be made purSUltDt to a Qualliied Domestic Relations Order (QDRO) as thai term is defined by the Internal R~enue Code and its amendments ltDd ERISA. Thll QDRO shall be in the form of a Coun Order and executed by both HusbltDd and Wife submined to the C oun for entry as an Order and sent to the benefits administrator of HusbltDd's retirement plan. or other appropriate person for approval and acceptance. Other than the amounts and benefits set forth above, Wife bereby waives any and all right, title and interest to all other existing and future retirement assets or benefits of Husband. Husband bereby waives any and all right, title and interest to existing and future retirement assets or benefits of Wife, 8. C"dit. Wife and Husband represent that they bave taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party sball use only those cards and accounts for which that party is individually liable. 9. Insuranc,. Husband agrees to maintain on his life an insurance policy of not less than $150,000.00 until his death. Husband funher agrees that the benefidaries of this 5 policy are to be Wife, or contingently, a trust for the benefit of Ihe children born to Husband and Wife. 10. Remarriage, The panies agree to give each olher written notice of their inlention to remarry not less than ninety (90) days prior to such remarriage, II. Bankruptcy. The parties agree that neilher will file for bankruptcy while joint debts of the panies elcist. 12. Warranty as to Future ObligatiolLv. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liabililY whatsoever for which the other or the estate of the other may be liable. and each now and at all times hereafter shall indemnify and hold harmless the other party from and against any ;uch liabilities. costs or expenses. including attorney's fees. relating thereto incurrd by the other party after the date of execulion of lhis Agreement. 13, ....tU/llClt R~tea.l'es. Except. and only except. for all rights. agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise. release. quitclaim and forever discharge the other and the estate of [he other. for all time 10 come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any pan thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to panicipate in a deceased spouse's estate, whether arising under the laws of 0) PeMsylvania, (ii) any other State, Commonwealth or territory of the United 6 States, or (Hi) any other country. Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees. costs or expenses. whether arising as a result of the marital relation or otherwise, whether under the ,Divorce Code or otherwise, Except. and only except, for all rights. agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or tor the breach of any part of this Agreement, it is the intention of Wife and Husband to give to each other by the execution of this Agreement, and full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 14. lvlutual Waivers. Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, again~t the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself 7 without seeking any support from the other party from the date of e:<ecution of this Agreement. In the event that either of the parties shall nevenheless seek such a modification. that pany shall indemnify and hold the other party harmless from and against' any loss resulting therefore, including coun~el fees and costs. IS. Waiver or Modification to be in Writmg. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be de~med a waiver of any subsequent default of the same or similar nature. 16. Mutual Cooperation. Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other pany any and all funher instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full :orce and effect to the provisions of this Agreement. 17. Law of PI!/IT1Sylvallia ...Ipplicuble. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of e:<ecution of this Agreement. 18. Integration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations ber.veen them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or wrinen of any nature whatsoever, other than those expressly set forth herein. 19. Severability. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision sr.aJJ be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. likewise, the failure of any party to meet her or his obligations under anyone or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 8 t C"', ., c;:. .' '-J/( .. .... 0.. ..,. '- lL"'''.' ".. .J:. ~ .. , r' ('~ ".'.~ gc ' , 4.J:)~. ('? _/,L I .;;"_F! (t"; ~~ Cc.: ,.', n.. llj t.. "" '''-.. r- , C; ] 0'1 :_1 c .6 '. ,.., ....;-'"1 IY'-Ji!Y - ~ .,R ,,' :J- -,.z~ z,. ., z .~ ~ ~ ~ ~ :ll:: ~ Os ~ ":' ol/l ~j;j Z i:i ~ z ... ~~zrr; ~e~:f~ :l~3r o - II. :.: - ~ u . IT IS ORDERED, ADJUDGED AND DECREED as foUows: I. All of the aforementioned Connecticut Mutual Life Insurance Company Agents' Retirement Plan account is marital propeny subject to distribution by this court. 