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HomeMy WebLinkAbout98-03460 \. U - >- ~ r ~ i, i I \.' " ........ ,.., ~! I (i l~ I -I i -! . . "I .~ i <::.;'1 i I i i . <li ,,\ ~\ ("()\ I , , i 001 ~I i . ..I ~I . , . i ~ ~ * ~.,';. J. (,., is ~., . ,'''.', ~ ~ " * ~ ~ -----......_.....------.-.--....-..-~--...., ,~-_..-....,.~_..~ ~,~ ~..-------------.,----,.-.. _....-~.~ -"'-"'~" .~"- ."- - ~. -.. ......--.. ." ' ~ ~~.~~*~*~-,*-~~~~*~~~.~*,**~~ro~.~:~.*~. ~ ~ ~.~ ~ ~.~ ,', ~ ,'-. ,0. ~ ~ ;.~ ~ (: ~ ~.: ~ ~.' ~ ~.' ~ ~.' ~ ~.' ~ ~ :'~ ~ f'; ~ f.~ .:..;....:.;.~-.:.:...:.;.-..:.:.' .:.;.'.:.;.- <+;.",:+;. .:+;. -:+;. .:+;. .:+;. -:+:. -:+:- -:.:- -:+;. .:+;. .:+;. -:.:.-:.' ':+;"'-:+:,::<+:":+;,,.:+;. -:+:- -:+:. .:+:.' <+:-::>;. ~ . ,~----....-.....-.....-.. ------......_-----------.....---....-.........-----......."'--..-.~........-_,-.._~-----...-... -^.""....._- -._....------~...-'- ,.; ~. ~ . " ~ ~ '.~ .'~ ~ ~ ... * .. ~ ~ * ~ ~.; ~ ~.' ~ ... ~ $ ~ ..~ ~ ~ '.' ~ !";. ~ IN THE COURT OF COMMON PLEAS ~ '.' ~ ~.' OF CUMBERLAND COUNTY ~ $ ~ STATE OF I'" ~~~~ PENNA. ,~..~~..;-..._...t ~ ~ $ N (). ....98d460... 1<)98 ~ ~.~ .LAURRI C. BOYLER ~ Vcr.";1l3 ~ ~.~ ....LAWRENCE, J. BOYLER ~ ~.' ~ '.' ." ~ DEe R EEl N J~ 1~~)R,~~~,~,~~'~:n!A ! ~ ~.' AND NOW, . decreed that ...... .L.a.u.r.r.i. ~'" .B.oy.l.e.r. .... . . . ... . . .. . . . . ..... . ", plaintiff, and... .~q\y~~T)G~.-I, .Bqyt~,.. . .. . .. . .. . .. . ., .. . . ... . . . .. . .... '. defendant, are divorced from the bonds of matrimony. ~ ~.~ ~ ~'j ~ ~.~ ~ ~.~ 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; ~ '-' *- ~.' ~ ~ . . ~~~. ~~~~~~~~. ~~~~~'!'~t.' ~. ~ ~ . ~t.'~?~r?~~ t~~. ~~~~~!'. b~~. t.'?~. ,!,"~g"9. ~!'~? ~~". . . , * . .I;l~cr~~,. . . ............................................................ ~ ~ Dy * ~ r; AGREEMENT THrs AGREEMENT, made and entered into this June 1998, by and between /fd day of Lawrence John Soyler, of Cumberland County, Pennsylvania, hereinafter referred to as "Husband"; and, Laurri Soyler, of Franklin County, Pennsylvania, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married in Sudbury, Ontario, Canada, on or about December 26th, 1968; and WHEREAS, there were three children born of this marriage, namely Anna, Elizabeth and Katherine, and these children are not minors at the time of this Agreement; and WHEREAS, the parties hereto have ceased to cohabit together as husband and wife; and WHEREAS, Wife acknowledges that she is thoroughly conversant with and accurately knows the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Wife; and WHEREAS, diverse 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 desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling all matters between them related to the ownership and equitable distribution of real and personal property; settling all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; settling all matters between them relating to the past, present, and future support and/or maintenance of the children; and, in general, settling any and all claims and possible claims by one against the other or against their respective estates, I NOW THEREFORE, WITNESSETH, el:cept as otherwise expressly provided by this Agreement and in consideration of the promises and mutual undertakings herein contained, intending to be legally bound hereby the parties do mutually agree as follows: 1. PERSONAL RIGHTS AND SEPARATION The parties may and shall continue to live apart for the rest of their lives, Each shall be' free from interference, direct or indirect, by the other as fully as though unmarried, Each may for his or her separate benefit, engage in any employment, business or profession he or she may choose. 2, WARRANTY OF DISCLOSURE Each party hereto represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each party further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of marital property without the prior consent of the other. No representation or warranty by either party to this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading, 3. TANGIBLE PERSONAL PROPERTY The parties to this agreement agree that all items of tangible personal property have been divided prior to the Signing of this agreement, 4. