HomeMy WebLinkAbout07-0845RANDALL L. DAY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW?j /
NO. p7 _S 1. ?t??C+ -TE1/2-A-7
MOLLY B. DAY,
Defendant IN DIVORCE
NOTICE TO DEFEND
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 at the Cumberland County Court House, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 800-990-9108
SAIDIS, FLOWER & LINDSAY
SAIDIS,
LP4D AY
26 West High Street
Carlisle, PA
r J. Lindsay ,
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Attorney Id. 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
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RANDALL L. DAY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
NO. Q'? - ?''yS u C, ME,
MOLLY B. DAY,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. The Plaintiff is Randall L. Day, an adult individual residing at 2074 Enfield
Street, Camp Hill, Cumberland County, Pennsylvania since 2003.
2. The Defendant is Molly B. Day, an adult individual residing at 2074 Enfield
Street, Camp Hill, Cumberland County, Pennsylvania since 2003.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on October 21, 2000 in Altoona,
Blair County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties in this or in any other jurisdiction.
6. The Plaintiff has been advised that counseling is available and that he has the
SAMIS,
LINDSAY
erromvEts..eruw
26 West High Street
Carlisle, PA
right to request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance
with §3301 of the Pennsylvania Divorce Code.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
J7C
Car Lindsay, Es e
Attorney Id. 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
Dated: ' -II j J
IS ?
R
LINDSAY
AT[ORNEf&A -
26 West High Street
Carlisle, PA
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
FLOWER &
LINDSAY
nnoem?,truw
26 West High Street
Carlisle, PA
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
Date:
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RANDALL L. DAY,
Plaintiff
V.
MOLLY B. DAY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-845 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Charles Rector, Esquire, attorney for Molly B. Day, accept service of the Complaint
in Divorce in the above-captioned matter and certify that I am authorized to do so.
LAW OFFICES OF C14ARL S RECT
ESQUIRE, P.C. /
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
Date Charles Rector squi
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011-6912
Attorney for Defendant
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RANDALL L. DAY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 07-845 CIVIL TERM
MOLLY B. DAY, :
Defendant IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on
February 13, 2007.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. 1 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 to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. 4904 relating to unsworn f to authorities.
Date: S ZS d
ndal;1. Day
DECREE UNDER4 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the
SAIDIS,
FLOWER &
LINDSAY
nnowve?s•.?•uw
26 West High Street
Carlisle, PA
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge, information and belief. 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: 2 bi
L. Day
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`7116107
RANDALL L. DAY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 07-845
MOLLY B. DAY, :
Defendant IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this day of , 2007,
U- U
between MOLLY B. DAY, of 2074 Enfield Street, Camp Hill, Cumberland County, Pennsylvania,
hereinafter referred to as "Wife", and RANDALL L. DAY, of 151 Old Gap Road, Carlisle,
Cumberland County, Pennsylvania, hereinafter referred to as "Husband".
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on
October 21, 2000 in Altoona, Pennsylvania; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 07-845 Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited, of all matters between them relating to
the ownership of real and personal property, claims for spousal support, alimony, alimony
pendente lite, counsel fees and costs and the settling of any and all claims and possible claims
against the other or against their respective estates.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
mutually kept and performed by each party, as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
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(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and
that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce
action. On or about May 25, 2007, the parties will execute and file Affidavits of Consent and
Waivers of Notice and Husband will finalize the divorce.
(3) REAL PROPERTY: The parties were the owners of certain real estate with
improvements thereon erected and known and numbered as 2074 Enfield Street, Camp Hill,
Pennsylvania. The property has been sold and the parties have equally divided the proceeds of
sale.
(4) DEBT:
A. Marital Debt: Husband and Wife acknowledge and agree that there are no other
outstanding debts and obligations which are marital or for which the other might be liable incurred
prior to the signing of this Agreement, except as follows:
L Husband's obligation on his GM credit card;
ii. Wife's obligation on her Chase credit card.
