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HomeMy WebLinkAbout98-00507 2t ... o "\S \! Q, \l ~ ~ & ~! o ~ ~ q: ~ ~' / (' \.. ~ :-- ~ .";) ~ 1:"- ~ . 0.. 0-- ,'-- '~ _.,~ ' -*'*~-~~**~~~*~-~**~~)'*:'~::~~~..~_.~~'~~ ~ ~-~_........_.-.-..---------"'......-------........ ~ ,.' ~ ~ ~ : IN THE COURT OF COMMON PLEAS ~ ~" ~ ~ ~.~ , , . , . . f,h,e, ~~~~~~~q .I'1~~i~~! ,s~~ge.l"fl~!1~ .~g~~~r:n~,n,t, i~. ~~~e.qy' !'1~C?~p'qr.a.t~?1 .b.u.t. '19~ . . w ~:~ , ,l1,l!lrgl)~., ilJt.o. tJ:li_s))e,Cf!l!l,i.n. PNC?rQI1., , , , , , , . , , , , , , , , , _ , , , , , , , , , , , , , - , , , , , , , , , , ~ ~" ~/ 1-' ; D ,'h 0 cY;t,; , ~ Allest: /' ":-/. ,...) L/_ r r-a,,;tw ~ -^<Y1!f ~ H~~= , ,Xc~, ~ ~ ~ ~ ~ ,.. . - ........-......-----------------~---~_.- -~-, - --'- ~-~-..--~.~~.....~_._~,.-, _.------_.~---.........-, ~ ,..:- ->>:-. ~:. .>>:. .:.:. .~:. .: I' .:to:. .:+:' .:+:. .:+:. .:+:. .:+:. .:+:- .:+:. .:+:- .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. .:+:. ':0:' -:.:. .:+:. .:+:. .:.:. .:+:. .:+:. ,', ~ ~ COUNTY OF CUMBERLAND STATE OF ?~~. ~~~:t . PENNA, ,', ~ ,'. ~ w ~.~ I'~ ~ I'~ ~ ~ ~.~ C~I~IS:r.Il'I,~_p. D i>AR DORFF,. , HHH" H))Illil1.ti~r. 'H' H II I N (), ..,.......~.8_.::..~.~7 ~Iy,~~...... I 'I ~ ~.~ VeI'.'iliS rt! ~.I ,', ~ I'; ~ 0'\ ~ ~i ~" ~ ~', ~ ~! ~ ,,; ,', ~ ~ .. .' .... uI>AI'IIE,k~. I>.EA RD9 RFF. H Defendant DECREE IN DIVORCE AND NOW, ,.~",WL:-.. y:l,.......... _. 19q~.., it is ordered and decreed that ',."", ,~~~i~~i,n,e,~: ,I?~~~~~~f,f, , , , , , , . , , , , , . , .. , . , " plaintiff, and. , , , , , , , , ,ql!l)i,e,l,l~~ p~~r,d.o,rrr. , . , _ , , . , , , , , , , , , , , , , , , , , , , . , " defendant, are divorced from the bonds of matrimony. ,', ~ ~ (; ~ ... .. t ~.~ 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; \VO\.N2. t ~.' ~ ~. ~-(4;,/~;y.. '7 ~~olh~~otnrY .'~ ~ ,'~ ~ *. ',' t ~,~ t ~.' ,'~ ~ .'~ ~ I'~ ~ ,'~ ~ .~ ~ t ~.' *- ',' !", ~ ~ ~.: ~ ~.' t ~.~ ~, ~ ,', ~ ~.~ ~ ,', ~ ~ ~': ~ '.~ ,', ~ ~ *- ',' *- "~ *- ',' ~ ',' $ ~ J. ~ e ~ o o , . . T ABLE OF CONTENTS HEADING PAGE 1. ADVICE OF COUNSEL 2 2. DISCLOSURE OF ASSETS 3 3. PERSONAL RIGHTS 3 4, MUTUAL CONSENT DIVORCE 4 5. EQUITABLE DISTRIBUTION 4 (a) Real Property 4 (b) Furnishings and Personal Property 6 (c) Motor Vehicles 6 (d) Life Insurance 7 (e) Pension and Retirement Benefits 7 (I) Stock, Stock Accounts, Cash Accounts and Investments 8 (g) Hershey Country Club Membership 9 (h) Lump Sum to Wife 9 (i) Miscellaneous Property 10 (j) Property to Wife 10 (k) Property to Husband 10 (I) Assumption of Encumbrances 11 (m) Liability Not Listed 11 (n) Indemnification of Wife 12 (0) Indemnification of Husband 12 (P) Warranty as to Future Obligations 12 i '-' . TABLE OF CONTENTS (continued) HEADING PAGE 6. ALIMONY 13 (a) Periodic Payments 13 (b) Tennination 13 (c) Tax Consequences 13 (d) No Modification 13 7, COUNSEL FEES, COSTS AND EXPENSES 14 8, CHILD CUSTODY 14 9. CHILD SUPPORT 15 (a) Periodic Pa)n1cnts 15 (b) Undergraduate College Expenses 15 10. WAIVER OF INHERITANCE RIGHTS 15 11. WAIVER OF BENEFICIARY DESIGNATION 16 12, RELEASE OF CLAIMS 16 13. PRESERVATION OF RECORDS 18 14, MODIFICATION 18 15, SEVERABILITY 18 16, BREACH 19 17, WAIVER OF BREACH 19 18, NOTICE 19 19, APPLICABLE LAW 19 20, DATE OF EXECUTION 20 .( Ii; ii . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENTJ. m.d, <hi, !l!I.y ,% ' ]998, by "d between DANIEL K, DEARDORFF, of Cumberland County, Pennsylvania, and CHRISTINE D, DEARDORFF, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Daniel K, Deardorff (hereinafter referred to as "Husband"), social seeurity number 136-40-9016, was born on May 17, 1948, and presently resides at 1206 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013; WHEREAS, Christine D, Deardorff (hereinafter referred to as "Wife"), social security number 203-42-4529, was born 011 November 22, 1951, and presently resides at 1206 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013; WHEREAS, the panies hereto are husband and wife, having been lawfully married on . \ , I March 21,1981, in Carlisle, Cumberland County, Pennsylvania and have liI-ed separate and apan since on or about December IS, 1997; Ii , ' I' t I ! WHEREAS, one child was born of the marriage between the parties: Christian Daniel Deardorff, date of birth January 2], 1983; WHEREAS, the panies hereto are desirous of settling fully and finally their respective I t [, j 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, the support and maintenance of one another and of their minor child and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 \ . NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the 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. Each party acknowledges that he or she has had the opportunity to obtain independent legal advice from counsel of his or her selection (John C. Howell, Jr" Esquire, counsel for Husband; John J, Connelly, Jr" Esquire, counsel for Wife) and that each fully understands the facts and his or her legal rights and obligations, and 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, and that the 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, In addition, each party hereto acknowledges that he or she is fully aware of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to detennine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully aware of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the temlS and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any detennination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 , " . 