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IN
THE COURT OF COMMON
PLEAS
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PENNA.
STATE OF
Renee Conrad
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97-679
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Plaintiff
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Robert L. Conrad
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Defendant
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DECREE IN 'IiJ
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AND NOW, .
. . " plaintiff,
, defendant,
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decreed that
and
Robert L,Conrad
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are divorced from the bonds of matrimony,
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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; It is further Ordered that the provisions of the Marriage
Settlement Agreement dated July 29, 1997 between Plaintiff and Defendant and
filed in this action arc incorpOrated herein and. l1\,dC! apart:. hereof. by. reference
thereto, but shall not merge herein. A copy of said Agreement is attached
hereto'IlS Exhibit "A"
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IT IS ORDBRED, ADJUDGED AND DBCREED as follows:
1, A portion of the aforementioned Retirement Plan is
marital property subject to distribution by this Court.
2. The sum of $7,000,00 from the accounts, plus actual
interest earned on this sum from (date of divorce) to the
date that the retirement benefit is in pay status, is awarded to
the Alternate Payee, Renee Conrad, and is to be segregated to an
account in her name. The Participant, Robert L. Conrad, Jr. is
awarded the remainder, plus interest earned on the remainder,
3, The term of said payments is for the life of the
Alternate Payee, a number of years certain, or a lump sum payment,
the term to be as selected by the Alternate payee from any payment
option available to her from the Retirement Plan at the time the
retirement benefit is in pay status. Payments are to commence at
the retirement date chosen by the Alternate Payee but in no event
earlier than the earliest retirement date provided under the Plan,
or in the case of this defined contribution plan. a date which is
not more than ten years before the normal retirement age under the
Plan.
4. In the event a Plan provides the option to the
participant to elect to obtain benefits at the earliest retirement
age, the benefits shall be payable to the Alternate Payee on or
after the date on which the Participant attains ( or would have
attained) the earliest retirement age, as if the participant had
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retired on that date even if the Participant has not actually
retired or separated from service.
5. The plan to which this Order applies is the retirement
and annuity plan or any successor plan,
6, The Alternate Payee, Plaintiff, shall have the same
rights with regard to her portion of the account as are available
to the Participant, Defendant, with regard to his remaining portion
of the account, These rights include but are not limited to the
right to designate beneficiary of retirement benefits, the right to
elect from then existing retirement dates and payment options, and
the right to such increases in value in the account as might occur
as a result of general upgrading of the plan, plan amendments,
earned interest, profitability of plan investments, etc. but not
from increases in value which result from future increases in the
Participant's compensation or his future contributions to the plan.
In no event shall the Alternate Payee have greater rights than
those which are available to the Participant. The Alternate Payee
is not entitled to any benefit not otherwise provided under the
plan.
7, In the event that actuarial computation is necessary to
determine "actuarial equivalents" and/or the difference between
benefits actually accrued, non-subsidized benefits, or employer
subsidized benefits, for the purpose of the earliest retirement age
option by the Alternate Payee, or otherwise, the Plan Administrator
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shall obtain the services of any actuary who is enrolled under
subtitle C of title III of the Employment Retirement Security Act
of 1974,
8, Any reasonable costs incurred by the Plan Administrator
to effectuate the terms and provisions of this Qualified Domestic
Relations Order shall be assessed against the parties such that the
Alternate Payee pays 1/2 or 50% of the costs and the Participant
pays the balance of the costs,
9, The Alternate Payee shall have the right to rollover the
benefits distributed to her pursuant to the terms and provisions of
this Order to an eligible retirement plan such as an Individual
Retirement Account or to an Individual Retirement Annuity. This
transfer will be considered a tax free rollover of the benefits
distributed provided that the balance to the credit of the
Alternate Payee is distributed or paid within one year of receipt,
10. The parties shall promptly notify the Retirement Plan
administrator of any change in their addresses from those set forth
above in this Order.
11, The parties shall promptly submit this Order to the
Retirement Plan Administrator for determination of its status as a
Qualified Domestic Relations Order.
were single and unmarried,
Neither shall bother the other or
compel or endeavor to compel the other to cohabit or dwell with him
or her.
