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Home My WebLink About98-06895 .. I - I i I , , I ! I I I ~. .~ ~ -..;' .:s q: 9,.,. \1 ~. J .. ~ ~ ~ \;:)~ . ~ \..... : . i .....' . .~ / ~f ~i ~! '-!i , i 0..1 ()o.1 .1 .~ \, ~. .:<<. .:.;' .:.:'.:e:- ~.> ~, .-........._,-. .'. ~i ~' '1 $' ~~ ~~ , ~i , , <, ) i!-I ,I ~~ '. Wi ,,' . i ~I , ) ~) -"I ~! ~\ ;l ',') ~1 ~l * ~ " ~I ':'1 ~ . '. . , .;+;. .:.: <or.. .:.:. .:+:. .;+;. .:+:. -:.;. .:+:. .:+: .;+;. -:.;.~.:- :.: :' .;.:. -:.:. -:t:. :+;, .:+;. ....:- -:.:. .:.:. .:+:. .;. .. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ OOE,C/cJ: c4~ ,t3~.37fAi: AND NOW". ~" ~'" 19.,..... it is ordered and (~ decreed that..,. ~.',Qid ,E: Sp~ulding., . plaintiff, l* and" __' __ ' __ __ ,Che.?l L. Spa~ldin,g, __" __. defendant. are divorced from the bonds of matrimony, STATE OF DAVID E. SPAULDING Plainti f \'. 'r~lI' CHERYL L. SPAULDING Defendant ~ ,'. ,', ~ ~ ~ ~ $ ~~ ,>~;~~.. PENNA, ,<r"~').:...6f' . . ...\.'~:'~:{ ",), 98-6895 I') ~ 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; ~ The Marital Separation and Property Settlement Agreement $ ...... .... ........ .... .... ............ ,... "" '" ............ ... ..........., ~ ," d,~~ed, ,Ma:C?, ,22!, ,1,999... .is, .inc?~,~o~~t,~d, h~,r:~i~!. .bu~, ,f!o~, ~e:"'9~!i. ~ .' ~ :.' ~ ~ ~ :.:: l! :l. __ _,_ ~_ '''____V',,, - _. " """"._, v." .,v._v.__' ~--*---~---***--********** ~ f.' ~ ... ~ I':' \~ " ~ ',' l: ~ ",' _, _._._._~_.,~_...__~,.,_.i ~ .~.:. .:.:. ,~.:- .:.:- P. Prothonotary J. ~ ~ ~ ',' ~ ~ ~ ;v ~ ~ ~ ~ ~ ~ .. " ~~ (~ }.. :!! i,. :!! ~ $ ~ ~ ;1' .,' y ~ j l~ )', ',' i~ \ " I~ ~ * .,0- VOLUNTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT. made this 22'(1~ day of tv).,." \., , 1999, by and between DAVID E. SPAULDING. party of the first part, hereinafter called "Husband", and CHERYL L. SPAULDING. party of the second part, hereinafter called 'Wife", WHEREAS, the parties hereto were married on November 7. 1982 at Lebanon, Pennsylvania; have been and are Husband and Wife; WHEREAS, there were two children born of the marriage. to wit: Megan C, Spaulding, born February 11.1990; and Kate E. Spaulding, born October 16,1983; WHEREAS, irreconcilable differences have arisen between them, and the relations between the parties are and have been of such a character that the parties have voluntarily and mutually agreed to live separate and apart on account of which the parties have separated on July 1, 1994, and now have separated and live apart and in lend to live separate and apart from each other for the rest of their natural lives; WHEREAS, it is the desire of both parties finally for all time to settle, adjust. compromise and determine their property rights; all rights of support and maintenance by either party against the other by reason of their marriage, all dower, curtsey, alimony, and homestead rights, and any and all other rights existing between the parties growing out of their marriage relation; and NOW THEREFORE, in consideration of the promises and the mutual covenants of each of the parties, they do hereby covenant and agree with each other for their respective heirs, personal representatives and assigns as follows: 1, TERMS OF SEPARATION: (a) The parties mutually and voluntarily agree to continue to live separate and apart in separate places of abode, without any cohabitation, as they have since July 1. 1994, (b) Each party shall be free from interference, direct or indirect, by the other as fully as though unmarried, The parties shall not molest, harass, nor malign each other, 1 nor shall either attempt to compel the other to cohabit or dwell with him or her by any means whatsoever. Each party may. for his or her separate benefit, engage in any employment. business or profession he or she may choose and may reside in such place as he or she may choose. (c) It is their intention that a reconciliation, either temporary or permanent, shall in no way affect the provisions of this Agreement having to do with the settlement and disposition of their property rights in their respective realty, if any, any personality, unless a new Agreement is entered into in writing, mutually revoking and rescinding this Agreement and entering into a new one, ,2, ALLOWANCES TO WIFE AND CHILDREN: , I: (a) Husband hereby agrees that Wife and children shall continue to be entitled to use 'I I, and enjoy all medical and dental