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HomeMy WebLinkAbout97-01977 J o ~ \l \! 3 It '-< ~ J ~ ~ \l ~ 4 ~ ~ c ... ~ - . . :l .~ CJ t-.. . ~I , . t--. ~ ~ I I , I I I \ \.", \ . . **~**~~'*~****'~'~"~**'~*)'~*.'~**~*~~"~ ", --------...------........... '-_......- -~-~..-,..........- ..- ,~~.~--, ,~ , .-.., -.-~ ---~..-..-~-- -...---.........,. . ~ M , , w ~.. s IN THE COURT OF COMMON PLEAS ,~ ~ s OF CUMBERLAND COUNTY "!t' €kr-8~ ,.~,\i.trjr..J '1 .....;~:;p..,:...r ....\. .......:~;-;;;{. ~ 0;> ~ ',' STATE OF PENNA. ~ '.' ~ ~ '.' PAULA R. LAWRENCE, ~ ;\ II, 97-1977 CIVIL TERM ~ ',' Plaintiff ~ ',' \'1'1':'11.-; ~ RANDY L. LAWRENCE, Defendant s ~ '.' " w ',' w ... DECREE IN DIVORCE ~ ',' ~l ~ ,; ~ ',' .J AND NOW, ' """" ",~r~':'., ,~,-z-,'" '. 19,'1.1.", it is ordered and decreed that" """" ,~J;'P~l\ '~'" ,~~I:IR"E;t-!q;;", " " """",.,., plaintiff, and. .. .. .. , , , , . , , , , .. , , , '" RIINOY, L,., ,LAWEENCE , , , , , . , , ... " defendant, are divorced from the bonds of matrimony. ~ ~ ... ~ ,,' ~ '.' " ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ,,' ~ ~ None w ',' .,.......... ...,.. ........ ................... ,', ~ II v T ly., .c ');L ^t~..~.<<:( [' t*4., /"";..d...,..~~ . '1, -/1 ~ '7 I </;/:'<;(..)1", r' ~~t';. ;..I (/ rothonolary ~ .' ~ ~ ~, " ~ ~ ~ 7- ~:-;--;:-;;-.-.-::-.-.-;; .,.: ;", '" ., ., ., ., .~~~~~~~.~.~~.~~.~~.~~,~. J, ~ .:+;. .:+:- .:+;. -:.;. .:+;. ':+> .:.,:. .:+;. .:+;. .:+:. -:t;. -:.:. .:.:- ,', ~ !I f. I $ ,~ ~ ~ '.. ,', ~ .. ~ ,;, ~ i r ~ '.' . , I I I I ~ ! ~ '.' ~ ... ~ ,,' ,', ~ ~ '.' *. '.' ~ ~~ ~ '.' ~ ~, ~ '.' ~ ," L' ~ ~ '.' ~ ~.' ~ ,,' ~ '.' ~ ~ ... ~ '.' ~ * ~ ~ ~ is ,* 'S , '~ , . I,', I:!. , , r &~.:J::><l) tl,,-( (~> /l1~..t-/ -~~ (;.d' c&..4~ 11 .:&l'I'/') -/I~' 'I -1/ {'-# , 11"',,<< /1i'....(i;,.I ,?} d ((;' /l,;l--"".t"~,,- I~;!o ,. tn- /11'77 SEPARATION AND DIVORCE SETTLEMENT AGREEMENT THIS AGREEMENT is made this !i/1}:1 day of ~ 1997, by and between RANDY L. LAWRENCE, hereinafte~ called "Husband", and PAULA It. 'lkwRENCE, hereinafter called "Wife". WIT N E SSE T H : WHEREAS, Husband and Wife were married on March 3, 1984; and WHEREAS, two children were born of this marriage: Grant L. Lawrence, born February 27, 1985, and Heather R. Lawrence, born September 11, 1987; and WHEREAS, differences have arisen between Husband and Wife as a consequence of which they have been living separate and apart from each other since January 1, 1996; and WHEREAS, Wife has commenced an action in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to No. 97-1977 ("Divorce Action"); and WHEREAS, Husband and Wife desire to settle and determine all of their respective rights and obligations; NOW, THEREFORE, in consideration of the premises and covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision 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 the interference, authority and control 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. Neither party shall molest or attempt or endeavor to molest the other, nor in any way to harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart, of the other. Each of the parties hereto understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. Division of Real Propertv. A. 234 Fox Drive , Mechanicsburq. The real property located at 234 Fox Drive, Mechanicsburg, Cumberland County, PA (referred to as "the Fox Drive Property") has been owned jointly by the parties and has been occupied by Wife and the children since the parties' separation. Husband has been paying all mortgage payments and other costs associated with the Fox Drive Property. Upon the entry of a Decree in Divorce in the Divorce Action incorporating the terms hereof, Wife shall transfer to Husband all of her right, title and interest in and to the Fox Drive Property, subject to all mortgages, liens and encumbrances now existing as to such real property and Husband shall indemnify and save Wife harmless of and from any and all costs, claims, actions or causes of action arising from or out of, directly or indirectly, Husband's failure to pay each indebtedness secured by a mortgage upon such 2 " of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from the interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions cf this Agreement. Neither party shall molest or attempt or endeavor to molest the other, nor in any way to harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart, of the other. Each of the parties hereto understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. Division of Real Property. A. 234 Fox Drive. Mechanicsburq. The real property located at 234 Fox Drive, Mechanicsburg, Cumberland County, PA (referred to as "the Fox Drive Property") has been owned jointly by the parties and has been occupied by Wife and the children since the parties' separation. Husband has been paying all mortgage payments and other costs associated with the Fox Drive Property. Upon the entry of a Decree in Divorce in the Divorce Action incorporating the terms hereof, Wife shall transfer to Husband all of her right, title and interest in and to the Fox Drive Property, subject to all mortgages, liens and encumbrances now existing as to such real property and Husband shall indemnify and save Wife harmless of and from any and all costs, claims, actions or causes of action arising from or out of, directly or indirectly, Husband's failure to pay each indebtedness secured by a mortgage Upon such 2 ~ property or to perform each and every obligation of the mortgagee under the terms of any mortgage affecting said