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Home My WebLink About02-5538 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.2 - ~~Jf CIU;C <--r~ WILLIAM T. SEYMORE, Plaintiff DYANNE M. SEYMORE, Defendant COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Court House 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 B fully submitted, KING, P.C. Flr. ~ - WILLIAM T. SEYMORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0;2 -..rS3f C,~~l~\ COMPLAINT IN DIVORCE DYANNE M. SEYMORE, Defendant COMPLAINT UNDER SECTION 3301(0) AND SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is William T. Seymore, who currently resides at 30 Evergreen St., Apt. B8, Thompsontown, Juniata County, Pennsylvania 17094. 2. Defendant is Dyanne M. Seymore, who currently resides at 714 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 10, 1978, in New Milford, New Jersey. 5. plaintiff avers that there are no children of the parties under the age of eighteen (18). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10, The parties separated on March 23, 2002. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, Date:-f/~IY,)oG+- , . ,.,~~I -~~:-~-~~r' I P.C. 17108 k/p:divorce\seymore.div VERIFICATION I, William T. Seymore, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Ud~4-~~ William T, seym~ Dated: !1~'f/~ 'P~~ ~ 'l ~ ~ 8 C> ~p:: ~ ------ E , MARRIAGE SETTLEMENT AGREEMENT By and between DYANNE M. SEYMORE -AND- WILLIAM T. SEYMORE Da'''' , ,-_/it ~ It! ,2004 INDEX PAGE 1. Divorce and Separation...............................................,................ 4 2. Division of Property..................................................................... 4 3. Marital Residence ........................................................................ 7 4, College Education....,................................................................... 7 5. Execution of Additional Documents ........................................... 8 6. Transfers Subject to Liens ............................................................ 8 7. Complete Listing of Property ...................................................... 8 8. Equitable Distribution of Property .........,.................................... 9 9. Relinquishment of Ownership ..................................................... 9 10. After-Acquired Property .............................................................. 9 11. Debts...................................'.......................................................... 9 12. Bankruptcy ................................................................................... 10 13. HealthlLife Insurance................................................................... 11 14. Alimony/Child Support...................,............................................ 12 15, Full Disclosure ........,..................................................................,. 12 16. Releases .....................................................,.................................. 13 17. Indemnification ............................................................................ 13 18. General Provisions ....................................................................... 14 19, Fair and Equitable Contents......................................................... 14 20. Breach. ............. .....,... ..... .....................,. ........... ........ ..................... 14 21. Independent Separate Covenants .................................................. 15 22, Void Clauses ................................................................................ 15 23, Execution of Documents.............................................................. 15 24. Applicable Law............................................................................ 15 25. Non-Merger............. ......................... ................. .......... ......... ........ 15 26. Disclosure and Waiver of Procedural Rights .............................. 16 27. Tax Advice ................................................................................... 17 28. Representation 'of Parties ............................................................, 18 Signature Page............................................................................... 18 Acknowledgement Page....,....................,..................................... 19 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ~=-- day Of~, 2004, by and between DYANNE M, SEYMORE -AND- WILLIAM T, SEYMoim, at Harrisburg, Pennsylvania, WHEREAS, the parties hereto are husband and wife, having been married on June 10, 1978, at Bergen County, New Jersey, WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, The parties separated on March 23, 2002. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 u.Jr5 ;[1tt4 1. Divorce and Separation. The parties agree 10 the entry of a decree in divorce pursuant to Section 330l(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart, A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital propelty: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any p(msion plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment, except as more fully set forth in Par, 2a(3) 2. Husband shall retain ownership and possession of the parties' rental properties. Furthermore, Wife shall sign quitclaim deeds over unto Husband, 4 W1"~ /JlM0 3. Husband shall retain his IRA, except that he shall transfer $10,000 from said IRA over into an IRA to be established by Wife, In return, Wife shall pay unto Husband the sum of$l,OOO, Wife's attorney shall be responsible for the preparation of the Qualified Domestic Relations Order, and Husband shall sign any documents 'necessary to effectuate the terms and conditions herein, This shall be considered a qualified transfer from one retirement account unto another, It is noted that the approximate present value of the IRA is $54,000.00, 4. Husband shall retain his savings account with an approximate value of $5,000. 5. Husband shall maintain other financial accounls with an approximate value of $12,000, B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 40 I K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. It is further acknowledged that Wife's retirement has a present value of approximately $27,000, 2, Wife shall retain ownership and possession of the marital residence located at 714 Kent Drive,. Mechanicsburg, Cumberland County, Pennsylvania, It is acknowledged between lhe parties that 5 0ff3 /!JA1'V} the amount of equity in said home is approximately $80,000, Husband waives any right, title or interest which he may have in said home, Furthermore, Husband has executed a deed transferring his ownership in said home over unto Wife, Wife has refinanced the home which has in turn laken Husband's name off the obligation, 3, Wife shall retain her savings account with an approximale value of$7,000 in marital funds, along with a $3,000 personal tax refund which she received from the year 2001, 4. It is acknowledged betwee:n the parties that the couple previously owned a Ford Thunderbird, which was sold to Husband for $5,500, S. Wife shall retain ownership and possession of the contents ('lfthe marital residence with an approximale value of$8,000, Husband shall be entitled to retrieve any items of personal property which he so desires, including his tools, within 60 days from the date of this Agreement. 6. Wife shall retain the sum of$IO,OOO from Husband's IRA, This is in consideration for the fact: that Husband's pensions are worth considerably more than Wife's, as well as the fact that his Social Security retirement benefits will be approximately double that of Wife's, In consideration the:reto, Wife shall pay unto Husband the sum of$I,OOO, Furthermore, Wife's attorney shall 6 07> ~v-!J prepare the necessary Qualified Domestic Relations Order, in order to transfer the $10,000 in question from Husband's IRA over into an IRA to be established by Win:. C, All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively, D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property, 3. Marital Residence, The parties hereby acknowledge that they are the owners of real property located at 714 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania, It is agreed between the parties that Wife shall retain ownership and possession of said marital residence, and that Husband has signed a quit claim deed over unto Wife, transferring his ownership rights therein over unto her. Furthermore, Wife has refinanced the mortgage on said residence. Wife shall be responsible for all other expenses associated with said marital residence, including but not limited to insurance, utilities, etc, 4, Collee:e Education. Husband and Wife acknowledge that their daughter, Kristine Seymore, will be attending college on a full-time basis. In furtherance lhereto, the parties hereby agree that lhey shall work to assist the child in this endeavor, by each contributing the maximum amount they are able to contribute, after any grants, 7 ~ scholarships, loans, and withdrawals from ilie child's savings accounts, In addition, either and/or both of the parties shall assist ilie child by co-signing her student loans, Furthermore, it is underslood that the AIM account shall be liquidated and used to repay as much ofilie child's college loans as possible. 5, Execution of Additional Documents, The parties agree iliat at ilie appropriate time, a complaint in divorce shall be fil€:d, The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following ilie filing and service ofilie Divorce Complaint. The parties agree to execute any deeds, assignments, titles or oilier instruments necessary and appropriate to accomplish the aforesaid division of property, 6. Transfers Subject to Liens, Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above, The respective transferee of such property agrees to indemnifY and save harmless the other party from any claim or liability that such oilier party may suffer or may be required to pay on account of such lien or encumbrance. 