Loading...
HomeMy WebLinkAbout98-05226,.,.: ~ ~. .. . ,~ . , Plalntllt pphra I-, Ooonradl ,., HI'It .1 ti ~U11! .~.~ " In ThQ ont-rt Af Aramman RIQns of PumNarinnd Qpunty, Ppnnsylvgnlq Paplcpt Nn~ op~~zae alVlh In plvprao , V, ppfendnnt fllpltgrd M, Ooonradl _~~fVI.~.Tl~R~6A'CI~KF~~RDER ANp NpW, Ihis 1 ~ dpyy of ,2oDd'", haaod on ihp flndinpa so{ forth UQlow In ItQmA nnQ lhrouph IIVQ, IT Is 1-IRf~FRY oflpFNl=p, Ap,lupGFp ANp PGoI~Gf~p In iloma elx through twonly~two 1~ PargQat ThQ partloe heroto worQ husband and wlto,-and a dlvarap aatlon le In tl la oourrt a- tlto €1Uovp numlaer, Thle Court hae pQr~onal Jul'ledlo{ion ovQr lha partlQS, T~iQ parties wore marrlQd on sQptembor 2, 19ao, ~~ PartiQlpgqnt lnformatiQnr ThQ namo, last known ~ddroAe, soolal dQnUrily numbers and datQ of birth of the plan "Parliolpanl" arQ- Namot Rlahard M; ooonracll ("parllolpant") ' Addroas; 71G WyndamerQ Load, I_awiel?orry~ f onneYlvanla 173ata soolal seourity NiuttUQr; 11o(i0-'10.7000 Rlrlh pate; Juno 21,, i tt~ra 3, Altor ate payee Informatitini Tho namo, last {mown addroae, sonisl seaurlty numbor, and dale of Uirth of ihQ "AllQrnatQ payoo" arQ; Nai o; pQUra I„ Uoonradt ("Al-QrngtQ pctye®'~) Address; ,010 AllQn drool Npw Cumborland, pQnnaylvanln 17070 soolal 3QOUrily Nuntbor; 11209-hp~0173 plrih Uato; May 30, 1 b5U ,. ThQ AllornalQ'Pgy9o shall. havQ IhQ duly to notify thQ plan ctdministl`ator In writing ot" any ohangoa,ln her Inalllna addroas subsequent (o she ontry of this ordor, ' a, plan Namet ThQ namo of iho plan to whlolt this Ordor appllQS Is tits NowUorryy 1'own~hip pelloo petinod ponofit flan (Annuity Conir'sot No, q,g287G) ~• (herelnatiQr roferred to ae "plan"), Furthor any suooossor plan to tho plan or any other IMan(s), to whloh liability for Itrovielon pl l~to PartlQipant's Uonotlts decorrlUQd UQlow Is Inourred shall also Uo aubjooi to thQ 1Qrma nt~ thle Ordor, -Also, any UonQflta aoor~lod U - 1hQ part~olpant undor.a predenessor plan of fife Qmployyor or a ty other dafh~Qd UQnefll plan spnnaorod Uy tltQ partlolpant's Qmployor, Whoropy IlaUll~ y fer Uon©Iila anoruod , under suoh prodeooaeol' plan or other dof rood bon©flt pIlan has ~oen transiorrod to tlto flan shall alas Uo auUJQOI to tltn terlnB of lhle iordor, Any nhangoe In plait ~'` Adm~nlatr~itor, plan sponsor, or namo of iho plan shall not q)fool Alternate payoa's rights as etlpulated under this OrdQr, pnANtftpt OI10IbR ' Ob•RA•Oi«RAR•108aQ ~ - I.i I'. ~ ,'-~ ~~ f;fiQUt of Tris larder qe a pAmestle Rpla tans ardert This ardor ~r~ates pnd reaapnlzes ih© ax stenep of alt Alternate pclyoe s rfpht la resolve a portion n( the f'al'llc?Ipani'e henpflte, s, Puraugnt to state poorest a Nelgt cane. hgwl T'111s order (a. ~nt~rad turqugnt to the auihorhy praniod in the fq~plloable clompsllo rolhilone IrtWs pf {'annayWaniq, 7, Far Provlalans of Marital . Pro~ert Rlphtst Thls ordor relates tp iho 4~revlslon ctf ntarltal pl'operiy rip tie as a ro uit ~f iho ordor of plval•po heiwb0n iho {'artloq~ant and the f~lterna{e Nayse, A, Amount of Alternate Payee's klenot'Itl Thls marital ~IohIorly ,CUmI?anent of ~~ ~ ihp elan la ihp aeot•ued pension benoflt fl'oyym septemUer 2, 1p©n to Jpnuary 1, 1©p'/, The aomponolil par mpnth froiii 111o11f'arllolpAn{'a boQtofj Ys,p°r4ent (ao°,6) of tlta mal9tal property , Q, Qost of hlVlnp AdJlustmontst The Altornalo (~ayoo shall roaslve a pro•rata share of any nos-,o(-IlVlnp adluatmen-s or olltor eoonomlo Iln rovemente made to the pparllolpant's peneflle on or a~ttltar !ho date of his rotiromont. ~uoh pro•rata share shall be oaloulated (n iho same manner as the Alternate f ayoa~a sltgro of the f artiolpant'8 ;'rellromant benstlts is oaloulated pursuant to eootlon t3, 1t1, oommeriaement pate of Payment to A terngte P yeel Tho Alternate r'ayoe wl~l aomrpenoo rooeivinp benoflts t~s soon as ac~lnlnlatrailvoly foasibl© after lho ordor Is storm ned to ho quallfisd by the Plan Adminlatrator~ 11 Farm of Payment to Alternate payees Tho Alternate nayoo's bono(Ii shall be dlstrl~uled to her in monthly payments, 12. hongth oT limo senefits w II bo ppald to the