Loading...
HomeMy WebLinkAbout98-04180 I \ j I , I . i i ,1 ~! 01 \11 '~1 I I, 11I1 lIo.l < ~~!ii~. a '''<<" q "" ~ 1',1.. N"\ '\" ~ \ \ \, \ , , 1 , I i I , I I I I I I i I .(' '! '- '1 ,~I '. 1 i , ;1 ....1 ~I ,~I ,\ ~l eol ~! I I .1 ~i \ i I JANET B. BROWN, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY ,PENNSYLVANIA * vs. * NO. 98-4180 CIVIL TERM * RONALD W. BROWN, * CIVIL ACTION - LAW Defendant * IN DIVORCE 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 Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Served upon Defendant, Ronald W. Brown by U.S. Mail, certified, restricted delivery on July 24, 1998. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: January 28, 1999; by defendant: January 15, 1999. 4. Date of execution of the Waiver of Notice required by Section 3301 (c) . of the Divorce Code: by plaintiff: January 28, 1999; by defendant: January 15, 1999. 5. Related claims pending: None. 6. 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. NIA 7. Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated January 6, 1999. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301 (a)(1) and (4) and 401 (b) of the Divorce Code. Dated: /1 ' . 1../' Edward J. Weintraub, Esquire Attorney for Plaintiff ~ (') 0..0 0 c:: \D =<.:. -n ,." r.i ~ ..., '-1 rnl 'fj ..1 ;~j:n Z:n CO r- "'," '~,m en ,~~ "6 -/" ." :iJ r:::Or.. (..J ~C) -0 --, ):; r'; 1:.:~>-~ ~-c .....'] CJp )>'-' w on r.; :3 ""1 ~ 3..1 '. -< - MARITAL SETTLEMENT AGREEMENT ( 11-1- ., THIS AGREEMENT, made this e day of I, Mt. by and between Ronald W. Brown, hereinafter referred to as "Husband", and Brown, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 14, , 1999' anet B. 1981; and WHEREAS, certain differences arose between the parties as a result of which they separated on July 22, 1998, and now live separate and apart from one another, and 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 past, present and future support and/or 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. ~ (Initials) ,IF, (Initials) 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since July 22, 1998, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since July 22, 1998, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: fkvh (Initials) ;m (Initials) 2 ~ DESCRIPTION AMOUNT PERSON(S) NOW RESPONSIBLE A. Norwest Mortgage $118,883 Husband and Wife The parties agree that Husband shall hereafter be responsible for paying debt A above. Husband agrees to pay the outstanding joint debt as allocated and further agrees to indemnify and save harmless Wife from any liability for such debt. In the event that either party contracted or incurred any debts, other than those specifically identified herein since July 22, 1998, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. \' (),w(? (Initials) 3 ~ (Initials) 7. EQUITABLE DISTRIBUTION: A. Wife agrees to transfer to Husband immediately upon signing of this Agreement, all of her interest in and title to their jointly-owned real estate at 119 Mountainview Drive, Enola, Cumberland County, Pennsylvania subject to the mortgage of approximately One Hundred Eighteen Thousand Eight Hundred Eighty- Three Dollars ($118,883) given to Norwest Mortgage, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto. (1) On the date of the execution of this Agreement, Wife shall deliver to Husband a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 119 Mountainview Drive, Enola, Cumberland County, Pennsylvania. Thereafter, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate. (2) Husband agrees that upon the execution of the deed, Husband shall become the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (3) Husband shall promptly apply at his sole cost to obtain Wife's release regarding the existing mortgage on 119 Mountainview Drive, Enola, Cumberland County, Pennsylvania. Pending Wife's release, he shall continue t() be solely responsible for the existing mortgages, insurance, taxes and other charges associated with the property. jUArl7 (Initials) -:f8, (Initials) 4 B. Florida Condominium: Wife acknowledges Husband's transfer to her of all of their interest in their condominium at 1045 North West Country Club Drive. Apartment 205, Margate, Broward County, Florida, under and subject to all leases or other encumbrances. C. Contents of The Marital Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within 119 Mountainview Drive, Enola, Cumberland County, Pennsylvania. D. Content's of Wife's Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items of Wife's residence. E. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree that Wife shall retain the 1 991 Mercury Sable under and subject to any encumbrance. F. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of his /her IRA's, Pensions and Employment benefits, except that, as soon as practical upon execution of this Agreement, by Qualified Domestic Relations Order obtained or prepared by counsel for Husband at Husband's sole expense, Husband shall transfer to Wife fifty-six percent (56%) of the marital portion of retirement pay under his Boy Scouts of America Retirement Plan, assuring Wife that she shall receive half of the marital portion of any lump sum or monthly payments including cost of living increases (h1.rfr (Initials) 5 ::rP, (Initials) when Husband's pension goes into pay status. Husband shall further designate Wife irrevocably as the beneficiary of fifty-six percent (56%) of his survivor's annuity under his pension,omi any Iif" ill"uraooo now or nereofter-ffHlffact. Upon request 13'( WUe., not mere ort"" tR80 aRRuall'l. HusbaAG-shall-prodtlc:e evidence that :my re'1"irp.rl insurance tJ,emlUIII::i I'dvt: 1.""11 paid alld ,haL II,,, tJulic;y j" in attaGt. ~=-)13 G. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife acknowledges her previous receipt of Fifteen Thousand ($15,000.00) Dollars. Simultaneously with the execution of this Agreement, Husband, through counsel shall deliver to Wife, through counsel, certified funds to be paid to Wife in the amount of Seven Thousand ($7,000.00) Dollars. H. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. Husband shall retain the Mellon Bank Certificates of Deposit in the approximate total f/A)fT1r (Initials) 6 --::\p, (Initials) c' amount of Twenty Thousand Dollars ($20,000) plus all accrued interest and the balance, if any, in their Mellon Bank accounts. J. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. K. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect and each hereby waives any right, title or interest in the other's life insurance policies. 9. ALIMONY: Husband shall pay non-modifiable alimony to Wife in the amount of $1,500 per month commencing September 1, 1998, and ending on the, first day of the first month after Husband retires and Wife actually receives her first monthly check for her portion of his retirement pay. Alimony shall terminate in the event of either party's death or Wife's cohabitation or remarriage. For tax purposes, all alimony payments are intended to be deductible by the party paying alimony and includible as income to the recipient. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final ,~ (Initials) --;:;p, (Initials) 7 settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEAL TH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage as provided by his employer until entry of a final decree in divorce and thereafter for a period of thirty-six (36) months as provided through COBRA. Any payments for health insurance will not be considered alimony and are not included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue code of 1954. Commencing thirty-seven (37) months after their final divorce decree is entered, Wife shall be responsible for her own health insurance. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in Lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them,each will indemnify and hold harmless the other from and against an loss or liability for any' (/);1r!l-;- (I nitials) 8 such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file jointly in 1998 and separately thereafter. Husband shall pay 100% of any 1998 tax liability and shall receive 100% of any refund. 13. WAIVERS OF CLAIMS AGAINST ESTA TES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however,that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other. njJ1flv (Initials) -.:iB (Initials) . 9 party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Wife at cost by her counsel has filed an action for divorce under 33011c) of the Divorce code. On or before January 10, 1999, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no- fault divorce, providing counsel for Husband with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: 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 responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. fW..r11n (Initials) 10 "JB (Initials) ~."J:""":;-:':''::;:-:':::;'::.;'~;;r; A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: (iMft'Y (Initials) :>B." II . . Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: _/1/;tArft (Initials) :iB (Initials) 12 . . . .' , It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. 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. (SEAL) ClM 0 j Q" t6 1>19 . et . Brown (SEAL) Witness /t4;1J7ty (Initials) -:SA (Initi!lls) 14 . .. () "" 0 C. ...,? -~'I -::.- -n -, -JrJ".I rl"\ ~:...: -t1 n'rn CO .;"1p.;: "2.:n - _om :Z.l; ,il'? ~.i~. - ~:) ..40 r:"Ci -0 :.r::.H .~. 2:;C' ~ I-)-~ ,.,.0 ,~( ) '--:? o"cn >c':: _I :z (.Jl -", -J ~g -, -, 19. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER ~3502(dl OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 22. Pursuant to Section 3502(dl, Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(dl of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. 4 I!,; ,) 1\\.: j ~l''' :, ( iL 1'1 \ /'''' : ..::'~',;;i: ilr';; "/....'; I) "'I I,:':.t,;, 29. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 30. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 31 . Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VIII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 32. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 33. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 34. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 6 JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff + CUMBERLAND COUNTY ,PENNSVL VANIA + VB. + NO. 98.4180 CIVIL TERM + RONALD W. BROWN, + CIVIL ACTION. LAW Defendant + IN DIVORCE AEElD.AVIT OF.~.NSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 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 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. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: [-"['5 -9 ~ (\ . ~ '1) .t\ ~ -1 p,. ,.. - cJL_' J(~J B. Brown, Plaintiff c) V'l ('.J ~ .) " -q ,J r"'"1 ,-.1 . ' :'J I 'r- ,I"n ;'? . ,J ie) "!", i ::;:1 ,C) :,) ~ i II :, ':'l :::~ -. 1...,,'.'.-' \. UU , . ~., ___' J .............-.. "..~, ....'~".. JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff + CUMBERLAND COUNTV,PENNSVLVANIA + VB. + NO. 98-4180 CIVIL TERM + RONALD W. BROWN, + CIVIL ACTION - LAW Defendant + IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: r -7 l() ~q ~/ ....~~.~~':':.:;,~~.,., . "":"." '<',,~"'>:'~~',:'\' ;e'\\"i.~~:::':'~.\ '"""~'.>:~'::':".>~'~r<";~''''''~;'~'':::':\-':",,, '\;':"::':.~:"' ,:.r''o:l-?~ -;.~ .....r :' ., '. JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff + CUMBERLAND COUNTV,PENNSVLVANIA + vs. + NO. 98.4180 CIVIL TERM + RONALD W. BROWN, + CIVIL ACTION. LAW Defendant + IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF AND NOW, this ~\::tL 1 (1 day of ~10Ve(y)VXI"--- , 1998 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Emily A. Fritz, who being duly sworn according to law, deposes and says that on July 23, 1998, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Ronald W. Brown, Defendant, and the same was received by him on July 24, 1998 as indicated by the return receipt card which is attached hereto. c~, G- ': r _Il Emily A/Frit'z -'-,. Sworn to and subscribed before me on this inll) day of 1')0 v'(Jrn/y 'r, 1998. '1.- Ut 7lL2", ~ /-l;j.....f>J)L Jut) No ary Public / / Notariat Seal Queena J, Stremmel, Notary Public Harrisburg, Dauphin County My Commission Exprres Oct, 2, 200D f . , ('0 R: :I _Complete Ilema 1 andlor 2 for addltlonallervlc81. II .Com~8te items 3, 48, and 4b. I .Prtnl your n&me and address on the reverse 01 thlslorm 80 (hat wo can relumthll card 10 you, -Attach thIs form 10 1M Ironl 01 the mal1pleco. or on the back Ilapaco does not perml1, , !i! _Wrlta'Rerum RoCtJlpt Requested' on the mallplece below the article number. 'ti _The Return Receipt w1l1ahow to whom the article was dolivered and the dale g delivered, . J 3. Article Addressed to: I ~,(\CLW b1\v()n I \ ~ mO\,l daUI'l\( I el~0n\'~ ~\\ I?f\ 1l6"d--:) I elso wish to receive the following services (for en extre fee): i ~~~dressee's Address <rnestrlcted Delivery COnsult postmaster for fee. t 4a. Miele Numb.r c! ,\) 51 ? E 4b. Service Type ../. j o Registered Ertlflad '" o Express MslI 0 Insured .s o Return Racslpt lor Merchandise 0 COD i 7,OsteolDellvery 1-J...L/--CrY l 8, Addressee's Address (Only If requested 1 end fee Is paid) t=. g '" .!! Domestic Retum Receipt .