2. DISCLOSURE OF ASSETS, Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery pemlitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, Each of the parties further acknowledges that he or she understands the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of compelentjurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereofin this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them, Each of the parties hereto further cove,nants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, 3 direct or indirect, by the other. Each may residc at such place or places as he or she may selcct. . \ >, " ,( " I /: Each may, for his or her scparate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable, Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or allempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her, Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other, . 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on or , about January 28, 1998, Wife initiated an action for divorce under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No, 98-Civil-S07, It is the intention of the parties, and the parties agree, that by this Agreement they have resolved J all ancillary economic issues related to their divorce and thus this or any other divorce action ') \ , I with respect to these parties shall be limited to a claim for divorce only, The parties acknowledge that the ninety (90) day waiting period provided for under S3301(c) of the Divorce J Ii ! i I. l ~1 Code has expired and thus the parties agree that, contemporaneously with the execution of this Agreement, each will sign an Affidavit of Consent to Divorce and Waiver ofl'\otice ofIntention to Request Entry of Divorce Decree and deliver same to counsel for Wife who promptly shall submit said Affidavits and Waivers to the court, along with a Praecipe to Transmit Record, Vital Statistics Fonn and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EOUlTABLE DISTRIBUTION. (a) Real Pronertv. The parties acknowledge that they are the owners, as tenants by the entirety, of the real property located at 1206 Sherwood Drive, Carlisle, 4 . Cumberland County, Pennsylvania, 17013 (hereinafter referred to as the "Marital Residence"), The parties agree as follows with respect to the Marital Residence: (1) Contcmporaneously with the execution of this Agreement, Husband and Wife shall deliver to Husband an appropriate decd, to be prepared by Husband's counsel in a foml satisfactory to Wife, conveying to Husband all of the parties' right, title, claim and interest in and to the Marital Residencc, Thereafter, Husband shall be the sole owner of the Marital Residence and shall be pennitted to record said deed and take any other action with respect thereto that he deems appropriate, Wife shall vacate the Marital Residence not later than June 13, 1998, (2) Wife agrces that as of the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and she further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy, (3) As of the date of execution of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including but not limited to the mortgage held by Husband's parents, the joint line of credit with Financial Trust Company, any other mortgages, loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. 5 . (4) Wife hereby waives, for all time, any and all past, present or future right, title, claim or interest in and to the eight (8) aeres of mountain land in Lehigh County that Husband owns with his sister. (b) Furnlshlnl!s and Personal Propertv. The parties agree that they will divide by agreement between themselves all fumishings and personalty currently located in the Marital Residence, including all fumiture, furnishings, antiqucs, rugs, carpets, household applianccs and equipment. If the parties are unable to agree upon an appropriate distribution of the said personalty and furnishings, then such shall be divided by altemating choiee with Wife to have the selection of the first item, Husband to have selection of the second and third items, and the parties to alternate one item each thereafter until all the fumishings and personalty have been divided. Notwithstanding the foregoing, Husband shall retain his stamp collection as his sole and separate property, free of any and all right, title, claim or interest of Wife and Wife shall retain her jewelry as her sole and separate property free of any and all right, title, claim or interest of Husband, (e) !