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HomeMy WebLinkAbout98-00632 ..' .~J,.::~; . - ~~'***ro~~~~*~*******,~~'*:.~~::~.._',~*~:~:'~ " ___ _____....._ --------...-----~...-----.....---~.- .. -.. 0' ~ w ~ ~ W :,' .', ~ ,', ~ ". ~ ,0; ~ w ',' ,.; ~ i ~.' ,.; ~ ~ ',' ~ w ~.~ ,0. ~ ~ ~,; ~ ,.j w ~.~ ~ .', ~ ~ ~.~ ~ ,; ~ ~o~ ~ ,.~ ~ ? W :.~ w ~o' ,~ ~ w. ? ~ r-: ,'. ~ w. ~o~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ 't~~ \'~o!';..-t PENNA, MICHELE L, TAYLOR ....,........... ........ ...,., II i! I :! N (), ..,~,8,::~,n.., ,....,........'.. 1<)98 ....Plaintiff VCI'SUB 'I I ,. ..".. i II I' ,I JOHN E, TAYLOR, JR, Defendant DECREE IN DIVORCE AND NOW, ..,O,l-t.C?~~..z.,~,......" 19,98..., it is ordered and decreed that ""',' ,t1I,GIW,F; ,I", ,'I;'ljxr,QIL , , , , , , . , , , , , ' , , , , , , , , , " plaintiff, and,.."".."".., ,JOHN,E"TAYLOR"JR., .."""""".."", defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ,.~9,~~~~~~,~~~~~g",~~,~~~p~~,naY~, ~~n,~~~plyg~ pursuant ,to,the"" '" Marriage Settlement Agreement between the parties dated 10/20/98 which "Agreement, is, incorporated, into, but, not, merged. wlth .the .Di-vor-ce ,Decree_. , ~ :'~ ,', ~ $ ~ n Y.T he tlJ~rg Ok ,Jr .. : ;,; Alles) ./' j d Co.;:\ /<> -// // . J, ~ U G~'''~''-'; /<' ~~"'~"-r7 ~ ~ '-<4:111/1 ,,1-", ~~ 6hZ" "".', ~ j/' 7'7Pmthonotnry , ? ~ ~ ~ ~~:o_ 0>>;, -=-:0 .:.:' .~:. {<<o ':..' 0...:0 ':.:' ':.:' .:.:. 0:.:' -:.:. 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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L, TAYLOR Plaintiff v, NO, 98-632 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOHN E, TAYLOR, JR, Defendant MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 7 u+- day of Ot....-\-o b- by and between MICHELE L, TAYLOR ("WIFE") of Mechanicsburg, Pennsylvania , 1998, and JOHN E, TAYLOR, JR, ("HUSBAND") of Camp Hill, Pennsylvania, WIT N E SSE T H : DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMPI/Ill, PA 170tl (717)737'0100 WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on June 7, 1986 in Mechanicsburg, Pennsylvania, There was one (1) child born of this marriage: RYAN MICHAEL TAYLOR born September 13, 1986. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or Page I of 14 , i I , I J j f , ~ I \~ , , r I , I, '. " " ~ i . \j ,Ij -, maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall upon the request of either party be incorporated into any Divorce Decree which may be entered with respect to them, 2 , NON - MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute, 3, VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances, Further, HUSBAND DIANE G. RADCLIFF 3448 TRINDI.E IIOAD CAMI' IIII.I.,I'A t7011 (717) 737,0100 acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering Page 2 of 14 DIANE G. IV\DCLlFF 3448 TRINDI.E ROAD CAMI'IIILI.,I'A 17011 (717) 737,0100 '"' into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that HUSBAND accepts said Agreement and that said acceptance is not based on any advice or representation made by WIFE'S counsel, Diane G, Radcliff, Esquire, nor has any such advice and/or representation been given to HUSBAND by said counsel, 4, FINANCIAL DISCLOSURE. The parties confirm that each has provided the other with a full and complete financial disclosure of their respective incomes, assets and debts and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. S, DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise, Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement, Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue Page 3 of 14 influence exercised by either party upon the other or by any other person or persons upon either party, Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a, The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b, The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c, The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, d, The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), custody, visitation, and counsel fees, costs and expenses, 6, PERSONAL PROPERTY. HUSBAND and WIFE do hereby acknowledge that they have previously agreed to a division of their tangible and intangible personal property including, but without limitation by way of specification: automobiles, jewelry, clothes, furniture, furnishings, and other household goods, pension plans, retirement plans, bank accounts, life insurance policies and the like (hereinafter the "Personal property"), DIANE 0, RADCLIFF 3448 TRINDLE ROAD CAMP IIILL,I'A 17011 (717) 737-ll100 Page 4 of 14 ,\1 C \ . I , ' {~ ~: I J i DIANE G. RADCLIFF 3448 TRINDI.E ROAD CAMI'IIII.I.,I'A 17011 (717)737-0100 '~. Hereafter the parties agree that all of the personal property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; and all of the personal property in the possession of WIFE shall be the sole and separate property of WIFE, The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate Personal Property of the other, 7, DIVISION OF HUSBAND'S US AIR FORCE GUARDS PENSION_ The parties shall divide the HUSBAND'S Air Force National Guard Pension in accordance with an Approved Domestic Relations Order (hereafter "ADRO") to be approved by the parties and entered in WIFE'S aforesaid divorce action, Said ADRO shall provide that WIFE's share of the pension shall be 17,852% of the pension benefits payable to HUSBAND upon his retirement, Said benefits shall be paid to WIFE as soon as HUSBAND becomes eligible for the payment thereof, which is generally agreed to be the date upon which HUSBAND is both retired and at least age 60. HUSBAND shall receive all other Air Force National Guard Pension benefits not specifically distributable to WIFE in accordance with the foregoing, [. f Page 5 of 14 8, SECURITY DEPOSIT,L WIFE shall be entitled to receive and retain the security deposit previously paid by the parties or either of them on their jointly rented premises in which WIFE currently resides, subject to any proper deductions and withholdings therefrom by the landlord thereof in accordance with the terms of the parties' lease or rental agreement. 9, MARITAL DEBT. During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the bills were incurred, as follows: a, WIFE shall pay and assume sole responsibility for the following debts all of which are in her sole name: 1, PSECU closed end loan $2000,00 2, PSECU Share loan $4000,00 3, American General $1800,00 4, PSECU Visa $2000.00 b, HUSBAND shall pay and assume sole responsibility for the following debts all of which are in his sole name: 1, PSECU PSL $4000.00 $2000,00 $ 60.00 2, 3, 4, IRS Individual Taxes and Return Capital One American Express $unknown Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which DIANE G. RADCLIFF 3448 TllINDW ROAD CAMP Illll,l'A 17011 (717)737,0100 Page 6 of 14 '\~ ., pursuant to the terms herein are not the responsibility of the other party, The parties represent to each other that there are no joint marital debts, If any joint debt exists, it shall be frozen, closed and canceled so that neither party can make any further charges or incur any gJ:eater liability thereunder and if said charges are made or liability incurred in violation of this Agreement than the party incurring said charge shall immediately repay the same, 11, BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein, In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into, OIANEG./lADCI.IFF 344B TRINDLE /lOAD CAMP IIILL, I'A 17011 (717)737-0100 ';,,;'1 12 , WAIVER OF AT,IMONY, SUPPORT AND COSTS The parties agree and hereby waive any right and/or claim each may have, both now and in the future, against the other for alimony, alimony pendente lite, spOusal support, maintenance, counsel fees and costs, Page 7 of 14 DIANE G, IIADCLI!'!' 3448 TRINDLH ROAD CAMP I/Jll,I'A 1701/ (717) 737,0100 13 , CUSTODY.:. WIFE shall have primary custody of the parties' minor child, RYAN MICHAEL TAYLOR, subject to HUSBAND'S liberal and reasonable rights of partial custody at such times as the parties shall mutually agree, 14, CHILD SUPPORT. HUSBAND shall pay WIFE the sum of $360,00 per month for support of the parties I aforesaid minor child payable in biweekly installments of 166,00 for each 2 week period in advance, Said bi -weekly pay periods shall correspond to HUSBAND'S pay periods from his current employment, The first payment shall be due Upon the execution of this Agreement and shall be prorated for any partial pay period, The next payment shall be for the full amount and shall be due on the same day HUSBAND receives his pay from his employment following the execution of this Agreement, Thereafter the payments shall be made bi-weekly ion the same day as the due date for the second payment even if HUSBAND'S employment changes or otherwise if his wages are not paid on a biweekly basis, The payments shall be made directly by HUSBAND to WIFE, WIFE reserves, however, the right to file a petition or complaint to have said payments made through the Domestic Relations Office of any appropriate