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IN
THE COURT OF COMMON
OF CUMBERLAND
STATE OF ~~t
COUNTY
PENNA.
Leroy W. Stitt,
Plaintiff
97-5904
No, ..
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V"j'SH:;
Judy A. Stitt,
Defendant
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DECREE IN
DIVORCE
AND NOW, ' , , , , . , . , ' ,14:0. ~ry , ' ,
Leroy W. Sti.tt
decreed that """"."",'.'",'
Judy A. Stitt
and"""""""""""......., '
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, . . , , , , ' , , , , , , , , , , , , , , , " plaintiff.
. , , . ' , , , , , , , . , , , , , , , , , , , , " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which hove
been raised of record in this action for which 0 final order has not yet
been entered;
, , ,The, Marl ta I, Sett lerrent A9r:eelTent datro. Decerrtle~, 30" 199~, ~!i<;l, ~tt~~!l~, , .
hereto is incor[A)rated but not rrerged herei.n.
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still msafilell5443-97-01
December 9.1998
VI.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97. 5904 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
LEROY W. STITT,
Plaintiff
JUDY A. STITT,
Defendant
THIS Agreement made this .jiJ'" day of P4e-~../ .1998 by
and between JUDY A. STITT, of 402 Centerville Road. Newville, Cumberland
County. Pennsylvania, hereinafter referred to as WIFE, and LEROY W. STITT, of
P. 0, Box 611, New Kingstown, Cumberland County, Pennsylvania, hereinafter
referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined
in marriage on April 21, 1979 in Cumberland County, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of
Common Pleas of Cumberland County, Pennsylvania, on October 24, 1997 to
No. 97.5904 Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other,
including, without limitation, the settling of all matters between them relating to
the ownership of real and personal property, and in general, the settling of any
51111 msa IJb December 9, 1998
and all claims and possible claims against the other or against their respective
estates.
NOW, THEREFORE, in consideration of these considerations, and the
mutual promises and undertakings hereinafter set forth, and for other good and
valuable consideration, receipt and sufficiency of which is hereby acknowledged
by each of the parties hereto, HUSBAND and WIFE, each intending to be legally
bound, hereby covenant and agree as follows:
1, Advice of Counsel: The parties hereto acknowledge that each
has been notified of his or her right to consult with counsel of his or her choice,
and have been provided a copy of this agreement with which to consult with
counsel. WIFE is represented by Carol J, Lindsay, Esquire, and HUSBAND is
represented by Robert J, Mulderig, Esquire. Each party acknowledges and
accepts that this agreement is, in the circumstances, fair and equitable, and that
it is being entered into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, and that execution of
this agreement is not the result of any duress or undue influence, and that it is
not the result of any improper or illegal agreement or agreements,
2, Divorce: The parties agree to the entry of a Decree in Divorce.
The parties will execute Affidavits of Consent and Waivers of Notice under
Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in
Divorce on the same day as this Agreement.
2
still msa ljb December 9, 1998
3, Personal Property: The parties acknowledge that they have
equitably and satisfactorily divided all of their personal property, and that all
personal property shall be the sole and individual property of the party in whose
possession it is as of the date of this agreement.
WIFE will retain the 1986 Jeep and the 1986 Chevrolet, and within
ten days of the date of this Agreement, HUSBAND will execute any and all
documents required to transfer said vehicles to WIFE.
HUSBAND will retain the 1978 Dodge and the 1978 trailer. Within
ten days of th~ date of this Agreement, WIFE will transfer to HUSBAND all her
right, title and Interest in said property,
WIFE will retain her 401-K retirement plan with the Little Tlkes
company, and HUSBAND will retain his Valk Manufacturing Company profit-
sharing plan with the single and sole exception that HUSBAND shall :ransfer to
WIFE, by Qualified Domestic Relations Order, $18,971,00 from oaid profit-
sharing plan and shall provide to his counsel any and all information required for
the preparation of and approval by the Plan Administrator of a Qualified Domestic
Relations Order,
4, Real Property: The parties are owners of a home at 402
Centervllle Road, Newville, Cumberland County, Pennsylvania, On the date of
this Agreement HUSBAND will execute a special warranty deed transferring to
WIFE all his right, title and interest in said home, WIFE shall be solely
responsible for all charges on account of the marital home, including the first
mortgage in favor of Mellon Bank, the second mortgage in favor of Farmers
3
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National Bank, and the taxes and Insurance. WIFE will Indemnify and hold
HUSBAND harmless against any loss on account of the house,
5, Alimony: The parties waive any claim that they may have one
against the other for alimony, alimony pendente lite or spousal support. The
parties acknowledge that each has sufficient assets with which to maintain
themselves after divorce,
6, Marital Debt: The parties have, In their own names, certain credit
card accounts which may include some marital debt. Each party will be
responsible for the debt on the credit card accounts In his or her name. Each
party will Incur no debt for which the other may be liable, and will Indemnify and
hold the other harmless for any debt so Incurred, HUSBAND will be solely
responsible for the credit card debt to Lowes and Expert Tires, WIFE will be
solely responsible for the parties' joint Visa Gold charge account.