2. Pursuant to a marital settlement agreement attached hereto as Exhibit "A," SO% of the sum of$7,92 1.47 from the account plus actual interest earned on this sum from December 31, 1995, to the date that the retirement benefit is in pay status is awarded to the Alternate Payee, Thomas Scott Smith, and is 10 be segregated into an account in his name. 3. The term of said payments is for the life of the Alternate Payee, a number ofyeafS cenain or a lump sum payment. The term to be as selected by the Alternate Payee from any payment option available to him from the Connecticut Mutual Life Insurance Company Agents' Retirement Plan at the time the retirement benefit is in pay status, Payments are to commence at the retirement date chosen by the Alternate Payee but in no event earlier than the earliest retirement date provided under the Plan, or in the case of this defined contribution plan, a date which is not more than ten years before the normal retirement age under the Plan. 4, In the event a Plan provides the option to the Panicipant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Panicipant attains (or would have attained) the earliest retirement age, as if the Panicipant had retired on that date even if the Participant haa not actually retired or separated from service. S, The plan to which this Order applies is the Connecticut Mutual Life Insurance Company Agents' Retirement Plan or any successor plan. 6. The Ahernate Payee, Defendant shall have the same rights with regard to his portion of the account as are available to the Panicipant, Plaintiff: with regard to her remaining portion of the accoWlt. These rights includc but are not limited to the right to designate a beneficiary ofretirement benefits, tho right to elect from then existing retirement dates ud payment options, the right to the distribution of benefits following the cessation of employment and the right to such increases in value in the account as might occur as a result of the general upgrading of the plan, plan amendments, earned interest profitability of plan investments, etc. In no event shall the Alternate Payee have greatcr rights than those which are available to the Participant. The Ahernate Payee is not entitled to any benefit not otherwise provided under tho plan, 7. In the event that actuarial computation is necessary to determine "actuarial equivalents" and/or the difference between benefits actually accrued, Don-subsidized benefits, or employer subsidized benefits, for the purpose of tho earliest retirement age option by the Ahernate Payee, or otherwise, the Plan Administrator shan obtain the services of any actuary who is enrolled WIder Subtitle C of Title m of the Employment Retirement Security Act of 1974. 8. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed against the panies such that Ahernate Payee shall pay 50% and Participant shall pay 50% of the costs. 9. The Ahemate Payee shall have the right to roll over the benefits distributed to him pursuant to the terms and provisions of the Order to an eligible retirement plan such as an Individual Retirement AccoWlt or to an Individual Retirement Annuity. This Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CilliffiERI.AND COUNTY, PENNSYL VANIA CAROL P. SMITH, v. : No. 96- m.. Cr.i1 Term THOMASSCOTTS~~ Defendant : CIVil. ACTION. LAW : IN DlVORCE /' MARIT -lL SETILUIEl'o'T -lGREDIENT ,- - ...., , " . -:) .,.. .'5 r: '1l .,- '.) '-8 Ct' .= -" f: .l~ :~ :J -c';:. ~ in: . -;... > ~ 5 - , 'ii! .,. =: IXl ~ AGRF.EMF.NT This Agreement is made this Z7~ day of , 1996, by and between CAROL P. SMITH of Cumberland County, Pennsylv a ("Wife") and THOMAS SCOTT SMITH of Cumberland County, Pennsylvania ("Husband"). WITNESSETH WHEREAS, the parties hereto are Husband and Wife. ha\;ng been married on June 5, 1965, in Allegheny County, Pennsylvania: WHEREAS. husband and wife have acquired certain property and incurred certain debts during the course of the marriage. and WHEREAS, husband and wife now live separate and apal1 as the marriage is irretrievably broken; and WHEREAS, husband and wife wish to equilably divide the property of their marriage between themselves; and NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: I. Advice a/Counsel. The parties acknowledge that each has had the opportunity to retain and receive independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts including the property, estate, assets, earnings, and income of the other, and that each has had the opportunity to fully avail him or herself of his or her legal rights and obligations Each of the parties acknowledges and agrees that this Agreement is. in Ihe circumstances, fair reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the ellecution of this Agreement is not the result of any duress, undue intluence, coercion, collusion and/or improper or illegal Agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective asse15, estates, liabilities, and sources of income and that they waive any specilic enumeration tr.ereoffor the purposes of this Agreement. 