property. Upon the closing on the purchase of the townhome as provided in subsection C hereof, possession of the Fox Drive Property shall be given to Husband. B. w~ST ~ 308 Maolewood Avenue. Mechanicsburq. Husband has, after separation, acquired a home at 308 Maplewood Avenue, Mechanicsburg, Cumberland County, PA (referred to as "the Maplewood Avenue Property") which the parties acknowledge to be Husband's sole and separate property. Nevertheless, Husband agrees that the Maplewood Avenue Property shall forthwith be listed for sale by a real estate broker of Husband's choosing and that all net proceeds of such sale, after payment of all mortgages and other liens and all real estate commissions and other ordinary and customary seller's costs of such sale, shall be applied to (1) the payment of the balance of a certain GM Mastercard Account No. 5407 8902 6107 8291 for which Husband and Wife have been jointly liable; (2) the payment, in full or in part, of that certain auto loan through Dauphin Deposit Bank & Trust Co. used to acquire and encumbering the title of a certain 1996 Chevrolet Cavalier and currently held in Husband's name; and (3) the remaining balance, if any, to be applied to the purchase of the townhome as provided in subsection C hereof. C. Townhome at 6203 Havrnarket Wav. Mechanicsburq. The parties have jointly entered into a contract to purchase the townhome property at 6203 Haymarket Way, Mechanicsburg (referred to as "the Townhome Property"). Upon the closing on the purchase of such Townhome Property, title to such property shall be held 3 jointly by Husband and Wife, with right of survivorship, but Wife and children shall take sole possession of such property. Husband and wife shall cooperate and execute all documents and take all actions reasonably required to obtain such mortgage loan or loans as may be required to complete the purchase of such property and Wife shall apply to the purchase of the Townhome Property the full balance available to Wife from the Husband's 401(k) account as to be distributed to Wife as provided in Section 6 hereof. Husband, however, shall be solely and exclusively responsible for the payment of all mortgage payments, and of all charges for taxes and insurance on the Townhome Property, so long as there is a joint mortgage obligation secured by title to the Townhome Property. Wife shall bear sole responsibility for costs of utility services and other maintenance costs with respect to the Townhome Property. On or before September 11, 2005, Husband shall payoff all mortgage debt and shall quitclaim and transfer all of his right, title and interest in and to the Townhome Property to Wife. Until such time, Wife agrees that Husband shall be permitted, to the fullest extent provided under the Internal Revenue Code and other applicable statutes, laws, regulations and the like, to claim all deductions for mortgage interest payments, real estate tax payments and any and all other tax deductions arising from or out of ownership of the Townhome Property. Upon transfer of Husband's interest in the Townhome Property to Wife, Wife shall thereafter be solely responsible for all taxes, insurance, maintenance and other costs of ownership of the Townhome Property. D, 675 Williams Grove Road , Mechanicsburq. The parties are joint owners of a certain real property located at 675 Williams t r. b I I I i I , 4 Grove Road, Mechanicsburg, Cumberland County, PA (referred to as "the Hop Property"). Wife shall, contemporaneously with the transfer of her interest in the Fox Drive Property to Husband, transfer to Husband all of Wife's right, title and interest in the Hop Property, subject to all mortgages, liens and encumbrances currently existing. Husband hereby agrees to indemnify Wife of and from any and all costs, claims, actions or causes of action arising from or out of, directly or indirectly, Husband's failure to pay each indebtedness secured by a mortgage upon such property or to perform each and every obligation of the mortgagee under the terms of any mortgage affecting said property. On or before September 11, 2005, Husband shall either (a) sell the Hop Property, (b) obtain Wife's release from any personal liability for the current mortgage loan with respect to such Hop Property, or (c) refinance or otherwise payoff all such mortgage loans for which Wife may be obligated for payment. E, City Properties. The real properties owned individually by Husband and located at 117 Baum Street and 541 South 19th Street, Harrisburg, PA (referred to as "the City Properties") shall be and remain the sole and separate properties of Husband, free and clear of any right, title, interest or claim of Wife. 4. Division of Personal Propertv. Except as herein otherwise provided, the parties' various bank accounts, investment accounts and the like which are currently held in the name of or for the benefit of the Husband or the Wife individually shall hereafter be and become the sole property of the respective party in whose name or for whose benefit said assets have been held. All 5 other personal property heretofore owned and used in common by the parties has been heretofore divided between the parties hereto to their mutual satisfaction and all such personal property shall be and become the individual property of the party having possession of same as of the date hereof, free and clear of any and all claims of the other party. Each party hereby waives any and all claims that he or she may have against the other for property hereby distributed to the other party. Should it become necessary at any time for either party to execute any titles or other documents to give effect to this Section 4, it shall be done immediately upon the request of the other party. 