3 . MUTUAL RRLRASR
Subject to the provisions of this Agreement, each party has
released and discharged. and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors,
administrators, and assigns, release and discharge the other of and
from all causes of action, claims, rights, or demands whatsoever,
in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for
divorce,
4 . FULL DISCLOSURE
The provisions of this Agreement and their legal effect are
fully understood by each party to this Agreement, and each party
acknowledges that the Agreement is fair and equitable, that it is
being entered into voluntarily, and that it is not the result of
any duress or undue influence, Husband and Wife each represent and
warrant to the other that he or she has made a full complete
disclosure to the other of all assets of any nature whatsoever and
of all other facts relating to the subject matter of this
Agreement. Both parties represent that the terms of this Agreement
have been fully
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explained to them by their respective counselor that both parties
have had the opportunity to have legal counsel review and fully
explain the terms of this Agreement. Wife is represented by
Michael J, Pykosh, Esquire of the Law Offices of Darrell C,
Dethlefs. Husband is unrepresented in this matter, but has had the
option and opportunity to have this document reviewed by an
attorney, Husband acknowledges that Wife's attorney has not
advised Husband on this matter or any other matter.
5. EOUITABLE DIVISION
By this Agreement, the parties have intended to effect an
equitable division of their marital property, This division is not
intended by the parties to constitute in any way a sale or exchange
of assets.
6 . SUBSEOUENT DIVORCE
A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically
understood and agreed by and between the parties hereto and each of
the said parties does hereby warrant and represent to the other
that the execution and delivery of this Agreement is not predicated
upon nor made subject to any agreement for institution,
prosecution, defense, or for the non-prosecution or non-defense of
any action for divorce; provided, however, that nothing contained
in this Agreement shall prevent or preclude either of the parties
hereto from commencing, instituting or prosecuting any action or
3
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actions for divorce, upon just, legal and proper grounds; nor to
prevent either party from defending any such action which has been,
mayor shall be instituted by the other party, or from making any
just or proper defense thereto, It is warranted, covenanted and
represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant and
representation is made for the specific purpose of inducing Husband
and Wife to execute the Agreement. Husband and Wife each knowingly
and understandingly hereby waives any and all possible claims that
this Agreement is, for any reason, illegal of for any reason
whatsoever, unenforceable in whole or in part, Husband and Wife
each do hereby warrant, covenant and agree that, in any possible
event, he and she are and shall forever be stopped from asserting
any illegality or unenforceability as to all or any part of this
Agreement.
B. ENTRY AS PART OF DECREE - It is the intention of the
parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order,
judgment or decree of divorce, temporary, final or permanent, shall
affect or modify the financial terms of this Agreement. This
Agreement shall be incorporated in but shall not merge into any
such judgment or decree of final divorce, but shall be incorporated
for the purpose of enforcement only.
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8. DIVISION OF MOTOR VEHICLBS
with respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
Both parties shall retain the motor vehicle presently in their
possession, more specifically husband shall retain the 1984 Ford.
wife shall retain the 1986 Chevrolet,
The titleS to the said motor vehicles shall be executed by the
parties, if appropriate, for effectuating transfer as herein
provided, on the date of execution of this Agreement or at any time
thereafter at the request of either party.
9. lHUl.T. BSTATE
The parties agree that the marital residence has been sold and
all sale proceeds and obligations associated with the sale of the
residence have been divided to the parties' mutual satisfaction.
10. llFTBR-ACOUIRlID PBRSONAL PROPRRTY
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
personal property, tangible or intangible, acquired by him or her
after November 20. 1996, 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. DISPOSITION OF PROPBRTY
From and after the date of the signing of this Agreement, both
parties shall have complete freedom of disposition as to his/her
separate property and any property which is in their possession or
control pursuant to this Agreement
and may mortgage, sell, grant.
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against the other for support, maintenance, alimony pendente lite
or alimony. Husband and Wife further, voluntarily and
intelligently, waive and relinquish any right to seek from the
other any payment for spousal support, maintenance, alimony
pendente lite or alimony,
15. PENSION PROGRAM
Husband and Wife are the owners of certain pension plans
and/or retirement plans and/or employee stock or savings plans,
which they have accumulated during the course of their employment.
It is hereby specifically agreed that Husband shall transfer the
sum of Seven thousand ($7,000,00) Dollars to Wife in connection
with Husband's retirement account with EXEL Logistics. Wife shall
prepare a Qualified Domestic Relations Order (QDRO) to effect the
transfer of these funds, and said QDRO shall be entered along with
the entry of the Decree in Divorce. Wife's counsel shall file said
QDRO with the plan administrator of Husband I s retirement plan,
Husband and Wife each shall forever relinquish to the other his or
her right, title and interest in all other pension plans and/or
retirement plans and/or employee stock or savings plans, as well as
all other employment benefits, of the other, The parties agree to
execute any and all documentation necessary to effectuate the terms
herein contained.