juriSdiction, in which event the payments shall be made through that office pursuant to an attachment of HUSBAND'S wages, Page 8 of 14 15, MUTUAL-RELEASES~ HUSBAND and WIFE 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 any from any and all rights, title and 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 he or she 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 curtsey, or claims in the nature of dower or curtsey or 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 (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable di.stribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of DIANE G. IIADCI.IFF 3448 TRINDLE IIOAI> CAMP 11Il,1..I'A 17011 (717)737'()IOO ,Page 9 of 14 whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention 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 provisions thereof, 16, WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, DIANE G. RADCLIFF 3448 TRINDL!! ROAD CAMP IIILL,I'A 17011 (717) 737,0100 17, MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 18, AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, Page IOof 14 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP IIILL,I'A 17011 (717)737-0100 ....' 19, INTEG~TION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein, 20, BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party, a, the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable at torney's fees and costs incurred as the result of said breach and in bringing the action for specific performance, b, the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action, c, the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa, C.S,A. 3502(e), an any additional rights and remedies that may hereafter be Page 11 of 14 DIANe G. RADCLIFF 3448 TRINDLe ROAD CAMI'IIILL,I'A 17011 (717)737-0100 enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not limited to: 1, the entry of judgement; 2, the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; 3, the award of interest on any unpaid installment; 4, the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; 5, the posting of security to insure future payments to compliance with assure the obligations undertaken by this Agreement; 6, the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months, 7, the award of counsel fees and costs. S, the attachment of the breaching party's wages, d, Any other remedies provided for in law or in equity. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience Page 12 of 14 of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect, BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY!' I ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS ' i, BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: (SEAL) (SEAL) DIANE Q, RADCLIFF 3448 TRINDLE llOAIl CAMI'IIILL,!'A 17011 (717)737-0100 Page 13 of 14 IN THE COURT OE' COMMON PLEAS OE' CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L, TAYLOR Plaintiff v, NO, 98-632 CIVIL TERM JOHN E, TAYLOR, JR, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under section 3301(C) of the Divorce Code, 2, Date of filing and manner of service of the complaint: a, Date: 2/4/98 b. Manner: certified mail restricted delivery 3, Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: 10/20/98 b. Defendant: 10/20/98 QR Date of execution of the Plaintiff'S affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff'S 3301 (d) affidavit upon the Defendant: a. Date of execution: n/a b. Date of filing: n/a c. Date of service: n/ a 4. Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated 10/20/98 which Agreement is to be incorporated into but not merged with the Divorce Decree. S, Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (1) (i) of the Divorce Code: a. Date of Service: n/a b. Manner of Service: n/a QR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: 10/20/98 b. Defendant's Waiver: 10/20/98 CLIFF, ESQUIRE Road Camp Hill, PA 17011 Supreme Court ID # 32112 n L':} ~:' :,,1.) C> ..n -r,. t :':l hi fill ,~-) >:. --I , i :JJ i : r.,:, ".. : tin r...:, ..:t? , ; ."::0. :-iC) (' " :':'1 ':? .". (') " :", In :~~ ] :,) .:;~I .., '. (:.' ~6 -...-~ -, MICHELE IN THE COURT OF ~OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L, TAYLOR Plaintiff v. NO, 9P- b3;l... ~;Vt{ '--- I ~ rLn, JOHN E. TAYLOR, JR, Defendant CIVIL ACTION - LAW DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of 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 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 TELEPHONZ THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA '70\\ (717) 737,0100 MICHELE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L. TAYLOR Plaintiff CUt -( ~ !L)1l v, NO, 9? - I.:.J:2 JOHN E. TAYLOR, JR. Defendant CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, this LJ.