HomeMy WebLinkAbout98-01454
II. DIVORCE
The Husband and Wife agree that their marriage is
irretrievably broken and agree, without counseling, to end their
marriage under ~201 Ic) of the Pennsylvania Divorce Code and to
execute the appropriate documents necessary to accomplish such a
divorce.
Both the Husband and Wife understand that any claim they might
have, one against the other, for alimony, support, support and
alimony obligations now existent, and distribution of marital
property, equity, and obligations will be lost at the time a
divorce decree is entered by the Court, other than provisions
contained in this Agreement.
III. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
Both Husband and Wife agree, understand, and warrant to the
following disposition of marital property and division of marital
obligations to that property constitute the sole agreement of the
parties:
IL REAL PROPERTY
The Wife agrees to relinquish all right, title, and interest
in the marital house at 807 Wertzville Road, Enola, PA 17025 to
the Husband. The Wife shall execute a deed reflecting that fact
within a reasonable time after signature of this Agreement.
Preparation and recording of the deed shall be at the expense of
Husband. The Husband agrees to be solely responsible for taxes,
utilities, mortgage, loans, and other. expenses connected with
ownership of the marital house following the signature of this
Agreement. In consideration for relinquishing all right, title,
and interest in the marital house at 807 Wertzville Road, Enola, PA
17025, the Husband agrees to pay the Wife one half of the equity
value of the marital home in the amount of $6,500.00 at the time of
signature of this agreement.
In the event, the Husband defaults on the taxes, loans,
mortgage, utilities, and other expenses connected with the marital
house, he shall hold the Wife harmless for any judgement, legal
cost, litigations cost, and attorney's fee arising from his
default.
B. PERSONAL PROPERTY
1. Motor Vehicles -- The Husband releases all right, title,
and interest in the Wife's 1985 Honda Civic titled in both names.
Similarly, Wife releases all right, title, and interest in the
Husband's 1994 Chevy S-10, with is titled in his name and to which
she is a co-signer on the purchase loan. Husband acknowledges that
he will transfer the title to Wife's automobile within fourteen
days of signature of this agreement.
In the event, the Husband defaults on purchase loan to his
Chevy S-10, he shall hold the Wife harmless for any judgement,
legal cost, litigation cost, and attorney's fee arising from his
defaul t.
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2, Pension plan -- Husband acknowledges tha t he has a
pension plan (MESIP) valued at $64,295.14, and a 401(k) valued at
$10,788.40 at the time of separation. Wife agrees to release all
right, title, and interest in the just mentioned pension in
exchange for the entry of a Qualified Domestic Relation or similar
Order, for one half of any pension at the time of separation,
payable upon his retirement, death, or upon the terms of the
pensions plan,
3. Household furnishings -- Husband and Wife have amicably
agreed to divide their household furnishings.
4. Husband agrees to maintain Wife as long as permitted on
his health insurance plan.
C. OBLIGATIONS
1. PERSONAL LOAN -- Husband agrees to be solely responsible
for the automobile purchase loan. In the event, the Husband
defaults on this loan, he shall hold Wife harmless for any
judgement, legal cost, litigation cost, and attorney's fee arising
from his default.
2. 1997 INCOME TAX -- The Husband and Wife agree to execute
now or in the future any documents necessary to file 1997 State,
Local, Federal income or personal property taxes and to share
equally in any refund from any taxing authority, should both
Husband and Wife decide to file jointly, Wife agrees to allow
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Husband to take the mortgage deduction for the marital residence if
Husband and Wife file separately.
3. CREDIT CARDS -- Husband and Wife acknowledge that they
have significant joint credit card debt with balances of each card
attached on the list as Exhibit A. The Husband agrees to assume
solely all responsibility for the balances listed therein as of
separation, together with any subsequent interest, costs of
litigation, judgement, and attorney's fees. Husband will hold Wife
harmless from any default by him on the credit cards listed at
Exhibit A, together with any interest, costs of litigation,
judgement, and attorney's fees.