+ ,. (') r -; ~~~ , "T) [,~i [' ~ ; ! , .:1' .J, , " , , (ii >. (' . ~< C-j ~~~ .' :~-: C) r) >';'; C) ITl f'; ;::! :":J : :'.'J -, - Plaintiff + IN THE COURT OF COMMON PLEAS + CUMBERLAND COUNTV,PENNSVLVANIA JANET B. BROWN, + vs. + NO. 98.4180 CIVIL TERM + RONALD W. BROWN, Defendant + CIVIL ACTION. LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Emily A. Fritz, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on July 23, 1998, I served a true and correct copy of a Complaint in Divorce filed on July 22, 1998, upon Ronald W. Brown, Defendant, by depositing same, postage pre-paid, certified, return receipt requested, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Ronald W. Brown 119 Mountain View Drive Enola, PA 17025 . .. . (') 1..') 0 C CO -., -,- 50 t.- 1 ""UOJ c: rnr;1 .- :11p1 Z:JJ ~~3t.: '" -tlrn .t='" -~6 r.:::C.t "0 -.J~I ~,~() :Li5 ~~ 'J S:E~ ~oJ or" 2: -, ,=:) .". 3. <0 ~ .-._~,..._.~,,;:-,':.;...:,- '~' JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff + CUMBERLAND COUNTY ,PENNSVL VANIA + VS. + NO. 98.4180 CIVIL TERM + RONALD W. BROWN, * CIVIL ACTION. LAW Defendant + IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 1 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: -,;,)' y;,- C) CI ~ ') f"'\ ~"- -I. ," _) . i'l,,/ '1./1 1:) I L,). LC--L,,,,- Jaje B. Brown, Plaintiff ( \ JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff + CUMBERLAND COUNTY ,PENNSVL VANIA + VS. + NO. 98.4180 CIVIL TERM + RONALD W. BROWN, + CIVIL ACTION - LAW Defendant + IN DIVORCE AFFIDAVIT OF CONSENT 1 . A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 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 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; -, ' -, C (' Date: ..-:,- I C) - .\ I , \'\ \ \ r...... (\l\;\Q-;\ ';)" \~,.:,c' Jane(,B\BrOWn, Plaintiff ",j JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff + CUMBERLAND COUNTV,PENNSYLVANIA + VB. + NO. 98.4180 CIVIL TERM + RONALD W. BROWN, + CIVIL ACTION. LAW Defendant + IN DIVORCE AMENDED 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 Section 3301 (c! of the Divorce Code. 2. Date and manner of service of the complaint: Served upon Defendant, Ronald W. Brown by U.S. Mail, certified, restricted delivery on July 24, 1998. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: March 13, 1999; by defendant: January 15, 1999. 4. Date of execution of the Waiver of Notice required by Section 3301 (c) of the Divorce Code: by plaintiff: March 13, 1999; by defendant: January 15, 1999. 5. Related claims pending: None. 6. 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. NIA 7. Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated January 6, 1999. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301 (a)(1) and (4) and 401 (b) of the Divorce Code. Dated:3-1c{-So, ~1 ~----- "0 ~/ '- I -4 . " . Edwar(j~J. WeIntraub, Esquire Attorney for Plaintiff JANET B. BROWN, + IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY,PENNSYLVANIA . VS. . NO. 98.4180 CIVIL TERM . RONALD W. BROWN, + CIVIL ACTION. LAW Defendant + IN DIVORCE AFFIDA vIr OF CONSENt 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on July 22, 1998. ninety (90) days have elapsed from the date of the filing and service of the Complaint. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 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 understand that false statements herein are made subject to the penalties of 18 I verify that the statement.s made in this affidavit are true and correct. Pa.C.S. Section 4904 relating to unSWom falsification to authorities. Date:.JanU,1J'Y4 d~ 199c( @ JANET B. BROWN, . IN THE COURT OF COMMON PLEAS PlaintIff + CUMBERLAND COUNTV,PENNSVLVAN'A . VB. + NO. 98-4180 CIVIL TERM + RONALD W. BROWN, + CIVIL ACTION - LAW Defendant + IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c! OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct.. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: jQnLlllt'l./ ~, 19q<f !, n '.D () C' '.0 hil " l. -., -; ;~~ r"q "I"" "i ;.:;:.; " - ;:.:; ". ,....) .. " 1 " , 0.' <;:' ~' ~:: ...' (~ r,~ ::~ ',-' :0 :.;... C :;;~1 G C) ,,) rTI :.n ;B :< -< Kcntucky, 40503, nnd whosc birth dntc is Fcbrunry 3, 11)39 nnd whose social sccurity number is 349-40-8220. 4. As pnrt of thc cquitablc division of the cstalc of the parties', thc court nwards, nssigns and grants to Allcrnatc Payce, 56%, of thc bcnefit accrucd by I'nrticipnntundcr thc Plnn from August 14, 1981 through July I, 1998 payablc ovcr thc lifc ofthc I'nrticipnnt. 