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HomeMy WebLinkAbout97-01376 '" ~ \. \J ~ 1 , , MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT madc this I ~rt-day of VV\ "": 7 ' 1997, at Carlisle, Pennsylvania, between Timothy C. Hyer, hereinafter referred to as tJfe "Husband," and Kristinc K. Hycr, hercinafter referred to as the "Wife." ARTICLE I STATUS OF PARTIES Date of Marrlal!e 1.01. The parties were married on February 8, 1991, in Maryland, and cver since that time havc been, and are now, husband and wife. Children of Parties 1.02. The names and ages, as of the datc of this agreement, of the children of this marriagc are: Madison Hyer MacKcnzic Hyer 5 years of age 2 years of agc The parties have no other issue, living or deceased, and have no adopted children, Separatloll 1.03. Unhappy differences have arisen between the parties, and as a result they have lived separate and apart since March 12, 1997, Wife acknowledges that she intcnds to vacate the marital residence at 974 Myerstown Road, on or before June I, 1997, It shall be lawful for each party at all times hercafter to live separatc and apart from the other at such placc as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart, Lel1al Proceedlnll 1.04. A proceeding for thc divorce of the parties will be filed by the Wife pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Husband agrees to consent to the entry of a Decree in Divorce and to sign all necessary waivers and affidavits requircd for said Decree, including the waiver of marriage counseling, This Section 1.04 shall be an cxpress condition of this Agreement and any breach of this Section 1.04 shall vest the nonbreaching party with all of the rights and remedies hereinafter described at Section 5.08(B), and any othcr rights or remedies available, which shall be cumulative and separable and anyone or all of which may be enforced by the nonbreaching party. Other Proceedlnll 1.05. Nothing herein contained shall be deemed to prevent either of the parties from beginning or maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the panies shall be bound by all the tenns of this AUTHENTICATED BY Timothy C. Hyer: --r:'/I. AUTHENTICATED BY Kristine K, Hyer: !{-KiI- , \ Agreement, ARTICLE II PURPOSES OF AGREEMENT Final Settlement 2.0 I. The purposes of this Agreement are to effect a complete and final settlement, with reference to each other of: All of the respective property of the parties, The obligations of each party for the support of the children of their marriage. Any obligation for support or alimony owed to either spouse, The custody and visitation with the parties' minor children. ARTICLE III DIVISION OF PROPERTY Pronertv of Husband Alone 3,01. The property which shall hereafter be owned by the Husband alone shall consist of (a) The Subaru Legacy used by Husband as his vebicle, which automobile is titled in his name alone. (b) All accounts with financial institutions in his name alone or in his name with third parties (c) The tangible personal property listed on Exhibit "A", (d) The joint checking account of the parties at PNC Bank. Husband and Wife agree that Husband shall close out this account and transfer the balance to an existing account in his name alone or into a new account opened by him. (e) The marital residence of the parties currently in the name of Husband alone, located in Cumberland County, Pennsylvania and having a mailing address of 974 Myerstown Road, Gardners, Pennsylvania, The approximate equity of the parties hereto at the time of the execution of this agreement is $20,000,00. Wife agrees to execute and deliver a deed conveying her interest in the aforesaid real estate to Husband. <0 The remaining balance, after payment to Wife as set forth in paragraphs 3,02 and 3.06 below, in Husband's 401(K) plan with his employer. Propertv of Wife Alone 3,02. The property which shall hereafter be owned by the Wife alone shall consist of (a) The sum of $27,000,00 to be paid from Husband's 40lK Retirement Plan to Wife. Husband and Wife agree to execute contemporaneously with this Agreement a Stipulation to be AUTHENTICATED BY Timothy C, Hyer: T#. AUTHENTICATED BY Kristine K. Hyer: , J;f;'1J 2 presented to the Court of Common Pleas of Cumberland County requesting u Qualified Domestic Relations Order authorizing the Plan Administrator for Husband's 40 I K Plan to make payment of $27,000.00 to Wife. (b) All accounts with financial institutions in her name alone or in her name with third parties (c) The tangible personal propeny listed on Exhibit "A". (d) The Subaru Outback currently titled in the name of Husband and Wife which is used by Wife as her vehicle, Husband shall exccute and deliver to Wife an irrevocable Power of Allomey, at the request of Wife, for the Subaru Outback empowering Wife to sign, execute and deliver title to the same on behalf of Husband. Encumbrances. Liens and Loans 3.03, (n) Wife shall