services, commissary and post exchange privilege, and other I Ii services allowed to Wife as a result of Husband being a member of the United States Armed ii Services, This right shall continue until a final Decree in Divorce is entered, Upon the entry Ii of the final Decree in Divorce, the entitlement shall cease for Wife but shall continue for the Ii children until the occurrence of an emancipation as defined in Paragraph 2(c), Husband shall \' sign any necessary paperwork to assist Wife in obtaining ID cards for herself and the children II for as long as they are entitled to them under federal law and military regulations, i (b) Spousal Support and Alimony: Husband shall pay to Wife spousal support in the I i amount of One Thousand One Hundred Four and 53/100 ($1,104,53) Dollars per month, which I I said payment shall be made on the first of each and every consecutive month commencing \ with the first day of the first month following the execution of this agreement and continuing until the entry of a final decree in divorce, Upon the entry of a final decree in divorce, the . payments shall be automatically converted to alimony and shall continue thereafter, in the same amount, unless modified in accordance with this sub-paragraph, The alimony payments shall continue thereafter until the first of the following to occur: (1) death of Husband; (2) I death of Wife; (3) Wife's remarriage; (4) Wife's cohabitation with a member of the opposite Isex; or (5) Wife's receipt of her portion of Husband's military retirement in accordance with this 'I agreement following Husband's retirement from active duty with the military, The term of the alimony shall not be subject to modification, The amount of alimony shall be subject to modification upon a significant change in either party's financial circumstances, in which event the alimony shall be adjusted in accordance with the Pennsylvania support guidelines and shall I II continue, as modified, for the balance of the term of the alimony, I (c) Child Custody and Support: Husband agrees to pay to Wife child support as Idetermined in accordance with Pennsylvania law (currently $1,462,53) on the first of the , , 2 II I I' I r I I I [ month subsequent to the signing of this Agreement and continuing until said child is r .m",oIp.I"'. An .mooop,'" ~ool ,h.1I b, Ih, fiml ol~. 101l~;"g, (1) d..~ ol~, I child; (2) death of Husband; (3) marriage of the child; or (4) until the child attains the age . of 18 years or graduates from high school, whichever last occurs. (d) Medical Expenses for Children: Wife and children are presently covered under TRICARE as a result of Husband's military service. The coverage for the Wife shall terminate upon a final Decree in Divorce, The coverage for the children shall continue until the occurrence of an emancipation event as described in paragraph 2(c) above. The parties further agree that any medical or dental expenses of the children not covered by insurance shall be divided equally between the parties, Any medical or dental expenses of one of the parties not covered by insurance shall be the sole responsibility of that party, (e) The parties shall have joint legal custody of the children, Kate E, Spaulding and Megan E. Spaulding, Wife shall have primary physical custody of the children subject to the following periods of temporary physical custody in favor of the father: (1) when Husband is residing within 130 miles of the children's residence, he shall have temporary custody every other weekend from 9:00 AM on Saturday to 6:00 PM on Sunday; (2) when Husband is living within 1,000 miles of the children's residence, he shall be entitled to have temporary custody of the children from 6:00 PM on the Wednesday preceding Thanksgiving through 6:00 PM on the Sunday following Thanksgiving in even numbered years; (3) when residing within 130 miles of the children's residence, Husband shall have temporary custody of the children from 4:00 PM on Christmas Eve until 11 :00 PM in even numbered years and from 8:00 AM to 9:00 PM on Christmas Day on odd numbered years, If living beyond 130 miles from the children's residence, Husband shall be permitted to have temporary custody of the children from December 23 to December 30 in even numbered years; (4) During the period of June 30 to August 30 each year, Husband shall be entitled to 45 consecutive days if he resides beyond 