Alternate payeot Upon iho I'artiolpant's dogth, all payments to the ~Iternato payee shall ooaao, If thle Partlolpant sleeted a survivor bonpflt t(ot' the Altornalo Payoo upon his rotlrotnsnt, auolt survivor annuity will bo payable to her for ilto remainder of her ll(etlmo, 1a, early Retirement subeldy Tho Altornalo Payoo altall net bo entitled to a pro-rrata share bf any omployor~proV{dctd early reth•olnent Ri.lbaidy provided to the {'arliolpant on the date of his retiromelnt, 1A, t3uspansio~ of ~onof(tst If tlto Parllolhant's b©nofll ooaaoa du© to Ills return to employlneltt, llto'Alterltate ayeo's 15onefha III not ba suspended, 1s, peathr In the event of the des-It'ol a party hereto, tlto plfln shalt Uo enllllod to reoover any payments Issued on the assumption that suoh person was altos, If Altennate Payee predoooaeos Partly pant bIrier to Ito oo-nmonoel1~ens of his bonotlte, the Alternate Pay©e's porllon of palllolpanl's bsno~lta; as stlpula-sd Itereln, shall revert to the Partlnlpant, to the extent ptnrtnlilod under iho Plan, 1q. Small Valuet If the value bf the poitslon for either partyy Is f vo thousand dollars ($ti,000) or lose, or other amount as may be epool-led.ln the plan, the Plan mayy malts R', lump sum d strlbutlon of the amount whoa payable under the forms and eondltlons nt the Plan, , pttApTkbi 011810¢ Otl•ftA~Q1•RAQ•1083q- li I~ t~ I1~ I11 ~ ~. '- .~ ,. .. 17, awvlnae Rla4 sa{_ Thls order le npl Inlanrloct, and shall not po oonatruort hi such a manner as to require t~ta Plam (a) to provide any t.ypQ or form o hanatit option not athorwlse provided under the tonne of iho Planl (h) Io rsctulre Oho Plan to provlcie Inoroaeod boneflle dotorminsd on Ulo heals of aatuarlal valuer ' (e) to require Iho payment o(any benefits to (he Alternate Payoo that aro required to he Bald to another alternate Payoo under "another order that was pre~loualy deemad la by a p or o (d) to rtlpke anopaYment or take anY aotlon whloh la Cnoonaistont with ' any i d ral relate laws rule, ropulatlon nr appliaaUlo ~udlolgl dooli3i0n~ 11 ~Q, 08rt1rrlQAtto of NeROSSary inferm atlonr All payments made pursuant to this order shall be oandltlrnied ort the oortiflaatlon by the Altorltato Payoa and the Partlali~aiit to the Plan AdminisUator of suoh Informal on ae 1ho Plan Alm nIetrator I~ay roa80rtaply squire from auah parties to male the neooesary oaleulatlon of -he benefit amounts oohtalnsd „ - ~iersln~ 10, oonetruotlYe Ijaoelph In the event that the Plan'Trusloe ht'advortontly ays to the partlolpant any ponefits that are aseipned to thQ AAlt(ernate Payee pursuant to t~iQ forms of this order, the Partloipant shall Immsdlately reimburse fife Alternate Payee to the extonf that iho Pargolpanl has rsoelve auoh psnefl~paymonis, and shall forthwith pay suoh I amounts so reoelved dlreolly to the alternate PaYOe wllhin ten (10) days of reUOlp-, In the event t tat fille Plan Trustee Inadverlontlyy pays to tlio Apernate Payee any benefits th tare to remain iftp sole properly of•the Partialfpant pursuanbto the terms of t tla Order, the ~Iternate Payee shah Immediately reimburse fife Pa tlolpant to the oxt©ftt that the Alternate Payyee has reoelved suoh benefit payments, and shall forlhWhh pay suoh amounts so rooelvecl dlreotly to the partlolpant within ton (10) days of reaellyt, gyp, overpaymentr In the event that the Plan ,administrator doterminos that an ' overpayment has Uean made to the Parlioipant and/or Alternate ,payee for any reason, Inoludlripp but .not limited le, a Plan Adminlatrator's error In the. Participant's ponsiort oaloulatlan, or t to' P~irtlalpant's retroaotive ellglblllty ,icr aoolalI 9eourlty dleablllty aymsnts, anca the I?ra~tles oannol Dome to n aproomorit repardlnp their rospentlve labllllyy towards the .flan s rooms ~mont of suu~i overpayments, the Courl shall reserve urlsdlatlon r©garding the alloc~llon of auah. repayments tc the Plan between the artlalpaht and the Allornato Payoo, z1, Oantlnued Jurledlotiont Tho oourt shall retaln~urledlatlon wlth'respeot to title order to iho extent requlPod to maintain Its qualiflod