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HomeMy WebLinkAbout97-00313 ****~~*-*~-****-**-~.)-~._-**~**~ ---~.-~.---~. ._~----_.--._-~ --,-_.. ............----................----,..----.-, . 1!t1 ~~ ('.. il~ .. ~ ~- '.' ~ * IN THE COURT OF COMMON PLEAS ~ '.' * OF CUMBERLAND COUNTY l':t STATE OF 1~~ PENNA, ~'~;I!F-..-r ,', ~ ~ ',' ~I '.' w '.' ;it ',' CONNIE F. MILLER, l'\ (), 97-.3_l_~_.~IVI.~_.!~fU1 I) ,', ~ ~ Plaintiff ;it ',' Vl'I'",US * ROBERT E. MILLER, SR., ~ IN DIVORCE Defendant ~ ',' .' ~ ',' s ~ ',' DECREE IN DIVORCE ~l .. ~ AND NOW, .. .. .. . .. ..~.r<.. .. .~J'... . " 19.:r~.., it is ordered and decreed that,..,.... c.~~~~.E. .~:. ~~~LE.R......."............, plaintiff, and."...,..,..."., .~?~.~~:. ~:. ,~~~.~~~~. ,~R:...........,.., defendant, are divorced from the bonds of matrimony. .., ., ~ " ~ w ~.' " ~ ~ w ',' 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; * ~ " ~ NellE. The terms of the Property Settlement l'greement dated March 27, 1998 .........................."... ........... ,..... ....... ..... ...,........... w '.. ~~.iocorporated.but_not.merged.into_this_ Decree.. -.,...... -... - - - -..... -.. w ~.' /1; 7"'''~ ~ ,,' n Y T er,? It I : Aile : {;""i", -r' x{t'J /~. ~",...;{7 ,Y y4>. ;J2 - /'7 Prothonotary ~ ,,' ~ <:. " ~ ~ .,' ~ ~ ~ .---; ;-.:- ;.- '... ........... . ;.- .. .. .{jt_. ';;.1'_' '=-.' .:.t'.' .,.. .... ..... ..... ....' ..... '~_' ..... ..... ..... ..... .:.:. J. ~ -:.:- .:.:. .:.:. .:.:. .:.:- -:.:- .:+:. .:6:- .:.:. .:.:- .:.:. -:.:. .:.:- .:.:- t !I: i ~ ',' ~ ~ '.' ~ ~ ',' * ~ ~ ~ ~ ~ ',' ~ ',' I~ ~ ".. (~ ?~ , ' I,', J:" 1 : I... i~ i' * ~ ~ ~ 1'-' ,... r~ I. ~~ I.'. I~ , '~ ,~ ;~ \~ , - '.* ~ B ~ :~ agree a. follow.. 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS Thi. Agreement shall not bs considsrsd to affsct or bar ths right of Wife or Husband to a limited or absolute divorcs on lawful grounds if such grounds now exist or shall hsreaftsr sxist or to such dsfenss as may be availabls to either party. Thi. Agreement is not intsnded to condone and shall not be dsemsd to bs a condonation on ths part of sithsr party hersto of any act or acts on the part of the other party which have occasioned ths disputse or unhappy differsnces which have occurrad prior to or which may occur subsequsnt to the date hersof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amsnded by Act No. 1990, 206 effective 3-19-91. 2. EFFECT OF DECREE. NO MERGER It is further spscifically understood and agresd that the provi.ion. of this Agreement relating to the squitabls distribution of property of the parties are acceptsd by Bach party as a final ssttlemsnt for all purposee what.oever. Should either of the partiss obtain a dscree, judgment, or order of separation or divorce in any othsr state, country, or jurisdiction, each of the partie. to this Agreement hsrsby conssnts and agrsss that this Aqrssment and all of it. covsnants shall not be affectsd in any way by any such ssparation or divorce, and that nothing in any such dscrse, judgment, ordsr, or further modification or revision thereof shall alter, amsnd or vary any term of thie Agresment, whether or not eithsr or both of the parties should remarry, it being understood by and betwssn the parties that thie Agreement shall survive and ehall not be merged into any decree, judgment, or ordsr of divorce or separation. It is specifically agreed, however, that a copy of this Agreemsnt may be incorporatsd, by refsrence, into divorce judgment or decree. Thie incorporation, 2 however, ehall not be regarded ae a merger, it being the intent of the partiee to permit this Agreement to survive any such judgment, unless othsrwise specitically provided hersin, and for this Agreement to continue in full torce and etfect atter such time ae a final decree in divorce may be entered with reepect to the partiee. The parties agree that the terms ot this Agreement may be incorporated into any divorce decree which may be entered with respect to them for the purposes of enforcement only of any provisions therein, but shall survive auch decree. J. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSI!:L The provieions of thie Agreement and their legal effect have been fully explained to the parties by their respective counsel, Ruby D. Weeks, Esquire, for Husband, and Carol J. Lindsay, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstancss, fair and equitable and that it is being entered into freely aud voluntarily, after having received 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. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of ths financial disclosure of the other as an inducement to the execution of thie Agreement, and that the partiee do not wish to exercise their right to have 3 .ppr.i..l. by expert. .. to the v.lue of the v.riou. int.r..t. ot the p.rti... The p.rtie. under.t.nd th.t .uch .ppr.i..l. would b. n.c....ry to fix the t.ir m.rket v.lue of th... int.r..t. tor purpo... ot .quit.bl. di.tribution. 