1: Husband shall pay the obligations to GM by making timely monthly payments in at
least the minimum amount required by the creditors until paid in full.
2: Wife shall pay the obligations to Chase by making timely monthly payments in at
least the minimum amount required by the creditors until paid in full.
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Each party shall pay the outstanding joint debts as set forth herein and further agrees to
indemnify and save harmless the other from any and all claims and demands made against either
of them by reason of such debts or obligations.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on December 1, 2006, the party who incurred said debt shall be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred.
C: Future Debt: From the date of this agreement neither party shall contract or incur
any debt or liability for which the other party or his or her property or estate might be responsible
and shall indemnify and save the other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by the other party
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she
may have to any and all motor vehicles currently in possession of the other party. Each party
shall assume full responsibility of any encumbrance on the motor vehicle received by said party,
and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain
the 2002 Ford truck and shall be solely responsible for the lien thereon. Wife will retain her 1997
Ford Escort.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they
have effected a satisfactory division of the furniture, household furnishings, appliances, tools and
other household personal property between them. They mutually agree that each party shall from
and after the date hereof be the sole and separate owner of all such property. This agreement
shall have the effect of an assignment or bill of sale from each party to the other for such property
as may be in the individual possession of each of the parties hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right,
title or interest he or she may have in or to any intangible personal property currently titled in the
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name of or in the possession of the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. In
addition, Wife will retain the balance of approximately $3,000.00 in her M&T savings account.
Husband shall retain the Members 1St Federal Credit Union checking and savings accounts which
is presently jointly titled and Wife will execute any documents required by Members 16t to
relinquish any ownership interest she has in said account. Wife will retain her PSERS pension
and Husband will retain his Lear pension and 401(k). Wife will retain her premarital mutual fund
without claim from Husband. Husband will transfer to an IRA for wife $7500.00 frpm his 401(k)
plan with Lear by Qualified Domestic Relations Order prepared and processed by Wife's counsel.
Said rollover will have no tax consequence to either party.
(8) WAIVER OF ALIMONY: The parties acknowledge that each has income and
assets satisfactory to his and her own reasonable needs. Each party waives any claim he or
she may have one against the other for alimony, spousal support or alimony and alimony
pendente lite.
(9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this agreement with which to consult with counsel, Husband is represented by Carol J.
Lindsay, Esquire and Wife is represented by Charles Rector, Esquire. 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 received such advice and with such
knowledge as each has sought from counsel, and the execution of this agreement is not the result
of any duress or undue influence, and that it is not the result of any improper or illegal agreement
or agreements. Each party shall pay his or her own attorney for all legal services rendered or to
be rendered on his or her behalf.
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(10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
(11) INCOME TAX:
A: The parties have heretofore filed joint Federal and State Tax returns. Both
parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or
assessment of any such tax is made against either of them, each will indemnify and hold harmless
the other from and against any loss or liability for any such tax deficiency or assessment and any
interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who is finally determined to be the
cause of the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
B: The parties will file a 2006 Federal income tax return jointly and will equally
divide the refund which they receive.
(12) BANKRUPTCY: 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
contained 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 declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
into.
(13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with, the
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wealth, real and personal property, estate and assets, earnings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for past, present and future claims on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of the party, including all claims which have
been raised or may be raised in an action for divorce.
(16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each
hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions and
expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other, whether
real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of
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courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country,
territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out of or in
connection with the marital relationship or the joint ownership of property, whether real, personal
or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the
provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time,
and under the provisions of any similar statute enacted by any other country, state, territory or
political subdivision;
1. All rights, claims, demands, liabilities and obligations each party now has, or
may hereafter have, against or with respect to the other.
(17) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
unenforceable, all other provisions shall continue in full force and effect.
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(18) INCORPORATION INTO DECREE: In the event that either of the parties shall
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(19) BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court cost and counsel fees of the other party. In the event of breach, the other
party shall have the right, at his or her election; to sue for damages for such breach or to seek
such other and additional remedies as may be available to him or her.