assume sole liability for: (I) All nonnal and regular bills of Wife. (2) Any loans in Wife's name alone. Wife agrees to indemnify and save harmless Husband from any claim or liability that Husband may suffer or may bc required to pay on account of any such above-mentioned encumbrances, liens or loans, (b) Husband shall assume sole liability for: (I) The existing mdttgage on the Real Property described in Section 3.01 which real estate is to be the sole property of Husband pursuant to this agreement. (2) Any loan for which the title to any motor vehicle of the parties is being held as security. Husband shall assume sole liability whether said vehicle is to be the sole and separate property of Husband or Wife. This paragraph shall include existing loan with Husband's credit union for the Subaru Outback which is to be the sole and separate property of Wife (3) All nonnal and regular household bills and taxes associated with the real property described in Section 3.0 I. (4) Any loans in Husband's name alone, Husband agrees to indemnify and save harmless Wife from any claim or liability that Wife may suffer or may be required to pay on account of any such above-mentioned encumbrances, liens or loans, Savin liS and Checklnll' Accounts 3.04. To the best of the knowledge of Husband and Wife, there are no accounts with financial institutions owned jointly by Husband and Wife. It is agreed that at the time of execution of this Agreement, any joint savings and checking accounts which are found to exist shall be evenly divided between the parties hereto. AUTHENTICATED BY Timothy C, Hyer: y .// 3 AUTHENTICATED BY Kristine K. Hyer: / j / I AA'I-/ Life Insurance 3.05. Husband shall retain as his sole and separate property the life insurance policy insuring his life which policy was acquired tbrough his employer. (a) Wife relinquishes any and all rights that she may have to the ownership of said policy. (b) In consideration therefor. and to protect the interests of the children, the parties agree as follows: i. Husband and Wife acknowledge that they have obtained tenn life insurance on the life of Husband with a minimum death benefit of $35,000.00. The insurance policy number is 63452891. ii. Husband and Wife each agree to pay $125.00 toward the premium for life insurance. 111. Husband and Wife shall not surrender the policy for its cash surrender value, assign or transfer the policy, or cancel the policy at any time before the parties youngest child attains the age of 25, as long as at least one of the beneficiaries is still living. iv. Should Husband fail to comply with this paragraph, thereby breaching this Agreement, then Wife, and/or any of the children to be designated as beneficiaries shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, including specific perfonnance of this Paragraph, and Husband shall be responsible for payment of legal fees and costs incurred in enforcing their rights under this Agreement. Other Documentation 3,06, Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, 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 tenns of this Agreement. Release of Other Property 3,07. Each party hereby waives any and all claims to any right, title and interest in and to the separate property or marital property of the other except as may be provided in this Agreement. Proper tv Insurance 3.08. The insurance and any proceeds thereof on the property being transferred hereunder is assigned to the party receiving that property, and the premiums on such insurance shall be paid by that party. AUTHENTICATED BY Timothy C. Hyer: -r#. AUTHENTICATED BY Kristine K. Hyer: 'f(K4 4 EQual Division of Prooertv 3,09, By this Agreement, the parties have intended to effect an equal division of their marital proJl:Crty. The partie~ have detennined that ~n equal division of such pr?Jl:C':lY confof!U~ to a just and nght standard, with due regard to the nghts of each party. The diVIsion of eXIsting marital property is not intended by the parties to constitute in any way a sale or exchange of a~sets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate, Credit Cards 3.10. Each party warrants to the other that he or she has no credit cards upon which the other is or could become obligated, Each party warrants to the other that he or she will not use any credit card upon which the other is or could be obligated, ARTICLE IV ALIMONY AND SUPPORT Waiver of AUmonv or Support 4.01. In consideration of the foregoing property distribution, and of this entire Agreement, Wife waives any and all rights to alimony or support from Husband which she may now have or which she may hereafter acquire, and the Husband waives any and all rights to alimony or support from Wife which he may now have or which he may hereafter acquire. ARTICLE V CUSTODY, SUPPORT AND VISITATION OF CHILDREN Custodv and Visitation 5,01. Subject to further order of any court of competent jurisdiction. Husband