6. OBTAININO INPORMATION ON PINANeER E.ch p.rty .cknowl.dg.. th.t th.y h.v. b..n intorm.d th.y m.y h.v. the right, .. provided by .t.tute .nd P.nn.ylv.ni. Rul.. ot Civil proc.dure, to obt.in intorm.tion reg.rding thll p.rtiu' t in.nc... Such intorm.tion would includll, without limit.tion, th.ir pr...nt .nd p.llt incom., .nd the id.ntity .nd v.lu. ot ..II.t. both pr...ntly owned .nd transterred previously. Such inform.tion may be obtained by one or more ot several methods including d.position. upon oral .xamination, written interrogatories, production ot documents or entry upon property tor inspection. The parties agree to waive any further discovery. 7. PILINO I~RI~S ANn APPRAIS~ The parties further acknowledge their understanding that they each have the right to tile Inventories and Appraisement which require a party to indicate, under oath, intormation regarding all marital property in which either party has an interellt a. ot the date the action was commenced, Fully knowing the same, each party nonetheleu waives their respective rights to request additional discov.ry be conducted, to tile Inventories and Appraisement with the Court, or to require the other party to do so. S. TAl[ IlJO:\PORM ACT The parties acknowledge that the Tax Retorm Acts ot 1984 and 1986, and all amendments thereto, created dramatic changes in the tax law as it atfects the dissolution of marriages, including but not limited to the tax consequences of support payments and all taxes associsted with the division of property, Ruby D. Weeks, attorney for the Defendant, does not hold hers.lf out as being an 4 expert in tax related matter. and, therefore, has recommended that the partie. obtain competent tax .dvice from an independent source. By execution hereof, the parties have acknowledged such recommendation and, if they so desire, have sought and obtained advice with regard to matters of concern to them, as contemplated herein. 9. PBRSONAL RlODTS Wife and Husband may and shall, at all times hersafter, live eeparate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects 4S fully ae if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any bueinss, occupation, profession or employment which to him or her may seem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 10. MUTUAL RELPlASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all righte, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or ehe now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse'. 5 Will, or the ri9ht to tr..t . lif.tim. conv.yanc. by the oth.r a. t..tam.ntary, or all oth.r ri9ht. of . .urvivin9 .pou.. to p.rticip.t. in . d.c....d .pou..'s .at.te, whether .r18in9 und.r the l.wa of (a) Pennaylvani., (b) .ny Stat., commonw..lth or territory of ths United St.tes. or (c) .ny oth.r country, or any rights which .ith.r p.rty may have or at .ny time h.r..ft.r h.v. for pa.t, pr...nt or future support or m.int.n.nc., .1Lmony. alLmony pend.nt. lit., coun..l fe.., equitable distribution, cost. or .xp.n.... wh.th.r ari.ing aa a r..ult of the m.rital r.l.tion or oth.rwis.. .x.pt, .nd only exc.pt, all right. .nd a9r.ement. and obli9ation. of whatso.v.r n.tur. .rising or which m.y aris. und.r this Agr.ement or for ths br..ch of .ny th.r.of. It is the int.ntion of Husb.nd .nd Wife to giv. to ..ch othsr by the .x.cution of thie Agr.em.nt a full, compl.t. .nd g.neral r.le.a. with r.spect to .ny and all prop.rty of any kind or nature. real, p.raonal or mix.d. which the oth.r now owna or m.y hereafter acquir., exc.pt and only .xc.pt .11 righte .nd agreemente and oblig.tion. of wh.teo.v.r n.ture .rieing or which may ariee und.r this A9reem.nt or for the br.ach of any thereof. 11. EOUI'I'Il'AT." DISTRIBUTION 0,. PROPERTY, It is specific.lly und.rstood and agreed that this Agreem.nt constitutes .n .quitabl. di.tribution of property, both r..l and personal. which w.e 1.gal1y .nd ben.fic.lly acquired by Husb.nd and Wif. or .ith.r of them during the marriag., as contemplated by Th. Act of April 2, 1980 (P.L. 63, No. 26) known as Th. Divorc. Code. 23 P.S. 3101 .t. s.q. Of the Commonw..lth of P.nnsylvani.. And furth.r. th.t the p.rties h.ve .tt.mpt.d to divide th.ir marital prop.rty in a m.nn.r which conforms to the crit.ri. s.t forth in 3502 of the P.nnsylv.ni. Divorc. COde, .nd t.king into .ccount the following consider.tions, the l.ngth of the m.rri.g.. the prior m.rri.ges of the p.rti.e, the age, health, atation, amount and sourcea of incom., vocational ekille. employ.bilit.y, ..t.te, 6 liabilitie. and neede of each of the parties, the contribution of one party to the education, training, or increa.ed earning power of the other partY1 the opportunity of each party for future acquieition of capital aseets and income1 the aourcea of income of both partie., including but not limited to medical, retirement, in.urance or other benefits, the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homsmaker, the value of the property eet apart to each partY1 the standard of living of the parties established during the marriage, and the economic circumstances of each party at the time the division of property is to become effective. 