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16. MISCBLLANEOUS
All assets including, but not limited to, savings accounts,
checking accounts, certificates of deposit and life insurance
policies shall be the sole and separate property of the title
holder of said asset.
The parties believe and agree, that the division of property
hereto made by this Agreement is a non-taxable division of property
between co-owners rather than a taxable sale or exchange of such
property,
Each party promises not to take any position with
respect to the adjusted basis of the property assigned to him or
her or with respect to any other issue which is inconsistent with
the position set forth in the preceding sentence on his or her
federal or state income tax returns.
17. GBNBRAL PROVISIONS
A.
WARRANTY AS TO EXISTING OBLIGATIONS
Each party
represents that they have not heretofore incurred or contracted for
any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in this Agreement, Each party agrees to indemnify or hold the
other party harmless from and against any and all such debts,
liabilities, or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligations arising out of this Agreement.
B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each
covenant, warrant, represent, and agree that each will now and at
9 Initials tii.. ~~
all times hereafter save harmless and keep the other after the
execution date of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement and that
neither of them shall hereafter incur any liability whatsoever for
which the estate of the other may be liable.
c.
SBVERABILITY
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 al other respects this Agreement shall be valid
and continue in full force, effect. and operation. Likewise, the
failure of any party to meet his or her obligations under anyone
or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way void or
alter the remaining obligations of the parties.
D. OTHER DOCUMENTATION - Wife and Husband covenant and agree
that they will
forthwith execute any and all written
assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement, and as their respective counsel
shall mutually agree should be so executed in order to carry out
fully and effectively the terms of this Agreement.
B. ENTIRE AGREEMENT - This Agreement contains the entire
understanding of the parties, and there are no representations,
warranties, covenants, or undertakings other than those expressly
set forth herein.
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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 obligations herein.
K. HEADINGS NOT PART OF AGRBBMENT - Any heading preceding
the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience or reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction, or effect.
L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may have or hereafter acquire, under the
present or future laws of Pennsylvania or another jurisdiction, to
share in the property or the estate of the other as a result of the
marital relationship, including, without limitation, dower,
curtesy, their statutory equivalents, widow's allowance, homestead
rights. right to take in intestacy, right to take against the will
of other, and right to act as administrator or executor of the
others estate. and each party will, at the request of the other,
execute, acknowledge, and deliver any and all instruments which may
be necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
M. A'I"l'ORNBY'S FEES FOR BNFORCBMENT - In the event that
either party breaches any provision of this Agreement, and the
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6. The Plaintiff and Defendant are not members of the Armed
Services of the United States or any of its allies.
7, plaintiff has been advised of the availability of
counseling and that she and Defendant may have the right to
request that the Court require the parties to participate in such
counseling,
8. The parties may enter into a written agreement with
regard to support, custody, visitation of children, alimony and
property division, In the event that such an agreement is
executed by the parties, the agreement may be incorporated by the
court into the Final Decree of Divorce,
COUNT I
Request for Divorce Due to Irretrievable Breakdown
Under 3301 (c) of the Divorce Code
9. The prior paragraphs of this Complaint are incorporated
herein by reference as though set forth in full,
10. The marriage of the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the date of
the filing of this Complaint. Plaintiff intends to file an
affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an affidavit,
12, Plaintiff has been advised of the availability of
counseling and that Plaintiff and Defendant have the right to
request the Court to require the parties to participate in such
counseling,
NHBRBFORB, if both parties file affidavits to a divorce
after ninety (90) days have elapsed from the filing af this
Complaint, Plaintiff respectfully requests the Court to enter a
Decree of Divorce, pursuant to 3301 (c) of the Divorce Code,
COUNT II
Request for Divorce Due to Irretrievable Breakdown
Under 3301 (d) of the Divorce Code
13, The prior paragraphs of this Complaint are incorporated
herein by reference as though set forth in full.