2. Eff~"tlve Datt! ofAgr~~m~1II This Agreement....il\ become effective and binding upon both parties upon execution of this Agreement by both of them. 3 Eff~ct of Dlvo"'~ D~"re~-lllcorporatlOlr, ,"io J/~''l~r The parties agree that unless otherwise specifically pro\ ided herein this .-\greement shail ~ontinue in full force and effect after such time as a final decision in divorce may be entered ....ith :espectto the parties, Husband and Wife agree that the terms of this Agreement shall be incorpcrJted but not merged into any divorce decree which may be entered with respect to Ihe parties and therefore Wife and Husband aRree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that parry will take all reasonable steps to have lhis Agreement incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgement or order of separation or divorce in any state, country or jurisdiction, each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that 2 - . this Agreement shall continue in full force and effect after such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree, judgment or order, 4. Effect on Divorce. The parties agree to take all legal step~ (including timely and prompt submission of all documents and the taking of all action including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to tile appeal) necessary to assure that a divorce pursuant to Section 330 I of the Divorce Code is entered as soon as possible, but in any event not later than Six (6) months from the date of execution of this Agreement. To that end, the parties agree to promptly execute the affidavits required to obtain a divorce pursuant to ~ 330I(c) of the Divorce Code. If, after the execution of this Agreement either party delays or contesls the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorney's fees, costs and/or expenses incurred as a result of such delay in obtaining the decree, 5. Effect of No Divorce. The execution or this Agreement is predicated upon and made subject to the attainment of a final decree in divorce under Sections 3301 (c) of the Divorce Code and therefor, except as otherwise provided for herein, this Agreement wiil be null and void if a final decree in divorce is not obtained with six (6) months of the date of execution of this Agreement. 6. Warranty of Disclosure. Husband and Wile represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportUnity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 7. Equitable Distribution of Property. (a) Premises. Husband and Wife hold title as joint tenants by the entireties of the premises identified as 535 Highland Avenue, Carlisle, Cumberland County, Pennsylvania 17013 (the "Marital Residence"). A legal description of the "tvlarital Residence" is attached hereto as Appendix "A" The parties agree as follows with respect to the "Marital Residence": 3 (i) On the dale of execution Oflhis Agreemelll. Wife shall have the right to the exclusion of the Husband 10 reside in the "Marital Residence." (ii) There is presently outstanding against the "Marital Residence" a mortgage. Commencing on the "date of execution" of this Agreement, Wife shall be solely responsible for the timely payment of all present and future principal, interest. and other fees due on the mortgage. Wife shall keep Husband indemnified and held harmless from any liability, cost or expense including any attomey's fees which are incurred subsequent to the date of the execution of this Agreement in connection with the mortgage. (iii) [fat any time after the execution oi:his Agreement. Wife determines that sale of the ":-"[arital Residenc~' is appropriate. Husband agrees to cooperate. including execution oi any documents necessary to effecluate the transfer oi the marital residence. Husband agrees that Wife has the sole right to the proceeds of any such sale of the "Marital Residence." (b) Contents oli'"larita/ Residence. As of the date of execution of this Agreement, Husband shall set over, transfer and assign all of his right, title and interest in all of the contents of the "Marital Residence" including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, pictures, paintings, books, decorations, works of art, silver, china, glassware and other items of tangible personal property of whatever nature currently located in the premises. Wife hereby releases and relinquishes all claims and demands whatsoever as to the whole or any part of the said items of personalty which are distributed to Husband. 4 (c) Rltl"ment Int"est and Benefll3. Husband and Wife have interests in the fonawing e:risting retirement plans described below: I) TIAA.CREF Retirement Account (Dickinson Conege Remittur): TIAA Contract 1#. A44612-1-8 . CREf' Certificate 1# . P4-16124-~ Identification 1# - 191-36-031~ 2) Fidelity Investments 4038 Account 1# . 