12. DISTRIBUTION OF PERSONAL PROPERTY, The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliancee, and other household pereonal property between them ae per Appendix A attached hereto and made a part hereof, and they mutually agree that each party ehall from and after the date hereof bs the sole and separate owner of all such tangible personal property pressntly in his or her possession, and 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 posseeeion of each of the partiee hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items cf tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the poseeseion and/or under the control of ths other. Should it become necessary, the parties each agrse to sign, upon request, any titles or documents neceesary to give effect to this paragraph. Property shall be deemed to be in the posseseion or under the control of either party if, in the case of tangible personal propsrty, 7 the item ie phy.ically in the po.....ion or control of the party at the time of the .igning of this Agreamant, and, in the ca.e of intangible peraonal property, if any phy.ical or written certificate of ineurance or other aimilar writing ia in the po..e.eion or control of the party. Hueband and Wife ehall each be deemed to be in the poa.e..ion and control of hie or her own individual penaion or other employee benefit plan. or retirement benefita of any nature with the exception of .ocial eecurity benefite to which either party may have a vested or contingent right or interest at the time of the signing of thie Agreement, and neither will make any claim against the other for any intereet in euch benefite. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition "s to their esparate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, eell, grant, convey, or otherwise encumber or diepose of such property, whether real or pereonal, whether such pr~perty was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 13. GENERAL. (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securitiea. (2) Wife hereby waives all interest in Husband'e property including but not limited to all accounts, certificates of deposit, and securities. 14. MOTOR WRIt!T.P.S I With respect to the motor vehicles owned by one or both of the parties, they agree as followe. (al The parties transfered the title of the jontly owned marital residence, a mobile home on which there is no debt, to their 8 eon, Roger Hiller, who 18 reeiding in it at $1.00 coneidention. The parties have agreed to make this property a gift to him. The parties have giv.n the furniehings in the mobile home to th.ir eon, Roger Hill.r. (b) Th. 1991 Ch.vy cavalier, titled to Wif., .hall b.come and remain the .01. and exclusive property of the Wife. It is not security for any loan. (c) The 1987 Chrysler, titled to Wife, shall become and remain the eol. and exclusive property of the Husband. It is not security for any loan. Husband agreee to indsmnify and hold harmless the Wife from any and all liability incurred in ths transfer of this vehicle. (d) The 1980 Chrysler, titled to Hueband, ehall become and remain the eole and exclusinve propsrty of the Hueband. It is not eecurity for any loan. 1S. DOCUMENTS TO Rio: P'lIRHISRIo:D Both Husband and Wife agree to provide each other with information a. to policy numbere, company nAmse and addre.ses, and proof of b.neficiary dssignatione of any and all life insurance policies m.ntioned in thie Agr.ement. Additionally, Hueband agree. to provide Wife with copiee of any and all joint tax return. filed by the parties. 16. APTI':R-ACOUIRED PI':RSOHAL PROPIo:RTY Each of the parties ahall hereafter own and enjoy, independently of any claim or right of the other, all items of pereonal property, tan9ibl. and intangible, subsequently acquired by the other party. 17 . DI!BTS MARITAl. DI!BTSI Husband and Wife agree that the debte incurred by Hu.band and Wife during the marriags to various charge accounts and oth.r out.tanding loans shall be assumed by Husband for the ex18ting balanc. at the time of separation, and Husband agrees to indemnify and hold Wife harml... of ...., 9 except ae further set forth in this agreement. These debts are the joint Mastercard with a balance of approximately $1,400.00, the ABF Credit Union Debt with a balance of approximately $2,000.00, the repayment of the loan for Husband's 401K plan, and the Mobile Credit card. The Wife will assume the debt for Wife's credit card with a balance of approximately $800.00. 18 ftlTURle DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of thie Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree thst neithsr shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Hueband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 19. WARRANTY AS TO EXISTING OBLIGATIONS Each party repressnts that thsy have not hsretofore incurred or contracted for any dsbt or liability or obligation for which the estate of the other party may be responsible or liable except as may bs providsd for in this Agreement. Each party agrees to indemnify or hold the othsr party harmless from and against any and all such d~bts. liabilities or obligations of every kind which may have hsrstofore been incurred by them, including those for nscessities, except for the obligations arising out of this Agreement. 