5. Vehicle. The 1996 Chevrolet Cavalier, heretofore titled in Husband's name alone but used by Wife, shall, upon payoff of the auto loan to Dauphin Deposit Bank & Trust Company as provided in Section 3 hereof, be and become the sole and exclusive property of wife. Husband and Wife agree to execute any and all titles and other documents reasonably required to accomplish such transfer. 6. Husband's 401(kl and Business Propertv. Husband and Wife acknowledge that Husband's employer, Lawrence Chevrolet Geo, has maintained for Husband's benefit a certain 401(k) account which has an approximate balance of $120,000.00 of which Husband has borrowed approximately $39,000,00, Husband and Wife shall cooperate and seek a Qualified Domestic Relations Order, under the terms of which the sum of $96,000,00 from such 401(k) account will be assigned and distributed to Wife. Wife acknowledges and agrees that she will immediately pay over and apply the full amount of all net sums distributed to her from the said 40l(kl account (less the amount 6 , , mandatorily withheld for taxes and any additional amounts to be set aside or withheld as provided in Section 10 hereof) to the purchase of the Townhome Property as hereinabove provided. Wife hereby quitclaims, transfers and releases to Husband any and all right, title, interest or claim, arising by virtue of the marital relationship of the parties or otherwise, in and to a Pennsylvania business corporation known as The Hop Drive In Cafe, Inc, or any shares of stock of such corporation held in Husband's name alone or with others. 7. Custodv and Visitation. Husband and Wife shall share legal custody of their children and shall, to the greatest extent practicable, share physical custody of the children on as nearly an equal time basis as possible. In the event of a disagreement of the parties as to custody or visitation issues, each parent retains the right to seek an Order from a court of competent jurisdiction regarding custody and visitation. S. Child SuPPort. So long as the children reside primarily in Wife's home, Husband shall pay to Wife the sum of $200.00 per week as support for the children. The parties acknowledge that either party remains free to seek review or modification of the provisions regarding child support by application to a court of competent jurisdiction, In any such proceedings, however, the parties agree that 50% of the total payments to be made by Husband for the mortgage indebtedness, taxes and insurance on the Townhome Property as herein provided shall be considered to be a payment of child support directly by Husband and shall, therefore, be a credit against any otherwise appropriate support amount to be ordered. I j , ", ' 7 9. Medical/Dental Insurance. Husband and Wife shall cooperate to provide Blue Cross/Blue Shield medical and dental coverages, or equivalent coverages I for the children as may be available through either party's employment. In the event neither Husband's nor Wife's employer makes such insurance coverages available for the children or does not make such coverage available without additional charge, Husband and Wife shall each share equally the costs of obtaining such coverages as may be available from employer-provided insurance coverages or through private medical/dental insurance policies. All non-covered medical or dental expenses for the children, including $100.00 per month payments for their orthodontic treatment, shall be paid by Husband. Additionally, Husband shall arrange for and pay all costs of continuing to provide such health insurance as is available for Wife through his employer's health plan until October 31, 1997. Thereafter, Wife shall be solely responsible for the costs of acquiring replacement coverage or for the payment of any premiums or costs to continue such health coverage as may be permitted under applicable law. 10. Tax on Property Division. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in 8 this Agreement, without recognition of gain on such transfers and subject to the carryover basis provisions of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement, Any other provision hereof to the contrary notwithstanding, however, Wife acknowledges that she will be solely responsible for any and all income and other taxes assessed on or arising out of the distribution of any sums assigned to her from Husband's 401(k) account as hereinabove provided. Wife agrees that she will set aside or arrange for the extra withholding of such amounts from any such distribution as may be reasonably projected by the parties' accounting firm to be required to pay, in conjunction with any amounts withheld at the time of distribution, the full tax liability related to such distribution. 11. 1996 Tax Returns. Husband and Wife agree to file a joint income tax return for the year ending December 31, 1996/ having previously been granted an extension to file such return or returns, Husband shall pay for the costs of preparation of such joint tax return or returns. In the event the filing of such return or returns results in a refund to the parties, such refund shall be the property of Husband and Wife shall endorse to Husband any refund check received. 