\Iotor Vehicles. (I) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1997 Oldsmobile Bravada automobile, currently titled injoint names, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separatc property the 1997 Pontiac Sunfire automobile currently titled in Husband's name alonc, along with all rights under any insurance policiestherecn and with 6 responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife, (3) Wife and Husband agrcc to execute, acknowledge and deliver, within thirty (30) days of a request by the other, any and all instruments or documents necessary to effectuate the transfer of vehicles and insurance responsibility pursuant to the tenns of this subparagraph. (4) Wife and Husband agree that each will indemnify and hold the other and his or her property hannless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicles awarded to each party by the temlS of this subparagraph. (d) Life Insurance. Wife agrees that Husband shall receive, as his sole and separate property, free of any and all right, tille, claim or interest of Wife, any and all life insurance policies owned by or insuring the life of Husband, including all incidents of ownership pertaining thereto, including cash value, if any, Husband agrees that Wife shall receive, as her sole and separate property, free of any and all right, tille, claim or interest of Husband, any and all life insurance p<?licies owned by or insuring the life of Wife, including all incidents of ownership pertaining thereto, including cash value, if any, (e) Pension and Retirement Benefits. (I) Other than as specifically set forth in subparagraph (2) below, the parties agree that Husband shall receive, as his sole and separate property, free of any and all right, title, claim or interest of Wife, his profit sharing plan with his law finn, Marston, Deardorff, Williams & Otto. 7 (2) Notwithstanding the foregoing, the parties agree that Wife shall receive, as her sole and separate property, free of any and all right, title, claim or interest of Husband, the sum of Forty-Five Thousand Dollars ($45,000) from Husband's law finn profit sharing plan. Said transfer to Wife is intended to be accomplished without penalties or adverse tax consequences and thus shall be by rollOl'er to an individual retirement account in Wife's name alone by means of a Domestic Relations Order (hereinafter referred to as "DR 0") or Qualified Domestic Relations Order (hereinafter referred to as "QDRO") to be prepared by Harry M, Leister, Jr" F.S,A. of Conrad M, Siegel, Inc" with the cost of Mr, Leister's services to be borne by Husband, The parties further agree that they will cooperate with one another to accomplish the transfer of the profit sharing funds to Wife and that both shall execute a stipulation for the entry of a DRO or QDRO which shall be prepared by counsel for Husband, (3) Except as otherwise specifically provided herein, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40 I (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (I) Stock. Stock Accounts, Cash Accounts and IIl\'estments. (1) The parties agree that Husband shall retain and receive as his sole and separate property, free of any and all right, title, claim or interest of Wife, his ten 8 . I \ \ I , r \~ I ; ( ii. : ~ I" : ~\ <. i If, I! ,. l: .' (10) shares of his law fiml known as Marston, Deardorff, Williams & Olio; his one thousand (1000) shares oflntegrated Food Technologies stock; his sixty-seven (67) shares of Keystone Financial stock; and trust funds of an undelennined amount to vest in the future from Husband's uncle, Husband shall receive as his sole and separate property the parties' joint checking account No. 521973 at Financial Trust Company, In addition, Husband also shall receive as his sole and separate property, free of any and all right, title, claim or interest of Wife, any and all other stocks, investments, bonds or cash accounts currently in his own name including checking and savings accounts, money market accounts, certificates of deposit, stock accounts, ete. (2) The parties agree that Wife shall receive, as her sole and separate property, free of any and all right, title, claim or interest of Husband, any and all stocks, investments, bonds or cash accounts currently in her name alone, including checking and savings accounts, money market accounts, certificates of deposit, stock accounts, etc, (g) Hershey Country Cluh Memhership. Wife shall receive, as her sole and separate property, any and all right, title, claim or interest in and to the parties' formerly joint Hershey Country Club membership, now transferred to \Vife's name alone. In addition, Husband agrees that he promptly shall withdraw his pending suit against the Hershey Country Club and Craig Kandravi. (h) Lump Sum to Wife. As part of the equitable distribution of the parties' marital property, Husband shall pay to Wife the sum of One Hundred Ten Thousand Dollars (5110,000), The first Four Thousand Dollars (54,000) of that sum shall be paid to Wife upon the execution dale of this Agreement. The remainder shall be payable to Wife within thirty (30) days of the date of execulion of this Agreement. This lump sum payment to Wife is in the 9 . ,I ''. " I, ';' J Ii . . . nature ofa property distribution and thus shall not be includeable in Wife's income nor deductible by Husband for tax purposes, (I) Miscellaneous Propcrtv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (j) Propcrtv to Wlfc. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the tenns of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such properly from Husband to Wife. (k) PrODcrty to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife. the properly awarded to him by the tenns of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such properly, and waives and relinquishes any and all rights thereto, togetht:r with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such properly from Wife to Husband, 10 , , , , . (I) AssumDtlon of Encumbrances, (1) Husband shall be solely liable for any and all obligations he has incurred on any credit card accounts issued in his name alone and he shall indcmnify and hold Wife and her property harmless from any liability associated with said accounts, In addition to the other obligations Husband assumes hereunder, he also shall be solely responsible for repayment of any and all loans to the parties from Husband's parents, along with any and all (2) Wife shall be solely liable for any and all obligations she liabilities associated with his law practice, Husband shall take all steps necessary to insure Wife's release from said obligations and he shall indemnify and hold Wife and her property harmless from any liability associated therewith, has incurred on any credit card accounts issued in her name alone and she shall indemnifY and hold Husband and his property harmless from any liability associated with said accounts, (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to '\ , 1 the effective date of this Agreement, and each party agrees to indemnify and hold hannless the ,i other party and his or her property from any claim or liability that the other party will suffer or may be required tei pay because of such debts, encumbrances or liens, (m) Liabilit" Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable, A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property hamlless from any and all such debts, obligations and liabilities, 11 '"' , , . . . (n) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith, (0) Indemnification of Husband, Ifany claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damag~ or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incuned by Husband in connection therewith, (p) Warrantv as to Future Oblil!ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate ~13Y be responsible, From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability, Each party hereby agrees to indemnifY, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 12 . . ", . . 6. ALIMONY. (a) Periodle Pavments. In consideration of the factors set forth in the Divorce Code, commencing in the month in which a divorce decree is entered with respect to the parties, Husband shall pay directly to Wife, for her support and maintenance, the sum of Two Hundred Dollars ($200) per month, (b) Termination. Notwithstanding the foregoing, Husband's obligation to pay alimony to Wife shall cease absolutely upon the first to occur of (I) Husband's death, (2) Wife's death, (3) Wife's remarriage or (4) Wife's cohabitation with another adult who is not a relative. (c) Tax ConseQuences. The payments from Husband to Wife pursuant to this paragraph are intended to be "alimony" as that tenn is defined in the Internal Revenue Code. As such, said payments shall be includeable in Wife's income and deductible by Husband for tax purposes. Each party warrants that he or she will treat said pa)1nents as alimony taxable to the recipient and neither shall take an inconsistent position on any tax return he or she files hereafter. (d) No Modification. Except as specifically set fonh herein, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support andJor maintenance or other like benefits resulting from the parties' status as husband and wife, The parties further release and waive any rights they may have to seek modification of the tenns of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final detemlination for all time of either party's obligation to contribute to the support and maintenance of the other. 13 . . . . . 7. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. CHILD CUSTODY. Wife shall be entitled to claim the dependency exemption for the parties' son, The parties shall make major decisions affecting the child together, including but not limited to medical, religious and educational decisions, The parties agree to discuss and consult one another on these decisions with a view to adopting a hannonious policy calculated to promoting the child's best intercsts. Each party has a right to be kept infonned of the child's educational and medical development and shall have a right of access to the child's educational and medical records, Each party shall be entitled to complete and full infonnation concerning the child from each other and from any doctor, dentist, teacher, therapist or similar authority, and to have copies of any reports, notices or other communications given to either party as a parent. Each party shall notifY the other of any matter relating to the child which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the respon,sibility of the parent having physical custody at that time, Additionally, the parent having physical custody of the child at the time of an emergency shall have the right to make any immediate decisions necessitated thereby, but he or she shall infomlthe other parent of the emergency as soon as possible, Each party shall have reasonable telephone and mail access to the child when in the custody of the other parent. Neither party shall