and Wife shall have shared legal custody of the children and Wife shall have primary physical custody and control of the minor children of the parties. The Husband shall have the right of reasonable periods of partial custody on alternating weekends from Friday at 7:00 p.m. to Sunday at 6:00 p.m. Husband shall also have such other periods of partial custody at times and places to be agreed on by the parties. Neither the Husband nor the Wife shall remove the children from the Commonwealth of Pennsylvania for a period of more than one week without the prior written consent of the other or the order of a court of competent jurisdiction. Support 5.02. Husband agrees to pay Wife the sum of $450,00 per month per child for the support of the parties' two minor children until such time as the children obtain the age of 18 years, or graduates from high school, or becomes self-supporting, However, if at the time the child graduates from high school and said child is qualified to attend college or a similar institution of higher learning, the Husband, if financially able, agrees to pay such support for higher education as a court of competent jurisdiction deems fit and proper under the circumstances at that time, AUTHENTICATED BY Timothy C. Hyer: " .;/. AUTHENTICATED BY Kristine K. Hyer: /1'/'11 )/i h- 5 Husband agrees that the level of support shall be adjusted annually, beginning one year from the date of entry of a final decree in divorce. Husband agrees to pay as additional child support 35% of any increase in Husband's level of compensation above the current gross pay of $2,632.54, bi-weekly. Any increase in support shall be credited one-half to each of the parties' two children, The parties agree that the maximum support payable by Husband shall be $600,00 per month per child. Medical Coveralle 5,03, Husband shall be responsible for providing extended medical insurance for both of the parties' minor children described in Section 1.02 of this Agreement until such time as the said children obtain the age of 18 years or graduate from high school, whichever occurs later, Medical expenses covered by said insurance shall be paid either directly by said insurance company or by the Husband directly to the doctor or other payee within 30 days of written notice of billing. Husband shall provide insurance cards and such other proof as Wife shall reasonably demand, to Wife. Provided, however, should Husband be unemployed without medical coverage and should Wife be employed and able to obtain medical coverage for the children with her employer, Husband shall be relieved of his obligation to provide medical insurance coverage during the period of his unemployment. Federal Tax Status 5.04. The Wife shall have the privilege of claiming MacKenzie Hyer and the Husband shall have the privilege of claiming Madison Hyer as a dependent for federal and state income tax purposes pursuant to Section 152(c) of the Internal Revenue Code of 1954, as amended, Residence of Children 5.05, The Wife shall not be restricted in her choice of residence within the Commonwealth of Pennsylvania. Wife shall be free to move and establish pennanent residence with the parties' children throughout the state, Future Chanl!es 5,06, Both parties agree and acknowledge that either party may at any time petition any court of competent jurisdiction to have either the custody, visitation or support arrangements herein arrived at changed. Should either party succeed in making any said change, the other party shall have the option of terminating all or a ponion of this Article V of this Agreement. AUTHENTICATED BY Timothy C, Hyer: --.J .;J . 6 AUTHENTICATED BY Kristine K. Hyer: fl( Jt AR'I'ICI.I~ VI (mNI~RA" PROVISIONS Allreement Imecllve Immcdlutely on F.xeeutlon parties. 6,01, This Agreement shull he effective humediutely upon the execution of it by both Relcuse of All Clulms 6,02. Euch purty herelo releuses the other from all claims, liabilities, debts, obligations, actions and cuuses of uctlon of every klulltllllt huve heen or will be incurred relating to or arising from the murriage between the purtles. However, neither party is relieved or discharged from any obligation under this Agreement or under uny instrument or document executed pursuant to this Agreement. The purtles ugree thutthis Agreement is in lieu of all claims and rights under the Pennsylvania Divorce Refonn Code, effective July I, 1980, and specifically the equitable property distribution provisions therein nnd ulso uny cluims and rights under the divorce or property distribution statutes or luw of uny other jurisdiction, Each party further agrees never to assert any cluim aguinst properties listed herein us the sole and separate property of the other party nor properties otherwise owned hy the other party Individually or with third persons, Holdlnll Other Purtv Free and Harmless 6,03, (Al The UIISbUDlI hereby represents and warrants