(20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
(21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the
WITNESS:`
year first written above.
8
Molly B. Day
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
On this 16th day of July, 2007, before me a notary public, the undersigned
officer, personally appeared Molly B. Day, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that
she executed same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Tammy S. Frt L SEAL
FLIMOTV AMMY S. FAUST, Notary Public
er Allen T wp., Cumberland Conni
Commission Expires duty S, 1111
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RANDALL L. DAY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-845 CIVIL TERM
MOLLY B. DAY, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on February 13, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made herein 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.
Molly . Day
Date:1 L6J-07
- Tf
RANDALL L. DAY,
Plaintiff
V.
MOLLY B. DAY,
Defendant
PRAECIPE TO TRANSMIT RECORD
SAIDIS,
LNDS
26 West High Street
Carlisle, PA
To the Prothonotary:
Kindly transmit the record, together with the following information, to the Court for
entry of a Decree in Divorce:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the Complaint: Defendant's counsel signed an
Acceptance of Service of the Complaint on February 20, 2007. Proof of service was filed
with the Court on February 22, 2007.
3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code
was executed:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-845 CIVIL TERM
IN DIVORCE
By Plaintiff: May 25, 2007 and filed with Prothonotary on May 25,
2007.
By Defendant: July 16, 2007 and filed with Prothonotary on July 18,
2007.
4. Related claims pending: The terms of the Property Settlement and Separation
Agreement dated July 17, 2007 are incorporated, but not merged, into the Decree in Divorce.
5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was
executed:
By Plaintiff: May 25, 2007 and filed with Prothonotary on May 25,
2007.
By Defendant: July 16, 2007 and filed with Prothonotary on July 18,
2007.
SAIDIS, FLOWER & LINDSAY
/1
Carol J. Lindsa ; Esquie'
Supreme o ID No. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
RANDALL L. DAY -'
07-845
No.
VERSUS
MOLLY B. DAY
DECREE IN
DIVORCE
AND NOW, -sot, 2S Z-c)c>7, IT IS ORDERED AND
RANDALL L. DAY
DECREED THAT
AND
, PLAINTIFF,
MOLLY B. DAY 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 terms of the Separation and Property Settlement Agreement dated July 17, 2007
are incorporated, but not merged, into this Decree in Divorce.
BY THE CO T:
A ST: J
PROTHONOTARY
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Randall L. Day IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW - IN DIVORCE
Molly B. Day NO. 07-845
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
It is the intent of the Court that the provisions of this Domestic Relations Order ("Order")
operate as an effective assignment of the Participant's interest in the Lear Corporation Salaried
Retirement Savings Plan, set forth below under both state and federal laws, for all purposes, and
constitute a Qualified Domestic Relations Order in compliance with Section 414(p) of the Internal
Revenue Code of 1986, as amended ("Code") and Section 206(d)(3) of the Employee Retirement
Income Security Act of 1974, as amended ("ERISA").
1. Employee has earned certain benefits under the Lear defined contribution retirement
plan during the marriage, which are the community property of the Employee and Alternate
Payee. The defined contribution plan is known as the Lear 401(k) Investment Plan. This Order
shall apply to the Lear Corporation Salaried Retirement Savings Plan, subject to the limitations
and restrictions on benefits as set forth under Section 415 and Section 401(a)(17) of the Code. The
Plan Administrator is Lear, P.O. Box 436, Little Falls, NJ 07424.
2. The Plan Participant is:
Randall L. Day
151 Old Gap Road
Carlisle, PA 17013
Social Security No.: 167-58-4601
Date of Birth: August 23, 1976
3. The Alternate Payee is:
Molly B. Day
628 Gates Lane
Enola, PA 17025
Social Security No.: 184-56-8380
Date of Birth: May 14, 1976
The Alternate Payee is the former spouse of the Plan Participant. The Alternate Payee
shall have the duty to notify the Plan Administrator in writing of any changes in this mailing
address subsequent to the entry of this Order.