status an the original Intent bf iho parties.as stipulated.. heroin. Tho oourl shall also retain Jurisdi4tlort to Dolor suoh lurihsr orders as aro neooseary to enfaree the assignment of benefits to the Alternate pa ee as set farlh heroin, Innludln ,but not Ilmiled b, the reoharaoterizatlon tl oreof as a dlVle~an of " benefits under another pan, as ap~pplloabjo, or o make an award of disablllty benefits chat mappy'' boonmo payable under the Plan, I1t1 ahpl~oable, or'to make an award of spousal dornply Wlklitthol p oivlslorie a nt~ odd Intlliisff''ordnrp equlrlrid Bald prAym Ilnes iottlio Alhi~itaie Payoo, I. pfiAPTHp, AI1A/AR Af'~RA~0I~RAR•14AAq I ._ ,. ,., i ~I ~ ar athprwwl o~ that ol~o amayyp~it Illy Ia~rmsllrincNl ptwl loin IUf Ilhla ~'alillo Ilp Rol~ajl~olia Orrlafliprp ihAl dimiiileh or axtlrl ulAli 1 la rl hte And Qntll~omonle of iha AltarnAlo hayyao Aq eat fnrlh horaln~ should iho~Artla~ ~An~ !Alta Any Aollo l or lAatlon to 11 p dalri Mont of the Aliprnato hAyoo !hp Parllal~flnt (or hla oetA(a~ ehAl~ ba raquh•acl to mA~co a Iflcaioilt I~~ymonta' dlraotly to iha Allarnata ('Ayoa la Iho oxtont ngooaaarv to noulrffallxo tho olfprate of tho PArllal~ nt's Ao11onH ar InAatlane, And la tho axtont of tho Altornflto PAyoa'e full ontltlomo~l~a horoundor, . • -1~loh~aarcl~Mt ~ oaorn•A j~~ f'Artlal Ant ~ ~~ .... ~.~ ~ cL~ ~~, L.(,~y1 _ ~.~.._~_' I pobrq I-.. ooonrAdl, Al~ornA o I'AVoo ,. pY 9'I- . Cou cr~(es q.,l ~~d ~--------- --- --- L, ~ g ,• n~ •~S-off ~. a 0. W 0.g11~2 ' • ~~oN~ ~ ~,a ~~~ ~ ~- Sli e.~ Ie I-s ~i i ,, --, bgANTbbf 3113/OR '' OB+R4~01•EgRr1Rd3Q ti ti .•, . . ±: I N THE COURT OF COMMON PLEAS ,s, `~ OE CUMBERLAND COUNTY w :. ~~ ,< .: e STATE OF PENNA. ., ~` ~ ~~ .. '~= DEBRA L. COONRADT °: - - - - ---------- ---'- - --- -- -------- --------------------- .....98-5226 N c~. .; Plaintiff ..... ................. .; r: . ., ~ s Versus ~:, > -. ,,. ~ RICHARD M. COONRADT, •. ,: ., . ,.•. Defendant '~ ;: -- - _.. it - -- t. i ~. .. DECREE IN ~ ,•, DIVORCE ~ ~ ~ . ~~f.r-~t • , '' AND NOW, ........... ...d~......... ,a ~~?~ .. it is ordered and ~- ~: ~~•-.: ~ DEBRA L. COONRADT decreed that ................................................. . plaintiff, ~• ,••, RICHARD M. COONRADT and ........................................................ .defendant, .. ,. are di~rorced from the bonds of matrimony. ,•• ,•, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet 6 been entered; -, ., '•` c NO CLAIMS PENDING i '` '~ ,. 0 ~ By T e r ,... ;i, -- -- - -- 6 Attest. J. ,. ,; b Prothonotary ;: 1'r~j f~~~-~ ~ ~~ f ~~° ~ fl\8iv\ltrnsmit.pc'ip\7-97 DEBRA L. COONRADT, v. Plaintiff RICHARD M. COONRADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM ACTION 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 § (3301(c)) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2 . Date and manner of service of the complaint : September 17, 1998, Certified Mai L, Return Receipt Requested, Restricted Delivery, postase prepaid 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff Aug. 16, 2001 by Defendant Aug. 16, 2001 {b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code• ; {2) A. Date of filinct of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: a~~ c~atMS serrteD 5. Complete either (a) or (b); {a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plai j~ff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: ~j.l~-fG/ Date Defendant's Waiver of Notice in § 3301{c) Divorce was filed with the Prothonotary: /l,-%(~~ ~ Attorney (PLA~TIF~( T) 60251 ~a <-~ ~~- ___ `' ~ ~ ~;~ tom; ~~_ <- =' c i DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. CIVIL TERM q~ - ~aa~ : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLEi~d RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TAE RIGHT TO CLAIM ANY OF TBEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T8E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue ~~ .., e~ ~- Carlisle, PA 17013 ~~o ~~ "'s; ~~~~ 9 ~+~~,.'~~; ~a~~~~® Telephone: ( 717 ) 249-3166 t'~~',f Eta#r`f x,:1.23 ;B~ .r ~f ..l lfL~X. \ l:v oSwe ,~J ~ ~ _. pr'o4honOt~ry E1\div\coopradt.ca~m\9-98 DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO . ~1 ~- 5 ~ ~ cam. ~K-Q -/.,~.