In the event, the Husband decides upon bankruptcy as a means
to liquidate (Chapter 7) or reschedule (Chapter 13), the Wife may
agree to join him thereon, at the Wife's option. Should she elect
not to join Husband in bankruptcy, the debts are deemed non-
dischargeable Property Distribution intended for the support of
Wife to meet her financial obligations, support and to maintain her
standard of living. Transfers hereunder are deemed support and
not preferential payment under Section 547 of the Bankruptcy Code.
4. OBLIGATIONS NOT SPECIFICALLY NAMED Any other debts
not listed specifically shall be made the responsibility of the
named party on the debt, or in the case of both names, payable in
equal portions by the Husband and Wife.
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IV. ALIMONY. ALIMONY PENDENTE LITE, AND SUPPORT
Both the Husband and Wife agree, understand and warrant to
waive whatever claims they may have against each other for alimony,
alimony pendente lite, and spousal support under the laws of
Pennsylvania or any other state, now or in the future except as
contained hereafter.
The Wife shall receive the sum of $400 monthly as unallocated
spousal support/alimony for a period of three years due on the
fifteenth of each month, with the first payment due on the month
following the signature other this agreement by both parties.
V. COUNSEL FEES
Husband and Wife agree to pay their own counsel fees, Husband
shall pay the counsel fees and cost for filing and entering the
divorce complaint.
VI. HOLD HARMLESS
This agreement shall survive any action for divorce and no
order, judgment or decree of divorce shall affect or modify the
financial terms of this agreement. Either party may enforce the
terms of this agreement as provided under ~ 3105 of the Divorce
Code, as amended, and each party hereby acknowledges that there is
no provision of this agreement which limits the enforcement powers
of each party under ~3105.
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Each party further agrees to pay and save and hold harmless
the other party from any and all reasonable attorney's fees, costs,
and legal expenses incurred in consequence of, any default or
breach by the other of: any of the terms of provisions of this
agreement; provided that the party who seeks to recover such
attorney's fees, costs, and expenses, must first be successful in
whole or in part, before there would be any liability for
attorney's fees, costs and expenses. It is the spen of any and all
costs and expenses and counsel fees incurred by the other party in
enforcing his or her rights under this agreement,
VI. SEPARABILITY AND INCORPORATION
The Husband and Wife understand, warrant, and agree to
incorporate this agreement into the Divorce Decree among the
parties. The Husband and ~life further understand, warrant, and
agree that the provisions of this agreement be incorporated into
the final divorce decree,
VII. LEGAL REPRESENTATION
Both the Husband and Wife acknowledge by their signature that
they have had the opportunity to review this agreement with legal
counsel prior to signature of this agreement and by their signature
indicate their satisfaction with the terms of this agreement.
VIII. MUTUAL RELEASE
Husband and Wife do hereby mutually remise, release, quitclaim
or forever discharge the other and the estate of each other, for
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all time to come, and for all purposes Whatsoever, from any and all
rights, title, and interest, or claims in or against the estate of
such other, of whatever nature and wherever situate, which he or
she now has or at any time hereafter may have against each other,
the estate of such other or any part thereof, whether arising out
of any former acts, contracts, engagements or liabilities of each
other or by way of dower or curtesy, of claims in the nature of
dower, or curtesy, or widow's or widower's right, 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,
conunonwealth or territory of the United States, or any time
hereafter have fore past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, costs or expenses,
whether arising as a result of the marital relation or obligations
of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision hereof. It is the
intention of Husband and Wife to give each other by 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
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SUSAN L. BEERS, IN THE COURT OF COMMON PLEASE OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
v. NO. 98 - 1454 CIVIL TERM
.
.
RODGER W. BEERS, IN DIVORCE
DEFENDANT
PRAECIPE TO 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 ~
3301(c) (1) of the Divorce Code.
2. Date and manner of service of the complaint: March 19,
1998, Certified U.S. Mail, Restricted Delivery, Affidavit of
Service attached.
3. Date of execution of the affidavit of consent required
by ~ 3301(c) of the Divorce Code: by plaintiff on July 30, 1998;
by defendant on July 30, 1998.