impair the other party's right to custody or interfere with the other parent's custody when the child is with that parent. Neither party shall disparage the other party in front of the child, attempt to alienate the affections of the child from the other pnrty, or allow third parties to attempt to alienate the 14 ,~ . affections of the child from the other parl)', The parties do not wish to establish a schedule of physical custody at this time and they recognize that such will be the subject of periodic negotiations between them. The parties agree to cooperate in scheduling their son's custodial time with the other, taking into aeeountthe child's activities, schedules and desires, 9. CmLD SUPPORT. (a) Periodic Payments. Husband shall pay to Wife the sum of Six Hundred Dollars ($600) per month for the support of their minor child until the child attains age twenty (20) or graduates from high school, whichever is first to occur. The parties further agree that Husband shall continue to make these periodic payments to Wife even if the parties' son is residing primarily with Husband, As security for these payments, Husband shall maintain a minimum of Thirty Thousand Dollars ($30,000) insurance on his life for the benefit of Christian until the child attains age twenty (20), Husband agrees that he also shall pay Christian's tuition at the Harrisburg Academy until he graduates from high school from custodial funds Husband holds on son's behalf. (b) Under!!raduate Colle!!e Exnenses. The parties acknowledge that their son is the beneficiary of certain trusts established to pay for tuition, room and board, books and other major college expenses, However, Husband agrees that he will pay for his son's clothing and miscellaneous expenses while his son is in pursuit of his undergraduate degree if Husband is consulted with respect to the choice of edueational institution and his approval thereof is obtained, such approval not to be unreasonably withheld, and provided that Christian is a full-time student and maintains at least a 2.0 average on a 4,0 scale, Notwithstanding the foregoing, however, in no event shall Husband's obligation under the tenns of this subparagraph extend beyond the child's twenty-fourth (24th) birthday, 10. WAIVER OF INHERITAJliCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of in herita nee in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any 15 ~ , I' , . . . . additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the tenus of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifieally set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the tenus of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the tenus of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. Ifand in the event the other party continues to be named as beneficiary and no alternate beneficiary is , I otherwise designa~ed, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this 12. RELEASE OF CLAIMS. i ( ~'1 waiver provision shall not bar that party from qualifying as such beneficiary. I (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pur:'Ul1nt to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to 16 .~ !,~ , . , , , , . division of their property except as provided for in this Agreemcnt. Furthennorc, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any elaim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or doeument executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose ofthe same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which eith~r party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expens~s, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions, Neither party shall have any obligation to the other not expressly set forth herein, (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, 17 \ administrators, ass,igns, property and estate from any and all rights, claims, demands or obligations arisinl~ut of or by virtue of the marital relationship of the parties whether now .., ',: , :~ . , , , ,,":'j) . ,~. :,:10:1 " claims arise out of any former or future acts, contracts, cngagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the 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 state, commonwealth or territory of the United States, or any other country, (d) Except for the obligations ofthe parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had , , or now has against the other. ( , 13, PRESERVATION OF RECORDS. Each party will keep and preserve for a period of fou~ (4) years from the date ofthcir divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits, 14, MODIFICATION. No modification, rescission, or amendment to this ~ . " i Agreement shall be effective unless in writing signed by each of the parties hereto, 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof 18 \ I . . . . . , , . . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~\"\ J ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared DANIEL K, DEARDORFF, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this.!f!j day of /}f/o ,1998 My commission expires: NOTARIAL SEAL DEBRA M, SHIMP, Notary Publ1c Harrisburg, Dauphin County, PA m~.IQ~ EX Ires, Au .2,3~2QQL. 23 " I " . , I ' I' ,~ , COMMONWEALTH OF PENNSYLVANIA COUNTY OF rn~ . '- ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINE D. DEARDORFF known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed, I (~ / "lG:~/i UNDER MY HAND AND SEAL OF OFFICE this ~ day of LL~ ,1998. \ ;)f\. , My commission expires: NOTARIAL SEAL DEBRA M, SHIMP, Nalar: pubnc H8rrisburg. Dauphin County. PA M Commission Expires Au . 