7. Exchange of Information: The parties have requested from each
other and received any information regarding their assets, liabilities, Income and
expenses which the party requires prior to entering Into the terms of this
Agreement. The parties acknowledge that the ierms of this Agreement are fair
and equitable and constitute an equitable distribution of marital property and
debt, taking into account all of the relevant factors set out In Section 3502 of the
Divorce Code. 23 Pa, C,S,~3502 Including tho length of the marriage; any prior
marriage of the parties; the age, health, station, amounts and sources of Income,
vocational skills, employability, estate, liabilities and needs of each of the parties;
4
slilt msa ljb December 9, 1998
the contribution by each party to the education, training or Increased earning
power of the other; the opportunity of each party for future acquisitions of capital
assets and Income; the sources of Income of both parties, Including but not
limited to, medical, retirement, Insurance or other benefits; the contribution or
dissipation of each party In the acquisition, preservation, depreciation, or
appreciate of the marital property, including the contribution of a party as
homemaker; the value of the property set apart to each party; the standard of
living of the parties during the marriage; the economic circumstances of each
party Including federal, state and local tax ramifications at the time of the division
of the property, and whether the party will be serving as custodian of any
dependent minor children,
8, Modification: No modification, rescission, or amendment of this
agreement shall be effective unless In writing signed by each of the parties
hereto.
9, Applicable Law: All acts contemplated by this agreement shall be
construed and enforced under the laws of the Commonwealth of Pennsylvania,
10. Agreement Binding on Parties and Heirs: This agreement,
except as otherwise expressly provided herein, shall bind the parties hereto, and
their respective heirs, executors, administrators, legal representatives, assigns
and successors In any interest of the parties
5
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11, Agreement Not to be Merged: This agreement shall be
Incorporated into the final decree of divorce of the parties hereto for purposes of
enforcement only. but otherwise shall not be merged into said decree. The
parties shall have the right to enforce this agreement under the Divorce Code of
1980. as amended. and in addition. shall retain any remedies in law or in equity
under this agreement as an independent contract. Such remedies in law or
equity are specifically not waived or released
12, Documents: The parties hereto agree that they will execute and
deliver one to the other any documents necessary to give effect to the terms of
this Agreement
13, Full and Final Settlement: WIFE and HUSBAND each do hereby
mutually remise, release, quitclaim and forever discharge the other and the
estate of such other. for all time to come, and for all purposes whatsoever, of and
from any and all rights. titles. interests or claims in or against the property
(including income and gain from property hereaiter accruing, of the other) or
against the estate of such other. of whatever nature and wheresoever situate,
which she or he now has or at any time hereafter may have against such other.
the estate of such other or any part thereof. whether arising out of any former
acts. contracts, engagements or liabilities of such other, or by way of dower or
courtesy, or claims in the nature of dower or courtesy, or widows' or widowers'
rights, family exemption or similar allowance, or under the intestate laws, or the
6
slill msa IJb December 9, 1998
right to take against the spouse's will; or the right to treat a lifetime conveyance
by the other as testamentary, or all other rights of a surviving spouse to
participate In a deceased spouse's estate, whether arising under the laws of
Pennsylvania, any other State, or any other Country, or any rights which either
spouse may have, or at any time hereafter have, for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except
and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or before the breach of any
thereof, It Is the intenlion of HUSBAND and WIFE to give to each other by the
execution of this Agreement a full, complete and general release with respect to
any and all property of any kind or nature, real, personal or mixed, which the
other now owns or may hereafter acquire, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise
under this Agreement, or for the breach of any thereof, subject, however, to the
Implementation and satisfaction of the condition precedent as set forth herein
above,
14. BREACH: In the event that either party breaches any provision of
this Agreement, he or she shall be responsible for any and all costs Incurred to
enforce the Agreement, Including, but not limited to, court costs and counsel fees
of the other party, In the event of breach, the other party shall have the right, at
7
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v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-5904 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
LEROY W, STITT,
Plaintiff
JUDY A STITT,
Defendant
f,RAECIPE TO TRANSMIT RECOB.Q
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry
of a Divorce Deaee:
1, Ground for divorce: irretrievable breakdown under !j3301(c) of the Divorce
Code,
2, Date and manner of service of the complaint: Certified mail on October
24, 1997.