4. Related claims pending: Economic claims have been
settled by Agreement dated January 26, 1998.
5. Date plaintiff's Waiver of Notice in ~ 3301(c) Divorce
was filed with the prothonotary: July 31, 1998.
Date defendant's Waiver of Notice in ~ 3301(c) Divorce
was filed with the prothonotary: July 31, 1998.
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~6hael S. Travis
Attorney for Plaintiff
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The Alternate Payee shall be entitled to $32,147,57 of the
partici.pant's account balance under the MESIP as of September 30,
1997, "Alternate Payee's QDRO Interest" which shall be distributed
on a pro rata basis from all of the investment funds in which the
Participant has an account balance under the MESIP.
The Alternate Payee shall also be entitled to receive a pro
rata share of all investment experience, including earnings, and/or
losses attributable to the Alternate Payee's QDRO Interest that
have been allocated to such interest as of the date of distribution
under the terms of the MESIP. Upon entry of this Order, this Order
shall be submitted to the committee in order that the Committee may
recognize the Alternate Payee as an alternate payee with respect to
the Alternate Payee's QDRO Interest.
To the fullest extent permitted under ~ 206(d) (3) of ERISA
and ~ 414(p) of the Code, the Alternate Payee is hereby awarded all
rights, title and interest of the Participant in the Alternate
Payee's QDRO Interest, both as a beneficiary (as defined in Section
3(8) of ERISA) and as an alternate payee, and the Alternate Payee
shall be entitled to payment and distribution of the Alternate
Payee's QDRO Interest in accordance with Section 4 below.
4.
Subject to any mandatory distribution dates set forth in
the MESIP, the Alternate Payee shall be entitled to elect the date
for distribution of the Alternate Payee's Interest. Pursuant to
the foregoing sentence, the Alternate Payee elects to receive the
assigned QDRO Interests as of the Participant's Earliest Retirement
Date as defined under Code Section 414(p) (4) (B). The Alternate
Payee shall have the right to elect any method or form of
distribution in which such benefits may be paid under the terms of
the MESIP.
5.
In the event of the Participant's death prior to the
transfer of the shall assigned benefits to the Alternate payee, the
Alternate Payee shall be entitled to receive death benefits as if
the Alternate Payee were the Participant's Surviving spouse for the
purposes of ~ 401(a) (11) and 417 of the Code; [PROVIDED HOWEVER,
THAT SUCH DEATH BENEFITS SHALL NOT EXCEED THE AMOUNT THAT WOULD
HAVE BEEN PAYABLE TO THE ALTERNATE PAYEE IF THE EMPLOYEE HAD NOT
DIED. ]
6.
The Participant is hereby ordered to execute all documents
and to take all actions necessary to effectuate the foregoing terms
of this Order.
7.
The Alternate Payee shall be responsible for the payment
of any income taxes due as a consequence of the payment of MESIP
benefits to the Alternate Payee.
8.
The period to which this Order applies begins on
, 1998, the date of the divorce decree and shall
continue until the Alternate Payee's QDRO Interest is completely
distributed to the Alternate Payee in accordance with the
applicable provisions of the MESIP.
9.
Nothing in this Order requires, and the Order shall not be
construed to require, the MESIP to provide:
(a) any type or form of benefit or any option not
otherwise provided or available to any participant under the MESIP;
(b) increased benefits other than those authorized by the
MESIP; or
(c) payments of benefits to an alternate payee that are
required to be paid to another alternate payee under a previously
determined QDRO.
10.
This Order shall take effect upon the Committee's
notification to the Alternate Payee and the Participant that the
Order constitutes a QDRO and shall be binding on the Committee
according to the laws of the State of Pennsylvania, the Code and
ERISA, This Court shall retain jurisdiction of this cause to
clarify, modify, or amend the Order of any subsequent orders
entered to effectuate the intention of this Order and to take such
action as is necessary to accomplish the goa of creating a QDRO.
IT IS SO ORDERED, this '}/J/ ~day of , 1998.