7. Complete Listine: of Propertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8 v:t5 ~ 8, EQuitable Distribution of PrOtl~, By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property, The parties have determined that an equitable division of such property conforms to a just and righl standard, with due regard to the rights of each party, The division of existing marilal property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate, It is the intention of the parties to treat all transfers of property herein as non-taxable, 9. RelinQuishment of Ownership, Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband, 10, After-AcQuired Propertv, Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which were acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried, 11. Debts. A. Husband and Wife agree 10 be responsible for the joint debts of the parties as follows: Wife shall be responsible be responsible for all expense relative to the marital residence, as more fully set forth in Paragraph :3 above. Wife shall be responsible for all other home and family expenses, with the exception that the parties 9 ~ IlhUJ shall share equally in the payment of any medical expenses for their child, Kristine Seymore, This obligation shall continue as long as Kristine Seymore is pursuing her undergraduate studies, B, All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands, Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnity and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12, Bankruptcv or Reortzanization Proceedines. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contaim:d herein, In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to t,mninate this Agreement in which event the division of the parties' mari1al assets and all other rights determined by 10 LPtS ;[11UJ this Agreement shall be subject to court determination the same as if this Agreement had never been entered into, 13. HeaIth/Life Insurance. The parties mutually agree that as long as Kristine Seymore is a full-time student, Husband shall maintain Kristine Seymore on his health insurance through his employmenl at the Pennsylvania State Police until she graduates from college, or until she terminates her undergraduate studies, so long as this is permissible per the rules and regulations of said employer, In the event that Kristine Seymore ceases attending college and then resumes attending college al a later date, then Husband shall again provide health insurance for her, It is further agreed that once Kristine attains the age of25 years, Husband's obligation to provide health insurance for her will cease, Likewise, Husband shall maintain Wife on his health insurance policy as long as this is permissible per the rules and regulations of his employer. Each of the parties shall maintain their daughter, Kristine Seymore, as the beneficiary of their life insurance policies until Kristine r,eaches the age of25, Furthermore, they shall create Wills which will assign said life insurance proceeds unto a trustee who shall manage any such insurance benefits until Kristine Seymore reaches the age of 25, Each of the parties shall give the other written verification as to their compliance with this paragraph on a periodic basis, or upon request of the other, In the event that Kristine Seymore is not b(:ing covered by health insurance by Husband or her own employer-provided health insurance, then the Husband and Wife agree to equally divide the reasonable cosl of any catastrophic illness or injury which may occur to Kristine, 11 LJ6 &w 14. Alimonv/Child Support. In consideration for all the other conditions and covenants herein, as well as in addition to assistance with college expenses and costs, it is agreed between the parties that Husband shall pay unto Wife the sum of Nine Hundred Dollars ($900) per month in continuing child support payments for a period of up to three years from the date of this Agreement, as long as Kristine Seymore is in college and is living at Wife' home, Thereafter, when these payments stop, Husband shall pay Wife the sum of Four Hundred and Fifty Dollars ($450) per month for a period of one year. The $450 monthly payment shall be considered alimony. It is further understood that Husband's alimony obligalion will ceas'J upon Husband's death, Wife's death, Wife's remarriage, or Wife's cohabitation, It is further agreed that Husband shall pay unto the parties' daughter, Kristine Seymore, the amount of$70 per month 10 assist in maintaining her horse, These payments shall continue for a period of five years from the date of this Agreement, 15. Full Disclosure. Each party herelo confirms lhat he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by g350:5(b) of the Pennsylvania Divorce Code, The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to tile date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved, 12 LJ'I} /JAw 16, Releases, Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other fi'om any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the olher's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise staled in this Agreement. 17, Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the olher party is or may be liable, Each party covenants and agrees that if any ~laim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnifY and hold harmless the other party in respect of all damages as resulting therefrom, Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees .and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting 10 Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife 10 lhe olher in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the 13 ~ obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instiluled against either party which might constitute lhe basis for a claim for indemnity pursuant to the terms of this Agreement. 18. General Provisions, This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein, 19, Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having recc:ived such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 20. Breach, It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and 14 LJrZ fJlw the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder, 21. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 22, Void Clauses. 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 shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 23, Execution of Documents, Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 24, Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Non-Mereer. This Agreement shall not merge with any subsequenl decree in divorce between the parties but shall survive such decree and be entirely independent thereof, This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree, 15 wU /ltJkJ 26, Disclosure and Waiver of Proe,edural Ri~hts, Each party understand that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equilable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a, The righl to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the P'ennsylvania Divorce Code. b, The right to obtain an Income and Expense Statement of the other party aS'provide by the Pennsylvania Divorce Code, c, The right to have property identified and appraised, d, The right to discovery as provided by the Pennsylvania Rules of Civil Procedure, e, The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that 16 0ry ;(}no property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property, f The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but no!: limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses, 27, Tax Advice, Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys, Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. Additionally, it is agreed belween the parties that as long as the parties' child lives with Wife, Wife shall be entitled to claim her as an income tax reduction, It is further agreed that Husband will not claim lhe parties' child unless she actually lives with Husband, Otherwise, Wife will be able to claim their daughter, 17 6.Jr5 iJrM 28, Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wiff: has been represenled by Mark T. Silliker, Esquire, Husband has been represented by Jo1m F, King, Esquire, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, ~~J~-~ - ny, Seymm' . - . (~~~"~r - William Seymore ~ SWORN AND SUBSCRIBED I '2 To BOfurm:~. ' /....;J.. D..., of 170"' 20.0-; ~auJ).~ co 0 18 COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN SS: On this J!1 day of , 2004, before me Subscriber, a Notary PUblic, for the Commonwealth o( ennsylvania, came DYanne Seymore, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. 'o~M./}U' - xi~mAAjJ ~ ::d.~~ Dy e Seymore (J t! _ Witness my hand and Notarial seal, the day and year aforesaid. G Notarial Seal ,JOMll. Riegler, Notary Public (jUIQu8hnnnn TWp" Oeu hln Count My ()1Jrnmlnelon Expires 801. 11, 20~ ~~ijmf.l@f, ~nn~V!lftl:nf!1 ASSOCiation ot Notaries /7 J7. k/tU:, l j J't7(.I.1 ,>Notarvpublic / v of> My Commission Expires: COMMONWEAL TH OF PENNSYL VANIA COUNTY OF DAUPHIN ss: On this J:L day of , 2004, betore me Subscriber, a Notary Public, for the Commonwealth ofi nnsYlvania, came William Seymore, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. ~' \ 0' ././J _~~'->.. William Seymore ~ - Witness my hand and Notarial seal, the day and year aforesaid. Notarial Seal Jonl L. Alegler. Notary Public Susquehanna Twp,. DaUPhin CoUnty My Commission Expires Oct. 11, 2004 Member, ~nnsy/va",a ASSOCIatIon of Notaries 1 ./ )~ ;.:.,/71 ( ';j .1./ r;l(L1.. Notary JlubLic My Commission Expires: 19 f~ r--) Q, ,,~:, ':."',' ("? ....:- .-A -~ ::D h'l c'''. :,~)p"j 0 -,;-", (2(::) { ) .. ;:':":) ni - c? ":\5 ..