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HomeMy WebLinkAbout02-5912TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 9~/,,~ CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 MAX J. SMITH, JR., [~squire JAR. AD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- gq/-& CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, TIMI J. SPACHT, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, TIMI J. SPACHT, is an adult individual and citizen of the United States of America, whose address is 460 Dividing Ridge Road, Halifax, Dauphin County, Penn- sylvania 17032. 2. The Defendant, WILLIAM TODD SPACHT, is an adult individual and citizen of the United States of America, whose address is 900 Alison Avenue, Mechanicsburg Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about June 27, 1987 in Tipton, Pennsylvania. 5. Plaintiff avers that there are three children of the parties under the age of 18, namely: Douglas M. Spacht, born January 6, 1988, Brian T. Spacht, bom July 29, 1989 and Samuel M. Spacht, bom February 21, 1993. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiffand Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section 3301 (c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, pursuant to Section 3301 (a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. 12. The parties have agreed that this action may be brought in the Court of Common Pleas of Dauphin County, Pennsylvania (see Venue Stipulation attached hereto). WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 13. Paragraphs one (1) through twelve (12) are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 15. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property". 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. _COUNT III - ALIMONY 17. Paragraphs one (1) through sixteen (16) are incorporated herein by reference as though set forth in full. 18. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 19. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final heating and permanently thereafter. _COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSE~; 20. Paragraphs one (1) through nineteen (19) are incorporated herein by reference as though set forth in full. 21. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Dated: December 11, 2002 MAX J. SMITH, J~., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5912 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Counts II, III and 1V of the Complaint in Divorce which had been filed on behalf of the Plaintiff, Timi J. Spacht, on December 12, 2002, in the above matter. Date: August 27, 2003 MAX J. SMITH, JR.,tEsquire I.D. No. 32114 James, Smith, Diellerick & Connelly LLP P.O. Box 650 Hershey, PA 1702,3 (717) 533-3280 TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5912 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: TIMI J. SPACffT ~ - - ~ TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5912 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. TIMI J. SPACItq? TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant :IN THE COURT OF COMMON PLEAS :cmm~a~ql~OUNTY, PENNSYLVANIA : : NO. 2002-5912 : _. : CML ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. DATED: WILLIAM TODD SPACHT DEFENDANT TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant :IN THE COURT OF COMMON PLEAS :'~I~,LAt~UOUNTY, PENNSYLVANIA ; : NO. 2002-5912 ; : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATED: WILLIAM TODD SPACHT DEFENDANT TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5912 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 13th day of December, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by deporting a certified copy of the same in the United States mail, postage prepaid, certified mail #7002 0510 0003 3930 9989 at Hershey, Pennsylvania, addressed to: William Todd Spacht P.O. Box 854 Mechanicsburg, PA 17055 Mailing and return receipt cards attached hereto. I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly [LP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 3,5o · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~y is desired. · Print your name and eddress on the reveres so that we can return the card to you, · Attach this card to the back of the mailpiena, or on the front if space permits, A. S~.nature B. Received by (P~nted Name) C. Date of Delivery D. Is~~l? ~Y~ 1. Article Addressed to: If YES, ente~ delivery address below: [] No ! [] Reg~e~l [] Return Receipt for Merchandise t,~Q~" ~ [] C.OmD.  '~'rlcbad Deliver/? E~tra Fee) ~ Yes 2. Article Number -- (r~sfe,'~m~a~) 7002 0510 0003 3930 99~9 PS Form 3899, August 2001 Domestic Return Receipt TIMI J. SPACHT, Plaintiff VS. WILLIAM TODD SPACHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5912 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Bv certified mail on December 18~ 2002. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff August 27, 2003 ; by Defendant August 14, 2003 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the ; (2) date of service of the Plaintiff's affidavit upon the Divorce Code: Defendant: 4. Related claims pending: None ( ) Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~-'~4~ day of /~l/~*JV ., 2003, by and between TIMI J. SPACHT (hereinafter called "Wife") and WILLIAM TODD SPACHT (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on June 27, 1987; and WHEREAS, Them have been three (3) children bom of this marriage, to wit: DOUGLAS M. SPACHT, born January 6, 1988, BRIAN T. SPACHT, born July 29, 1989 and SAMUEL M. SPACHT, born February 21, 1993; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by mason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinaiter set forth, each intending to be legally bound hereby, the parties agree as follows: 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 as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBTS. Husband shall be solely responsible for payment and satisfaction of the following jointly incurred liabilities, to the extent of the respective approximate balances listed: First Union credit card, account no. 4800 1372 7705 3488 - $2,500 Citibank credit card, account no. 5424 1808 9480 3086 - $4,800 Discover card, account no. 6011 2987 9828 2103 - $1,200 Capitol One credit card, account no. 4388 6418 8713 8964 - $1,000 2 Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 6. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distributior~ and division of marital and separate property are fair, equitable and satisfactory to them based onthe length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce: Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other artic, les of personal property which have heretofore been used by them in common. Husband specifically shall retain the accounts at Fulton Bank and Mid-Penn Bank. Both parties acknowledge that the First Union account has been closed. The parties are the owners of a 2001 Alumacraft boat, which is in Husband's possession, and which shall remain his sole property. Husband further shall be solely responsible for the loan thereon and all other expenses regarding the boat and shall indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 1986 GMAC Safari currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Husband agrees to be solely responsible for payment of the loan to Fulton Bank, account no. 1057-2181080916, until same has been satisfied in full, the approximate balance of which is $3,400. Wife agrees to be solely responsible for payment of all other expenses affecting such vehicle and shall maintain liability insurance on the vehicle in an amount sufficient to comply with state law. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband of the loan obligation regarding said van. Husband shall be entitled to exclusive ownership of the 1998 Toyota Tacoma currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 8. PENSIONS AND EMPLOYMENT BENEFITS. Husband is the owner of a certain 401 (k) plan (First Health Group Corp. Retirement Savings Plan) and stock options, both of which have been acquired as a result of Husband's employment with First Health Services, Inc. In satisfaction of Wife's interest in the equitable distribution of marital assets, Husband shall transfer to Wife 60% of the balance of his 401 (k) as of May 27, 2003, (approximately $22,000), together with accrued growth to the date of distribution. Said amount shall be transferred pursuant to a Qualified Domestic Relations Order (QDRO), to be prepared by counsel for Wife and approved by the retirement plan administrator for Husband's employer as soon as practicable after the issuance of the decree in divorce. Wife shall relinquish any interest she may have in Husband's stock options with First Health Services, Inc. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 9. CUSTODY. Wife shall have primary physical custody of the minor children, Douglas M. Spacht, Brian T. Spacht and Samuel M. Spacht. The parties shall share legal custody of the children as that term is defined by statute. Husband shall have partial custody at such times as the parties hereafter mutually agree and arrange. 4 10. CHILD SUPPORT. Husband shall pay child support pursuant to the Order of Support which is entered to PACSES No. 131105085, Court of Common Pleas of Dauphin County, or as such Order may be modified hereafter. 11. COLLEGE EDUCATION EXPENSES. Husband shall contribute the minimum sum of $1,000.00 per year ($500.00 each semester) for each of r~he children to attend up to four years of post-high school education, either at a college or trade school, the exact details of payment to be arranged by the parties at such time as the children actually attend college or trade school. 12. ALIMONY. Husband shall pay to Wife the sum of $729.00 per month as alimony, commencing the first day of the first month following the entry of a Decree in Divorce, and continuing on or before the first day of each month thereafter until June 1, 2004. Thereafter, alimony shall be payable in the sum of $925.00 per month and will continue until the youngest child reaches his 19th birthday, (i.e., February 21, 2012), at which time alimony shall end. Husband's obligation for alimony shall terminate in the event of Husband's or Wife's death or Wife's remarriage. Alimony shall otherwise not be subject to modification by either arty under any circumstances, including cohabitation by Wife. For income tax purposes, alimony specifically shall be a deductible expense for Husband and includable as income for Wife. The parties acknowledge that the alimony provision set forth herein may be payable and enforced through the Domestic Relations Office of Dauphin County or any other court having appropriate jurisdiction upon request of either party. 13. COUNSEL FEES. Husband agrees to be responsible for payment of Wife's attorney fees in the amount of $2,500.00 in connection with this Agreement and the pending divorce action between the parties, payable contemporaneously with execution of this Agreement. 14. HEALTH INSURANCE. Husband shall maintain health insurance coverage on behalf of the minor children, on such terms as directed by the Domestic Relations Office of Dauphin County. Responsibility for ail uninsured health care expenses for the children, including medical, dental, medical, optical and orthodontic costs, shall further be governed by the Domestic Relations Office. Husband agrees to maintain heaith insurance coverage on behalf of Wife until such time as a finai decree in divorce has been issued. Post-divorce, Husband shall cooperate with Wife's efforts to obtain heaith insurance under the COBRA law. 15. LIFE iNSURANCE. Husband will maintain the children as beneficiaries on ail life insurance provided by his present employer or any subsequent employer. Until the youngest child attains age 18, each of the children will be designated to receive 27% of the life insurance proceeds, and the remaining 19% shall be left to the beneficiary of Husband's discretion. Upon the youngest child attaining age 18, Husband will continue to designate each of the children to receive 25% of any employer-provided life insurance and these designations will continue until the youngest child attains age 23. Proof of beneficiary designation and payment of premiums shall be furnished annually by Husband to Wife upon request. 16. FiNANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or arty portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 17. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 18. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce: Decree to facilitate entry of a divorce decree pursuant to Section 3301 (c) of the Divorce Code contemporaneously with execution of this Agreement. 19. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 20. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Wife, and Diane Somers Baker, Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 22. WAIVER OF CLAIMS AGAINST ESTATE. 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 now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, 7 execute, acknowledge and deliver any and ail instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of ail such interest, rights and claims. 23. iNCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive., a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 24. 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. 25. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shail be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed tis a waiver or any subsequent default of the same or similar nature. 26. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. TIMI J. SPACI~T z WILLIAM TODD SPAC'I~I~ - IN THe COURT OF COMMON PLEAS STATE OF OF CUMBERLANDCOUNTY PENNA. TIMI J. SPACHT, Plaintiff Versus WILLIAM TODD SPACHT, Defendant NO. 2002-5912 civil Term AND NOW, DECREED THAT AND DECREE IN DIVORCE TIMI J. SPACHT WILLIAM TODD SPACHT 2003 , IT IS ORDERED AND , PLA] NTI FF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH~S ACTION FOR WHICH a F~NAL ORDER HAS NOT Yet been entered; ~~ Marital Settlement Agreement dated 27 Au,~ust, 2003, is hereby incorporated into the Final Divorce Decree. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE THE MARRIAGE OF TIMI J. SPACHT Petitioner, and WILLIAM TODD SPACHT Respondent. ) ) ) ) ) ) ) ) ) NO. 2002-5912 QUALIFIED DOMESTIC RELATIONS ORDER This cause coming before this Court for entry of a Qualified Domestic Relations Order (the "QDRO") pursuant to the Retirement Equity Act of 1984, the parties being in agreement through their respective counsel and the Court being fully advised in the premises. IT IS HEREBY FOUND AS FOLLOWS: A. This Court entered a Decree in Divorce (the "Order") on September 4, 2003, which approves the parties' Marital Settlement Agreement (the "Agreement") dated August 27, 2003, resolving between the parties the issues of property distribution and maintenance pursuant to the provisions of Pa. S.C.A. 3301. This Agreement further allocates to TIMI J. SPACHT benefits of her former spouse, and incorporates by reference the findings and orders set forth herein. B. The plan and trust to which this QDRO relates are: First Health Group Corp. Retirement Savings Plan and the First Health Group Corp. Retirement SmTings Trust which are herein referred to as the "Plan". C. The person entitled to benefits as a participant under the Plan, which benefits are subject to this QDRO, is referred to as the "Participant". The name, address, Social Security number and date of birth of the Participant are: Name: William Todd Spacht Address: 900 Allison Avenue, Mechanicsburg, PA 17055 Social Security No. 209-48-8058 Date of Birth: August 18, 1964 D. The person who is recognized as having a right as result of the Order and this QDRO m receive all, or a portion of, the benefits under the Plan with respect m the Participant is referred to as the "Alternate Payee". The name, address, Social Security number and date of birth of the Alternate Payee are: Name: Timi J. Spacht Address: 460 Dividing Ridge Road, Halifax, PA 17032 Social Security No. 208-56-2132 Date of Birth: October 29, 1966 E. This QDRO does not require the Plan to provide benefits to the Alternate Payee which the Plan is presently required to pay to any other alternate payee under any other order determined to be a qualified domestic relations order. F. This QDRO is intended by the parties to constitute a Qualified Domestic Relations Order within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206(d) of the Employee Retirement Income Security Act of 1,974, as amended. IT IS HEREBY ORDERED AS FOLLOWS: 1. The Alternate Payee is hereby assigned the right to receive from the vested Account of the Participant under the Plan an amount determined as follows: (a) 60% of the Participant's vested Plan Account, valued as of May 27, 2003 and deducted pro rata from each subaccoum and all investment funds of the Participant under the Plan. (b) The Alternate Payee shall, be entitled to Alternate Payee's pro rata share of earnings or losses on the amount determined under paragraph (a) from the valuation date specified above to the Plan valuation date immediately preceding the date of distribution. 2. The Plan Administrator shall commence payment of the sum required by Section 1 hereofm the Alternate Payee in a single lump sum as soon as is administratively feasible after receipt by the Plan Administrator of a court certified copy of this QDRO. In the event of the Alternate Payee's death prior m receipt of all of the benefits payable pursuant to this QDRO, any remaining payments shall be distributed to the beneficiary of the Alternate Payee designated in writing to the Plan Administrator. If no such designation has been filed or the designated beneficiary has predeceased the Alternate Payee, such payments shall be distributed to the Alternate Payee's estate. 3. The assignment of benefits to the Alternate Payee pursuant to this QDRO shall not be reduced, abated or terminated as a result of the Participant's death. Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to the Participants benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 4. Nothing in this QDRO requires the Plan to provide either the Participant or the Alternate Payee with: (a) any type or form of benefit not otherwise provided under this Plan; or (b) any increase in benefits to which the Participant is not otherwise entitled. 5. This QDRO applies solely to the First Health Group, Corp. Retirement Savings Plan and the First Health Group Corp. Retirement Savings Trust. 6. The Court retains the jurisdiction to amend this QDRO for the purpose of establishing or mainta/ning this order as a Qualified Domestic Relations Order and/or to effectuate the parties' intentions. 7. The Alternate Payee shall promptly serve a copy of this QDRO upon the Plan Administrator or its duly authorized representative. SO STIPULATED: Altemat6'Fay6e Alternate l~ayee's~/: Counsel Date ipant Date Co~msel JUDGE ~' ~'~ ~ ~