12. Full Disclosure. Husband and Wife each represent and warrant to the other that he and she has made a full and complete disclosure to the other of all assets of any nature whatsoever in 9 which such party has an interest, of all liabilities, of the source and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. 13. Additional Instruments. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, car titles, assignments, consents, tax returns and any other documents and shall do or cause to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. 14. Wife's Debts. Wife acknowledges that she shall be and remain solely and exclusively responsible for the payment of a certain Visa account in Wife's name alone or with another person, not Husband, having a balance of approximately $10,000.00. Further, Wife represents and warrants to Husband that she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 15. Husband's Debts, Husband represents and warrants to Wife that he has not 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. Waivers of Claims. Except as herein otherwise provided I each party may dispose of his or her property in any way, and each 10 party hereby waives and relinquishes any and all rights he or she may now have 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 in intestacy, right to take against the Will of the other, right to claim or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, and right to act as administrator or executor of the other's estate, and each 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. 17. Leqal Representation. Husband and Wife acknowledge that each has had the opportunity to review this document with an attorney of his or her choosing or has waived such right to do so and acknowledge that they fully understand the legal impact of this Agreement and further intend to be legally bound by the terms of this Agreement. Each party will bear his or her own legal fees and costs. 18. Voluntary Execution. The provisions of this Agreement are fully understood by both parties, and each party acknowledges that this 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, 19, Action in Divorce, Husband and Wife shall execute Affidavits of Consent to the entry of a Decree in Divorce in the Divorce Action and shall deliver to Wife' s attorney all such 11 Affidavits and any and all other documents required to obtain a Decree in Divorce in the Divorce Action as soon as practicable and as soon as may be accomplished under the Pennsylvania Divorce Code. In the event a Decree in Divorce is entered, the terms of this Agreement shall be incorporated in such Decree and shall not be modified or affected by such Decree. ! I, I I' , ! I .1 20. Breach. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including reasonable attorneys' fees, in any action or proceeding to enforce the terms of this Agreement. 21. 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. 22, Modification and Waiver. Any modification or waiver of any provision of this Agreement shall 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 as a waiver of any subsequent default of the same or similar nature. 23. Governinq Law, This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each 12 paragraph hereof shall be deemed to be a separate and independent covenant and agreement. I . f, ! 25. Void Clauses. 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 all other respects this Agreement shall be valid and continue in full force, effect and operation. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: at:rU:: ~Jdk, Q. ';j (/)~jlf) ((A ~ Paula 'R. Lawrence 13 ,'''' ../' , ) .j ." , '-'] " I ) ,'-' ;I~ t .,--, ',1 ( ) ,"il "..' .. , ',) .,,1 .-. -.;. C'1 ,.::) () C -..J " I .~.. , ,", , ) ;1-. :"1 " :;'; ...~ (,~ ; i Cl t.\: , j', I .. ,I -, r ., -.:" PAULA R, LAWRENCE, PllIintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) ) ) ) ) ) \'S. CIVIL ACI'ION . LA W NO, 97. jQ'7'1 CIVIL TERM IN DIVORCE RANDY 1.. LAWRENCE. Defendant NOTICE TO I>EFENI) ANI) CLAIM IUGHTS You havc bcen sued in court. If you wish to delend against the claims set forth in thc foregoing pages, you must takc prompt action, You arc wlImed that if you fail to do so. the case may proceed without you and a dccree in divorce or annulment may be cntered against you by the court, A judgment may also be I cntcred against you lor any othcr claim or relicI' requested in these papcrs by the plaintiff, You may lose I money or property or other rights important to you. including custody or visitation of your ehildrcn, II II II II When the ground Itlr the divorce is indignities or irretricvable breakdown of the marrillge. you may requcst marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at: Oflicc of the Prothonotary Cumberland County Courtl.lousc Carlisle. Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY. DIVISION OF PROPERTY. LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MA Y LOSE THE I II RIGHT TO CLAIM ANY OF THEM, !I II I' [I II ,I " I i I I , , I ! YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP, Court Administrator. Fourth Floor Cumberlllnd County Court I louse Carlisle. Pennsylvania 17013 Telephone: (717) 240-6200 'I II I' " i II I II ,: I: I' I I, I II I , IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA PAULA R, LAWRENCE. Pluintiff ) ) ) ) ) ) ) ) ) IN DIVORCE VS. CIVIL ACTION - LA W NO, 97- Iq11 CIVIL TERM RANDY L. LA WRENCl:. Dcfendant NOTICE OF A V AILABlLlTV OF COllNSELlNG I! TO THE WITHIN-NAMED DEFENDANT: I !I 'I I ! You have been named as the Defendant in a Complaint in a divorce proceeding liIed in the Court of Common Pleas ofCumberlar.d County, This notice is to advise you that in accordance with Section 3302(d) ofthc Divorce Code. you may request that the court require you and your spouse to attend marriage counseling prior to a divorce heing handed down hy the court. ^ list of prolcssional marriage counselors is availahle althe DOInestic Relations Oftice. 