10 ~O , RETIREMENT FUNDS A. The Hueband, who has been employed by ABF Freight System, Inc., has accumulated benefits in his Central Pennsylvania Teamster'e peneion account and 401K accounte. He also has such benefits from prior smployment with the Central state, SouthEast and Southweet Areas Pension Fund. It is agreed by the partie8 that the Wife shall waive any interest she may have in any of these benefits, including retirement, which the Husband may have a8 a re8ult of hie employment except as provided in Paragraph 21 below. B, The Wife, who is employed by NHP Incorporated, has accumulated benefits in her 401K and other employment benefits. It is agreed by the partie. that the Hueband shall waive any interest he may have in any of the benefit8, including retirement, which the Wife may have as a result of her employment except a8 provided in Paragraph 21 below, ~l, 401K AND PENSION PLAN A. The parties acknowledge that the Husband does have a Teamster's Pension plan through his employer which has a December 31, 1996 balance of approximately $83,793, and also a 401K plan, which as of December 31, 1996, had a value of $53,402, with an outstanding loan of approximately $9,000. The Husband will assume repayment of the loan. The parties agree that they ehall divide equally the Husband's Teamster's Pension and 401K savings plan, with the Wife receiving a total of 573,097.50 from both funde. This transfer shall be accomplished through Qualified Domestic Relations Orders directing the Plan Administrators for Husband's employer to rollover 531,201.00, plue intereet earned thereon, from December 31, 1996 to date of distribution, from the Husband's 401K, to a tax sheltered account to be established in Wife'S name, or such other option as i. available to Wife and which she elects. A second QualIfied Pomestic Relations Order dIrecting the Husband's Pension Plan Administrator to set aside $41,896.50 from Husband's Central pennsy 1 vania Teamster's Pension Fund, with earning8 11 thereon from January 1, 1997, into an account in the Wife'8 name, or in euch other manner ae i8 available to Wife and which she elects, shall also be entered. It is th8 parties' understanding that the transfers will be tax-free events, and they have each consulted their own tax expert regarding this. In the event there are tax con8equencee to the transfer, the partiee agree that they shall 8hare equally the tax consequences. Each shall bear, however, the tax consequenc.. of the diep08ition of the .hare of ths 401K and pen. ion plan each receivee pur8uant to thie Agreement. It is further the parties' underetanding that the Wife' 8 401K and peneion account received here will be 8ubject to the same term8 and conditions of the plans which are presently in place through the Hueband' s employer and Union ae is the Husband. C. The parties acknowledge that the Wife does have a 401K eavings plan through her employer which has a present balance of approximatsly 520,000. The parties have agreed that Wife will retain her 401K savings plan. 22. DIVORCE Hueband and Wife agree that Wife hae filed a Complaint in divorce .eeking a divorce on the basis of mutual coneent. Husband and Wife both agrse that ninety (90) days following the filing of a Divorce Complaint by Wife that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Each party shall pay their own counsel fees, costs, and expenses incident to obtaining the aforeeaid divorce. The parties hereto state and agree that this Agreement ehall not in any way be construed as a collusive agreement. 23. ATTORNEY. FEES. COSTS' EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 24. WAIVER OF SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. AND ALIMONY 12 The partiea herein acknowledge that by thl.8 Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, rslease and give up any righte thsy may respectively have against the other for alimony, alimony pendente lite, eupport or maintenance. It shall be from the date of this Agreement the 801e responeibility of each of the respective partiee to sustain themeelves without seeking any support from the other party. Further, the Wife agees to oxecute, along with the signing of this agreement, a direction to the Cumberland county Domestic Relations Office discontinuing the present order of alimony pendente lite effective Karch 1. 1998, and indicating there is no further duty of support of any kind due her from the Husband. 25. BREACII 0" AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remediee as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 26. LAW 0.. PEJ/HSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvanis which are in effect as of the date of execution of thie Agreement. 2l. AGREP.MENT BINDING ON HEIRS This Agresment shall be binding shall inure to the bsnefit of the parties hereto and their respective heirs, executors, administrators, successors and 13 auigns. 28. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determinsd or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from thie 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 eatisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 29. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 30. NO WAIVER 0" DI!"AIILT This Agreemsnt shall remain in full force and effect unlese and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligation herein. 31. WAIVER OR NOTI..ICATION TO BI! IN WRITING No modification or waiver of any of the terms hereof shall be valid unle88 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 8&me or similar nature. 14 ,. ~..., 32. RURB!Ot~ DIVORCE Wife ha. filed a complaint in Divorce again.t Hueband. Hueband and Wife each agree to .ign an Affadavit of Con.ent and a Affadavit waiving couneeling to be filed in eaid divorc. action. In the .vent such divorc. action i. concludad, Hu.band .ha1l be entitled to r.ceiv. a copy of the Oecr.e in Divorce for the normal f.. charged by the Prothonotary and ah.ll not be a......d any co.t of the proceeding, except al previou.ly agr..d to her.in in Paragraph 23, Page 12. In the .vent luch divorce action iE concluded, the partie. .hall be bound by all the t.rm. of thi. Agr.ement, which .hall not b. m.rged in such Deere., but .hall in all re.p.ct. .urviv. the .ame and b. forever binding and conclueive upon thl partie.. 33. MUTUAL COOPERATION Each party shall, at any time and from time to time h.reafter, take any and all .tep. and execute, acknowledge and deliver to the other party any and all furth.r inetrument. and/or documents that the other party may rea.onably r.quir. for the purpose of giving full force and effect to the provisions of thi. Agreement. 34. lI.GREP.MmI'I' BINDING ON HEIRS ,This Agreement shall be binding and shall inure to the benefit. of the partie. hereto and their respective heire, executors, administrators, succ..sor. and assigne. 35. !mAIlINGS NOT PART 0" lI.GRE~ Any headings preceding the tsxt of the several paragraphs snd .ubparagraph. hereof are inserted solely for convenience of reference and shall not conltitute a part of this Agreement nor shall they affect its meaning, construction or .ffect. IN WITNESS WHEREOF, the parties hereto have set their hands and seall the 15 c\ \."'" ,., ~,J -, -. , 1 "1 I \ " -) \0 ') -- ~ I .:: .~, I I ,:- 1 ,::l -.; (', ..." -':' , '...) ...., .... /, -, I , , " '..J , ~ :J -;! -::J ) ..), '; :.- <j t=::. -;, '"' t . \: CONNIE F. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE VS, Defendant NO, 97. 3/J IN DIVORCE CIVIL TERM ROBERT E. MILLER~R., COMPLAINT IN DIVORCE CONNIE F. MILLER, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C" respectfully represents: 1, The Plaintiff is CONNIE F, MILLER, who currently resides at 26 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, where she has resided for a period in excess of six months prior to the filing of this Complaint. i(.~ i'l 2, The Defendant is ROBERT E. MILLER, SA., who currently resides at 3G19-Paxton Road, Boardman, Ohio 44152, where he has resided for a period in excess of six months prior to the filing of this Complaint. 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 August 16, 1974, at Hernando, Mississippi. 5, That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction, 6, The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code, 1 COUNT I DIVORCE PURSUANT TO 23 Pa. C,S,A. !i3301 (e\ and !i3301 (d) 7, The averments of Paragraph 1.6 are incorporated herein by reference as though set out in full, 8. The marriage Is Irretrievably broken. 9. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate In marriage counseling, and does not request counseling. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree In Divorce divorcing Plaintiff from Defendant. COUNT II ALIMONY. ALIMONY PENDENTE LITE 10. The averments of Paragraph 1.9 are incorporated herein by reference as though set out in full, 11, Plaintiff Is without property and assets sufficient to provide for h5/her - reasonable needs presently and after the entry of a Decree in Divorce. 2 t . , I , WHEREFORE, Plaintiff prays this Honorable Court to order alimony, and alimony pendente lite, in an amount sufficient to provide for Plaintiff's reasonable needs. FLOWER, MORGENTHAL, FLOWER Be LINDSAY Attorneys for Plaint'" By: Carol J .Un ay, Esquire Attorne . . No. 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 3 (1 ..r) ~) , ..~J 'I "'-' -; '-' !" '(" , " ,"'1 .'.. .' .-' , ~ (.: " '- fi: - ._J ~ 'i) - ! . if') 01 .,;. ..., , 'T1 ~ ~ -0 - , ~ :'] ~ (}) 0 :, -C) N (/l . i1n . .. .~ It.. ti. 0 ~ ",} -- \.. OJ ~ ~ .< 0 0 -;: ..r. 0 y- ...) aO -0 , c:- l... ~ 0- ... 01 ~ P ,) -I:.. ~ ~ u.. .l-.. sF- .~ , ' ",J " ; T\ ..' I . " ~ ) .. -::1 .'of ) .. , '.J') >i ." -~ n <0 CJ c- ::n '1'1 :~... -I -0i, , .~~~~ "'1; :'-J --...., 1 <3 . " ',') ~:~ lOTI ;.r, _-:~J ~:.. . )111 , ~ ..~t - , . :':i ~ ::'.1 -: .:;;- -. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE . , , CONNIE F. MILLER, VB. ROBERT E. MILLER, SR., Defendant NO. 97.313 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter. /- ,7.b ~ 91 Date , obert E. Miller, Sr. 3079 Paxton Road Boardman, Ohio 44152 co, ~:') (.') :.J . I I , ~ ,-- ;-, I . - T 'J , I ,< ) " ., .