027 0370833-177 3780 I 3) Connecticut Mutual Life Insurance Company Agcot's Retirement Plan Identification 1# 176-34--1-197 Husband and Wife agree to divide the above-refercoced retiremcot assets equally between the parties. For purposes of this paragraph, the date of valuation of the assets shall be December 31, 199~. The parties agree that any transfer shan be made in a manner that will not cause the funds to lose their tax free or tax deferred status and that any transfer shan be made pursuant 10 a Qualified Domestic Relations Order (QDRO) as that term is de lined by the Internal Revenue Code and its amendments and ERISA. The QDRO shan be in the form ofa Coun Order and executed by both Husband and Wife submitted to the C oun for cotry as an Order and sent to the benefits administrator of Husband's retirement plan, or other appropriate person for approval and acceptance. Other than the amounts and benefits set fonh above, Wife hereby waives any and all right, title and interest to all other existing and future retiremcot assets or benefits of Hushand. Hushand herehy waives any and aU right, title and interest to existing and future retirement assets or benefits ofWtfe. 8. Credit. Wife and Husband represent that they have taken aU steps necessary to make 5II1'e that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. 9, Insurance. Husband agrees to maintain on his life an insurance policy of not less than SHO,OOO.OO until his death. Husband further agrees that the beneficiaries of this ~ policy are to be Wife, or contingently, a trust lor the benefit of the children born to Husband and Wife. 10, Rl!marriagl!. The parties agree to give each olher written notice of their intention to remarry not less than ninety (90) days prior to such remarriage II. Bankruptcy. The parties agree that neither will file for bankruptcy while joint debts of the parties exist. 12. Warranty as to FuturI! Obligations, Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable. and each no\\< and at all times hereafter shall indemnify and hold harmless the olher party !Tom and against any such liabilities. costs or expenses, including attorney's fees. relating thereto incurred by the other party after the date of execution of this Agreement. 13. .""ullta/ RI!/I!L/sl!s. Except. and only except. for all rights. agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or lor the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other. lor all time 10 come, and for all purposes whatsoever, of and from any and all rights. title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever siluate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United 6 States, or (iii) any other country, Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which mal' arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited 10 claims for past, present or future support or maintenance, alimony, alimony pendente lile, property division (including but not necessarily limited to equitable distribution), counsel fees. costs or expenses. whether arising as a result of the marital relation or otherwise, whether under the ,Divorce Code or otherwise. Except, and only except, for all rights, agreements and obligations of whatsoever nature arising under or which may arise underthis Agreement or for the breach of any pan of this Agreement. it is the intention of Wife and Husband to give to each other by the execution of this Agreement. and full, complete and general release wilh respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 14. ,\'tutual Waivers. Wife and Husband acknowledge that by this Agreement they each respectively have secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources for his or her comfort, maintenance and support according to the standard of living to which the party is accustomed. Therefore, except as provided for in this Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, again~t the other for equitable distribution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither party may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or himself 7 without seeking any support from the other party from the date of execution of this Agreement In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnifY and hold the olher party harmless from and againsi any loss resulting therefore. including counsel fees and costs. IS. Waiver or A,fodijicatio" to bl! in Writing. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 16. Mutual Coopl!ratio", Each party shall. at any time and from time to time hereafter, take any and all steps to exer.ute. acknowledge and deliver to the other party any and all further instruments andlor (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving fuil :orce and effect to the provisions of this Agreement. 