130 miles from the children's residence or 21 consecutive days if he lives within 130 miles of the children's residence; (5) and other such times as the parties may mutually agree, 3 It I I (f) Husband will provide the cost of transportation for the periods of visitation, (g) The funds that havo been saved for the children's education shall be placed in a trust account for both children with Husband as Trustee. Husband shall supply to Wife by April 15 of each year a statement reflecting the status of the account. Except for educational expenses and taxes of either child, no funds may be expended from the trust without the written agreement of both parties. 3, DIVISION OF PERSONAL PROPERTY: (a) A list of assets is included at Schedule C and a list of liabilities is included at Schedule D. (b) The parties hereby agree to divide their personal property, The items of personal property on Schedule A will become the property of the Husband and the items of personal property on Schedule B will become the property of the Wife, Henceforth, each of th~ parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to the Husband or Wife respectfully, with full power to the Husband or Wife to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried, (c) Personal Effects: All items of personal effects such as, but not limited to: Jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or any property, personal or otherwise specifically disposed of pursuant to this Agreement, shall become the absolute and sole property of that party who has had the principal use thereof or to whom the property was given or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any such tangible personal property of the other, Wife agrees to allow Husband to store personal property currently in storage at the Hummelstown residence until Husband's retirement from the United States Army, 4 II . (d) Intangible Personal Property (including life insurance): Wife hereby acknowledges that United States savings bonds purchased prior to the marriage by Husband from December, 1971 through September, 1982 are sole and separate property of Husband, The parties further agree that any and all savings bonds purchased in the name of either party since the marriage are marital property and will be redeemed for cash value and used to liquidate marital debt. The parties further agree that the Individual Retirement Account (IRA) held in the Husband's name with USAA Life and Health Insurance Division, USAA Life Insurance Company, USAA Building, San Antonio, Texas 78288 shall be used to liquidate any remaining marital debt; the remainder of said IRA, if any, shall be divided equally between the parties. Husband further agrees that he shall maintain a life insurance policy with a face value of $50,000,00 on his life with the Wife named as beneficiary until the final Decree in Divorce. Upon divorce, the Husband will continue to maintain said life insurance policy, changing the beneficiary to a Trustee to be named for the benefit of the children. Husband shall maintain said policy in full force and effect until an emancipation event as described in paragraph 2(c) above occurs for all his children, Each party retains ownership of any other existing insurance policy on his or her life and is free to maintain or not maintain any other insurance policies on his or her life and are free to name as beneficiary of said policy anyone he or she so desires without any claim of the other party, (e) Motor Vehicles: Wife shall own as her sole and exclusive property a 1993 Toyota Camry, and a Wheel Horse 42 inch deck lawn tractor. The Husband shall sign, upon execution of this Agreement by both parties, all necessary paperwork to transfer title to the Wife, Wife shall also assume all fees, maintenance costs, and insurance bills on said motor vehicles, Husband shall own as his sole and exclusive property the 1987 Ford Escort, (f) Real Estate: The parties are owners by tenants by the entireties of a house with one acre of land located at 5 Lora Lane, Hummelstown, Pennsylvania, Wife shall continue to live at said real estate without payment of any rent due to Husband until the 5 II II. I \ I final Decree in Divorce, except as herein provided, Wife shall be responsible for all I mortgage payments, taxes, maintenance, and any other expenses, lienable or otherwise, on said property for as long as she