4. The Alternate Payee is awarded $7,500.00 from the Participant's vested account
balance in the Plan. Payment of these funds shall be made to the Alternate Payee as soon as
administratively feasible following receipt of the appropriate Plan distribution election.
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Page 2
In the event the amount specified in Paragraph 4 above is in excess of the Plan
Participant's total account balance valued as of the date of distribution to the Alternate Payee, the
Plan shall pay the Alternate Payee 100% of the Plan Participant's vested account balance valued
as of the date of distribution to the Alternate Payee.
5. The Alternate Payee designates her estate as beneficiary in the event she dies prior to
receiving payment. On and after the date that this Order is deemed to be a QDRO, but before the
Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to
all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not
limited to, the right to name a beneficiary, to the extent permitted under the Plan.
6. The benefits hereby assigned to the Alternate Payee shall be paid to the Alternate
Payee notwithstanding the Participant's continued employment with Lear, in accordance with the
Alternate Payee's election and the terms of the Plan.
7. All benefits payable under the Plan other than those payable to Molly B. Day shall be
payable to Randall L. Day in such manner and form as Randall L. Day may elect in his sole and
undivided discretion, subject only to Plan requirements.
8. Payment from the Plan to the Alternate Payee pursuant to this Order shall be
includable in the Alternate Payee's gross taxable income to the extent required by the Internal
Revenue Code.
9. While it is anticipated that the Plan Administrator will pay directly to Molly B. Day the
benefit awarded to the Alternate Payee, Randall L. Day is designated a constructive trustee to the
extent he receives any benefits under Lear Corporation Salaried Retirement Savings Plan that are
due to Molly B. Day but paid to Randall L. Day. In the event of such payment, Randall L. Day is
ordered and decreed to pay the benefit defined above directly to Molly B. Day.
10. Nothing contained in this Domestic Relations Order shall be construed to require the
Plan or the Plan Administrator:
a. To provide to the Alternate Payee any type or form of benefit, or any option, not
otherwise available under the Plan, or
b. To pay any benefits to the Alternate Payee which are required to be paid to
another alternate payee under another domestic relations order previously determined by the
Plan Administrator to be a QDRO, or
c. To require the Plan to provide increased benefits.
11. In the event of a conflict between the terms of this Domestic Relations Order and the
terms of the Plan, the terms of the Plan shall prevail.
12. This QDRO shall be incorporated by reference into any final judgment and decree of
divorce as if each and every paragraph herein were specifically set forth therein and shall be
enforceable by contempt.
?QDRO
Page 3
13. This QDRO continues to be effective with respect to any successor or transferee plan,
including any plan into which the Plan is merged. In the event of a change of Plan Administrator
or amendment to the Plan, the Alternate Payee shall receive the same written notification as
other beneficiaries.
14. The Plan Administrator may unilaterally modify any term of this QDRO to the extent
necessary to comply with applicable law. However, should any portion of this Order be rendered
invalid, illegal, unconstitutional, or otherwise incapable of enforcement, or should any of the
procedural matters herein ordered need to be adjusted to-accomplish the objectives of this Order,
the court reserves jurisdiction to make such adjustment in this Order as will effect the intent of
the parties as manifested herein.
15. All payments made pursuant to this Order shall be conditioned on the certification by
the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties.
16. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as
administratively practicable after receipt of the proposed QDRO, while the Plan is determining
whether this Order is a qualified domestic relations order, the Plan Administrator shall
separately account for the amounts which would have been payable to the Alternate Payee.
17. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
"QDRO
Page 4
18. A certified copy of this Domestic Relations Order shall be served upon the Plan
Administrator.
Accepted and ordered this day of J G C e cl Z06?
CONSENT TO ORDER:
?Z 1o L?Q>7
. e--7 iz--- P P#inti?(Participant Date
Attorney for Pl Date (- Attorney for el
Participant Alternate Payee
9W07
Defendant/Alt mate Payee Date
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Date
BY THE COURT