17. Law of Pmmylva1l1a Applicabll!. This :\greetnen: shall be construed in accordance with the laws of Ihe Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 18. Intl!grati!J'" This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations ber....een them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 19. Severability. If any term, condition, clause or provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 8 , _..._~_..._------~~--~~-)-------~-~ , - -~ 1* 8 1* S i* ~l IN THE COURT OF COMMON PLEAS ',:~.' " OF CUMBERLAND COUNTY '" 8 * i~ 8 :~ S STATE OF ':...::-; ,,...:i-' PENNA. '~ 8! i~ 81 1* .. "CAROL P. SMITH, .~. ... Plaintiff:'\ II. 96-1234 Civil Term , .. ,i ... " 81 V""3113 . ~ *1 THOMAS SCOTT SMITH,* 8, Defendant ~ ~~ ~ * 8 . . . 8 8 8 . ~ ~ 8 . . ~ ._~ :-. ... - .. ~: ,;, " ~: .~ ., DECREE IN DIVORCE ~: AND NOW, ' ... . December .11" 19 96 it is ordered and ~i .:.: ...' decreed that .~a~~.~ .p.. .Smgh, .. , plaintiff, defendant, and. .TI)9(11all. SC.ott. S.1l) H 11. . .. . .. . . . . . ' are divorced from 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; .C1.tetody . Agt"eemeot. and. ~1tal, Settlement. Agreement. between parties. !.x:lth dolted .~y .22. .1!l!l6. .iU'fJ !nt:;QJ;pOr~ted, .but.oot.~. into. this. dacree. in. dillOrce. By The Court: Is! Kevin A. Hess Alle.l: Lawrence E. Welker, Prothonotary J. ~ rX/k. W De J Prothonotary plty ., :~ ~ ~ :~ .~ " ~ ~ ~ ,;, " 'j! i' ,8 '8 ,8 .8 8 .~ ~ 8 .. ., ,;, " .if ~ '. - --- '.",--,,- ~ERTIFIED COPY ISSUIDOECEMBER 12. 199& jf ---~~*--------------- 3. Namr of Plan The Participant is a member of the Massachusetts Mutual Liti: Insurance Company Agent Pension Plan (hereinafter the "Plan"). 4. Addrrssrs The current mailing address of the Participant is 535 highland Avenue, Carlisle, PA 17013, The current mailing address of the Alternate Payee is 600 North Baltimore Avenue, Mt. Holly Springs, PA 17065. The Alternate Payee shall keep the Plan's Administrator informed of his current address. Notice of change of address shall be made in writing to the Plan's Administrator, addressed as follows: Massachusetts Mutual Life Insurance Company 1295 Slate Street, Springfield MA 01111-0001 Attention: Plan Administrator, Massachusetts Mutual Life Insurance Company Agent Pension Plan, NOW, THEREFORE, it is hereby ordered that: 5, Amount to be Paid to Alternate Payee The Alternate Payee is assigned a portion of the Participant's vested account balance under the Plan. The portion of the Participant's vested account balance assigned to the Alternate Payee is $7,921.47, as of December 3 1,1995, as determined und~r the provisions of the Plan then in effect. The amount assigned to the Alternate Payee shall be deducted from the various classes of contributions under the Plan as follows: $ 792147 or C% $ or %1 $ or ~.~ $ or % oflhe Company Account. of Non-deductible (voluntary after-tax contributions).. of EE Basic (mandatory after-tax contributions). of Tax Deductible Account (pre-1987 contributions). I I Both the Participant and the Alternate Payee may access the Non-deductible and/or Tax Deductible Accounts at any time, The amount assigned hereunder 10 the Alternate Payee shall be accounted for separately from the remainder of the Participant's account and shall include investment gain or loss credited thereon as provided by the Plan, The amuunt assigned shall be allocated among the options elected by the Participant. pro rata, until the Alternate Payee affirmatively elects to change such options If the original portion of the Participant's vested account balance assigned to the Alternate Payee is a tlat dollar amount (as noted in the immediately preceding paragraph). this amount will include investment gain or loss as of the date the account is assigned. as specified ~bove, 6. Commencement or P.yment The vested account balance assigned to the Alternate Payee may be paid to the Alternate Payee at the earlier of the Participant' s death or the time the Participant's benelit payments commence following the Participant's termination of a career contract with the Plan's sponsor and its affiliates, provided that the Alternate Payee may elect to have payments commence at any time after the Participant's attainment of early retirement age. or the Participant' s earliest access date as defined in Internal Revenue Code section 414(p)(4)(B), and before the time payments commence to the Participant; or at such other times as the Plan permits, [See Note I below,] 7. Form or Payment The form of payment of the amount assigned to the Alternate Payee shall be an annuity payable to the Alternate Payee in monthly installments for the Alternate Payee's life During the thirty day period beginning no more than sixty days and ending no less than thirty days before the commencement of payments to the Alternate Payee may elect in lieu of such lorm of payment to