13 North Hanover Street. Carlislc. Pennsylvania, i You are advised that this list is kepi as a convenience to you and you are not hound to choose a counselor I I I I I , II II II 11 :1 Ii 'I II Ii I I ! from this list. All nceessary arrangemenls and the cost of counseling sessions arc to he borne by you and your spouse, If you desire to pursue counseling. you must makc your rcquest for counseling within twenty days of the date on which you receive this notice, Failure to do so will constitute a waiver of your right to request counseling. 2 PAULA R, LAWRENCE. PlaintitT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) ) ) ) ) ) II II , il II VS. CIVIL ACTION - LA\\' NO, 97- \q11 CIVIL TERM RANDY L. LA WRENCI~, Defendant IN DIVORCE I i II I' II II II I' :1 L. Andes, and makes thc following Complaint in Divorcc: I, 'i I It " " !I [I Drivc, Mechanicsburg. Cumberland County. Pennsylvania, COMPLAINT IN IHVORCE AND NOW comes the above-named Plaintiff. PAULA R, LA WRENCE. by her attorney. Samuel 1. The PlaintilTis PAULA R, I.A WRENCI:. an adult individual who currently resides at 234 Fox .. ji 2, The Defendant is RANDY I.. LAWRENCE. an adult individual who currently resides at 308 W, 'I ,i Map1ewood Avenue. Mechaniesburg. Cumberland County. Pennsylvania, 3, Both the Plaintiff and Defendant have been bona tide residents of the Commonwealth of Pcnnsylvania for at least six months immcdiately prcviolls 10 the liIing of this Complaint. 4. Thc PlaintilT and Defendant werc married on 3 March 1984 in Ncw Cumberland. Pennsylvania, 5. Thcrc have becn no prior actions of divorce or annulment between the parties, 6, This marriage is irretrievably broken, 7, Plaintiffhas been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the panics to participate in counseling, COUNT I 8, The PlaintilT requests this Court to enter a Dccree of Divorcc, J WHEREFORE, Plaintiff requests this Court to enler a decree in divorce pursuant to the Divorce Code 01' Pennsylvania, COlINT 11- EOIlITAIILE I>ISTIUIIIITION 9, During the course 01' the marriage, the parties have acquired numerous items 01' property. both real and pcrsonal. which are held in joint names and in the individual names 01' each 01' the parlies hereto, WHEREFORE. Plaintiff prays this Ilonorable Court. aftcr requiring lilll disclosure by the Defcndant, to equitably divide the property, both real and personal. owned by the parties hereto as marital property, COIlNT III - ALIMONY 10, Plaintiff lacks suflicient property to provide for hcr rcasonable needs in accordance with the standard of living of the parties established during the marriage, II. Plaintiff is unable to support herselfin accordance with the standard of living of the parties establishcd during the marriage through appropriate employment. 12, The Defendant is employed and enjoys a substantial income from which he is able to contribute to thc support and maintcnanee of Plaintiff and to pay hcr alimony in accordance with thc Divorce Code of Pennsylvania, WHEREFORE. Plaintiff prays this Ilonorable Court to cntcr an Order awarding Plaintiff from Defendant permancnt alimony in such sums as are rcasonable and adcquate to support and maintain PlaintilTin the station of life to which she has become accustomed during the marriage, COIlNT IV - ALIMONY PENDENTE LITE 13, Plaintiff is without suflicient income to support and maintain hcrself during the pendency of this action, 14, Defendant enjoys a substantial income and is well able to contribute to thc support and maintenance of Plaintiff during the course of this action, 4 I' 1 I' I I. p, PAULA R, LAWRENCE, Plaintiff vs, ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RANDY L, LAWRENCE, Defendant NO, 97-1977 CIVIL TERM IN DIVORCE AFFIDA vrr OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 16 Apri11997 and was served upon the Defendant on or about April 21, 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 and the date of service of the Complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree, 4. I have been advised of the availability or marriage counseling and wlderstand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and J to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. August 11, 1997 Dated: '!--o jjia" I? XiJ.JJ(J1Q Paula R. Lawrence Ii " " II j PAULA R. LAWRENCE, Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " ii , r /, RANDY L~S~A WRENCE, Ii Defendant Ii i' ii I I Ii 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on j' Ii 16 April 1997 and was served upon the Defendant on or about 21 April 1997 I I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 'I II days have elapsed from the date of filing of the Complaint and the date of service of the I! i' Complaint on the Defendant. Ii , i: CIVIL ACTION - LAW NO. 97-1977 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 3. I consent to the entry of a final decree in divorce either after service of a Notice I' I' of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of I , II Intention to Request Entry of the Decree, !i j, 4. I have been advised of the availability or marriage counseling and understand il that the Court maintains a list of marriage counselors and that I may request the Court to I, !' " require my spouse and I to participate in counseling and, being so advised, do not request I: , , i: that the Court require that my spouse and I participate in counseling prior to the divorce , becoming final. i, I: I verify that the statements made in this Affidavit are true and correct and 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. August 11, 1997 Dated: //;f(~ ~ndy L. L rence -; :, \ -" " -. J ; ,'11 ,'. , , '".