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband shall have exclusive use and ownership of and liability for vehicles now titled in his name. Wife shall have exclusive use and ownership of and liability for vehicles now titled in her name, 5. RESIDENCES 2 a) Wife holds title to the premises identified as 620 Brumbaugh Avenue, Chambersburg, Pennsylvania. The parties agree as follows with respect to this residence: Wife has exclusive use of , title to and interest in this residence, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence. Wife shall take any action with respect thereto that she deems appropriate. h) Husband holds title to the premises identified as 15 Milesburn Road, Shippensburg, Pennsylvania. The parties agree as follows with respect to this residence: Husband has exclusive use of , title to and interest in this residence. Husband shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence, Husband shall take any action with respect thereto that he deems appropriate, c) Wife holds title to the premises identified as 620 South Ocean Drive, Fort Pierce, Florida. This premises will be sold on or about June 30, 1998, Husband and Wife agree as follows with respect to this residence. Proceeds from the sale will be used to payoff the mortgage on the premises held by Chevy Chase Bank; the remaining proceeds will be applied to the line of credit held by F & M Bank against the 620 Brumbaugh Avenue, Chambersburg, Pennsylvania residence. 6. BUSINESSES Husband and Wife agree to release each other from all interests of each may have in the other's businesses, as of the signing of this Agreement, Husband hereby transfers all of his interest in Wife's business, known as "Law Office and Mediation CenterU to Wife, including all the accounts receivable, office equipment and furnishings, good will, chooses in action. Wife hereby transfers all of her interest in Husband's businesses, "Cumberland Valley Emergency Associates, lnc.U and as "Occupational Health Associates" to Husband, including all the accounts receivable, office equipment and furnishings, good will, chooses in action. 7. CREDIT Husband and Wife represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability, From the date of the execution of this Agreement each party shall use only those cards for which that party is individually liable. 8. BANK ACCOUNTS 3 For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, excluding the accounts designated below as pension accounts, Specifically, Husband transfers any and all of his interest in a certain checking accounts at F & M Bank, numbers 32- 73342 and 10-64630 and 68103200 (IRA) on the execution date of this Agreement. Wife specifically transfers any right, title or interest in Husband's account number 31-28636 at F & M Bank, 9, PENSION ACCOUNTS a) Husband and Wife agree that all bank and investment accounts not previously named herein in Chapter 8 "Bank Accounts", and also excluding Cumberland Valley Emergency Associates, Ltd. Employees' Money Purchase Pension Plan, titled at the time of the signing of this agreement to Husband or to Wife or to both, are joint pension accounts, Husband and Wife agree that they own the pension accounts together in equal shares and will continue ownership together in equal shares after the signing of this Agreement. b) Husband and Wife agree that maintenance of the pension accounts shall be by mutual agreement of Husband and Wife and title to the pension accounts will be changed within thirty days after the signing of this Agreement to title in both Husband and Wife. All pension account transactions will require the signature of both Husband and Wife. Both Husband and Wife shall have free access to all information and statements for the pension accounts. 0) In the event that there are disputes between Husband and Wife over Husband's or Wife's interests in the pension accounts at any time after the signing of this Agreement, Husband and Wife agree to liquidate the pension accounts and divide the proceeds between them in equal shares, d) These accounts include but are not limited to the following: Sep.Ira (F&M Trust)- # 68104700; and Lawrence J, Boyler P.C, Employees' Money Purchase Plan. 10. ALIMONY a) Although this Agreement may be incorporated into a decree of divorce, and the alimony payments entered as an agreed order with the Domestic Relations Section of a court of the Commonwealth of Pennsylvania, the parties expressly intend that this shall not be deemed to be a merger. Husband and Wife expressly intend that Husband's obligation to pay the sums set forth below and Wife's right to receive those sums are not only contractual in nature but are also 4 enforceable by any court of competent jurisdiction pursuant to Section 3703 of the Divorce Code and specifically agree that any court of competent jurisdiction may issue an order as is contemplated in Section 3704 of the Divorce Code. h) Husband and Wife irrevocably agree that the only reason for a modification of the amount and