3, Date of execution of the Affidavit of Consent required by !j3301(c) of the
Divorce Code,
By Plaintiff: December 30, 1998 By Defendant: December 8, 1998
4, Related claims pending: None,
5, Date the Waiver of Notice in !j3301(c) divorce was filed with the
Prothonotary:
By Plaintiff: January 8, 1999 By Defendant: January 7, 1998
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Robe~-j. Mulderig, Esquire)
Attorney for Plaintiff
LEROY W, STITT,
PlaintiIT,
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97. )~~'YCML TERM
JUDY A. STlTI',
DeCendant
: CML ACTION. LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court, IC you wish to deCend against the claimB set Corth in the Conowing
JllIlIl!8, you must take prompt action. You are wamed that if you Cailto do 80, the case will proceed
without you and a decree in divorce or annulment may be entered against you Cor IlIIJI other claim or
reUeC requested in these papers by the PJaintiIT, You may lose money or property or other rights
Impol'tant to you, including cUBtody or visitation oC your children.
When the ground Cor the divorce Is indignities or irretrievable breakdown oC the 1I1l1JTiage, you
may request IIlIlI'I'iage counse1ing. A list oC IIlIlI'I'iage counselors Is available in the Office oC the
Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle,
Pennsylvania 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF MARITAL PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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,
Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, Pennsylvania 17013
(717) 240.6200
LEROY W. STITl',
PlaIntll1',
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97- 590Y CML TERM
: CIVIL ACTION, LAW
: IN DIVORCE
Y.
JUDY A. 8TITl',
Defendant
COMPLAINT IN DIVORCE
1. PIAlnUff I.s Leroy SUtl, an adult individual, currently residing at P.O. Boll 611, New
Kingstown. Cumberland County, Pennsylvania, 17072.
2, Defendant I.s Judy A. Stitt, an adult individual, currently residing at 402 CenterviUe
Road, Newville, Cumberland County, Pennsylvania, 17241.
3, Plaintiff Md Defendant are bonallde residents of the Commonwealth of Pennsylvania
and have been 80 for at least six montha immediately previous to the filing of this complaint.
4, Plaintiff and Defendant were married on April 21, 1979 in Cumberland, Pennsylvania.
5, There have been no prior actions for divorce or annulment between the parties.
6, The Defendant is not a member of the Anned Forces of the United Ststes of Americs,
or its Allies,
7, The Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling, Knowing this, the Plaintiff does not
desire that the Court require the parties to participate in counseling,
8, Plaintiff and Defendant are citizens of the United States of America.
9. The parties have lived separate and apart since August 16, 1997 and continue to live
separate and apart as of the date of this Complaint,
10, The parties' marriage is irretrievably broken,
11. Plalntlf1' desiresll divorce bued upon the beUer tbllt Derendllnt will llf\er ninety daY"
from the date or the Illlng or thle Complaint, consent to thle divorce.
WHEREFORE, PlalntllT requests your HonoJ'llble Court to enter a decree In divorce.
Respectfully Submitted,
TURO LAW OFFICES
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ben J. deng, Esq 0'
32 South Bedford Street -
CnrUsle, PA 17013
(717) 2415-9688
Attorney ror PlalntllT
VERIFICATION
I verify that the statemenla made In the foreaoina DIvorce Complaint are true and correct. I
Wlderetand that felle statemenla herein made are subject to the penaltlee of PLC.S, Sectlon 4904
relatina to WlIWom faleillcation to euthorities.