to the Wife that he has not incurred (except us olherwlse specified In this Agreement), and hereby agrees that he will not hereufter incur, uny Ilublllty or obligution on which she is, or may be, liable. If any claim or action is initiated ullemptlng to hold the Wife Iiuble for lIny such liability or obligation, the Husband shall, at his sole expense, defend the Wife lIguinst any such claim or action, whether or not well- founded, anll he shull hold her free lInd hurmless therefrom, (B) The Wife represents und warrants to the Husband tbat she has not incurred (except us olherwlse specilied in this Agreement), lInd hereby agrees that she will not hereafter incur, Imy Iluhlllty or ohligution on which he is, or may be, liable, If any claim or action is inltiutellullemptlng to hold the Hushund liuble for any such liability or obligation. the Wife shall, at her sole expense, defend the Hllsbund against any such claim or action, whether or not well- founlled, unll she shull hold him free und hannless therefrom. . Waiver of Rlllhts to Other Party's Estate 6,()4, Ilusbund unll Wife each waive any and all right: (A) To inherit or elect under any current or subsequent statute or law any part of the est ute of the other at his or her death, (B) To receive property from the estate of the other by bequest or devise, except under u will or codicil dated subsequently to the effective date of this Agreement, (C) To uct as the personal representative of the estate of the other on intestacy (unless nominated by another party legally entitled to so act), AUTHENTICATED BY Timothy C, Hyer: ~:#, AUTHENTICATED BY Kristine K. Hyer: fKiJ 7 (0) To act as the p'ersonal representative under the will of the other, unless so nominated by a will or codicil dated subsequently to the effective date of this Agrecment. Full Disclosure 6,05. The Husband and the Wife each rcpresent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an intcrest, of the sources and amount of the incomc of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Freedom from Interference 6,06, Neithcr party shall harass, annoy or interfere with the other party in any way, Neithcr party shall interfere with the other's employmcnt or other business activities, or with the use, ownership or disposition of any property now owned or hereafter acquircd by the other, Tax Deficiencies and Tax Refunds 6.07. It is agreed that Husband and Wife shall share liability for and shall pay equally any and all deficiencies in income taxes (inciuding penalties and intcrest), if any, relating to the joint income of Husband and Wife for 1996 and earlier calendar years, It is also agreed that Husband shall and Wife shall share any refund of income taxes resulting from any overpayment of . tax with respecllo joint incomc from 1996 and earlier calendar years, provided, however, that Husband and wifc shall share any and all costs of prosecuting such refund claims. Income Taxes 6,08. Unless otherwise agrecd to by the partics in writing, each party shall file a separatc tax return, as if hc or she were an unmarried individual, for thc tax year 1997 and thereafter until such time as the parties may be divorced or thereafter as may be appropriate, Subsequent Divorce 6.09. (A) Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorcc against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar thc othcr from defending any such suit. In the event any such action is instituted or concluded, the parties shall be bound by all the tenns of this Agreement insofar as they relate to the equitable distribution of property, support, alimony, alimony pendente life, counsel fees, costs and expenses. (B) It is cxpressly agreed that as a condition for thc signing of this Agreement both partics agrec to consent to the entry of a final Decrce divorcing the parties and that refusal by one party to consent to said divorce shall, as in any othcr breach of this Agreement, vest the other party with thc option to void, all or a part of this Agrecment. Monetary damagcs, except for legal fces and costs shall not be available for breach of this Section 6,09. Representation of Parties bv Independent Counsel 6.10. Each party has been represcnted by an independent altomey, who was selected AUTHENTICATED BY Timothy C. Hyer: -..J . j./. AUTHENTICATED BY Kristine K. Hyer: J( f( IJ 8 Modification or Waiver 6.12. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same fonnality as this Agreement. The failure of either party to insist upon strict perfonnance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, Execution of Other Documents 6.13. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. Partial 'nvalldltv 6.1 4. If any provision of this Agreement is held to be void or unenforceable, all of the other provisions hereof shall nevertheless continue in full force and effect. Entire Al!reement Clause 6,15. This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obligations herein assumed, Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. Successors and Asslvns 6,16. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. Attornevs Fees 6.17. Husband and Wife agree that each shall be solely responsible for the full payment of his or her own attomeys' fees and other costs incurred, respectively, in connection with the within referenced separation, divorce, and settlement of marital interests, Applicable Law 6.1 8. This Agreement shall be construed and interpreted according to the statutes and laws of the Commonwealth of Pennsylvania. Section Headlnl1s 6.19. The section headings used in this Agreement are for convenience only and shall not be used in the construction of this Agreement nor in the determination of the various rights or duties of the parties hereto. AUTHENTICATED BY Timothy C. Hyer: ~.;,I. AUTHENTICATED BY Kristine K, Hyer: 10 1)./<'''/ , , , . , , . . IN WITNESS WHEREOF and in consideration of their mutual promises and covenants contained herein, the parties with intent to be legally bound hereby have set their hands and seals this day ofS/lj ,1997. EXECUTED on the day and year first above written, S-/3-97 ---.c G- " Timothy C. Hyer r-1bu /~, jqq7 ~'l 1>,(1,) Uli': Kristine K. Hyer f), .jl/?f / (/ COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the day of , 1997, before me, the undersigned officer, personally appeared Timothy C, Hyer known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the day of , 1997, before me, the undersigned officer, personally appeared Kristine K, Hyer known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) AUTHENTICATED BY Timothy C. Hyer: --V :fiI. AUTHENTICATED BY Kristine K. Hyer: f-(f, : /-1 , II >- \.:1 ">- ..,.. C'" 1-- , S N - UJ!-.; .~. - ('t.. :--:: _1:._ G:~? ~r t:.:... ":j C '::- ( , 0 .' :;;~ LUW~ >",- "'.' EC;!J -, 1 ~."'jiij F :-::-. ";'ju.. -, ~., "'-'. IL r- ::J 0 C" (J KRISTINE K. HYER, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW No. 97- /.3? I,. CIVIL TERM IN DIVORCE TIMOTItY C. HYER, Defendant ~ COUNT I . DIVORCE UNDER 3301(c) OF THE DIVORCE CODE AND NOW comes Kristine K, Hyer by and through Frey and Tiley, attorneys for Plaintiff, and makes the following statement: 1. Plaintiff is Kristine K. Hyer, wbo currently resides at 974 Myerstown Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant is Timothy C. Hyer. who currently resides at 974 Myerstown Road, Gardners, Cumberland County, Pennsylvania.. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) montbs immediately previous to tbe filing of this Complaint. 4. Plaintiff and Defendant were married on February 8, 1991 in Maryland. 5. There have been no prior actions of divorce or for annulment between the parties, 6. The marriage is irretrievably broken, 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, Divorcing Plaintiff and Defendant. COUNT II . DIVORCE UNDER 3301(d) OF THE DIVORCE CODE 8. The allegations in Paragraphs I through 7 are incorporated herein by reference and are made a part hereof, 9. Plaintiff and Defendant are now living separate and apart and, at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. ,COUNT III . EQUITABLE DISTRIBUTION 10, Paragraphs I through 9 of this Complaint arc incorporated herein by reference as though set forth in full, 11, Plaintiff and Defendant have acquired property, both rcal and personal during their marriage from February 8, 1991 until March 12, 1997, the date of separation. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property, WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all maritnl property. COUNT IV . ALIMONY 13, Paragraphs I through 12 of this Complaint are incorporated herein by reference as though set forth in full, 14. Plaintifflacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. Frey & Tiley, Atlomeys for Plaintiff \r-----..... ~ n By:l ~ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 o- j c: .' . u C h, ( , I : t..!.. U '. f:.. , I , C,; , , c L: , ''; ";j ~l... t ~.:. I r- I..' ~. j { ( ) \ . , . . Kristine K. Hyer, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No, 97-1376 CIVIL TERM IN DIVORCE Timothy C. Hyer, Defendant AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 18,1997 and served on Defendant on March 22, 1997. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees, or expenses if i do not claim them before a divorce is granted, 5. 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. 6. 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. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8, Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities, DATE: June 22, 1997 1.J " 'J / A'U.v,~/L0 '1<. Nt./tU J Kristine K. Hyer . .. . KrIstine K. Hyer, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 97- 1376 CIVIL TERM IN DIVORCE Timothy C. Hyer, Defendant AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 18,1997 and served on Defendant on March 22, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce without notice, 4. 