-p.... day of k'o~, 19 qe , comes the Plaintiff, Michele L. Taylor, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is Michele L, Taylor, an adult individual residing at 425 South Arch Street, Mechanicsburg, Pennsylvania 17055, since July 1997. 2, The Defendant is John E. Taylor, Jr., an adu1 t individual residing at 425 South Arch Street, Mechanicsburg, Pennsylvania 17055, since July 1997, 3. Plaintiff and/or Defendant have been bona fide residences of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 7, 1986 at Mechanicsburg, Pa. 5. There have been no prior actions of divorce or annulment between the parties, 6, Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737,0100 participate in counseling. 7, The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a, That the marriage is irretrievably broken; Or in the alternative, b. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. Or on the alternative, c. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant, COUNT II: EQUITABLE DISTRIBUTION 9, Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from June 7, 1986 until the date of separation, all of which is "marital property" , 11, Plaintiff and/or Defendant have acquired, prior to the marriage or sUbsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisi tion during the marriage, which increase in value is "marital property". 12, Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint, WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. Respectfully sUbmitted, ! dIe , PA 17011 -0100 for Plaintiff 32112 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737,0100 VERIFICATION MICHELE L, TAYLOR verifies that the statements made in this Complaint are true and correct, She understands that false statements herein are made subject Section 4904, relating to unsworn fal'ifica " 'l ../. DIANE G, RADCLIFF 3448TRINDlE ROAD CAMP Hill, PA 17011 (717)737-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. TAYLOR Plaintiff v. NO. 98-632 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOHN E. TAYLOR, JR. Defendant CERTIFICATION OF SOCIAL SECURITY NUMBERS In accordance wi th the Rules of Civil Procedure, I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, hereby certify that the social security numbers of the parties are as follows: l. 2. Plaintiff, MICHELE L. TAYLOR: Defendant, JOHN E. TAYLOR, JR.: 179-60-5219. 160-48-3946. Respectfully submitted, DIANE 3448 Road C p Hill, P A 17011 Su ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff (") ___0 0 ~:; ~'J -f1 Q -\ .." .. ,~_. :- '"1:11 ~~.~ L:~ --I . ,- ~~ ~,,) ';,tS , '- t.) , I , i; .)e) ; "";-,. . 11 ~-; . ._'~n ,""- , ,- . c_,~ l. ) '-I n ,- C:~ ,~ ~.-: --I ":l:' ,::\ ...., ~q {;:. -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. TAYLOR Plaintiff v. NO. 98-632 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOHN E. TAYLOR, JR. Defendant AEE,IDAVIT OF CONSE~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 4, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated:_ /O&.o/9f n v:> C) ~-;:. 00 -\1 0 .-1 -"'l, ' n ,- rll'!;-~ " '--\ d~ ~7~':: : 1 :'.) \,nl ~:.~ '. iC:J '.l;: (..) ') !. .;,c, t:-:t..: ~:~ ".: :'~J ;.c. ~ -'." '. ~('") ',c;( sr: (jr.l >c ~ ~~ .....) :;q, -, t:O ~ DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717)737.0100 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. TAYLOR Plaintiff v. NO. 98-632 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOHN E. TAYLOR, JR. Defendant WAIVER OF NOTIr'E OF TNTF.NTTON 'I'~__R~OIJF..s:r ENTRY OF A nIVORr'E nEr'RF.E UNDER SF.r'TTON 130] Ie) OF THF. nTVORCF. COnE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. Dated: /o/.,lo/fi .........,- ..... . (') \-0 (') ~: co " ~c [) ::::J -< C) '" ~~~ -l "11 'TO ,..;;. . :.....;, -;'1 '" C..) '0 .., .1(:' l~~ " ~.~: {-:~t~ , (:) ! , rTl :_' !.l ] _.~ n'} -<, . .. . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. TAYLOR Plaintiff v. NO. 98-632 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOHN E. TAYLOR, JR. Defendant AFEIDAVIT OF CONSENT 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 4, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet.y (90) 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated:/,,-;po/'7f ~ Q, C)~ J~: E. TAYLOR, . DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 (717) 737,0100 . . .. '~ n V'J (') ~;: :':-.J "11 C) :-:J -, t.:: CJ ~~.