5. Allcrnnle Pnyee shall hnvc thc right to elcct to rcccive bcncfit pnymcnls on or nfter thc dntc on which Participant nttnins (or would havc attaincd) thc "carlicst rctircmcnt age" as that tcrm ns dcfined by *414 (p) (4) ofthc codc or, iflatcr, as soon as administratively practical aftcr the Plnn Administrator has dcternlined that this ordcr is a Qualificd Domestic Relations Ordcr (but, if Participant is still then cmployed by the compnllY, taking into account only the present value of benefits actually nccrued by thc Participnnt betwcen August 14, 1981 through July I, 1998). If Altcmate Payee has not cleeted to rcceive benefit pnyments prior to the date Participant bcgins to receive pnyments under the Plnn or, ifearlicr, Participant's normal retirement date under the Plan, the Plnn shall commence distribution to Alternate Payee as of such dnte, provided Participant is then nlive. Aiternnte Payce shall have the right to elect any form of benefits permittcd by the Plan prior to thc date benefit payments to Alternate Payee commence, other than n joint and survivor annuity with respect to Alternate Payee and her subsequent spouse. 6, [[Participant is not fully vested upon distribution to Alternate Payee, the amount to be distributed to Alternate Payee shall be computed by applying Participant's vested percentage under ihe plan to the amount awarded to Alternate Payee. 7. If Participant dies prior to the commencement of benefit payments to Alternate Payee, the provisions of the Plan or of the law governing the operation of the Plan, ifany, 2 providing a survivor bcncfit for thc surviving spousc ofa dccc;lscd Participant, shall apply in favor of Altcmatc Paycc so as to providc Altcmatc Paycc with a portion of such survivor bcnefit. Altcmatc Paycc's portion of such survivor bcncfit shall bc that amount which is bas cd onthc portion of Participant's accrucd bcncfit assigncd to Altcrnatc Paycc undcr this ordcr. To thc cxtent ncccssary to givc cffcct to this paragraph, Altcl11atc Paycc shall bc trcatcd as Participant surviving spousc as providcd in ~414 (p) (5) ofthc Codc. 8. This ordcr shall apply ovcr thc life of Participant. 9. This order is not intended to rcquirc the Plan to provide any typc or form of benefits or any option not othelWisc providcd by thc Plan, nor shall this order requirc the Plan to provide for increased benefits (dctcmlincd on the basis of actuarial valuc), This order does not require the Plan to provide benefits to Altel11ate Payec that arc rcquircd to be paid to another Altel11ate Payee under anothcr order previously detenllined to be a Qualified Domestic Relations Order. 10. If Participant returns to work after retirement or after Altemate Payee has begun to receive benefits under this order, Alternate Payee's benefits shall not be affected by Participant's retum to work, II, All benefits under the Plan other than those awarded herein to Alternate Payee are awarded to Participant and shall be payable to him in such manner and fonn as he may elect in his sole and undivided discretion subject to the provisions of the Plan. 12. Altemate Payee is ordered to report any distribution of benefits received on any applicable income tax return. The Plan Administrator is authorized to issue a fOlm 1 099-R or other applicable tax fonn on any direct payment made to Altel11ate Payee, 3 ./" ~, when Husband's pension goes into pay status. Husband shall further designate Wife irrevocably as the beneficiary of fifty-six percent (56%) of his survivor's annuity under his pension,ond any life iA~uraRC&-l'IOW-Gr here';lfter in effect, Upon reque.,t hy Wife, not marc ofteR than annually, HU36and 3Rall preduce evidence that "ny rAqllired In31:11 due" premiums hav" b.,.", paiEl and that the policy i3 iR effect~ f1A5l? ~ G. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife acknowledges her previous receipt of Fifteen Thousand ($15,000.00) Dollars. Simultaneously with the execution of this Agreement, Husband, through counsel shall deliver to Wife, through counsel, certified funds to be paid to Wife in the amount of Seven Thousand ($7,000.00) Dollars. H. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property; and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. Husband shall retain the Mellon Bank Certificates of Deposit in the approximate to~al ~ (Initials) 6 -:18 (Initials),