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October 24, 1997
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December 9, 19!18
LEROY W. STITT,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97. 5904 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Plaintiff
VB,
JUDY A. STITT,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed on October 24,
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 in 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 to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa,C.S, 4904 relating to unswom falsification to authorities,
(;I"fr f71 ;ff.:",;;t'~
" :Judy A. S'fl ,Defendant
Date: ])/'" _ ~ / y"7 ;~
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301 tel OF THE DIVORCE CODE
1, I consent to the entry at a final Decree of Divorce without notice,
2. I understand that I may lose rights concernin9 alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is 9ranted,
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 to the best of my knowledge,
information and belief, I understand that false statements herein are made subject to the penalties of 18
Pa,C,S, 4904 relating to unswom falsification to authorities,
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. / J A. Stitt, Defendant
,
LEROY W. STITT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
,
: NO. 97-5904 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
JUDY A. STITT,
Defendant
1. A Complain! in Divorce under g3301(c) of the Divorce Code we. flied on
October 24, 1997.
2. The marriage of Plaintiff and Defendant Is irretrievably brokan and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3, I consent to the entry of the final Decree In Divorce after .arvice of Notice
of Intention to request entry of the decree,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S, 54904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES,
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Date
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Lero . Stitt
LEROY W, STITT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-5904 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
v.
JUDY A STITT,
Defendant
1, I consent to the &ntry of a final Dacree 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 Bent to me immediately after it is filed
with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S. ~904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES,
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LEROY W. STITT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-5904 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
v.
I
JUDY A. STITT,
Defendant
gUALlFIED DOMESTIC RELATIONS ORDER
The parties have reached an agreement as to the division of certain employee
pension benefit in which Ler.JY W. Still is a participant:
It is hereby ordered, adjudged and decreed that a division and disposition of the
employee pension benefit plan identified below shall be and is made according to the
provisions of the Domestic Relations Law of the Commonwealth of Pennsylvania and of
~01(a)(13) and ~414(p) of the Internal Revenue Code of 1996 as amended
(hereinafter referred to as the 'Code'), relating to Qualified Domestic Relations Orders
as follows:
1, The Court finds and concludes that Leroy W, Still (hereinafter referred to
as the 'Participant') is a Participant and has an interest in an account under a certain
employee pension benefit plan known as the Valk Manufacturing Company Profit
Sharing Plan (hereinafter referred to as the 'Plan"),
2, Judy A. Still (hereinafter referred to as the 'Alternate Payee") is a former
spouse of Participant and is hereby designated as an Alternate Payee of Participant's
interest in an account under the Plan pursuant to ~401(a)(13) and ~14(p) of the Code,
and to the extent provided in this Qualified Domestic Relations Order,
3, It is hereby ordered that the Alternate Payee shall have and receive, and
the plan administrator and/or trustee of the Plan are directed to pay to the Alternate
Payee from the Participant's account under the Plan promptly at the execution and entry
of this Qualified Domestic Relations Order the sum of Eighteen Thousand Nine Hundred
and Seventy One ($18,971,00) Dollars plus interesVearnings that have accrued on said
Eighteen Thousand Nine Hundred and Seventy One ($18,971,00) Dollars since January
12, 1999, (hereinafter referred to as 'Single Sum Payment"), If directed by the Alternate
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Payee, the pi en administra.or and/or trustee of the Plan are hereby authorized and
directed to pay the Single Sum Payment to the Alternate Payee's Individual Retirement
Account or account under an employer's qualified plan as applicable,
4, In event of the Participant's death prior to the Alternate Payee's receipt of
the Single Sum Payment pursuant to paragraph 3 above, the Alternate Payee shall be
treated, in accordance with ~14(p)(5) of the Code as the surviving spouse of the
Participant for the purposes of and under the Plan with regard only to the unpaid
amount, if any, of the Single Sum Payment.