14. The marriage of the parties is irretrievably broken,
15. After a period of two (2) years has elapsed from the
date of separation, Plaintiff intends to file her affidavit of
having lived separate an apart,
16, Plaintiff has been advised of the availability of
counseling and that Plaintiff and Defendant have the right to
request the Court to require the parties to anticipate in such
counseling,
WHBRBFORB, if two (2) years have elapsed from th~ date of
separation and Plaintiff has filed her affidavit, Plaintiff
respectfully requests the Court to enter Decree of Divarce,
pursuant to 3301 (d) of the Divorce Code,
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": FEB 1 2 1997~
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IN THE COURT OF COMMON PLRAS
CUMBBRLAND COUNTY, PENNSYLVANIA
NO. 1'1- I. '11 CIVIL TERM
RENEB CONRAD,
Plaintiff
ROBBRT L. CONRAD JR.,
Defendant
DIVORCB
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCBED IN FORMA PAUPBRIS
1. I am the Plaintiff in the above matter and because of my
financial condition am unable to pay the fees and costs of
prosecuting, defending, or appealing the action or proceedings,
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation,
3, I represent that that information below relating to my
ability to pay the fees and costs is true and correct.
(a) Name:
Renee Conrad
Address:
308 North Enola Drive
Enola, PA 17025
Social Security Number: 245-33-5603
(b) If you are presently employed, state
Employer:
Address:
NIA
income. Mortgage alone is S51Q,QQ per month
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(g) Persons dependant upon you for support
(Wife) (Husband) Name:
Children, if any:
Name:
Ashley M. Conrad
Age:
5
4, I understand that I have a continuing obligation to
inform the court of improvement in my financial circumstances which
would permit me to pay the costs incurred herein.
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\. FEB 1 Z
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1991, .' ,;r,,;,
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RENEE CONRAD,
PlalnUff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Y.
ROBERT L. CONRAD, JR.,
Defendant
NO. 97-679
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint In Dlyorce lJ'lder Sectton 330 I (c) of the Dlyorce Code was flied
on May 6. 1996,
2, The marriage of PlatnWf and Defendant Is irretr1ey/lbly broken and ninety
(90) days have elapsed from the date of filing of the Complaint.
3, I consent to the entry of II final decree of divorce.
4, I understllnd that If II claim for al1mony. alimony pendente llte, marital
property. counsel fees. or expenses has not been fi led with the Court before the entry
of a ftnal decree In dlYorce. the right to claim any of them will be lost.
I yer1fy that the statements made in this AffldaYlt are true and correct.
understand that false statements hereIn are made subject to the penalties of 16
PaC,S.A. Section 4904 relatlng to unsworn falsification to author1ttes.
Date: \....,\ ',,;\ \ '\l
~
. ('\
6y'~' ,,,,, -.;.;,.....\ .." .,~
RENEE CONRAD. PLAINTIFF
t
RENEE CONRAD,
Plllintlff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIV IL ACTION - LAW
NO. <1;1 I E> 199E> Y"I- (//1
ACTION IN DIVORCE
.,
I
.
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Y.
ROBERT l. CONRAD, JR.,
Defendllnt
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(C) OF THE DIVORCE CODE
1, I consent to the entry of 0 flnlll decree of divorce without notice,
2, I understllnd thlltl mey lose rlg,ts concerning llllmony. dlY1s10n of
property. lllwyer's fees or expenses if I do not cl11lm them before 0 divorce Is
grllnted,
3, I understllnd thllt I will not be divorced unltl II divorce decree is entered
by the Courtllnd thotll copy of II decree will be sent to me lmmedilltely lifter it Is
filed with the Prothonotllry.
I verify thllt the stlltements mllde in this llff1dllvit ore true llnd correct
understllnd thllt flllse stlltements herein lire mllde subJect to the penllllies of 16 Po.
C,S.A. Section 4904 reI olt ng to unswom flllslflcolton to lluthorities.
Dllte:~';)'').\~\\
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r-rl',~,,,,...... ry~ ~'j'..:0--_~~
RENEE CONRAD, PLAINTIFF
~
r
RENEE CONRAD,
Plaintiff
IN THB COURT OF COMMON PLBAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
;
v.
ROBERT L. CONRAD,
Defendant
NO. 97-679
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on February 11, 1997,
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing of
the Complaint.
3. I consent to the entry of a final decree of divorce.
4, I understand that if a claim for alimony, alimony pendente
lite, marital property, counsel fees, or expenses has not been
filed with the Court before the entry of a final decree in divorce,
the right to claim any of them will be lost.
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.A. Section 4904 relating to
unsworn falsification to authorities.
Date: \ I \l \ :1,) ~ \<.\ I.
) \ \
By.: ,_.'/ " .-,
Robert L, Conrad, Defendant
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