length of Husband's alimony obligation is very specific and limited to changes set forth below. No other reason shall be grounds for mOdification. c) In recognition of the criteria set forth in Section 3701 of the Divorce Code, commencing on the tenth day of JUly, 1998, and for a period of thereafter terminating on the tenth day of December, 2015, Husband shall pay to Wife alimony for her support and maintenance the sum of $8350,00 in cash per month, payable on the tenth day of each month until termination. d) However, in the event Husband's income decreases below the reported gross income of 1997, but not through Husband's voluntary act, the amount of alimony paid by Husband to Wife shall be also decreased according to the following: (i) The sum of alimony Husband shall pay to Wife will be reviewed and adjustments, if any, will be made on or within twenty days of the fifteenth day of April bi- annually, with the first review on or about on April 15, 2000, the second review on or about April 15, 2002, and continu~ng every second year until termination. (ii) In the event that Husband's income should decrease, but not through Husband's voluntary act, to less than eighty-five percent (85%) of Husband's reported gross income of 1997, Husband shall pay to Wife as alimony $7,100.00 per month beginning on the tenth day of May of the year of the review, (iii) In the event that Husband's income should decrease, but not through Husband's voluntary act, to less than seventy percent (70%) of Husband's reported gross income of 1997, Husband shall pay to Wife as alimony 5,850.00 per month, (iv) In like manner, in the event that Husband's income should increase after alimony payments have been decreased, Husband shall increase the alimony payments to Wife back to the amounts paid before the reduction. e) The payments hereunder are to continue notwithstanding Wife's cohabitation or remarriage. Husband specifically waives any right to cease payments pursuant to Section 3706 and 3707 of the Divorce Code. In the event of Wife's remarriage, however, Husband may reduce by fifty percent (50%) the amount of alimony he is paying at the time of the remarriage. In addition, Husband may make a final lump sum payment at any time, discounted at *six (*6) percent simple 5 interest, The alimony payments provided for in this paragraph shall terminate on the happening of Wife's death or Husband's death, f) Fee Deductible: This Agreement has been negotiated on the assumption that the payments described above shall be deductible by Husband and includable in the income of Wife, Therefore, it is the intention, understanding and agreement of the parties that the payments described in this paragraph shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code, and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for Federal Income Tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. Wife must report payments received under this paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for the income taxes with respect to those payments. If Wife should fail to report these payments on her income tax return as required by this paragraph, Wife shall exonerate and indemnify and hold Husband harmless from any expense and/or liability, including reasonable counsel and accountant's fees arising from that failure. q) If, pursuant to any final and binding ruling by the Internal Revenue Service or any court or as a result of any legiSlation, regulation, tax examination or audit, all or any part of the amount paid under this paragraph shall not be deductible by Husband for the purpose of computing his Federal income liability, and not includable in Wife's gross income for the purpose of computing her Federal Income Tax liability, the payments made pursuant to this paragraph shall be readjusted so that: Wife shall receive the same net amount after taxes as she would have received had the payments been includable in her gross income for the purposes of computing /her federal tax liability. 11 , INSURANCE Husband agrees assist Wife to obtain and maintain not less than $500,000.00 in death benefits on his life through life insurance which shall name Wife as benefiCiary, The cost of maintaining this insurance shall be divided equally between Husband and Wife. 12, HEALTH INSURANCE Husband expressly agrees to continue to provide medical insurance for the benefit of Wife after the signing of this Agreement for a period of two years, If, at the end of two years, Wife cannot obtain comparable medical insurance for the same or lesser sum than Husband pays to maintain the insurance, Husband will continue to provide 6 medical insurance for Wife's benefit and Wife will pay to Husband the amount necessary to maintain the insurance. 