23, 2001 24 . >- ,.... -- r:l; c: r.- ;:;: .::-: U.J~~ ..:J ::).( c:.~) j'i., C}', u: :r: n:: ("): " CJt;;; (:.},::~ r '>.' Co ~- -,'.:) C1C: lJiO' ; ," -. i5.~ S~ ff:!,f~ l:.:iij r.!:: " , I. :.1.. , U. -;.: 0 n':} ;:> 0" () . . ~ ~ r-' f::: ~ c: :?: .' :':14 0 ..:J o:::? ~~; :-c (')4 ..G .- <.~ '''~.' 0_ n~ ( 'ic 0 ;;:(.::) Lt.. :":".;>:: u.J 0.. ' - n:Z reLLI :3 ulUJ \', rE uJO.. 1. ""')', -"0 .....- IJ. CO :::J 0 CT', U ,. >- .-" ~ ~ c: .'- 5 .. -J,_ .:3 ()=5.~ UJz ~C:, ~ i:")~-: :.r "- (1~ ~'- /r 0 Cl ::~2 6~ UJt:L n:i5 _llU ;r.: Ht!.. (I: -r. :=J roo.. F ..., ~ u.. ..0 :::> 0 c' (.) , , (~.,-" ..~ CHRISTINE D. DEARDORFF, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. qg' - 507 C illi I DANIEL K. DEARDORFF, DEFENDANT CIVIL ACTION - LAW IN DIVORCE .NQJEE You have been sued in Court. If you wish to defend against the claims set forlh in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. "_n_ .. ..I_:_:..~...._ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 PI,uu". (it.,., "I{l eaw Plaintiff may have Ihe right to requestthatthc Court require the parties to participate in counseling. The parties to Ihis action have been separated since December of 1997. COUNT IT CLAIM FOR EOUITABLE DISTRmUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. Plaintiff requests Ihe Court to enter a Decree in Divorce. 11. Plaintiff avers Ihat she is the innocent and injured spouse, and thatlhe Defendant has offered such indignities to Ihe Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. 13. Plaintiff and Defendant are Ihe owners of various personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject l , to equitable distribution by Ihis Court. ~OUNT m CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 16. Plaintiff requires reasonable alimony to adequately maintain herself in accordance 14. Plaintiff is unable to support herself through appropriate employment. 15. Plaintifflacks sufficient property and income to provide for her reasonable needs. with the standard established during the marriage. 17. Defendant is financially able to provide for the reasonable needs of the Plaintiff. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEFS AND EXPENSFS UNDER SECTION 3702 OF THE DIVORCE CODE 18. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 19. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equilably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite in Plaintiff's counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. CONNELLY, REID & SPADE Date: \ \ V; ~ D' ~ 17101 I"" .' HIH157FlEV110 CQl.ll,l()tffl[A17H or PENNSYlVANIA Df:f'AIUl.lEHT Of' HFA17H VITAL RECORDS COUNTY Cumberland DIVORCE o RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FILE NUMDER STATE FILE DATE HUSBAND 1. NAME (Fiul) Daniel (Middle) 1(. (Laft) Deardorff 3. RESIDENCE Street or R.D. CilY. Boro. or Twp. County Slate 2. DATE OF BIRTH 4. PLACE OF BIRTH USUAL OCCUPATION (Month) (DdY) 05-17-48 "'" 1206 Sherwood Drive, Carlisle, Cumberland, Pennsylvania 17013 $. NUMBER 8. RACE 7. OF THIS 2 WHITE BLACK OTHER (Specify) MARRIAGE Kl 0 0 WIFE (State or Foreign Country) Pennsylvania Attorney B. MAIDEN NAME DZVONIK (Fjrst) Christine (Middle) (L.st) Deardorff g. DATE OF BIRTH 11. PLACE OF BIRTH 14. USUAL OCCUPATION (Month) (Day) "'" D. 11-22-51 to. RESIOENCE Streel or R.D. CilY. BotO. or Twp. County 1206 Sherwood Drive, Carlisle, Cumberland, Pennsylvania 17013 t2. NUMBER 8. RACE OF THIS WHITE MARRIAGE 3 IX] Sl.te (5"/0 or Foreign Country) Pennsylvania BLACK o OTHER (Spoclly) o Music Teacher/Musician ", PLACE OF (County) (Stare or Foreign Country) l6, DATE OF (Month) (Day) ()'Var) THIS Penns Ivania THIS 03-21-81 MARRIAGE Cumberland MARRIAGE 17A. NUMBER OF 17B. NUMBER OF DEPENDENT 18, PLAINTIFF 19, DECREE GRANTED TO CHILDREN THIS CHILDREN UNDER 18 HUSBAND WIFE HUSBAND WIFE OTHER (SpeCify) MARRIAGE 1 1 0 Kl 0 IXI 0 20, NUMBER OF HUSDANO WIFE SPLIT CUSTODY OTHER (SpecIfy) CHILDREN 10 0 ID 0 CUSTODY OF 22. DATE OF DECREE (Month) (O.y) (Year) 2'. SIGNATURE OF TRANSCRIBING CLERK 21. LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 3301 of the Divorce Code DATE REPORT SENT (Month) (O.y) 10 VITAL RECORDS (\11,,) _"l" ~.. ..- I- tr: (..: " -L .. ) 1:.- ('~ ( ( , 0 lLl-> ..- ("l'" '" J,";,j rt~,' (,l.~ I ~h t!;.l ..: ....1 N ,- ~(-~, "'~-' U;.;t~ ... ttt.