- I ~ ) . - -~ p'~OI ,\loL...:..l.\O p\S;T .. ~ ClY.\ ClthJ> : (\ ;>\~\': L.;,d.;o.j O-<(;L: w...lo . !, r:\wp51\nuller\wllhdraw.upl IIle '~2IH.%.1I1 ~'.I). 21,111'17 t vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO. 97.313 CIVIL TERM IN DIVORCE DR #26,219 CONNIE F. MILLER, Plaintiff/Petitioner ROBERT E. MILLER, SR., Defendant/Respondent PRAECIPE TO WITHDRA W APPEAL OF AN ORDER FOR ALIMONY PENDENTE LITE TO THE PROTHONOTARY: . Please withdraw the appeal of the Plaintiff/Petitioner. CONNIE F, MillER, to the Court's Order for alimony pendente lite of March 20. 1997, FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff/Petitioner By: arol J. Un , Esquire o # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: -,A;~ "Vl;-l'f'i 7 f:\wp51\nllllcr\\l,llhllrilll.'.ilpl Ilk '51IH-%-OI '1.I~ 11.1'f'J"/ CONNIE F. MILLER, Plaintiff/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 97-313 CIVIL TERM IN DIVORCE DR #26,219 ROBERT E. MILLER, SR., Defendant/Respondent C.ERTIFICA TE OF SERVICE 0:./7 AND now, this ~ day of ,1997, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, MORGENTHAL, FL WER & LINDSAY Attorneys, hereby certify that I served the within PRAECIPE TO WITHDRAW APPEAL OF AN ORDER FOR ALIMONY PENDENTE LITE this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Ruby D. Weeks, Esquire Ten West High Street Carlisle, PA 17013 Ricki J, Shadday, Officer Office of Domestic Relations 13 North Hanover Street Carlisle, PA 17013 FLOWER, MORGENTHAL FLOWER & LINDSAY Attorneys for Plaintiff/Petitioner By: Carol J, Un , Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 COHIIII ,. KILLla, I IK :rIIB COURr 0' CONIIOH PLIlAS 0' Plaintiff I CUllBERLAIlD COUH'lY, PBJlHSYLVAHIA I ... I CIVIL ACTION - LAW I IN DIVORCB aOIlBRr I. KILLla, sa., I Defendant I 197-313 CIVIL rBRN I . .. . -I .Compolt_hndlorZ....__ 'I .~._3,...ond..., · I . PrInt YOW I\IfM Ir'ld addtM. on the ,....... of rNI form 10 thai... can flCwn Itit , _OOjllU. I 'AIIoch Ihlo...... to tho..... 0/ tho moIlploco. or on tho _ K _ _ no! , I .e::lR....ROOIII>t_od"ontho__boIowthollUdo_. t .. .1IIoRollll1R-,......--IOwhomlholllldt__ondtho_ '& - :': 13' MIele AddIauad 10: CAROL J. LINDSAY, ESQUIRE 11 EAST HIGH STREET CARLISLE, PA 17013 I "to wish 10 rac:aIva the Icllowtng ..rvtcee (for an extra ,..): I,: 1. CJ Addr....... Add.... 2. CJ RNtrlcltd DelIvery ConaUt paetmuter for ,... " 4a. Ar1Ic:Ie Numbar . r "i 33 II'" ("IS" j 4b, S.rv\ce Type , o Reglaterlld III ClrtItIad . o Exprtll Md 0 II1I\nd I Ii RtCIIn Rtotlll for MtrtNncIM 0 COD ! ' 7,011. e)1 ~. '2--1', I: (Otty H requatod Ii : 5, Rec:elved By: (Print NamtI) S'1l :(A 8. Addr 'e IIId fH,. paid) LI1 ~ ..a c ~ ~ IT1 IT1 :r ! (] ~ .~ J 8 ~ \ ~ i ~ f N) 1'-' ilo.~) 1 ~ ~~ ~ o ~ ..i -;,~~ j ~ I ~ ri j: i - Q. !!! - ", I'Qj ~ II e.. ~ ~ -: 0. g _ l! ~ 0l! II' !:':la::l! 8 JlI.I 01 .r ..,".- 0.. "" ,', \ "1'5\ \C.ml\I'I~g\MiII".C CONNIE F. MILLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE Plaintiff vs. ROBERT E, MILLER, SR., Defendant NO. 97.313 (CIVIL TERM) IN DIVORCE PETIi'ION FOR ALIMONY Pendente Lite Now comes CONNIE F. MILLER, by and through her counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P.C" and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on August 16, 1974, 2, Petitioner is without the ability to earn income sufficient to meet her reasonable needs, WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. FLOWER, MORGENTHAL FLOWER & LINDSAY, P,C, Attorneys for Petitioner Dated: ,/)/ / ell.: / / By: iJ . . v \. o PETITIONER: CONNIE F, MillER DOB: 05/16/48 SSN: 225-62.1103 ADORESS: 26 SPRING GARDEN ESTATES, CARLISLE, PA 17013 PHONE: 243.9121 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: COllEGE PARK How lONG? 8 YEARS tlET PAY: $1,200,23 PER MONTH JOB TITLE: MAINTENANCE SUPERVISOR OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) N/A RESPONDENT: ROBERT E, MillER, SA. DOB: 09/03/39 SSN: 430-68-6199 ADDRESS: ,/~?/ ~PAXTON ROAD, BOARDMAN, OHIO 44152 PHONE: ATTORNEY: RESPONDENT'S EMPLOYMENT: ABF How lONG? 9 YEARS NET PAY: PER JOB TITLE: OVER-THE-RoAD TRUCK DRIVER OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) WHEN MARRIED: 08/16/74 WHERE: HERNANDO, MISSISSIPPI DATE SEPARATED: WHERE LAST LNED TOGETHER: 26 SPRING GARDEN ESTATES, CARUSlE, PA 17013 H' FOR DRS INFORMATION ONLY 0 .., D , _l .1 "" ,~ ""'1 f. ~ . 1 . ~~~ ,G.J IJ~ I:':' .- '.:S ..., I :~_, --" ~ ir- ;. :." "'l~ , .". ", , :') :'1 , ~- "' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE F. MILLER ) Ducket NUlIlher 97-313 CV Plaillliff ) vs, ) PACSES Case NUlIlher 681000020 ROBERT E. MILLER ) J(o~/q Defelldalll ) OIlier Slale ID NUlIlher tilL Order AND NOW to wit. this it is hereby Ordered APRIL 16, 1998 that: THE ORDER OF ALIMONY PENDENTE LITE IS VACATED, EFFECTIVE MARCH 1,1998, WITH A BALANCE OF $2,100,00 OWED TO THE PLAINTIFF AND $4,20 IN REMAINING SERVICE FEE OWEP TO THE POMESTIC RELATIONS SECTION. THIS ORDER IS BASEP UPON THE PARTIES DIVORCE AGREEMENT, DEFENDANT IS TO CONTACT THE DOMESTIC RELATIONS OFFICE WITHIN FIVE DAYS WITH A PAYMENT PLAN FOR THE BALANCE(S) DUE, BY THE COURT: DOO: R.J. Sh3dday petitioner and responde~ . Ruby Weeks, Esq. _ VI l' j C 1 'd ' I 0",",< arc Llnsay,Esq. ) I\kuc, -- 'I/:lJlqQ, FnnI10E.