13. COUNSEL FEES Husband and Wife agree that they shall equally divide the costs incurred in the preparation of this Agreement and the divorce action as hereinafter contemplated. Otherwise, each of the parties shall pay their own counsel fees, 14, INCOME TAX RETURNS Husband and Wife represent to each other that to the best of his or her knowledge all tax returns and other documents required to be filed with the Internal Revenue Service for calendar years 1968 through 1997 have been filed and that no notices have been received from the Internal Revenue Service which remain unresolved. Each party further represents to the other that to the best of his or her knowledge, the information set forth in the tax returns for calendar years 1968 through 1997 was and remains accurate as relates to his or her sole income and acknowledges that the other party relied on such representations, lS. MUTUAL ESTATE WAIVER Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate, from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widows or widowers 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 Chapter 22 of the Pennsylvania Probate Estates and Fiduciary's Code, the other laws of the Commonwealth of Pennsylvania, or any similar law, code or the like of any state, commonwealth or territory of the United States or any other country. It is expressly understood, however, that neither the provisions of this release, nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to the execution 7 of this Agreement), nor defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other if such will was executed prior to or subsequent to this Agreement, 16, RELEASE OF CLAIMS Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has against the other upon or by reason of any matter, cause or thing up to the date of the execution of this agreement. 17. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code of 1990. 18, DIVORCE Husband and Wife agree that they would like to be divorced as soon as possible. Within 3 days of the execution of this Agreement, Husband shall institute an action for divorce from Wife pursuant to Section 3301(c) of the Pennsylvania Divorce Code, (Irretrievably Broken) . Both parties shall file as soon as possible and within thirty days after the filing of the complaint in divorce the required affidavits evidencing that each of them consents to the divorce. a) Each of the parties agrees that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have for equitable distribution or.division under Section 3502 of the Pennsylvania Divorce Code; b) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the 8 decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time; 0) Notwithstanding sUbparagraph b, above, this Agreement shall be enforceable under section 3502 (e) of the Divorce Code or any similar provision of any state, commonwealth, or territory of the United States or provision of any court of competent jurisdiction wherever located, 19. PERFORMANCE If, after the divorce of the parties is final, they reconcile and resume cOhabitation, regardless of whether they sUbsequently remarry, this Agreement shall remain in full force and effect, unless specifically voided by a subsequent writing signed by both parties. 20. NOTICES Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a) To the Husband at 15 Milesburn Road, Shippensburg, Pennsylvania, 17257; h) To the Wife at 620 Brumbaugh Avenue, Chambersburg, Pennsylvania, 17201; 0) Either party may, by like notice similarly sent, specify a different address for the sending of notices. 21. LEGAL REPRESENTATION This Agreement will be filed by Griffie & Associates. Husband and wife agree and understand that Griffie & Associates is not representing either Husband or Wife. Husband and Wife have had full opportunity to obtain legal counsel and know and understand their legal rights. Husband and Wife have read this Agreement carefully and thoroughly, and fully understand each of its provisions, and sign it freely and voluntarily, 22, COUNSEL FEES AND EXPENSES FOR ENFORCEMENT Husband agrees that he will pay the reasonable counsel fees and costs incurred by Wife in the event that Husband shall bring any action against Wife to enforce the terms of this Agreement, and in the further event that Wife is successful in such action, Wife agrees that she will pay the reasonable counsel fees and costs incurred by Husband in the event that Wife shall bring any action against Husband to enforce the terms of this Agreement, and in the further event that Husband is SuccesSful in such action, 23 , BREACH 9 If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, 24, 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, No oral modification of this paragraph shall be valid. 