resides there and shall indemnify and hold Husband harmless for any portion of aforementioned expenses that accrues while she so resides there, Upon the signing of this Agreement, title to the property shall be transferred to the Wife. Wife further agrees to refinance the property removing Husband's name from any mortgage within one hundred twenty (120) days of the entry of the final Decree in Divorce. The Wife agrees that if she decides to sell said property in the future, the Husband will have right of first refusal as purchaser, Selling price to be determined by an appraisal from a state certified appraiser chosen by the Wife, Husband will bear the cost of said appraisal. If Husband does obtain a second appraisal, the fair market value shall be the average of the two appraisals, The Wife will notify the Husband in writing of her intent to sell said property, (g) Pensions: Husband is a member of the United States Army and is entitled to a pension upon his retirement therefrom. Husband agrees to pay to Wife, effective upon his retirement from the United States Army, for the remainder of her life, fifteen (15%) percent of his disposable retirement pay, The parties further agree that the Husband shall elect Survivor Benefit Program (SBP) in an amount sufficient to allow Wife to receive fifteen (15%) percent of his retirement in the event of his death until the Social Security offset occurs, Disposable retirement pay will be defined in accordance with the Former Spouse Protection Act located at 10 U,S,C,A, Section 1408(a)(4), The parties will agree and stipulate to a Qualified Domestic Relations Order (QDRO) providing for the retirement payments as set forth above and further agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction over implementation and enforcement of the QDRO including retaining personal jurisdiction over the parties, The parties acknowledge that Husband's military retirement benefits are marital property and that the provisions of this paragraph are intended simply to divide that marital asset and do not work or constitute an exchange of assets and that the payments to the Wife 6 Ii I !I II pursuant to this paragraph shall not constitute alimony, spousal support, or the like, which are deemed only to be division of a marital asset. I; (h) Debts: Current marital debts incurred by Wife as described in Schedule D , i will be liquidated by redeemed U,S, Savings Bonds and liquidation of the IRA described in paragraph 3d, The parties will pay these debts within sixty (60) days of the date of thus agreement. (i) The parties further agree that neither will incur any future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless (rom any and all liability thereon, 4, TAX MATTERS: The parties agree to execute and file joint Federal and State income tax returns for the year 1998 and for any subsequent year individual returns, Husband shall claim as an exemption, for Federal income tax purposes, his daughter, Kate E, Spaulding, Wife shall claim as an exemption, for income tax purposes, her daughter, Megan E. Spaulding, 5, COUNSEL FEES AND COURT COSTS: Each party will be responsible and liable for their respective counsel fees and court costs for the prosecution or defense of any action between the parties for a final decree of divorce, 6, ACCEPTANCE AND FINAL RELEASE: Waiver of Claim Against Estate: The Wife agrees the estate of the Husband shall belong to the person or persons who would have become entitled thereto if the Wife had died during the lifetime of the Husband; and the Wife further agrees that she will not contest in any manner any Will of the Husband to be probated and will allow administration upon his personal estate to be taken out by the person or persons who would have been entitled to do so had the Wife died during the lifetime of the Husband, The Husband agrees that the estate of the Wife shall belong to the persons who would have become entitled thereto if the Husband had died during the lifetime of the Wife; and the Husband further agrees that he will not contest in any manner the Will of the Wife to 7 II, be probated and will allow Administration upon her personal estate to be taken out by the person or persons who would have been entitled to do so had the Husband died during the lifetime of the Wife, Each party releases to the other and to the heirs, executors, administrators and assigns