-( - _J( WILLIAM T, SEYMORE, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-5538 Civil Term : CIVIL ACTION - LAW : IN DIVORCE DYANNE M, SEYMORE, Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2002, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3, I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to tile penalties of 18 Pa, C. S, ~ 4904 relating to unsworn falsification to authorities, DATED: !/rt7f ( 5~~_ l ?~_~ -L--' ~r. Seymore "" c' ~,~ CI -n .-! ~~~. <::) ,...., --," c WILLIAM T. SEYMORE, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 02-5538 Civil Term DY ANNE M, SEYMORE, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE CODE I, I consent to the entry of a final Decree of Divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted, 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, 4, I verifY that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~ 4904 relating to unsworn falsification to authorities, Date: . f3/r/OLf U~~ ~~ William '~re, PI ntlff --- ,....:1 (j ~::"; M~'h .J;::;.- CJ C:'> <.:.1: WILLIAM T, SEYMORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 02-5538 CIVIL TERM DY ANNE M, SEYMORE, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1, I consent to the entry of a final Decree in Divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prolhonotary, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Date: 'l/IIf/{)f ~~or;n /~~ fO/jA~!fr;, ~-fL' ~le M, Sage " (') c ,~ . (- ,- >~~" :<! r-> c:'? :? ~,") ":n o --;-.1 ::1~ ("..:.. Cl WILLIAM T, SEYMORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 02-5538 CIVIL TERM DY ANNE M, SEYMORE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330I(c) of the Divorce Code was filed on November 15,2002, 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3, I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 9 4904, relating to unsworn falsifications to authorities, Date: '7/h-1o <I iLA'~ ~. ~~ ~ Seymore / ilAJ.~ ctn. )~ ~le M, Sage " r--,' 1:.,:,"1 C"} C.:;:~ -on ""- :::,:.:,.. ,_... C) c:> l _J"'-, =2 0 c.:~ v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5538 Civil Term WILLIAM T, SEYMORE, Plaintiff DY ANNE M, SEYMORE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, John F, King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, Dyanm: M, Seymore, by Certified Mail, Restricted Delivery, on November 22,2002, as evide ~aJ Certified Mail card. ! ) ~1 <-\J F, Kmg, Esq 're Sworn and subSC~d to before m~ day of LA-, 2004. ~t:-fat~ otary Public 01' NOTARIAl. I!AI. IIAFIBARA e, flAl.MlFl. NolIry NIII CIty 01 HInllIbItg, DalCl/lil ColftJ .MY comm~- ElCDlI1e Im~, 2005 . Complete ~ems 1, 2, and 3, Also ~...... ' iWn 4 W Res1rIcted Delivery Is desired. . PrInt your name and address on the reverse eo that we can return the card to you. , . Altach this card to the back of the mallplece.l or on the from W space permits. I 1. AItide Addressed to: 1'4;', Dianne M, Seymore ! 714 Kent Drive , Mechanicsburg, PA l~OSO o AQonI Add, 11 1 dltlerent fIcm Item 11 ..... j1JNo o Express Mail :ex Retum Receipt for Meo::hondIoe 2, _. Number (Copy from service label) , PS Form 3811, July 1999 7000 1670 0005 2761 8671 __ MIn....." 102595~ (') S -CJ~7"; rnr~1 ~:~ ;-}) (})>~ r:~t: ~~ z -< . Cl C"'; C WILLIAM T, SEYMORE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-5538 Civil Term DY ANNE M, SEYMORE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code, 2, Date and manner of service of the complaint: Selrved on November 22, 2002 by certified mail, restricted delivery, 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff August 9,2004; by Defendant July 15,2004. 4, Related claims pending: There are no related claims pending, 5, Date Plaintiff's Waiver of Notice was filed with the Prothonotary: August 10, 2004. Date Defendant's Waiver of Notice was ~~~'pr~otary: August 10, 1/ / . . 2004, o c; 1"'....) ~~g .i.:'- C> c:; c.' . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . PENNA. STATE OF . WILLIAM T, SEYMORE, . . . . . No, 02-5538 Civil Term Plaintiff . VERSUS DYANNE M. SEYMORE, lli :fendan t . . . . . . DECREE IN DIVORCE 1 , IT IS ORDERED AND . . 2004 AND NOW, DECREED THAT WILLIAM T. SEYMORE . , PLAINTIFF, AND DYANNE M. SEYMORE , DEFENDANT, . . . . 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; . . . . . . . The attached Marriage Settlement Agreement is incorporated, but not . . . . . . ROTHONOTARY . . ,~,;Z r'f/_'hY ~ /10-17:"- 3 @~ r ~ ~ ~ -~ /Ie? 1c-j? #.. \. '.'