5, The name and last known mailing address of the Participant is as follows:
Leroy W. Stitt, P,O, Box 611, New Kingston, PA 17072, The Participant's Social
Security Number is 183-46-8606,
6. The name and last known mailing address of the Alternate Payee is as
follows: Judy A. Stitt, 402 Centerville Road, Newville, PA 17241, The Alternate Payee's
Social Security Numbar is 194-44.9892,
7. The Plan to which this Qualified Domestic Relations Order relates is the
Valk Manufacturing Company's Profit Sharing Plan,
8. Nothing in this Order shall be construed to require the Plan to provide any
type or form of benefit, or any option, not otherwise provided under the Plan or to
provide benefits to the AltematE! Payee in an amount that exceeds the amount of
benefits the Plan would be required to pay with respect to the Participant as the Order
did not apply, Except for the interest awarded herein to the Alternate Payee as an
Alternate Payee, this Qualified Domestic Relations Order shall have no affect on the
Participant's remaining interest In an account under the Plan or his/her future interest in
the account under the Plan, The Alternate Payee shall not be entitled to the
Particlpant's intarest in the Plan that is already required to be paid to another Alternate
Payee under another Domestic Relations Order previously determined to be a Qualified
Domestic Relations Order; however, the Participant has presented that no such
previous Qualified Domestic Relations Order exists,
9. The Alternate Payee shall notify in writing the plan administrator and/or
trustee of the Plan of any changes in his/her mailing address,
10. It is the intention of the Alternate Payee and the Participant that this Order
shall qualify as a Domestic Relations Order within the meaning of S414(p) of the Code
and ~206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as
amended (hereinafter referred to as "ERISA"), and that whenever the provisions hereof
are inconsistent with the definition of a Qualified Domestic Relations Order as may be
contains from time to time in the Code or ERISA, this Order shall be amended from time
to time, as may be necessary, to comply with the requirements for Qualified Domestic
Relations Orders under the Code and ERISA or regulations promulgated thereunder
and to cause this Order to be accepted as a Qualified Domestic Relations Order by the
plan administrator of the Plan, The court retains jurisdiction to amend this Order to so
comply.
11, It is hereby ordered that a true copy of this QLlalified Domestic Relations
Order be served upon the plan administrator and trustee of the Plan of this Qualified
Domestic Relations Order shall be binding on the plan administrator and the trustee
according to the laws of the Commonwealth of Pennsylvania, the Code and ERISA.
The Participant and the A1temate Payee are ordered to comply with the terms and spirit
of the Qualified Domestic Relations Order,
12, The Court further retains jurisdiction to supervise implementation of this
Qualified Domestic Relations Order and those provisions of the parties' decree in
divorce regarding division and disposition of the Participant's interest in an account
under the Plan and to enter such orders hereafter as may be required to implement fully
this Order and any subsequent orders of the Court regarding the Plan.
So ordered this 2.. (;, .... day of 1a. V'J"j
, 199~:"
BY THE COURT,
~4J,
J.
/
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-5904 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
LEROY W. STITT,
Plaintiff
JUDY A. STITT,
Defendant
fETITION FOR A QJ}RO
AND NOW, comes the Plaintiff, Leroy W. Stitt, by and through his counsel,
Robert J, Mulderig, Esquire, and Petitions the Court to sign the attached Qualified
Domestic Relations Order (QDRO) and states:
1, On December 30, 1998, Plaintiff and the Defendant entered into a Marital
Settlement Agreement. A copy of which is attached hereto and incorporated herein as
'Exhibit A',
2, On January 12, 1999, this Honorable Court, Judge Kevin A Hess
presiding, signed a final Decree in Divorce incorporating the Marital Settlement
Agreement. A copy of the Divorce Decree is attached hereto and incorporated herein
as 'Exhibit B',
3, Paragraph 3 of the Marital Settlement Agreement states in part
....Husband will retain his VALK Manufacturing Company Profit Sharing Plan with the
single and sole exemption that the Husband shall transfer to the Wife, by Qualified
Domestic Relations Order, $18,971,00 from said Profit Sharing Plan and shall verify to
his counsel any and all information for the preparation and approval by the xxx
administrator of a Qualified Domestic Relations Order.'
WHEREFORE, Plaintiff respectfully requests this Honorable Court to sign the
attached Qualified Domestic Relations Order to complete this Divorce.
Respectfully Submitted
lURO LAW OFFICES
/ / ~{/~'l
Date
/_.
Robert J, ulderig, Es
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
I hereby certify that I served a true and correct copy of the Petition for CORO
upon Carol J. Lindsay, Esquire, by depositing same in the United States Mail, first class,
postage pre-paid on the 21" day of January, 1999, from Carlisle, Pennsylvania,
addressed as follows:
Carol J. Lindsay, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle, PA 17013
TURO LAW OFFICES
, aUlt mea Ijb Decembe,r 9. 1998
...
and all Glalms and possible claims against the other or against their respective
estates.
NOW, THEReFORE, in consideration of these considerations, and the
mutual promises and undertakings hereinafter set forth, and for other good and
valuable consideration, receipt and sufficiency of which Is hereby acknowledged
by each of the parties hereto, HUSBAND and WIFE, each Intending to be legally
bound. hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto acknowledge that each
has been notified of his or her right to consult with counsel of his or her choice,
and havo been provided a copy of this agreement with which to consult with
counsel. WIFE Is represented by Carol J. Lindsay, Esquire, and HUSBAND is
represented by Robert J. Mulderlg, Esquire, Each party acknowledges and
accepts that this agreement Is, in the circumstances, fair and equitable, and that
It Is being entered Into freely and voluntarily, after having received such advice
and with such knowledge as each has sought from counsel, and that execution of
this agreement is not the result of any duress or undue Influence, and that it Is
not the result of any Improper or Illegal agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree In Divorce,
The parties will execute Affidavits of Consent and Waivers of Notice under
Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in
Divorce on the same day as this Agreement.