thereof all claims or rights of dower, curtsey, or inheritance, real or personal, of the other, whether now owned or hereafter acquired, 7. FURTHER ASSURANCES: The parties, for themselves and their respective heirs, personal representatives and assigns, do mutually agree to join in and execute any instruments and to do any other act or thing that may be necessary or proper to carry into effect any part of this Agreement, or to release any dower or other right in any property which either of said parties may now own or hereafter acquire, including the execution and delivery of such deeds and assurances as may be necessary to carry out the purposes of this Agreement. 8, INCORPORATION: With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court, In the event the court shall fail or decline to incorporate this Agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof, It is further agreed that regardless of whether said agreement or any part thereof is incorporated in such decree, the same shall not be merged in said decree, but said Agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns, 9. INTEGRATION: This Agreement contains the entire understanding of the parties. There are no representations, warranties, promises, covenants or understandings other than those expressly set forth herein, 'l ;- r~ ~~.. 8 II Ii II ,: I' !i Ii 10. PRIOR AND SUBSEQUENT AGREEMENTS: II The parties hereto hereby cancel, annul and invalidate any and all other prior " II property settlement agreements by them at any time heretofore made, Any subsequent II modifications or additions to this Agreement shall be effective only if in writing signed by I[ both of the parties, i 11, INDEPENDENT COUNSEL, PARTIES FULLY INFORMED: Each party has had independent advice by counsel of his or her own selection, Each party regards the terms of this Agreement as fair and reasonable and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein, 12, MODIFICATION AND WAIVER: (a) No modification or waiver by the parties of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. (b) None of the provisions of this Agreement shall be subject to modification by any court, 13, BINDING EFFECT: All covenants, promises, stipulations, agreements, and provisions contained herein shall apply to, bind and be obligatory upon the heirs, executors, administrators, personal representatives and assigns of the parties hereto, 14, NOTICES: For the purposes of this Agreement, all notices or other communications given or made hereunder shall, until written notice to the contrary, be given or mailed to the Wife at R.D,#2, 5 Lora Lane, Hummelstown, PA 17036 and to Husband at 535 1st Street, Carlisle, PA 17013, In the event that either Husband or Wife shall change his or her permanent residence, he or she shall forward, by registered mail, notice to the other of them within five (5) days after such change or any removal. 9 II !1 I I 15, DATE OF AGREEMENT: The effective date of this Agreement shall be the date of the Wife's signature, INJTNESS WHEREOF, I have at Carlisle, Pennsylvania. this /;tI- day of ~ ' 1999. set my hand and seal to this Agreement. and I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct. WITNESS 1//' I- 'J?'r [j vid E, sp!ut:ing IN WITNESS WHEREOF. I have at LQ..,~-.....v>(, P\1 . this 2?"a I I day of f"\;w..'J-, . 1999. set my hand and seal to this Agreement, and I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing document are true and correct. WITNESS ~ .\fJ2j rl)~1f Cheryl L, S aulding ~ 10 Ii I II i I I I I COMMONWEALTH OF PENNSYLVANIA I' COUNTY OF CUMBERLAND : J ., III 1/, / I HEREBY CERTIFY that on this, day of (I{ ../ , 1999. before me. the subscriber, a Notary Public of the State and 'ounty aforementioned. personally appeared DAVID E. SPAULDING and made oath in due form of law under the penalties of perjury that the matters and facts set forth in the foregoing Agreement are true and correct and that he acknowledged that the Agreement was his voluntary act and deed, COMMONWEALTH OF COUNTY OF C' '^ "",h..e_~ I HEREBY CERTIFY that on this 2. 