(:., r ~: ;) , :i. ) ) " ;'1 , :"'1.1 , ~ ~......, .;:, n -. ...J ., 7" , i:\} , - .,"71 \ .' C'J .. . :;() " 'L ) , :'.~ ,I ;, 2~~ :~ ~ -, , ., " I I' I' II I: ii PAULA R, LAWRENCE, " 'I Plaintiff Ii I: ii I' Ii I , i RANDY L. LAWRENCE, II Defendant I I: I: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) ) ) ) ) vs, CIVIL ACTION - LAW NO, 97-1977 CIVIL TERM IN DIVORCE i: I' ii II !, II II ,I I' WAIVER OF NanCE OF INTENTION TO REQUFSf ENTRY OF A DIVORCE DECREE UNDER SECflON 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. I' I' Ii I! " Ii 3, I understand that I will not be divorced until a divorce decree is entered by the I, Court and that a copy of the decree will be sent to me immediately after it is filed with the !, Ii " " Ii :1 Ii I, i i; Prothonotary . 4. I verify that the statements made in this Affidavit are hue and correct. I understand that false statements herein are made subject to the penalties of 18 P A. e.S. Section 4904 relating to unsworn falsification to authorities, August 11, 1997 i2.~ andy L. rence Dated: I /~ I I t--" ,.... (", -.l 'II 7""" :--i ,'- 'J I. , I 'i ~j C , .. "., , :, ) . ,1 ,rn .. ;, .., ;...:~ PAULA R. LAWRENCE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-1977 RANDY L. LAWRENCE, Defendant IN DIVORCE STIPULATION FOR OUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Randy L, Lawrence ("Husband") and Paula R. Lawrence ("Wife") were married on March 3, 1984, and two (2) children were born of the marriage: Grant L. Lawrence, born February 27/ 1985; and Heather R. Lawrence, born September 11/ 1987; and WHEREAS, the parties have lived separate and apart and are obtaining, in the above-captioned matter, a Decree of Divorce; and WHEREAS, pursuant to a certain Separation and Divorce Settlement Agreement dated May 22, 1997, Husband and Wife have entered into an understanding which provides for the division of the marital estate, including a designation of and distribution of their respective interests in a certain employee benefit plan of Lawrence Chevrolet Geo Olds, Inc., the employer of Husband, all as provided for herein; and WHEREAS, Husband and Wife have, by the aforesaid Separation and Divorce Settlement Agreement, settled all issues relating to their interest in such employee benefit plan of the Husband at Lawrence Chevrolet Geo Olds, Inc,; NOW, THEREFORE, in consideration of the foregoing premises, the parties do agree as follows: SECTION 1, The parties request that this Court enter an Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) (1) of the Internal Revenue Code of 1986, as amended Ithe "Code"), and Section 2061d) (3) (B) of the Employee Retirement Security Act of 1974, as amended ("ERISA"). SECTION 2, The parties intend the said Qualified Domestic Relations Order to apply to the Lawrence Chevrolet Geo aIds, Inc. 401K Deferred Compensation Plan (the "Plan"), Plan No. 58240. SECTION 3. The parties agree that Wife shall be deemed to be an "Alternate Payee" within the meaning of Code Section 414(p) (8) and ERISA Section 206 Id) (3) (K) and that Husband is a "Participant" in the Plan. SECTION 4. The name / current mailing address, Social Security number and date of birth of Husband/Participant are as follows: Randy L. Lawrence 308 West Maplewood Avenue Mechanicsburg, PA 17055 Social Security No.: 183-42-0689 Date of Birth: September 14, 1959 The name, current mailing address and Social Security number of Wife, hereafter sometimes referred to as the "Alternate Payee" are as follows: Paula R. Lawrence 234 Fox Drive Mechanicsburg, PA 17055 Social Security No,: 175-48-6157 Date of Birth: June 8, 1960 2 The Alternate Payee shall keep the Plan Administrator informed of her current address and telephone number. Notice of change of address or telephone number shall be made in writing to the Plan Administrator, addressed as follows: Pension Benefits, Inc. Suite 209 565 East Swedes ford Road Wayne, PA 19087 (or such other address as the Administrator may specify in a written notice to the Alternate Payee), If a distribution pursuant to the proposed QDRO (or notice of the availability of such a distribution) is mailed to the Alternate Payee's last-known address, address correction requested, but is returned to the Plan Administrator with no forwarding address and is not claimed by the Alternate Payee within six months of the date the letter is returned to the plan Administrator I the distribution shall be forfeited by the Alternate Payee, except as provided in Section ll(b) hereof. SECTION 5. From the account heretofore held for the benefit of or in the name of the Participant in the Plan, Participant assigns to the Alternate Payee, and the Alternate Payee shall receive, a lump-sum distribution for the sole benefit of the Alternate Payee of the total amount of Ninety-Six Thousand Dollars ($96,000.00) as soon as administratively feasible hereafter. SECTION 6, Distributions to be made as a result of the assignment set forth in Section 5 shall be made as soon as administratively possible after acceptance of the proposed Order as a QDRO by the Plan Administrator, Thereafter, Alternate Payee 3 shall be solely liable for any and all tax liabilities for any payments or distributions to her from the Plan or of any amounts assigned to her, SECTION 7, If the Participant dies, the Alternate Payee shall not be a "surviving Spouse" under Sections 401(a) (11) and 417 of the Internal Revenue Code with respect to that portion of the Participant's accrued benefits which has not been assigned to the Alternate Payee. SECTION 8, The parties agree that the Qualified Domestic Relations Order shall not require: (i) the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan except as permitted by Code Section 414 (p) and ERISA Section 206(d); (ii) the Plan to provide increased benefits; or (iii) the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. SECTION 9. The parties agree that the QDRO shall relate to the period starting with the entry thereof by the Court and ending when all amounts assigned to the Alternate Payee have been distributed from the Plan in conformity with the provisions of the QDRO. The QDRO shall be deemed to be issued pursuant to state domestic relations laws to enforce marital property rights of the Alternate Payee who has heretofore been the spouse of the Participant. SECTION 10. Since it is intended that the proposed QDRO will qualify as a Qualified Domestic Relations Order, the provisions thereof shall be administered and interpreted in conformity with 4 I ERISA and the Code. The Court shall retain jurisdiction to amend the Order only for purposes of establishing or maintaining its qualification as a Qualified Domestic Relations Order under ERISA and the Code, and either party may apply to the Court for such an amendment, consistent, nevertheless, with the terms of the Separation and Divorce Settlement Agreement heretofore executed by the parties and filed in this divorce action. SECTION 11. (a) In case of conflict between the terms of the QDRO and the terms of the Plan, the terms of the Plan shall prevail. (b) The Plan Administrator and the Alternate Payee may modify (by written agreement) any provision of the proposed QDRO without further Court approval so long as the change has no adverse effect on the Participant. The Plan Administrator may unilaterally modify any term of the proposed QDRO to the extent necessary to comply with applicable law (e.g., the Plan Administrator may reinstate amounts forfeited under the proposed QDRO if required by applicable federal law). (c) The Alternate Payee shall be a "beneficiary" of the Plan for purposes of ERISA. (d) All notices to be given or documents to be sent to the Plan Administrator shall be addressed in accordance with Section 4 and shall not be deemed given to the Plan Administrator unless sent certified mail, return receipt requested. i I ..,-~, 5 (e) The Alternate Payee shall hold the Plan (and its sponsor and fiduciaries) harmless from any liabilities which arise from compliance with the proposed QDRO, including all reasonable attorneys' fees which may be incurred in connection with any claims which are asserted because the Plan honors the proposed QDRO. (f) The Plan and its sponsor and fiduciaries shall not be responsible for any attorneys' fees incurred by the Participant or the Alternate Payee in connection with obtaining or enforcing the proposed QDRO. SECTION 12, The Participant shall be obligated to furnish a copy of the proposed QDRO to the Plan Administrator. The Participant shall inform the Plan Administrator of the parties' intention that the proposed Order constitute a "Qualified Domestic Relations Order". If the Alternate Payee, within thirty (30) days of the entry by the Court of Common Pleas of an Order incorporating the terms of this Stipulation, does not receive notice (at the address specified in Section 4) from the Plan Administrator that the Plan Administrator has received a copy of the proposed Order, the Alternate Payee, at her discretion, may fulfill the Participant's notification obligation. SECTION 13. The Participant and the Alternate Payee shall take such further action and execute such further documents as may be necessary to ensure that a prompt determination is made by the Plan Administrator that the proposed Order constitute a "Qualified Domestic Relations Order" and to ensure that the Plan distributes 6 JUN 09 1997 tr PAULA R. LAWRENCE, Plaintif f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-1977 v. RANDY L. LAWRENCE, Defendant IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this q1:l day of 1997, upon .Tv.... consideration of the within Stipulation of the parties, it is hereby ORDERED AND DECREED as follows: SECTION 1. This Order shall be deemed to constitute a "Qualified Domestic Relations Order" defined as in '" I, Section 4l4(p) (1) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206(d) (3) (B) of the Employee Retirement Security Act of 1974, as amended ("ERISA"). SECTION 2. This Qualified Domestic Relations Order shall apply to the Lawrence Chevrolet Geo Olds, Inc. 401K Deferred Compensation Plan (the "Plan"), Plan No. 58240. SECTION 3. Wife shall be deemed to be an "Alternate Payee" within the meaning of Code Section 414 (pI (8) and ERISA Section 206(d) (3) (K) and Husband shall be deemed to be a "Participant" in the Plan. SECTION 4. The name, current mailing address, Social Security number and date of birth of Husband/Participant are as follows: Randy L, Lawrence 308 West Maplewood Avenue Mechanicsburg, PA 17055 , , Social Security No.: 183-42-0689 Date of Birth: September 14, 1959 The name, current mailing address and Social Security number of Wife, hereafter sometimes referred to as the "Alternate Payee" are as follows: Paula R, Lawrence 234 Fox Drive Mechanicsburg, PA 17055 Social Security No.: 175-48-6157 Date of Birth: June 8, 1960 The Alternate Payee shall keep the Plan Administrator informed of her current address and telephone number. Notice of change of address or telephone number shall be made in writing to the Plan Administrator, addressed as follows: Pension Benefits, Inc, Suite 209 565 East Swedes ford Road Wayne, PA 19087 (or such other address as the Administrator may specify in a written notice to the Alternate Payee). If a distribution pursuant to this QDRO (or notice of the availability of such a distribution) is mailed to the Alternate Payee's last-known address, address correction requested, but is returned to the Plan Administrator with no forwarding address and is not claimed by the Alternate Payee within six months of the date the letter is returned to the Plan Administrator, the distribution shall be forfeited by the Alternate Payee, except as provided in Section 11(b) hereof. SECTION 5. From the account heretofore held for the benefit of or in the name of the Participant in the Plan, Participant 2 assigns to the Alternate Payee, and the Alternate Payee shall receive, a lump-sum distribution for the sole benefit of the Alternate Payee of the total amount of Ninety-Six Thousand Dollars ($96,000.00) as soon as administratively feasible hereafter. ,~ , SECTION 6. Distributions to be made as a result of the assignment set forth in Section 5 shall be made as soon as administratively possible after acceptance of this Order as a QDRO by the Plan Administrator. Thereafter, Alternate Payee shall be solely liable for any and all tax liabilities for any payments or distributions to her from the Plan or of any amounts assigned to her. SECTION 7. If the Participant dies, the Alternate Payee shall not be a "surviving spouse" under Sections 401 (a) (11) and 417 of the Internal Revenue Code with respect to that portion of the Participant's accrued benefits which has not been assigned to the Alternate Payee. SECTION B. This Qualified Domestic Relations Order shall not require: (i) the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan except as permitted by Code Section 414(p) and ERISA Section 206(d); (ii) the Plan to provide increased benefits; or (iii) the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. SECTION 9. This QDRO shall relate to the period starting with the entry hereof by the Court and ending when all amounts assigned to the Alternate Payee have been distributed from the Plan in 3 conformity with the provisions of the QDRO, The QDRO shall be deemed to be issued pursuant to state domestic relations laws to enforce marital property rights of the Alternate Payee who has heretofore been the spouse of the Participant. SECTION 10. Since it is intended that this QDRO will qualify as a Qualified Domestic Relations Order, the provisions hereof shall be administered and interpreted in conformity with ERISA and the Code. The Court shall retain jurisdiction to amend the Order only for purposes of establishing or maintaining its qualification as a Qualified Domestic Relations Order under ERISA and the Code, and either party may apply to the Court for such an amendment, consistent, nevertheless, with the terms of the Separation and Divorce Settlement Agreement heretofore executed by the parties and filed in this divorce action. SECTION 11. (a) In case of conflict between the terms of this QDRO and the terms of the Plan, the terms of the Plan shall prevail. (b) The Plan Administrator and the Alternate Payee may modify (by written agreement) any provision of this QDRO without further Court approval so long as the change has no adverse effect on the Participant. The plan Administrator may unilaterally modify any term of this QDRO to the extent necessary to comply with applicable law (e.g., the Plan Administrator may reinstate amounts forfeited under this QDRO if required by applicable federal law). 4 t .. . (c) The Alternate Payee shall be a "beneficiary" of the plan for purposes of ERISA. (d) All notices to be given or documents to be sent to the Plan Administrator shall be addressed in accordance with Section 4 and shall not be deemed given to the Plan Administrator unless sent certified mail, return receipt requested. (e) The Alternate Payee shall hold the Plan (and its sponsor and fiduciaries) harmless from any liabilities which arise from compliance with this QDRO, including all reasonable attorneys' fees which may be incurred in connection with any claims which are asserted because the Plan honors this QDRO. (f) The Plan and its sponsor and fiduciaries shall not be responsible for any attorneys' fees incurred by the Participant or the Alternate Payee in connection with obtaining or enforcing this QDRO, SECTION 12. The Participant shall be obligated to furnish a copy of this QDRO to the Plan Administrator. The Participant shall inform the Plan Administrator of the parties' intention that this Order constitute a "Qualified Domestic Relations Order". If the Alternate Payee, within thirty (30) days of the entry by the Court of Common Pleas of this Order, does not receive notice (at the address specified in Section 4) from the Plan Administrator that the Plan Administrator has received a copy of this Order, the Alternate Payee, at her discretion, may fulfill the Participant's notification obligation. 5 .. .. . "'" ( , ~ ( ~. _.' ~ ~ ~_,' '-l ' ; ~ ~' 'J I . ~' ~ t' " ~ t:1. ~ ~ ~,,~ t~ ." ':"j \) , ' I . ' I ,: '.J j .. ~ " .) ,.. ',:{ .,.J ),',1 "1 I (_. : J ...:,;