25, 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 documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agr.eement, 25. SEVERABILITY The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1990. Further, any court of competent juriSdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 2~ ' BANKRUPTCY In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any 10 exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. The failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way avoid or alter the remaining obligations of either of the parties, 28. DATE OF EXECUTION The date of execution of this agreement shall be defined as the date upon which it is executed by the parties, 29. APPLICABLE LAW a) This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, and is independently enforceable as a marital agreement, While the parties understand they may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective with respect to where the parties are domiciled at any time in the future, or where in the world property owned and controlled by either party is located, b) If one or more provisions of this Agreement shall be held to be invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, but shall nonetheless be valid and unenforceable, If it is necessary that any invalid or unenforceable provision be replaced in order to interpret properly the remaining provisions of the agreement, any such invalid or unenforceable provisions shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by-the laws of any jurisdiction whatsoever, 30 , WHOLE AGREEMENT This Agreement constitutes the entire understanding of. the parties. It supersedes any and all prior oral or written agreements between them, There are no 11 , ., 1 , ; ) ;'1 :' :-~'J ., , ", , ;"1 " I -, ", :.::J -( .~ -< LAURRI C. BOYLER, Plaintilr IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. CIVIL ACTION - LAW NO. CIVIL 1998- 'if- 3'/(,0 T-;._._ IN DIVORCE LAWRENCE J. BOYLER, Dcfcndant COMPLAINT IN DIVORCE for approximately twenty (20) years. I. PlaintitT is Laurri C. Baylcr, an adult individual currently residing at 620 Brumbaugh Avenue, Chambersburg, Franklin County, Pennsylvania. She has lived thcrc 2. Defendant is Lawrence J. Boyler, an adult individual currently residing at 15 Milesburn Road, Shippensburg, Cumbcrland County, Pennsylvania. He has lived thcre for approximately one year. 3. PlaintitT is a bonafide resident of thc Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. PlaintitT and Defendant were married on December 26, 1968 in Sudbury, Ontario, Canada. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the PlaintitT and the Defendant are members of the United States Armed Forces or its Allies. 7. PlaintitT has been advised of the availability of counseling and the right to request that the Court requires thc parties to participate in counseling. Knowing this, PlaintitT does not desire that the Court require the parties to participate in counseling. . ~':'.-:;~;":~;':':;';,;';::":'.,...: VERIFICATION I verily that the statements made in the loregoing Complaint are true and correct. understand that f.1lse statemcnts hercin made are subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn f.1lsification to authorities. DATE: Qtvx.t. /7; /998 / c:: -J \; GJ }~ \. 1.. /") r ,- ~ '8 ~;.j f- .6'J - C0 c PJ 1L c [(&2 .<: '\<':-- &'0 ., ~ I..../~ D '.0 p .... 0...) L_ n -r; .:"~ .' " ,- , .. ~'," ~. -n ....,. ,." 'Ie..;.:;. C. I- .., ,11 I') CJ , .' , ::.... ., 0 "r' -.1 .' , - (.) :n ~) ; I .. n (.,- S' <-\ nl ~:; '..) "" -< J":'- (Xl ~ ("'." ',:;> , l 'r:' ~"" -) , :.j " ! : , ::1] j"- . ....1"11 r:;, "\-1 r '~ , .": ~:) ~! iJ () ,)? ( 5 rn ~ ,-":i -- :r~ l\., -, LAURRI C. BOYLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO. 98-3460 CIVIL TERM LAWRENCE J. BOYLER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 22, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: &d-C /9tff I L '~' n LAURRIE C. BOYLER. Plaintill' : IN THE COURT or COMMON PLEAS or : CUMBERLAND COUNTY, PENNSYLVANIA u. ~ vs. : CIVIL ACITON - LAW : NO. 98-3460 CIVIL TERM LAWRENCE J. BOYLER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE ]. 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! 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: )f'y, / j<;?>, V ~' < r: //o~cu/j~/~ LAlIRRI C. BOYLErt,lPlaintiff , <) \..':) () ...