2.,,9 day of MO..A,L , 1999, before me, the subscriber, a Notary Public of the State and County aforementioned, personally appeared CHERYL L. SPAULDING and made oath in due form of law under the penalties of perjury that the matters and facts set forth in the foregoing Agreement are true and correct and that she acknowledged that the Agreement was her voluntary act and deed, WITNESS my hand and Notarial Seal. 1W#1 ~ Notary u6lic l~ JIOTAFlIAI.. .iE!mOJlne tJgNFf/.J) :f:AL ---7 '.'Y c",mmlsSI 1'0. CUm~!Jry PUblic' OIl Cxplrflll ,,~d CO!!fl ty i , "'1/, 17.iIOOC/ I II SCHEDULE "A" Nonmarital Property of the Husband: 1. Dresser. cherry, 9 drawer 2, Corner desk with bookshelf and chair 3. Cabinet with bookshelf, 40 inches 4. Cabinet with bookshelf, 30 inches 5, Coffee table with cupboard, maple 6, Tables, end with drawer, 2 each 7, Kitchen table. 39 inch, with four chairs 8. Desk. maple. 60 inches. with chair Marital Property to be Sole Property of Husband: 1, Flight simulator 2, Tools 3. Corelle dish set 4. Silverware set, 8 piece 5, Stereo CD Player 12 II 'I' 'I Ii Ii SCHEDULE "B" I Marital Property to be Sole Property of Wife: 1, Queen bed with mattress, frame, and head board 2, Bunk beds with mattresses, frame, and head board 3, Dresser, wicker, four drawers 4, Bookcase, maple, matches bunkbeds 5, Make-up desk, oak 6, Wardrobe, oak laminate 7. Work station, oak 8, Dining table, maple, 84 inches with six chairs 9, China cabinet, maple 10, Server, maple with two leaves 11, Recliner, teal fabric 12, End table 13, TV with cabinet 14, Portable TV 15, VCR 16, Refrigerator, 32 inches, double door 17, Freezer, 62 inches 18, China set 19, Oneida silvelWare 20, Corelle dish set 21. Utensil set, 8 piece 22, Hotpoint washer and dryer 23, Lawn table and six chairs 24, Dehumidifier 25, Night stand, Oak, 2 each 26, 2 Sofas, teal and beige 27, Computer, 8008 with monitor and printer 28. Computer, AST-Pentium with monitor and laser printer 29, Coffee table, maple, 2 each 30, Sofa, 3 piece, beige 31, Easy chair, teal 32, Microwave oven i r I' I f I, , ~' Ii Nonmarital property of Husband to be given to Wife 1, Double bed with mattress, frame and headboard 2, Dresser, oak, 5 drawer 13 I ! I ! I I 1 Ii I I Real Estate I Residence: I SCHEDULE "C" Major Marital Assets Estimate $175,000,00 5 Lora Lane Hummelstown, PA 17036 Appraised on October , 1998 (Appraisal attached) U,S, Treasury Bonds, November 19B2 to Present (Face Value: Approx, $12,300,00) Approx, $9,100.00 Individual Retirement Account (IRA), November 4, 1998 USAA Life and Health Insurance Division San Antonio, Texas 78288 $39,307,92 Savings Accounts: Members Credit Union $480,00 Automobile, 1993 Toyota Camry Automobile, 1987 Ford Escort Household Property (Estimated) (See schedules A and B) $7,200,00 $500,00 $20,000.00 14 it II II I' II I; Ii :, " Ii " , Ii I, I II Real Estate Mortgage " Ii II II I I SCHEDULE "0" M:ljor Marital Liabilities $40,322,00 First Union Mortgage Corp, Account $9427196 Credit Debts incurred by Cheryl L. Spaulding GM Mastercard Account Number 5437-0003-1657-8097 Capital One Mastercard Account Number 5291-1513-2834-8642 Shell Mastercard Account Number 5369-9340-4010-2507 Advantage VISA Card Account Number 4326-9651-2804-2507 JC Penny Account Number 076-729-851-6 Bon Ton Account Number 078-922-440 Credit Debts Incurred by David E. Spaulding USAA Federal Savings Bank $2,900,00 $350,00 $0,00 , ~' .) r, I I I, It; .~~. >.., AT&T Universal Credit Card AT&T Calling Card l'i 15 DAVID E, SPAULDING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98.6895 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, CHERYL L. SPAULDING, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1, Ground for divorce: irretrievable breakdown under ~3301 (c) of the Divorce Code, 2, Date and manner of service of the complaint: Certified mail on December 8, 1998, 3, Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code, By Plaintiff: June 15, 1999 By Defendant: June 15, 1999 4, Related claims pending: None, 5, Date the Waiver of Notice in ~3301 (c) divorce was filed with the Prothonotary: By Plaintiff: June 16, 1998 By Defendant: June 16. 1998 . t, t ) I , DAVID E, SPAULDING, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 'I> (;Jn6,." 'j/"... v, .1 CHERYL L. SPAULDING, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is David E, Spaulding, an adult individual, currently residing at 535 1't Street, Carlisle, Cumberland County, Pennsylvania, 2, Defendant is Cheryl L. Spaulding, an adult individual, currently residing at R.D,#2, 5 Lora Lane, Hummelstown, Dauphin County, Pennsylvania, 3, Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4, Plaintiff and Defendant were married on November 7, 1982 in Lebanon, Pennsylvania, 5, There was a prior action for divorce filed July 7, 1994 in Dauphin County Court of Common Pleas at 2657 S 1994 which was dismissed in January 1998 for inaction. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies, 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling, 8. Plaintiff and Defendant are citizens of the United States of America, 9, The parties' marriage is irretrievably broken, 10, Plaintiff desires a divorce based upon the belief that Defendant will after ninety days from the date of the filing of this Complaint, consent to this divorce, , I'. ; I, \ ~~fUlO~t8WrQiji~~1ffZ~'~;il'i' [I-~AtLIW-=-1E ' ;~\;~~=~~}7(:,~l~":'::~':~~':~::,';r":-:., Ii " " 1\ DAVID E, SPAULDING, Plaintiff I I v, \ CHERYL L. SPAULDING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO, ',t - (..U! (',,', : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint filed in the above captioned case upon Cheryl L. Spaulding, by certified mail, return receipt requested on December 8, 1998 addressed to: Cheryl L. Spaulding RD #2, 5 Lora Lane Hummelstown, PA 17036 and did thereafter receive same as evidenced by the attached Post Office receipt card dated December 8, 1998, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA,C,S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, TURO LAW OFFICES /;<//~r Date ::ti!d~e 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff r! 'I 'I 'I I, II DAVID E, SPAULDING, I Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-6895 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v, I i CHERYL L, SPAULDING, ,i Defendant " II II !I , WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (e) OF THE DIVORCE CODE Ii 1, I consent to the entry of a final Decree of Divorce without notice, !I 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa,C,S, 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, , ~\ L\\C \~ \C1q~ DateU " '..' DAVID E. SPAULDING, Pluintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW . CHERYL L. SPAULDING, Defendant NO, 9B,6895 CIVIL TERM IN DIVORCE , i' ,. ,. :. AFFIDAVIT OF CONSENT " i I' 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 7 i: l,December 1998 and was served upon the Defendant on or about 9 December 1998, Ii 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) IldayS have elapsed from the date of filing of the complaint and the date of service of the ,I , IcomPlalnt on the Defendant. II 3. I consent to the entry of a final decree in divorce either after service of a Notice of Ilntention to Request Entry of the Decree or upon filing of my Waiver of the Notice of , I Intention to Request Entry of the Decree, 4, I have been advised of the availability of marriage counseling and understand that ~he Court maintains a list of marriage counselors and that I may request the Court to require h,y spouse and I to participate in counseling and, being so advised, do not request that the pourt require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. II Section 4904 relating to unsworn falsification to authorities, I I I 'I ~ ,.\ \' l')' :"Cji"'.CA I :. \\A.r, _ "1-!-- DATE, , /1;' '1)(' j /./' \ ~ /," ft;( , ~ !/:,:'VifU ai1/(/ CHERYL L./SPAUt.:D1 tJ DAVID E, SPAULDING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 98-6895 CIVIL , i v. I I CHERYL L. SPAULDING, , Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, CHERYL L. SPAULDING, hereinafter referred to as Former Spouse, and DAVID E, SPAULDING, hereinafter referred to as Retiree. have entered into a comprehensive property settlement agreement dated March 22, 1999; and WHEREAS. as part of the settlement agreement Retiree agrees that the Former Spouse receive fifteen (15%) percent of his U,S, Army Pension; and WHEREAS. counsel for Retiree and counsel for Former Spouse have acknowledged that this Qualified Domestic Relations Order is being made pursuant to the Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the provisions being made by the Former Spouse relating to her marital property rights; and WHEREAS, it is intended that this Order will qualify as a Qualified Domestic Relations Order. as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and the provisions hereof shall be administered and interpreted in conformity with the Code. Pursuant to Section 414(p)(2) of the Code. the following facts are hereby specified: 1, The Act to which this Order