()()\ Worker ID 21005 ee: ee: ee: JUDGE Service Type M (' .:7:1 r; ! r-- ;.:.; , ..-.... :11 '<1 .J " ~') -', , . APR 2 B lqqRb!J CONNIE F,I\IILLER. IN TilE COURT OF COMMON PLEAS OF CUl\lDEltLAND COUNTY, PENNSYLVANIA PI.lnlllT v, CIVIL ACTION - LAW IN DIVOltCE ROBERT E. MILLER. SR., Der.nd.nl NO. 97-J IJ CIVIL TERM And now, this DOMESTIC RELATIONS OIWER It! day of i/l1 ~ , 1998, the following is ordered and directed: 1. The Defendant. Robert E. Miller. 51',. (hereinal1er referred to as "Member") is a member of the ABF Freight System. Inc, Contractual Employee's Investment Plan (hereinafter referred to as "The Plan"). 2, The Plan is an employer-sponsored defined contribution plan that as a creature of statute, is controlled by the Employee Retirement Income Security Act of 1974 (ERISA) and is qualified under section 401 of the Internal Revenue code (The Code), It is intended that this document constitute a Qualified Domestic Relations Order (QDRO) under Section 414(p) of the Code and Section 206 (d)(3) of ERISA. 3, Member's date of birth is September 3. 1939 and his Social Security number is 430-68-6199. 4, The PlaintifTis Connie F, Miller (hereinal1er referred to as "Alternate Payee") is the former spouse of Member, Alternate Payee's date of birth is May 16, ]948 and her Social Security number is 225-62-1103. 5, Member's last known mailing address is: 7039 Parton Road Youngstown. Ohio 44512 ~ r:-'J <r i..--: ,...~. C\. IJ.J.( , cj.; ;-.. C'-I. '-f:! ."1". " I..... (,:)1: .~:: - ' . .. C. ~'.. ..'J- " -I I ,"oJ '-i;" . ~.. : ". ", ,-, ,I;;] I- .::,:- 1."- J;.t: <..; <l) -3: c> 0 6, Alternate Payee's current mailing address is: 5277 Ridgewood Avenue Lot #68 Allandale, Florida 32127 It is the responsibility of Alternate Payee to keep a current mailing address on file with the Plan at all times and to notity the Plan in writing of any changes in her mailing address subsequent to the entry of this order, 7, Further, any successor plan to the Plan or any other plan(s), to which liability for provision of Participant's benefits described below is incurred, shall also be subject to the terms of this Order, Also, any benefits accrued by Participant under a predecessor plan oflhe employer or any other defined benefit plan sponsored by Participant's employer. wl~ere liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator. Plan Sponsor, or name Oflhe Plan shall not affect Alternate Payee's rights as stipulated under this Order. 8, Pursuant to State Domestic Relations Law: this Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania, 9. For Provision of Marital Property rights: this Order relates to the provision of marital property rights to Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 10, Savings Clause: this Order is not intended and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of bene fils option not otherwise provided under the terms of the Plan, ,I In the event the Alternate Payee commences her benefits in the form ofa monthly annuity, if such form of payment is available. her benefits are 10 be based on the life expectancy of such Alternate Payee. Any actuarial adjustmenl which might be necessnry to convert Alternnte Payee's benefits to one based on the Alternatc Payee's Iifctimc should bc applicd 10 thc Alternate Payee's benefits. Further, should any carly commenccmcnl rcduction bc ncccssnry thc cvent that the Alternate Payee commences her annuity prior Participant's Normal Retirement Date, then such reduction shall be applied to Alternale Payce's benefits in accordance with applicable Plan provisions. 14, Alternate Payee's Rights and Privilcgcs: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to aClive participants und beneficiary including, but not limited to, the rules regarding the right to designate a beneficiary for dealh benefit purposes and the right to direct Plan investments, only to the exlent permilled under the provisions of the Plan. IS, Death of Alternate Payee: In the event of Alternate Payee's death prior to her receiving the full amount of benefits called for under the Order and under the benefit option chosen by Alternate Payee such Alternate Payee's beneficiary(ies). as designated on the appropriate form provided by the Plan Administrator, shall receive the remainder of any unpaid benefits under the terms of this Order, 16. Death of Participant: In the event thutthe Participant dies prior to the establishment of separate account(s) in the name of the Alternate Payee. such Alternate Payee shall be treated as Ihe surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called IlJr under Paragraph 12 of this Order. ! Should the Participant predecease the Alternate Payee aller the new account(s) has been established on her behalf, such Participant's death shall in no way aflect Alternate Payee's right to the portion of her benefits as stipulated herein. 17, Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(I) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such. will be required to pay the appropriate federal income taxes on such distribution, 18. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 19, Plan Termination: In the event of a Plan termination. the Alternate Payee shall be entitled to receive her portion of Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. cc: Carol J. Lindsay, Esquire for Plaimill' Ruby D. Weeks, Esquire for Defendant 4~ By the Court: J. _ t~.., ~'~<L S/'I/9 f' . (/ >J.-f! t ;~ II. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by Alternate Payee and Participant to the Plan Administrator of such information as the Participant currently maintains his accounts at the time her accounts are established. 12. Amount of Alternate Payee's Benefit: this Order assigns to Alternate Payee $41,896.50 of Participant's Total Account Balance accumulated under the Plan as of December 31, 1996 (or the closest valuation date thereto). The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in Account(s) established on her behalf and shall additionally be credited with any expenses interest and investment income or losses attributable thereon from December 31, 1996 until the date of total distribution to the Alternate Payee. Her accounts shall be initially established in the same ratio (i.e., fund mix percentage) as the Participant currently maintains his accounts at the time her accounts are established. 13. Commencement Date and Form of Payment to Alternate Payee If the Alternate Payee so elects, she shall be paid her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan, ifJater. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payee's under the terms of the Plan, including but not limited to, a single lump-sum cash payment. In the event the Alternate Payee commences her benefits in the form of a monthly annuity, if such form of payment is available, her benefits are to be based on the life expectancy of such . . Alternate Payee. Any actuarial adjustment which might be necessary to convert Alternate Payee's benefits to one based on the Alternate Payee's lifetime should bc applicd to the Alternate Payee's benefits. Further, should any early commenccmcnl reduction be necessary the event that the Alternate Payee commences her annuity prior Participant's Normal Retiremcnt Date, then such reduction shall be applied to Alternate Paycc's benefits in accordance with applicable Plan provisions. 14. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan the Alternate Payee shall be entitled to all of the rights and election privileges that arc atTorded to active participants and beneficiary including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. IS. Death of Alternate Payee: In the cvent of Alternate Payee's death prior to her receiving the full amount of benefits called for undcr the Order and under the benefit option chosen by Alternate Payee such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator, shall receive the remainder of any unpaid benefits under the terms of this Order. 16. Death of Participant: In the event that the Participant dies prior to the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 12 of this Order. Should the Participant predecease the Alternate Payee after the new account(s) has been t established on her behalf, such Participant's dcath shall in no way allcct Altcrnatc Payce's right to . i ! the portion of her benefits as stipulatcd herein. 17. Tax Treatment of Distributions Madc Undcr This Order: For purposes of Sections 402(a)(I) and 72 of the Internal Revenuc Code, any Altcrnate Payec who is the spou.e or former spouse of the Participant shall bc trcated a. thc dimibutee of any distribution or payments made to the Alternate Payee under thc tcrms of this Ordcr, and as such, will bc rcquired to pay the appropriate federal income taxes on such distribution. 18. Continued Jurisdiction: The Court shall rctain jurisdiction with rcspeclto this Order to the extent rcquired to maintain its qualified status and the original intent of the parties as stipulated herein. 19. Plan Termination: In the evcnt ora Plan termination. the Altcrnate Payee shall be entitled to receive her portion of Participant's benefits as stipulatcd hercin in accordance with the Plan's termination provisions for participants and beneficiarics. cc: Carol 1. Lindsay, Esquire for Plaintin' _ Ruby D. Weeks, Esquire for Defendant 1. ~ J 2.JII;qg. .&. 'P. CONNIE F.MILLER, IN TilE COURT OF COMMON PLEAS OF CUMUF.IILAND COUNTY, PENNSVLV ANIA PlulnlllT \'. CIVIL ACTION- LAW IN DIVORCE ROBERT E. MILLER, SR., Dcrcndlllll NO. 97-313 CIVIL TEIlM CONSENT TO OUALlFIED DOMESTIC RELATIONS ORDER We consent to the Qualificd Domestic Relations Order attached regarding the Central Pennsylvania Teamster's Retirement Income Plan. ~~~ 7039 Parton Road Youngstown, Ohio 44512 Social Security Number 430-68-6199 (!~;I ~~V Connie F. Miller (Altern'ate Payee) 5277 RidllC...ood A\'eRlIe 3 11 I I.'t 1169 <foe f Allandale. Flnritl. 1'1 :17 Social Security Number 225-62-1103 A lot. ../.", "h N T reA : I C)f~4 Nqe...., F /01: ,CJA- 3;)1/9-780(" ,......." "