.. r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA William T. Sevmore Petitioner CASE NO. 02-5538 VS. STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER Dvanne M. Sal!e. f/kIa Dvanne M. Sevmore Respondent QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, William T. Seymore (the "Participant") and Dyanne M. Sage f/kIa Dy ~. Seymore (the "Alternate Payee") have agreed to the division of marital property pursuant o'=St e domestic relations law, which agreement provides for the entry of a Domestic Relations Or:0 the "Order") to provide for the division and disposition of the account balance of the Participant-a: det, a savings plan sponsored by Unisys (alternatively the Unisys Savings Plan, plan number 0 referred to as the "Savings Plan," and to grant to the Alternate Payee rights to such benefi such amounts and on the terms and conditions prescribed in this Order and in the Plan; WHEREAS, the estimated value of the Participant's account balance in the Unisys Plan as of July 31, 2005, was $60,530.24; and WHEREAS, the Savings Plan allows for immediate distribution of an Alternate Payee's interest in the Savings Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and Section 206(d)(3) of ERISA. NOW THEREFORE, it is hereby ORDERED AND ADJUDGED as follows: 1. Amount of Benefits to be Distributed to Alternate Payee. The Alternate Payee shall be entitled to receive $10,000 of the Participant's account balance in the Savings Plan as of July 14, 2004, together with earnings (or losses) on that amount from that date until the date of actual distribution. Distributions required in order to comply with the terms of this Order will be made pro rata from each of the investment funds in which the Participant's account is invested. 2. Time and Manner of Payment. The amount set forth in Section 1 as payable from the Savings Plan shall be segregated in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of the Order which shall be the date the Plan Administrator has determined pursuant to Paragraph 7 hereof that this Order is a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Code and Section 206(d)(3) of ERISA, or, if such Plan Administrators have predetermined that this Order constitutes a Qualified Domestic Relations Order, then immediately after entry of this Order. I · ... QDRO Page 2 3. Addresses. The name and current mailing address of the Participant is as follows: William T. Seymore 508 North Fourth Street Newport, PA 17074 Social Security No.: 187-40-7749 Date of Birth: February 3, 1951 The name and current mailing address of the Alternate Payee is as follows: Dyanne M. Sage fIkIa Dyanne M. Seymore 714 Kent Drive Mechanicsburg, P A 17050 Social Security No.: 153-52-1669 Date of Birth: February 14, 1956 The Alternate Payee shall keep the Plan Administrator informed of her current address. Notice of any change of address shall be made in writing to the Plan Administrator of the Savings Plan addressed as follows: Savings Plan Administrator Unisys Corporation Unisys Way Blue Bell, P A 19424 4. Death of Alternate Payee. In the event the Alternate Payee dies before all the accounts from the Savings Plan are distributed to her under this Order, any amounts not yet distributed from the Savings Plan shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in accordance with the Plan's procedures. 5. Death of the Particiuant. The death of the Participant prior to the death of the Alternate Payee shall not affect the Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof. 6. Liabilitv for Income Taxes. The Alternate Payee shall be solely responsible for and bear the burden of all state, federal and any other income taxes, penalties and interest payable with respect to amounts distributed to the Alternate Payee undertaken pursuant to this Order. I 04 I. QDRO Page 3 7. Plan Administrator. A copy of this Order shall be mailed promptly (return receipt requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such determination. During the period which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by Section 414(p)(7) of the Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of such determination and the reasons therefore. 8. Continuin2 Jurisdiction. This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and in the Agreement. I;d~~ cg It I/IJ? Date I #~~. 4 Alte te Payee .f k CL Dated tlri~d::; ~ Da# ~ ~ rJ-fJ 0 (P , r BY THE COURT: Judge .. WILUAM T. SEYMORE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO 02-5538 CIVIL TERM DY ANNE M. SAGE, f/k/a DY ANNE M. SEYMORE, Defendant : CIVIL ACTION - LA W : IN DIVORCE MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, comes the Defendant, Dyanne M. Sage, f/kla Dyanne M. Seymore, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully moves this Honorable Court to enter the attached Qualified Domestic Relations Order as an Order of this Honorable Court, and in support thereof, avers the following: 1. The parties hereto are formerly husband and wife, having been married on June 10, 1978 and divorced on August 17,2004. 