applies is the Uniform Services Former Spouse Protection Act of September 8, 1982, 2, The name of the Service member is DAVID E, SPAULDING whose current mailing address is 535 1" Street, Carlisle, PA 17013, and whose social security number is 129-38-0876, 3, The name and address of the alternate payee is CHERYL L. SPAULDING whose current mailing address is RD 2, 5 Lora Lane. Hummelstown, PA 17036 and whose social security number is 165-46-7841, " " II II 4, Military Retired/Retainer Pay, Former Spouse shall be awarded a monthly fifteen percent (15%) share of Retiree's U,S, Army Retired/Retainer pay II upon Retiree's retirement from the United States Army, I Disposable Military Retired/Retainer pay as used herein will defined in accordance I with the Former Spouse Protection Act located at 10 U,S,C,A, Section 1408(a)(4), together with any costs of living increases or similar increases that occur, The sharing of Disposable Military Retired/Retainer pay shall commence upon Retiree's receipt of the Retired/Retainer pay and shall continue until the death of either party, Pending the implementation of this Order by the Defense Finance and Accounting Service, the Retiree shall pay the Former Spouse's entitlement directly to her, Retiree shall elect the Survivor's Benefit Plan annuity sufficient to allow Wife to receive fifteen (15%) percent of his retirement in the event of his death until the Social Security offset occurs, Under the terms of the Uniform Services Former Spouse Protection Act, the United States Army, as the paying authority is required to directly pay Former Spouse her monthly percentage share of Retiree's monthly disposable Military Retired/Retainer pay because of the following, In the course of the parties' marriage, Retiree formed at least ten years of service credible and determining his eligibility for Retired/Retainer pay. The parties were married on November 7,1982 and were divorced on 1- 2." ,1999. Retiree began service credible and determined his eligibility for Retired/Retainer pay with the United States Army on July 13, 1970, and is currently on continuous active duty, Neither Retiree nor Former Spouse will do or cause to be done any act which will cause this provision to become null and void, and each party agrees that this will be the final Order pertaining to the division of the Retiree's disposable Military Retired/Retainer pay, Retiree and Former Spouse agree that the Retiree's Military Retired/Retainer pay is and shall be accruing as a result of his service in the United States Army and that the Military Retired/Retainer pay is marital property subject to equitable distribution by the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Retiree and Former Spouse further agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, is competent to divide the parties' marital property i! i' d d 'I I incident to their divorce pursuant to Section 3301(c). of the Divorcl'l Code, Retiree and I Former Spouse finally agree that the Court of Common Pleas of Cumberland County, I Ii Commonwealth of Pennsylvania has jurisdiction over the Retiree for the purpose of dividing II his disposable Military Retired/Retainer pay because Retiree specifically consents to the i Court's jurisdiction to divide his disposable Military Retired/Retainer pay, Retiree acknowledges and agrees that he has been afforded his rights under the Soldiers and Sailors Civil Relief Act of 1940 (50 U,S,S, Appendix 501-591), The Court shall retain jurisdiction over Retiree's Military Retired/Retainer pay for as long as the parties both shall live. The Court shall also have the authority to make every just and equitable Order not inconsistent with the other provisions hereof. The Court shall also have the specific authority to make any Orders it deems just and equitable as a result of the income tax consequences, which flow from the division and distribution of the Retired/Retainer pay. The Court shall also have continuing jurisdiction to make every Order reasonably necessary to implement and accomplish the direct payment to the Former Spouse by the United States Army of her percentage share of Retiree's disposable Military Retired/Retainer pay, including the right to advise the United States Army of the precise amount or percentage of Retiree's disposable Military Retired/Retainer pay to be payable to the Former Spouse, BY THE COURT: ~2\ I ~Rl1 J,