- .... r~: -j ~-) II. liJ D Q U' a, '-0 o "C) ~ ~ ,,~ ~ ~ 0.. '-:. , ~% ~ -a. :l: .J::: l;) " OJ o! ~ '<: ~ , Cl t't) II cr l)Cl I c:- tx:l I 0> IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) NO, 98 - 507 CIVIL CHRISTINE D. DEARDORFF, Plaintiff DANIEL K, DEARDORFF, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION AND NOW come the parties hereto, by and through their counsel, John C, Howell, Jr" Esquire, for Defendant Daniel K. Deardorff(hereinafter "Dan"), and John 1. Connelly, Jr" Esquire, for Plaintiff Christine D, Deardorff(hereinafter"Christine"), who stipulate and agree as follows: I. The Bill of Particulars filed by Christine shall be removed from the file of this case maintained by the Prothonotary of the Court of Common Pleas of Cumberland County and the original of this Stipulation shall be substituted therefor, 2, Christine shall have the right to refile the Bill of Particulars at any time without restriction, but ifrefiled, Dan shall have the right to request the Court that it be done under seal. With the intent to be legally bound hereby, the parties by and through their counsel set their hands and seals the date indicated, Date: 3 f q (~ t I ' \ r[ Joh C, owell, Jr" Esquire Counsel for Defendant Daniel K. Deardorff Date: ~I~ C; 'C (' 0'01@C' \. .)~ \.- I '., . ----""- 'iJlrV\..'_' John 1. Cpnnellx, Jr" Esquire cbunsel for-ElaihtiffChristine D. D ........... --- v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98 - 507 CIVIL CHRISTINE D. DEARDORFF, Plaintiff DANIEL K. DEARDORFF, Defendant CIVIL ACTION. LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss, COUNTY OF DAUPHIN AND NOW, this~day of tlfl3UJ) ~ , 199B, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who;\ being duly sworn according to law, deposes and says that lJlVOfC<':" a copy of the Complaint in C",_ .<ltl ( was served on the Defendant, Daniel K, Deardorff, on February 7, 199B by certified mail number P 397 739 955, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof, Sworn to and subscribed before me this '- ~ , 199B, NOTARIAL SEAL JEAN L, KOSIER, Notary Public City of Harrl'burg, Dauphin County My Commls::lon Explrfl'J Nov. 29. 1999 -- ell ~ b; Lr: "'- Z ~- ~~ ::J....; 'UJr-: o~. f('. u~ ..( .I (\.: J.._") -~ ol.f.:.. 0;:.. ~(' ~.I ;>_ tn' ~...... CJ) I., I :.~/.= UJi.c r.em cr:~~. ~.... I.IJI.! ...;.: rou.. F ~ ~;: C'_ C'<: :5 0 (,:, U ..... .. participate in counseling prior to a divorce decree being handed down by the Court, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: f.p-(?-9f a-tUJ~.!~ "dJ, Aa/ell Christine D, Deardorff, Pial tlf F . 1,1 I ,'.1 'I ','., ,( ), , ~ ,-. (; , ~ c: ~ 13 .:I 5.._ U.l~.~ (),:~ oC' ft ., n: CJ:'ze , ~iE ;::, ~::i () '0 ~~ ,..... f,.: ."u) ~I':", :':12 co.,. t.J:1I1 -,' I ;i(/] FE :::J cn a.. ., ~. u. ro :3 ,0. m U , ! J " ':\ " r, TO YOU "'''1 HUII'I' "OTI'IIO TO 'I.UD TO THI IHCLOIID WITHIN TWlNTY Ilot DAy..... ..GI~ HUla' 0.. A al,AULT JUDa""NT u-u IHfllllD ADAIN" YOU. I.^W OIJFICI! JAMES, SMITH. DU~IN & CONNELLY . P. 0, nox Mil Hp.RSlmy, PP.NNSYI.V^NI^ 17033.{)6~O "nOllftlr'f WI HI"IIV CllnI'Y TlIAT nil WITHIN II A '''UI AND CO""ICT co~y 0' 'tll O",~IN'" "ilia IN THII ACTION IY IY AffOMllT CHRISTINE D. DEARDORFF. Plaintiff IN THE COURT OF COMMON PLEAS :el1~IBB!WANOCOUNTY. PENNSYLVANIA v. NO. 98-507 CIVIL DANIEL K. DEARDORFF, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. Section 4904, relating to unsworn falsification to authorities, Date: (p-q-C;<ir ~4','1&-"/ ~ 4(?t?-1/~~_ Christine D. Deardorff, Plai t ~ ,... cr i$ ~ C;; I-" t1~) .. ~. ..::t ~5 _ EEP ..... o::~ g~ - (0":;"';.' , c CL. ~ ~~' 0- <::l !!Z);;:j .!B,e - :!;"'i~ G:ly - .;".'1,;':' ll~ ...:..~. I f.';: ::s ,/;.i:: ;rjtU 13 " J ,_L.l: fR ..-. ::5 CJ C"::P'~' y', ii ~~ ,e~-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE D, DEARDORFF, Plaintiff v, ) ) ) ) ) ) ) NO, 98 - 507 CIVIL DANIEL K. DEARDORFF, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on January 28, 1998. 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 verity that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C_S,A. ~4904, relating to unsworn falsification to authorities, Date: ((; - (1-1~ o(~ k. . fr. 1"" ~ ." C. ,- ::)~:r UJQ ..:J Cl=.~; ~f:! ,~~.:., r.,- :.:-- '-")-:j elf!. ~.<;:: q 0 ~;t'~ 6C" _1,-. ':-{"" -~..-... ..,.....- Et~F ... ; L1IU ;::. IUO- r..: ..., ::..s :s 00 :::> C', u , i \ \ , I , i I ! , , I I ..... >- I~' ~ ,...- c:: 4: ~'.. '=', ., :';'...1. t1J~:~ .:1 '. ):-,; u.-- :....: ;...~l~ EO ~c: C\.. ~'c Cl ..... rfj 1-'-1'':- ',.;.:: -z O:::-..\t: ~,- ,;hu l.1_j: ::..:.; UjC.l.. 1-- -; ~~ LL ro =- (;) c' (,) r, , " CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing Praecipe to Withdraw Appearance upon the Attorney for Plaintiff by sending the same by first- class mail postage paid addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly 108-112 Walnut Street Harrisburg, PA 17101 7&fJt(~are SNELBAKER, BRENNEMAN & SPARE, P.C, 44 West Main street Mechanicsburg, PA 17055-0318 Attorneys for Daniel K, Deardorff, Defendant Dated: March 16, 1998 - \ .'- -~"." - - , , It is the responsibility of the Alternate Payee to keep a current mailing address on liIe with the Plan at all times, 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $45,000, 8, The amount designated in Paragraph 7 shall not be paid directly to the Alternate Payee but such amount shall be paid as soon as administratively feasible in a single lump sum distribution, to the Individual Retirement Account custodian indicated on the payment election fonns, The Alternate Payee intends to complete the payment election fonns of the Plan Sponsor to effectuate any such transfer, 9, This QDRO docs not require the Plan to provide any type or fonn of benefit the Plan docs not otherwise provide, 10. This QDRO docs not require the Plan to provide increased benefits. 