2. Pursuant to the terms of a Marriage Settlement Agreement dated July 14,2004 Defendant is entitled to Ten Thousand Dollars ($10,000.00) from Plaintiffs Unisys Corporation Savings Plan. 3. The parties have signed the attached Qualified Domestic Relations Order reflecting their agreement regarding this matter. WHEREFORE, Defendant, Dyanne M. Sage, respectfully requests this Honorable Court enter the terms of the attached ODRO as an Order of this Honorable Court. Date: 117 /.;? / 0 f.:> I I Attorney for Dyanne M. Sage, f/k/a Dyanne M. Seymore r""."' c:.:....) ":; c;'" f) ::;::\ G' -{ .:;:.'''' , ' " ' 0(:1 1'1 '20G6 ~f// IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN"SYLV ANIA ~ William T. Seymore Petitioner CASE NO. 02-5538 VS. STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER Dyanne M. Sage. f/k/a Dyanne M. Seymore Respondent QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, William T. Seymore (the "Participant") and Dyanne M. Sage f/k/a Dya ~. Seymore (the "Alternate Payee") have agreed to the division of marital property pursuant o'::St e domestic relations law, which agreement provides for the entry of a Domestic Relations Or ',) the "Order") to provide for the division and disposition of the account balance of the Participant.a. der. a savings plan sponsored by Unisys (alternatively the Unisys Savings Plan, plan number 0 referred to as the "Savings Plan," and to grant to the Alternate Payee rights to such benefi such amounts and on the terms and conditions prescribed in this Order and in the Plan; WHEREAS, the estimated value of the Participant's account balance in the Unisys Plan as of July 31, 2005, was $60,530.24; and WHEREAS, the Savings Plan allows for immediate distribution of an Alternate Payee's interest in the Savings Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) ofthe Code and Section 206(d)(3) of ERISA. NOW THEREFORE, it is hereby ORDERED AND ADJUDGED as follows: 1. Amount of Benefits to be Distributed to Alternate Payee. The Alternate Payee shall be entitled to receive $10,000 of the Participant's account balance in the Savings Plan as of July 14, 2004, together with earnings (or losses) on that amount from that date until the date of actual distribution. Distributions required in order to comply with the terms of this Order will be made pro rata from each of the investment funds in which the Participant's account is invested. 2. Time and Manner of Payment. The amount set forth in Section 1 as payable from the Savings Plan shall be segregated in an account in the name of the Alternate Payee as soon as practicable after the Effective Date of the Order which shall be the date the Plan Administrator has determined pursuant to Paragraph 7 hereof that this Order is a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Code and Section 206(d)(3) of ERISA, or, if such Plan Administrators have predetermined that this Order constitutes a Qualified Domestic Relations Order, then immediately after entry of this Order. . . .. ' Qmo Page 2 3. Addresses. The name and current mailing address of the Participant is as follows: William T. Seymore 508 North Fourth Street Newport, PA 17074 Social Security No.: 187-40-7749 Date of Birth: February 3, 1951 The name and current mailing address of the Alternate Payee is as follows: Dyanne M. Sage flk/a Dyanne M. Seymore 714 Kent Drive Mechanicsburg,PA 17050 Social Security No.: 153-52-1669 Date of Birth: February 14, 1956 The Alternate Payee shall keep the Plan Administrator informed of her current address. Notice of any change of address shall be made in writing to the Plan Administrator of the Savings Plan addressed as follows: Savings Plan Administrator Unisys Corporation Unisys Way Blue Bell, PA 19424 4. Death of Alternate Payee. In the event the Alternate Payee dies before all the accounts from the Savings Plan are distributed to her under this Order, any amounts not yet distributed from the Savings Plan shall be paid to the beneficiary designated by the Alternate Payee. If the Alternate Payee has not designated a beneficiary, any amounts not yet distributed from the Savings Plan shall be paid in accordance with the Plan's procedures. 5. Death of the Participant. The death of the Participant prior to the death of the Alternate Payee shall not affect the Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof. 6. Liability for Income Taxes. The Alternate Payee shall be solely responsible for and bear the burden of all state, federal and any other income taxes, penalties and interest payable with respect to amounts distributed to the Altemate Payee undertaken pursuant to this Order. J ~ 'f .. QDRO Page 3 7. Plan Administrator. A copy of this Order shall be mailed promptly (return receipt requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and the Alternate Payee of such determination. During the period which such determination is being made, the Plan Administrator shall comply with all requirements imposed upon him by Section 414(p)(7) of the Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall immediately notify both the Participant and the Alternate Payee of such determination and the reasons therefore. 8. Continuinl! Jurisdiction. This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and in the Agreement. i:d~~ cg /1/ /IJ? Dale I ~~~. 4 Alter te Payee ~kt:L Dated t~~; 1:JJ::t- ~ 4t= t. Dat{ , d-V 0 (;; r ~o~~ ;/ ) ~~~Y T: Judge rff ~it i~~ f ~ ..c:.. ~ ~ ('" 'ii j\;\//\lJ ~..s;N r..J ,3d tUNnCY" r' '.~\-~inO fJ fJ SS:f; Wd 8Z 1JO 9GOl .. .\/' ~"'''',\ 11-..1 I; '-",j j 1 -n '1' '0 ^b t' 1.v: '-~I,...,I(''''uJv;J(J:Jil j j 'jf~:!:J:iO.-G3l!j