By the Court:
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CONSENTED TO:
art.fCipant
W~~ j) a.&r0--
~A1~d J3,~~)
P a1 1ff and Alterna e Payee
Susan Beers
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W1tness
IT IS ORDERED, ADJUDGED AND DECREED as follows:
1, A portion of the aforementioned PCCB account is marital
property subject to distribution by this Court, pursuant to the
Agreement for Divorce Separation, Alimony, and Distribution of
Property dated January 26, 199B.
2. The sum of $5,394.45 from the account, plus actual
interest earned from this sum from October 15, 1997, to the date
that the retirement benefit is in pay status, is awarded to the
Alternate Payee, Susan Beers, Plaintiff, and is to be segregated to
an account in her name. The Participant, Rodger Beers, Defendant,
is awarded the remainder, plus interest earned on the remainder.
3. The term of said payments is for the life of the
Alternate Payee, a number of years certain, or a lump sum payment,
the term to be selected by the Alternate Payee from any payment
option available to her from PCCB at the time the retirement
benefit is in pay status. Payments are to commence at the
retirement date chosen by the Alternate Payee but in no event
earlier than the earliest retirement date provided under the Plan.
4. In the event a Plan provides the option to the
Participant to elect to obtain benefits at the earliest retirement
age, the benefits shall be payable to the Alternate Payee on or
after the date on which the Participant attains (or would have
attained) the earliest retirement age, as if the Participant had
retired on that date even if the Participant has not actually
retired or separated from service.
5. The plan to which this Order applies is the PCCB 401(k)
or any successor plan.
6. The Alternate Payee, Plaintiff, shall have the same
rights with regard to her portion of the account as are available
to the Participant, Defendant, with regard to his remaining portion
of the account. These rights include, but are not limited to, the
right to designate a beneficiary of retirement benefits, the right
to elect from then existing retirement dates and payment options,
and the right to such increases in value in the account as might
occur as a result of general upgrading of the plan, plan
amendments, earned interest, profitability of plan investments,
etc., but not from increase in value which result from future
increases in the Participant's compensation or his future
contributions to the plan. In no event shall the Alternate Payee
have greater rights than those which are available to the
Participant. The Alternate Payee is not entitled to any benefit
not otherwise provided under the plan.
7, In the event that actuarial computation is necessary to
determine "actuarial equivalents" and/or the difference between
benefits actually accrued, non-subsidized benefits, or employer
subsidized benefits, for the purpose of the earliest retirement age
option by the Alternate Payee, or otherwise, the Plan Administrator
shall obtain the services of any actuary who is enrolled under
subtitle C of title III of the Employment Retirement Security Act
of 1974.
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8. Any reasonable costs incurred by the Plan Administrator
to effectuate the terms and provisions of this Qualified Domestic
Relations Order shall be assessed against the parties such that the
Alternate Payee pays 50% of the costs and the Participant pays the
balance of the costs.
9. The Alternate Payee shall have the right to rollover the
benefits distributed to her pursuant to the terms and provisions of
this Order to an eligible retirement plan such as an Individual
Retirement Account or an Individual Retirement Annuity. This
transfer will be considered a taxfree rollover of the benefits
distributed provided that the balance to the credit of the
Alternate Payee is distributed or paid within one year of receipt.
10. The Parties shall promptly notify the PceB Plan
Administrator of any change in their addresses from those set forth
above in this Order.
11. The parties shall promptly submit this Order to the PCCB
Plan Administrator for determination of its status as a Qualified
Domestic Relations Order.
IT IS INTENDED that this Order shall qualify as a Qualified
Domestic Relations Order under the Retirement Equity Act of 1984
and any successor acts or amendments. The Court retains
jurisdiction to amend this Order as might be necessary to establish
or maintain its status as a Qualified Domestic Relations Order
under the Retirement Equity Act of 1984
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Witness '
De e crant Participant
R er W.
I 2.//YJI/Jf 'PI. ~ /1 d /J f} )
PY~irfHf an';{)Alt~ate Payee
Susan L. Beers
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WJ.tness
II
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