~.-- CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is Debra L. Coonradt, an adult individual, who currently resides at 910 Allen Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The .Defendant in this action is Richard M. Coonradt, an adult individual, who currently resides at 715 Windemere Road, Lewisberry, York County, Pennsylvania 17339. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 2, 1989, in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- • r 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. COUNT I Request far Equitable Distribution of Marital Property Under S 3502(a) of the Divorce Code 10. The prior paragraphs of this complaint are incorporated herein by reference thereto. 11. The plaintiff and defendant have acquired property both real and personal during their marriage until the date of their separation. 12. The plaintiff and defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, plaintiff prays for the entry of an order distributing all the aforementioned property real and personal as the Court may deem equitable and just plus costs. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject -2- STONE, LAFAVEx & SHEKLETSRI ATTORNEYS AT LAW 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 fl\div~\lmailatv.aff r ,~ DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 98-5226 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Richard M. Coonradt, at 715 Windemere Road, Lewisberry, PA 17339, by United States Certified Mail, postage prepaid, restricted delivery, on September 17, 1998, as evidenced by the attached Certified Mail return receipts. SWORN TO AND SUBSCRIBED before me this /~R day of , 1998. ~7~ No a Public ~`JB~W ~Ui r ::.e0 ~f ;?. 7QP~~~E~ 1:0. Pv1y Corru~E~ss,>n c,.- ...., .i~:c:t= 27, 2JC71 ii 'I fl\div\agrmt.ord I DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant t ;R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM CIVIL ACTION - DIVORCE O R D E R AND NOW, this ~~ day of ~~ 2001, the property settlement agreement between the parties dated July 27, 2001, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE CO J. i~ fl\div\agrmnt.inc I ~ ~ DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM CIVIL ACTION - IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE Debra L. Coonradt, plaintiff in the above action, by her attor- neys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated July 27, 2001, into the Decree in Divorce. c F ~~~ fl\agm\coonradt.agr.wpd\6-01 ` ~ f y AGREEMENT THIS AGREEMENT, made this day of l- 2001, by and between DEBRA L. COONRADT, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and RICHARD M. COONRADT, of York County, Pennsylvania, (hereinafter referred to as "Husband"); W I T N E S S E T H: WHEREAS, Husband and Wife were lawfully married on September 2, 1989, in Dauphin County, Pennsylvania, and; WHEREAS, no children were born of this marriage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband -1- by Wife; the settling of all matters between them relating to the past, present and future support and/or maintenance of the child; the implementation of custody/visitation arrangements for the minor child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. -2- i parties at any time which might in any way influence the child ad- versely against the other party. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife -4- n i ,. may have or at any time hereafter have for 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 otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. WarrantSr as to Future Obligations. Each party repre- Bents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be -5- liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind in- curred by them, including those for necessities. 7. Assumption of Liabilities. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. a. Assumption of Debts by Husband. Husband assumes and agrees to pay and hold the Wife harmless against any debts and obligations that may have occurred post-separation other than provided by agreement herein. If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obligations, the Husband will, at his sole expense, defend the Wife against any such claim, action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. -6- b. Assumption of Debts by Wife. Wife assumes and agrees to pay and hold the Husband harmless against any debts and obligations that may have occurred post-separation. If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceed- ing. 8. Personal Property. Wife and Husband do hereby acknowl- edge that they have heretofore divided the marital property including, but without limitation, jewelry, gun collection, clothes, furniture and other personalty and hereafter Wife agrees that all of the prop- erty in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. -7- n 9. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. 10. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the ??. Wife shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 11. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the ??. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 12. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their proper- ty, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to -8- ~I ~ , , ~ control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 13. Real Estate. Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 715 Windemere Road, Lewisberry, York County, Pennsylvania. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Husband harmless from any such liability or obligation. Within ninety (90) days from the date of this agreement, Husband shall refinance the mortgage and note to Allfirst Bank, which is the holder of the mortgage, on said property. Contemporaneous with this refinancing of the mortgage, Husband agrees to give to Wife one lump settlement amount of Fifteen Thousand ($15,000.00) Dollars in compensation for her marital interest in the property. 14. Husband's Pension Plan. The Wife is hereby entitled to eceive one-half of the Husband's pension from the ~~ cs- ' Department. Said one-half will be calculated from date of marriage until date of separation on or about January 1, 1997. A -9- Qualified Domestic Relations Order will be drafted by Pension Appraisals, Inc., paid for by the Wife's attorney. The QDRO will be reviewed by both parties, submitted to the Court for an order, and finally will be sent to the Plan for approval pursuant to the terms of this agreement. 15. Wife's Pension Plan. The Wife has no interest, nor is she vested in any pension, retirement, or 401K Savings plan in her own name. 16. Husband's Life Insurance. The Husband has purchased a life insurance policy from Prudential Life Insurance for Twenty-Five Thousand ($25,000) Dollars in his name naming the Wife as the sole beneficiary on this policy. Husband agrees to maintain this policy in good standing and not allow it to lapse. The purpose of this life insurance policy is to compensate the Wife in the event that Husband pre-deceases her and she has not collected her marital portion of the pension plan as provided for in the QDRO. Wife is to be notified immediately of any change that may occur with regard to the policy. 17. Consultation. Wife shall confer with Husband on all matters of importance relating to the child's health, maintenance and education with a view towards obtaining and following a harmonious -10- J policy in the child's best interests and shall keep Husband informed of the progress of the child's education and social adjustments. 18. Enforcement. If either party shall bring an action or other proceeding to enforce this agreement, or to enforce any judg- ment, decree or order made by a court in connection with this agree- ment or the divorce of the parties, the prevailing party shall be entitled to reasonable attorney's fees from other party. 19. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 20. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: -11- a ~ a. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agree- ment. e. Fully and completely understands each provision of this agreement. 21. HeadinQS. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. 22. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. -12- i 23. Severabilitv. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 24. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 25. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 26. Waiver of Rights. Each of the parties hereby irrevoca- bly waive all rights which he or she may have to request any court to -13- equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 27. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 28. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpreta- tion, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 29. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent -14- COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On this, the ~ day of ~ 2001, before met the undersigned officer, a Notary Public, personally appeared Debra L. Coonradt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein con- tamed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. KkYE R, inUC~KEY, Notary t't~lic ~ Ct~~ia~d i3oro. Ci:rri#~t'i2~nd Co. Notary P 1 i c MY Cotnmissior- f.~irrrs ~tardt 27, 2005 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF ~~ II,,,,,~ , On this, the ~rvlday of 2001, before me the undersigned officer, a Notary Public, personally appeared Richard M. Coonradt, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above writt~rr^ tJ Notarial Seal Emi(y A. Wise, Notary Public -16 - ~ Commiss~lon• Dauphin County Expires May 19, 2003 ~- c .,. . - ~ . ~ ~, . , ~ f -.. r 1, , 1 ~ t' v ~fi..~ ~ f' S ~) ~ :.Ff. ~ ,~ ,, -. fl\div\consent.aff DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on September 9, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 decree. 4. 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. 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. ~ 4904 relating to unsworn falsifica- tion to authorities. Dat DEBRA L. COONRADT, Plaintiff +: W. C~ _ __.~ ~ f ,- .,~ u; - a,~- r. `_ r t" _ - ` ~~~ j~ d~ -C. 4,> 6 ~., i ~ ~ fl\div\1-waiver DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant + ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM CIVIL ACTION - LAW . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. Co ~a~~~~~~~~ ~ r.c~ Q Da DEBRA L. COONRADT, Plaintiff t°_ ~' 'rt _~ ~ ~ 7 ~' CI) ~; t7~ `~ ~~ G _ ''= C~ `,`] ~ ~ W '~` EBS Z 143 615 X99 'JS Postal Service Receipt for Certified Mail Flo Insurance Coverage Provided. ~o not use for International Mail See reverse .Richard M. Coonradt Street r4 Number 715 Windemere Road Pew~is~b' erry2lPAe 17339 Postage ~ Cer6fiad Fee O Special Delivery Fee u~ ~ Return Receipt Showing to ' ' .~_ Whom & Date .red a .Q Redim Re ~ , a ~B, TO .*~ ~ f ~"~ P o 0 LL • ~ I A.,.a t~oNii ~MiiMY ~ ~W non X41 r, r L~ asN~ ~ Ho PMl~ ~nOl( p -, ~: ' ~ C3 -~'" C: -~~c~ `~7 ti~C' ' >. , ~,._ ,, j•., ~' , ~;} -. , " . ~": ,, ~' { .. r „ ~ fl\div\consent.aff DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on September 9, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 decree. 4. 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. 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. § 4904 relating to unsworn falsifica- tion to authorities. 1 ~ • ~~ ~,...a ,~r~r. /~ z oa/ Date RICHARD M. COONRADT, Defendant c> ~.:. r_-_- ~ -~- ~ ~- .~~„ ... \ ., ~~~ ... • 4_ • . _~ ,,'g _ :% _ G\. - , ~, ~ fl\div\1-waiver DEBRA L. COONRADT, Plaintiff v. RICHARD M. COONRADT, Defendant r ., ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-5226 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division c.~f property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. Da e RICHARD M. COONRADT, Defendant C~. ."'.~ `1-1 *~' -:r - : 'r> ; ?~. C:~. .`~. i - ~- y.~.. r. -~~ ~. a s -. _ SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: August 16, 2001 DOCKET NUMBER: 98-5226 Civil Term PLAINTIFF/IR SS# 209-46-0173 NAME: Debra L. Coonradt DEFENDANT SS # 060-40-7600 NAME: Richard M. Coonradt