~ I.: .-! i :::r1 ,- I, N , 9 If; c....,:; ; ) r~~ " ',I C) :-:. u,. ., , -., r '."! 0 c , 9? 81Tl J.. ~'--.. .,. / ~... :_1 ,"-J ::q -< .~ -, I , \ I t /" ~/,. , ~. ...,. \1 [,'j, ,'" (I,: j './.. '\::.' . , I' . . .... ~ .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE L. TAYLOR Plaintif f v. NO. 98-632 CIVIL TERM CIVIL ACTION - LAW DIVORCE JOHN E. TAYLOR, JR. Defendant l'lAIVF.R OF NOTIr'F. OF INTF.NTTON TO RF.OllF.ST ENTRY OF A DrVORr'E DEr'REF. ImDF.R SEr'TION 330] eel OF THF. nIVORr'E CODF. 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. Dated: /(}h~/9:' ~ '~ TAYLOR, . DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 (717)737'0100 . ~ . . ~. n 1.(.' () C': (.l) -n :.~. c::> -j ..,-:(- \:.) -:1:r! qlr;i -l ,,,F" ~;.; ~.., N c....> ,0 ~ ') !. ~~~CJ ~ ~:2~? - -rJ ,..-;:C .' .~(') :;.; ~-~:~ S~ C;r" :::< ?5 '" :3:i -< ...1 -, ,- + _ __'l'~"'_ - -~ Bl Operative Provisions: 1. The plan Administrator is directed to pay to the Alternate Payee an amount each month of Plan Participant's United States Air Force National Guards Retirement monthly benefits equal to the product of the gross monthly benefit multiplied by .17852, in accordance with the following formula: ALTERNATE PAYEE'S SHARE = GROSS MONTHLY BENEFIT X .17852 The payment aforesaid shall be subject to withholding taxes as set forth in Paragraph 2 below. 2. The Plan Participant and the Alternate Payee shall each be required to pay all taxes associated with the payment and receipt of his or her respective portion of the monthly gross benefit and shall be subject to all applicable withholding taxes. 3. The above payment shall commence as of the date the Plan Participant first becomes eligible for payment of any benefits under the Plan and except as otherwise provided herein or by the plan or by law, the payments shall continue until the death of the Plan Participant. If the Plan Participant should receive any benefits that are designated herein to be the ben~fits of the Alternate Payee, the plan Participant shall immediately pay said benefits directly to the Alternate Payee and shall notify the Plan Administrator of the error with instructions to pay said benefits thereafter to the Alternate Payee. DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717) 737,0100 FAX (717) 975,0697 10 # 32112 - 2 - .. ...... 4. Both parties shall keep the Plan Administrator informed at all times or his or her correct mailing address and shall otherwise cooperate with the other party and the Plan Administrator so that all payments are made pursuant to the intent of the parties stipulation. 5. This is a property distribution order made under the divorce and equitable distribution statutes of the Commonwealth of Pennsylvania, and in accordance with the provisions of such statutes, the portion being distributed to the Alternate Payee has been determined to be her property. 6. Except as set forth herein, all rights in and to the retirement benefits, including the regular retirement not distributed to the Alternate Payee, are to be distributed to the Plan Participant, it being the intent of the Order that the Plan Participant shall receive all benefits remaining after the payment of the Alternate Payee of her distributive share. 7. Nothing herein contained shall in any way require the Plan to provide any form, type or amount of benefit not otherwise available by law. 8. DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE 1717)737,0100 FAX (7171975,0697 ID # 32112 The Alternate Payee shall be entitled to all information and documentation pertaining to the plan and the calculation of her benefits under the plan, the Plan Participant specifically authorizing the release of that information to her. - 3 - " /1 , , , . , I ~ '\ '\ , I i i r! I I ~! , " 9. A true copy of this Amended Order shall be served upon the Plan Administrator and shall take effect immediately and shall remain in effect until further order of court. This Court has jurisdiction over the parties by virtue of their domicile within this Court's jurisdiction and by their respective consents to said jurisdiction and this Court shall retain jurisdiction over this issue so as to carry forth the intent of this Order. ,\ C /' ) J : , ! : I ! I ~< I ~ I' u ge .! ) \ , I j DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717)737,0100 FAX (7171975,0697 ID # 32112 -4- \~ , ' II I r I I I I I ~ I~'