-. ':':1'.) ".1 .' -, r:-; . ~) . ; -n 2: - ;:c; ., ,"il l=l .-~ T i , ::1 f;;<: --OJ :>J , .- <: J ':") I..) j-" :::"1 -~: " :.JJ - r ,) -.; LAURRI C. BOYLE OF : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACITON - LA W NO. 98-3460 CIVIL TERM LAWRENCE J. SOYLER, Defeadant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 IC) OF THE DIVORCE CODE 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! do not claim them before a divorce is granted. 3. r 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. r VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATEtYJ?, Nj.f' ~~ ~ f . ENCE J. BOYLERfe end a i: r.:. ~r.J (:-'"; ~.' q c::> ::1 r" .~ :--) ;:,: ----! i :~ : ;-q c...', Iy i ) (') ~, :7 " ! -" -" ("') ~."' S.; :,,) , ) ['n n_' :~ . r ...., :.:> -, C' \:'J ,:> '-- ~) I -r; , d' 1 " , , Ii:::'; -- - ,::; ,;.; \~:) , i~-) )~ f~~ ~, , , -! .' -' :':'q , -- ',",.;' " l 1 1...}' '. .. ! ~'."..'..' 1\..., f ~ 1'1' !. r '~.\1' q '. 11 , [I!-;I. :1':::,:" ,t... 1(', i'l" !} /~-1._:':;""<' " LAURRI C. BOYLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98-3460 LAWRENCE J. BOYLER, : CIVIL ACTION- LAW Defendant : IN DIVORCE Stipulation for Entry of Qualified Domestic Relations Order The parties, Laurri C. Boyler, Plaintiff, and Lawrence J. Boyler, Defendant, do hereby stipulate as follows: 1. Lawrence J. Boyler, Defendant, hereinafter referred to as "Participant", is a participant in the Cumberland Valley Emergency Associates, LTD. 401(k) Profit Sharing Plan described below (hereinafter referred to as the "Plan"). 2. The current and last known mailing address of Participant, Social Security Number and date of birth are: Lawrence J. Boyler 15 Milesburne Road Shippensburg, Pennsylvania 17257 Social Security Number: See Addendum Date of Birth: See Addendum 3. Laurri C. Boyler, Plaintiff, hereinafter referred to as "Alternate Payee," is the former spouse of the Participant. 4. The current and last known mailing address of Alternate Payee, Social Security Number and date of birth are: Laurri C. Boyler 353 Arbor Crossing Medina, Ohio 44256 Social Security Number: See Addendum Date of Birth: See Addendum b 5. This order applies to the following plan: Cumberland Valley Emergency Associates, LTD. 401(k) Profit Sharing Plan. 6. A portion of the Participant's account in the Plan is marital property subject to distribution by this Court. 7. Alternate Payee shall receive the lump sum of Two Hundred Eleven Thousand Thirty Two Dollars ($211,032.00) from the Participant's account. The form of benefit shall be a lump sum payment. This sum shall be allocated to Wife as of the date of distribution, and shall not include any interest earnings or losses on that amount. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable following the Plan's determination that this order is a Qualified Domestic Relations Order. 9. Participant's death shall have no effect on payment of Alternate Payee's benefit under the Plan. The Alternate Payee is at all times to be deemed the surviving spouse for purposes of the Pre-retirement Survivor Annuity until this Order effectively assigns the funds to Alternate Payee as identified in paragraph 7 above. 10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. 11. The parties shall promptly notify the Plan of any change in their addresses from those set forth in this Order. 12. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee respectively. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 13. Nothing contained in this Order shall be construed to require any plan or plan administrator: (a) to provide to the Alternate Payee any type of form of benefit or any option not otherwise available to the Participant under the Plan, or (b) to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order determined by the Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order. 14. It is the intent of the parties and the court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance with Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 15. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as an Order of Court. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this Order. 17. A certified copy of this Order shall be served upon the Plan. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. BY TH COURT: Dated: Z J. Tho!nnaf A Piacey Common ryas Judge 7{ CONSENTED TO: PARTICIPANT ATTORNEY FOR PARTICIPANT awrence J. Boyl ALTERNATE PAYEE ` Laurri C. Boyler, Pro Se Distribution: ? John J. Connelly, Jr, Esquire, P.O. Box 650, Hershey, PA 17033 ? Laurri C. Boyler, 353 Arbor Crossing, Medina, OH 44256 c: W 77 cn Cr-_ r= r