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HomeMy WebLinkAbout98-00124 \. " ~ ;r. ~I Lj ., ). ~ " "\r, ~ ~, ~ J " ,\, , " \ \ \ / ) I I / /' I .("1 .,. ~ ........ . . ...':) - c:::J >- ~ ........ ~ ~ . ~ fit, free from any control,rest.raint, harassment or interferen~e, indirect or direct, from each other. The foregoing provitlions shall not be taken to be an admission on the part of either party of the lawfulncss or unlawfuh\lJSs of the causes leading thom to live apart. 3. DIVORCE ACTION: 'rhe parties acknowledge that an action for divorce between them has been filcd by Husband in the Court of Common Pleas of Cumberland County, Pomlsylvania, Snyder t.. Snyder', No. 98.124 Civil Tcrm, In Divorce, The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to sottle, amicably and fully hereby, all claims which might be raised by either party in the divorce action, The parties acknowledge that they will execute, simultaneously horewith, the necessary Affidavits of Consent for the entry of a final divorce decree in UlO pcnding action, 4. LEGAL ADVICE: The parties acknowledge that Husband has been represented by Samuel W, Milkes, Esq, JACOBSEN & MILKES, as counsel in this matter, and that Wife has not been represented by legal counsel. Husband and Wife each lJcknowledge that they have received, or have had the opportunity to receive independe.nt legal advice from counsel of her or his selection prior to the execution of this Agreement, and that each has been providcd a copy of this agreement in advance of its execution. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed us to her or his legal rights and obligations, Each party acknowledges and accepts that this 2 Agreement is, under the circumstances, fail' and equitable, and that it is being entered into freely and voluntarily after Husband's consultation with his attorney and Wife's opportunity to consult with her own attorney, 1'he execution of the Agreement is not the result of ally duress or undue influence, and it is not the result of any collusion or improper illegal agreement or agreements. 'fha parties acknowledge that each has been fully informed of, or is familiar with, the wli'alth, property, state, and income of the other, and each party is hercby satisfied that such information is true and correct. Wife understands that she has the right to be represented but she does not wish to be represented. She agrees that the major terms of this agreement were Bet forth in a letter to her dated January 9, 1998, when she was served with the Divorce Complaint, and that she has had f.\ full opportunity to review these terms. She wao agrecs that she had not. consulted with Husband's attorney rcgarding this divorce, and that he has not advised her in t.his divorce. It PERSONAL PROPERTY: The partics have divided all personal property and each is full owner of the personal property now in his 01' her possli'ssion. Husband shlillretain full and complete owncrship of the 1990 Pontiac Grand Am, which is currently titled in his name, 6. ALIMONY AND HEALTH INSURANCE: The parties agree there is no alimony or spousal support to be paid by either. The parties further agree that neither has any obligation to provide the other with any hcalth insurance coverage, at the present time, or in the future, 7. CHILD CUSTODY: The partics are the parents of two children: Ryan 3 Douglas Snyder, born Novembcr 6, 1990, and Cory Lynn Snyder, born November 29, 1992. The parties llgree that the Order attllched to this agreement mllY be signed by a Judge, providing that the purents shure legal custody, and that Wife have primury physical custody of the children, while Husband shall have partial custody of the children, at times agreed upon by thc purties, In keeping with the type of schedule exercised in the past, 8. PENSION, CHECKING, AND SAVINGS ACCOUNTS: The purties agree that any pcnsion, retiremcnt, 401(k) plan, IRA plan, 01' any similur I'etirement type of plan or benefit, along with any checking, savings, or other cash assets are fully owned by each purty in whose name they ure currently hcld, Specifically, the purties agree that the lBEW Local No, 143 Annuity Plan, Pension Fund, and Health and Welfure Fund currently held by Husbwld ure considered his 801e property. 'rhe purties further agree that the attached Qualified Domestic Relations Order may be entered as an Order of Court, reflecting that Wife has no claim or interest in Husband's Pension, Annuity, or Health and Wclfurc fund, 9. DEBTS OF THE PARTIES: Each purty is solely liable for any and all debt in his or her name, and agreed to hold the other purty hurmless for any debt which may accrue to the non-liable purty, as a result of his or her indebtedness. The partics agree that thcy will not in the future contract or incur any debt or liability for which thc other party, his 01' her property or cstate, might be responsible and each furthcr agrees to indemnify and save harmless the other party against any claims that may bc asscrtcd by anyone against the other party by feason thereof. 4 10. NON.MERGER IN DIVORCE DECREE: The pllrties agree that in the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreemcnt, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties, 11. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, executc, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in ord~lr to give full force and effect to the provisions of this Agreement. 12. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in thiB Agrecment, the parties hereby remise, rclease, quit-claim and forever discharge each other and the estate of each other, for all time to come, and 1'01' all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, 01' otherwise, that they makc or hereafter malto in and to or against each other's estates or any parts thereof, whethcr by way 01' dowel' or curtesy, or under the intestatc laws, 01' the right to take 01' elect against the other's will, except only such rights as accrue pursuant to this Agreement. Each party hcreto agrees that he or she shall individually be responsible for any and all counsel fees and expenses incurred by him 01' her in connection with the preparation of this Agreement and the divorce between the parties. 13. NON.WAlVER: The failure of either party to insist in anyone or more 5 instfUlces upon the strict performance of any of' the terma hereof in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 14. RECONCILIATION: The parties agrec that in the event of a reconciliation between them, this Agreement shall continue in full force and effect l1nless terminated by mutual written consent 15. BREACH: In the event that either party breaches any provision of this Agrcement, he or she ahall be responsible for any and all costa incurred to enforcc the Agreement, including, but not limited to, court coats and counsel fees of the other party. In the cvcnt of breach, the other party shall have the right, at his or her election, to sue for damages for such brea.ch or to seek such othcr and additional remedies as may be available to him or her, including equitable enforcement of the Agreement 16. ENFORCEMENT: The parties agrec that thia Agrcement or any part or parts hereof may be enforced in any court of competcnt jurisdiction. 17. APPLICABLE LAW AND EXECUTION: Thc parties hereto agrce that this Agreement shall be construed undcr the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, execut.orll and assigns, Thill Agreement shall be executed as original in quadruplicate. 18. ENTIRE AGREEMENT: 'rhe parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them, There are no ot.her representations, warranties, promises, 6 I i j' 'r (1, I 'i. ;r, I~ ~ f: j 'l ~ C}. J ll- j:: r 5 r( u. r - o D (I 6 ~ ! uJ , C lj UJ () (l~ (1F (Xl \~ CJ 0 rules now exist, and as they may be amended in the future, including amendments to ret1ect any changes in applicable law. 7. The Alternate Recipients are hereby declared eligible to receive any Health aad Welfare benefits for which the Plan Participant or the beneficiary is eligible under the Plan. Specifically, these benefits include: Medical, Dental, Optical, and Prescription Plans, in addition to any components of the Health and Welfare Plan which might become available in the future for thc bencfit of children of the Plan Participant. 8. This Order shall rcmain in effect so long as either or both of thtl Alternate Recipients remain eligible for these types of benefits under the definitions of the Health and Welfare Plan as they now exist and as they may be modified from time to time in the futurc, 9. It is specifically provided that this Order does not. require the Plan to provide any type of former or current benefit, or any option, not otherwise provided for under the Plan, except to the extent necessary to meet thll requiremcnts of the law relating to Medical Child Support described in section 1908 of the Social Security Act (as added by section 13822 of the Omnibus Budget Reconciliation Act of 1993). In the event that future amendments to section 609 of the ERISA or changes in other laws applicable to the Plan hereafter change the required criteria for determining whether the Meclical Child Support Order constitutes a Quelified Medical Child Support Order, the criteria set forth in Article 3, Determinati0n Procedures, under the Procedures and Rules of the IBEW Local No, 143 governing Health and Welfare Plans shall be automatically amended to conform with the new criteria required by law. 10. Any benefits payments made by the Plan pursuant to this Qualified Medical Child Support Order, in reimbursement for expenses paid by an Alternate Recipient or any Alternate Recipient's custodial parent shall be made to the Alternate Recipienl. or the Alternate Recipient's custodial parent, as applicable, who is presently Annette Snyder, residing at 406 N. Bec\ford 3treet, Carlisle, Pennsylvania, 17013. Defen.dant is deemed to have been appointed by each of the Alternate Recipients to receive copies of notices sent to each Alternate Recipient with respect to this Order. 11. The procedures relating to this Qualified Medical Child Support Order and the rules governing implementation of this Order are the Procedures and Rules of the IBEW Local No. 143 Health and Welfare Plan, relating to Medical Child Support Orders, as those Procedures and Rules now exist and as they may be amended in the future, inclurling amendments to reflect any changes in applicable law. 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