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. 5. 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. 6. 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, 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S, ~4904 relating to unsworn falsification to authorities, DATE: June 22,1997 ~T-;;::~~:t C. J(,A- Timothy C. Hy 1>..' Kristine K. Hyer, Plaintiff ~AY 301997 : IN THE COURT OF COMMON PLEA~ : CUMBERLAND COUNTY, PENNSYLVANIA v, , : CIVIL ACTION - LAW Timothy C. Hyer, Defendant , , : NO, 97-1376 CIVIL TERM : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER fINED~IBUTION PLAN AND NOW, this; day oMmly, 1997, it appearing to the Court that: I. The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number; 2. Defendant, Timothy C. Hyer Social Security No.3 13-70-3640, hereinafter referred to as "Defendant" or "Participant," is employed by and is a participant in the Reynolds and Reynolds Company 40 I (k) Savings Plan, the plan identification number being 5991; 3. Plaintiff, KrIstine K. Hyer, Social Security No, 205-56-9961 hereinafter referred to as "Plaintiff' or "Altemate Payee," has raised claims of, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. Cons, Stat, ~ 101 et. seq.; 4. Defendant's current and last known mailing address is 974 Myerstown Road, Gardners, Cumberland County, Pennsylvania: 5. Plaintiffs current and last known mailing address is 974 Myerstown Road, Gardners, Cumberland County, Pennsylvania: 6, The balance of the aforementioned account at the end of the fiscal year for the Reynolds and Reynolds Company 401(k) Savings Plan on October 31, 1996 was $35,356.75. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. The sums in the aforementioned accounts are marital property subject to distribution by this Court. 2. The sum of $27,000.00, being a portion of the balance in the profit sharing plan is awarded to Plaintiff, and is to be distributed to her for the purpose of providing a fund for making distribution to her pursuant to the Agreement of the parties dated 3. Payment is to commence as soon as all required applications under the Plan are submitted to the Plan Administrator. Plaintiff and Defendant are to cooperate and jointly execute all documents necessary to withdraw the funds set forth in paragraph 2 above, 4. The plan to which this Order applies is the Reynolds and Reynolds Company 40 I (k) Savings Plan or any successor plan. S. Any reasonable costs incurred by the Plan Administrator to effectuate the tenns and provisions of this Qualified Domestic Relations Order shall be deducted from the proceeds payable. 6, The Altemate Payee shall have the right to roll over the benefits distributed to her pursuant to the tenns 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. 7, The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth above in this Order, 8. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order, IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments, The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. J, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Kristine K, Hyer, Plaintiff TImothy C. Hyer, Defendant , : NO, 97-1376 CIVIL TERM : IN DIVORCE MOTION AND STIPULATION FOR QUALIFIED DOMESTIC RELA TIONS ORDER AND NOW, come Kristine K. Hyer and Timothy C. Hyer, the parties in the above-captioned action, by and through their respective counsel, and jointly make the following motion: I, Plaintiff and Defendant are currently husband and wife and are all of the parties to the above-captioned action. 2. Defendant is a participant through his employer in the retirement plan known as the Reynolds and Reynolds Company 40l(k) Savings Plan by virtue of his employment with Reynolds, 3, Defendant's balance in the Reynolds and Reynolds Company 40l(k) Savings Plan at the close of its fiscal year on October 31, 1996, was $35,356.75, 3. By written agreement dated May I~ 1997, Plaintiff and Defendant reached a comprehensive property settlement agreement which, inter alia, included distribution of the Reynolds and Reynolds Company 40 1 (k) Savings Plan, 4. To effectuate the agreement between the parties, Plaintiff and Defendant desire that the attached Qualified Domestic Relations Order be entered directing the Reynolds plan administrator to disburse the sum of $27,000.00 to Plaintiff, 5. Plaintiff and Defendant join in this Motion and Stipulation to confinn that they have reached a comprehensive settlement agreement which agreement includes the requested relief. WHEREFORE, Plaintiff and Defendant respectfully request that your Honorable Court enter a Qualified Domestic Relations Order distributing the sum of $27,000.00 from the Reynolds and Reynolds Company 401(k) Savings Plan to Plaintiff. Respectfully Submitted, i~(J- ~ ~~ - Robert G. Frey Altomey for Defendant 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838