2
,stitt msa ljb December 9,1998
":"
3, Personal Property: The parties acknowledge that they hava
equitably and satisfactorily divided all of their personal property. and that all
personal property shall be the sole and individual property of the party in whose
possession it Is as of the date of this agreement.
WIFE will retain the 1986 Jeep and the 1986 Chevrolet. and within
ten days of the date of this Agreement, HUSBAND will execute any and all
documents required to transfer said vehicles to WIFE.
HUSBAND will retain the 1978 Dodge and the 1978 trailer. Within
ten days of the date of this Agreement, WIFE will transfer to HUSBAND all her
right, title and Interest in said property.
WIFE wiil retain her 401-K retirement plan with the Little Tikes
company, and HUSBAND will retain his Valk Manufacturing Company profit-
sharing plan with the single and sole exception that HUSBAND shall transfer to
WIFE, by Qualified Domestic Relations Order. $18,971.00 frum said profit-
sharing plan and shall provide to his counsel any and all information required for
the preparation of and approval by the Plan Administrator of a Qualified Domestic
Relations Order.
4, Real Property: The parties are owners of a home at 402
Centerville Road, Newville, Cumberland County, Pennsylvania, On the date of
this Agreement HUSBAND will execute a special warranty deed transferring to
WIFE all his right, title and interest In said home, WIFE shall be solely
responsible for all charges on account of the marital home, including the first
mortgage in favor of Mellon Bank, the second mortgage in favor of Farmers
3
. atitt mas ~b Dscemb8! 9, 1998
~
11. Agreement Not to be Merged: This agreement shall be
IncorporattY.! into the final decree of divorce of the parties hereto for purposes of
enforcement only, but otherwise shall not be merged into said decree. The
parties shall have the right to enforce this agreement under the Divorce Code of
1980, as amended, and In addition, shall retain any remedies In law or in equity
under this agreement as an Independent contract. Such remedies in law or
equity are specifically not waived or released
12, Documents: The parties hereto agree that they will execute and
deliver one to the other any documents necessary to give effect to the terms of
this Agreement
13. Full and Final Settlement: WIFE and HUSBAND each do hereby
mutually remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes whatsoever, of and
from any and all rights, titles, interests or claims in or against the property
(including income and gain from property hereafter accruing, of the other) or
against the estate of such other, of whatever nature and wheresoever situate,
which she or he now has or at any time hereafter may have against such other,
the estate of such other or any part thereof, whether arising out of any former
acts, contracts, engagements or liabilities of such other, or by way of dower or
courtesy, or claims in the nature of dower or courtesy, or widows' or widowers'
rights, family exemption or similar allowance, or under the intestate laws, or the
6
stitt msa ~b Decemb!,r 9. 1998
his or her election, to sue for damages for such breach or to seek such other and
additional remedies as may be available to him or her.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written,
Witness:
9A,?# ~ASEAL)
d., .~ ~~ (SEAL)
(~W.Stltt
414'
8
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: IN THE COURT OF COMMON PLEAS :
~ OF CUMBERLAND COUNTY ~
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~ STATE OF PENNA. ~
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~ Leroy W. Stitt d 8
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,; AND NOW, .... ,1i!.nUAI'Y..l,2.... ..... .. ..... 19,99.... It Is or ere and l~
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'" decreed that...., .. ,If:~c:X ,\'!', ,~~~t;.t;., , , , ..' , , .., , ..,.. ..' , ....., plaintiff,
~ Judy A. Stitt I~
~ and. , ,...' ".'"" , , "" " , , , , , , " " , "", ,." " ".' .,. , '.'" defendant, I~
~ are divorced from the bonds of matrimony. I:
~ The court retains jurisdiction of the following claims which have !~
8 been raised of record in this action for which a final order has not yet ! ~
~ been entered;
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:,~ hereto is incor~~~:~,~~:,~~:.~~~~,?~~~~:,' ,..""".., ,'.' ..".,.., :~
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