11, This QDRO does not require the Plan to pay any benefits which another order previously detennined to be a Qualified Domestic Relations Order requires the Plan to pay to another Alternate Payee. 12, On and after the date this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions and the right to direct her Plan investments to the extent pennilled under the Plan. \3, All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such infonnation as the Plan Administrator may reasonably require from such parties. 14, It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code 9414 (p), as it may be amended from time to time, 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the tenns of this QDRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that arc not assigned to her pursuant to the tenns ofthis QDRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. , 18, Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code ~~401(a)(II) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 ofthis QDRO. The sole purpose of this Paragraph 18 is to ensure payment to the Alternate Payee in ease ofPartieipant's death prior to payment by the Plan of the amount described in Paragraph 7 of this QDRO, In case of the Alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee's estate. " 1-;;\ ,j :l'l · l ~: I, ), { , 16. Afier payment ofthe amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan, 17. The Alternate Payee assumes sole responsibility for the tnx consequences ofthe distribution under this QDRO, , ",;,1 19, The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for detennining the qualified status of this QDRO. The Plan Administrator shall detennine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the detennination within a reasonable period of time afier receipt of this QDRO. .- , The Court retains jurisdiction over this matter as provided by law. ~t,}IJ J- · L fElt? ) ) Signed: ') \ , I BYTHECOURT://I / ", . l: / \~V I Ii Judge I ~ I 0.:: n't:{ ,.. ,,!'-l )'C((":C'~ " -. :: "';_" ,l:,~ '--'i., . "'io/I'( 98/:/1" I 1"7 ;1 '. ['/, -/ ~: nO CU\-. ' .<.... r~.i:.,:r'. ":.~ ';. j ..../- f . '-,,\,," ""." . ~:L: ::',,~.~;'ii)' 'I '. ~ -- . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE D, DEARDORFF, Plaintiff ) ) ) ) ) ) ) CIVIL ACTION - LAW IN DIVORCE v, NO, 98 CIVIL 507 DANIEL K, DEARDORFF, Defendant OUALlFIED DOMESTIC RELATIONS ORDER I, The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of S414(P) of the Internal Revenue Code of 1986 ("Code"). 2, This Order creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 3, This QDRO relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between Participant and Alternate Payee entered into May 4,1998. 4, This QDRO applies to the Martson, Deardorff, Williams & Otto Profit Sharing Plan ("Plan") and any successor thereto, Daniel K, Deardorff ("Participant") is a Participant in the Plan, Christine D. Deardorff ("Alternate Payee") is the Alternate Payee for purposes of this QDRO, 5. The Participant's name, mailing address, Social Security number and date of birth are: Daniel K, Deardorff 1206 Sherwood Drive Carlisle, PA 17013 Social Security No.: 136-40-9016 Date of Birth: May 17,1948 6, birth are: The Alternate Payee's name, mailing address, Social Security number and date of Christine D, Deardorff 1206 Sherwood Drive Carlisle, PA 17013 Social Security No,: 203-42-4529 Date of Birth: November 22,1951 EXHIBIT I "A" It is the responsibility of the Alternate Payee to kecp a currcntmailing addrcss on file with thc Plan at all timcs, 7. The portion of the Participant's plan benefits payable to thc Alternatc Payce under this QDRO is $45,000. 8, The amount designated in Paragraph 7 shall not be paid dircctly to the Alternate Payee but such amount shall be paid as soon as administratively fcasiblc in a single lump sum distribution, to the Individual Rctirement Account custodian indicatcd on the paymcnt election fonns, The Alternate Payee intends to complete the payment election fonns of the Plan Sponsor to effectuate any such transfer. 9, This QDRO does not require the Plan to provide any typc or fonn of benefit the Plan does not otherwise provide, 10. This QDRO does not require the Plan to provide increased benefits, II. This QDRO does not require the Plan to pay any benefits which another order previously detennined to be a Qualified Domestic Relations Order rcquires thc Plan to pay to another Alternate Payee, 12. On and after the date this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be cntitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions and the right to dircct hcr Plan investments to the extent pennilled under the Plan, 13, All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such infonnation as the Plan Administrator rnay reasonably require from such partics. 14, It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code g414 (P). as it may be amended from time to time, 15, In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the tenns of this QDRO, the Participant shall immediately reirnburse the Alternate Payee to the extcnt that he has rcccivcd such benefit payments, and shall forthwith pay such amounts so rcceived directly to thc Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the tenns of this QDRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt.