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HomeMy WebLinkAbout98-07211 I , ,"1 \')i , , I I I I ~. IJ' i ~i I I II VI! ~, \. <ii' ~. 'il: l~ I , i I , .! l , I I ; ! I l f I I t , I I ; r f I ~ (' " ~ \~ :- , .~ - \'::) - - ~ l:' 6.. <;}- ,::~;~_~.~:.::.::".::.~:._.:!:~:~;:,"':..:' ,'~:',,~.:' ,'~:' ::~;: '~;.:.::~:~"::~;',,':.:: ';.: ';.:' .,.: ':.: .;.;, ;. ':.:' .:.: .;.: ';.:::+;', ,;.;:::~:'_~';:-:=!:.:.. ';1 ~ ~ ~ ' ' ~ ~ ~\ ~l ~ s ~) ~I ':' ~ ~\ " ~ ~l " ~\ ",,:'1\ " ~ * ~ ~ .. ~ ~) ") ~ ... * ~i ~,,::\ ~.' ~ ~I ':'( ~( ~: 7:) ~~ ~: ~ ~ ~ ~( :; \ ~i i ~! y, ~i y .~:..: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF l:s' ~'~:~~,"~".' PEr"NA. t t ,~-<{.. %:7" ~ .....t~.....;.;".. \",~~;r"''( ~ * .. ~ * ~ * * * ~ \,., ~ * .. ~ ~ * * ~ ,. * ~ ',' ~ ~~ '.' ~ '.' ~ \~ \~ l~: (~ \~ \~ \ . i~ (", I~ \~ I~ ':.- ('.' J. "'~ JOHN J. BAKER, l': o. 98-nl1CIVILTEllcM '~ :~ ':!- ~ ~~~.~,.*..~.x..~.~..~:..~.,~~..~:.~;':.::.::.:':.:"~::.~.~:,.:~.~:,.~;.~.~:,~:.~..~' - -,-~~, ~ , ~~-.;.; ,-.-. \ ',,". _' '\~' " ',.,~':'.. _ ':,:'.; ..... ":,.;~'_\,.' . ", ,". " ,f",_, . Plaintiff V(\l';;I1.-':: KELLY LYN BAKER, Defendant AND NOW, DECREE IN D I V 0 R C E ~ /:(;') f'tIo. , , , ' , , ' , ,~ . ~ ' , ' 19,1''1 , " it is ordered and decreed that and,..""". ' JOHN ,J. BAKER " " . " plaintiff, , ' . ' ' , . " defendant, .......... ..". KELLY LYN BAKER ,........." ,............... are divorced from the bonds of matrimony. The court retains jurisdiction 01 the following claims which have been raised of record in this action lor which a linal order has not yel heen entered; , ~ lSGUeG are outstanding. All issues 11ave been resolved and settled by the parties,'. M~lTiage. Settle,mentAgreement dated 1/6/99, fol.ed.of ,~~~,?rd. ~nd., incorporated but not merged into tlliG Decree. . ,........... Pi'll! hOllolary II v Atl""I:~ , ,. '/~'.1" d,/ "7:,' m"':';V~" .,4 AAJ)f/ '/"'V " '" :r d, 'fo' "n,./ - J , /l' (( C<' ~" ,/,./ '7' -1/, /., ,!.,/ /' ,(.~... (.'t ~ (~, (,--:a'~__'/l_ " . ..- ..- .. '. ' ' , ' , " DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737,0100 FAX: 17171 975.0697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 CIVIL ACTION - LAW DIVORCE , . 4'! ,. ^ . ,', . .. '. , " l. . " " ~, :' ,~.: ~.'~" ", ',.,,'.,: KELLY LYN BAKER, Defendant MARR.IAGE.......SETX-LEMllli.T~GREEMEN.T. THIS AGREEMENT mode "i~oY oeM "' 19S"! by and between KELLY L. BAKER ("WIFE") of 437 7th Street, New Cumberland, PA 17070 and JOHN J. BAKER (" HUSBAND II ) of 1302 Selwick Drive, Camp Hill, PA 17011. WIT N ESE T H : WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on June 12, 1982 in Wellsville, Pennsylvania and separated on December 26, 1998. WHEREAS, There were one (1) child born of this marriage: LINDSEY E. BAKER. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the Page 1 ; -~-, -~~, ~ intention of HUSBAND and WIFE to live separate and apart for the rest of their nal:ural li"Jes, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obl igations 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 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. NOW I THEREFORE, in consideration of the premises and 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. INCORPORA'rION OE.....EREAMBI&;.. The recitals sel: forth :en the preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the AQreement. 2 . AGREEMEN'l'.-NOT.-A_BAR.....'1'O_J).I'lORCE-l'.RO.CEEDINGS: This Agreement shall not be considered to affect or bar the ::ight. of HUSBAND and I'JIFE to an absolute divorce on lawful grounds if such grounds n()\~ exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is nOI: intended to condone and shall not be deemed DIANE G. RADCLIfF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (7171737.0100 rAX: ';7171975.0697 1';'9c 2 DIANE G HADClIJ t, 34481R!NDlL \lOAD CAMP Hll L PA '701' PHONE: (7~n 737-010G rAX: (717\9n,.0697 to be condonation on the part of either party hereto of any act or acts on the pare of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3. I2I'lQRCE_DECREE..:. their marriage is ", ! 1" . ,.... . " ~ " -". -. - -';:. "\ . ' "." , . '. '. . . , ~ The parties acknowledge that irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4 . EF..E.ECT_O.F_DI'lQRC.E._DECREE;. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 5 . AGREEMENT_.TO.J3E._INCORPORATED-IN_DIY.ORCE._DECRE.E..:. The terms of this Agreement shall be incorporated into any Di VOlTe Decree ~Jl1ich may be entered with respect to them. P<:lS3C' .~ ~J- 6 . NON.=.MERGER:. This Agreement shall not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8 . DISTRIBU'UOlLD.ATEJ.. The transfer 0: property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution. of this Agreement unless otherwise specified herein. 9. y.OL.UNTARL.EXEClrl'ION AND EAIRNESS OF AGREEMENT..;. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, WIFE acknowledges that she has been advised of her right to be advised by an attorney of her own choosing prior to entering into this Agreement and that she voluntarily has decided not to retain such counsel. and further acknowledges that WIFE accepts said l\grc:ement and that said acceptance is not based DIANE G, RADClIfr 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717) 737.0100 FAX: 17171975,0697 P3ge -1 ;-1. '1 . . " " ' ,,-, ',' ,",. " . "" ,', \' . " ,',,'. , .' ..... on any advice or representation made by HUSBAND'S counsel, DIANE G. RADCLIFF, ESQUIRE, nor has any such advice and/or representation been given to WIFE by said counsel. 10. EIl'IAN.C.IAILD.IS.Cl<O.5.URE.l. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets which has been provided to each party. The parties further acknowledge that the financial disclosure has included the disclosure of the mari tal assets and debts set forth on the Marital Estate Analysis, attached hereto, marked "Exhibit AU and made a part hereof, and that it is the parties intent to distribute those assets and debts in accordance with the distribution set forth in the Marital Estate Analysis. 11. pISCLOSURE AND WAIVER-QF PROCEDlmAL RIGHTS: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both ~ ' "'. . . ',. , ' . .: ".' " ',.,.' . - . . , . . part ies understand that a court decision concerning the DIANE G. RADCLIFF 344S TRINDlE I,OAD CAMP Hill. PA 17011 PHONE: (7171737.0100 FAX: (717\9"1S-0C197 Page 5 DIANE G. HADClIFF 344S1RINDlE ROAD CAMP Hill, PA 11011 PHONE (7111737.010" FAX: 1717) 31;.0&97 parties' respective rights and obligations might be diffel:ent from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where an income and expense statement is hereafter required to be filed in any child support action or in other proceedings pursuant to an order of court. c. The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. The right to have the court determine which property is marital Clnd \~hich non-marital, and equitably )3 Page 6 DIANE G. RADCLIFF 3448 H<lNDLE IWAD CAMP Hill. PA nOl1 PHONE: 17171 737-0100 FAX: (7171975-0697 distribute between the parties that property which the court deLermines to be marital. e. The right to have the com:t decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and , expenses. 12 . E.E~ALJ'RQ!'.ERTY..:, HUSBAND and IHFE do hereby acknowledge that they have previously divided their tangible personal property including, II I but without limitation to the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and .{ appliances, tools, pictures, books, works of art and other personal property ("the Personal property"). Hereafter WIFE agrees that all of the Personal property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; and HUSBAND agrees that all of the Personal Property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hex'eby specifically waive, release, ( renounce and forever abandon whatever claims, if any, he or she may have ..~ith respect to the above items which shall become the sole and separate property of the other. 13 . AE'IER=ACQU.IRED.__PROPERTY~- Each of the parties shall hereafter own and enjoy, independently of ,my claim or right of the other, all property, tan"ible or intangible, real, peJ:sonal or mixed, PtjiJf: '] acquired by him o~' her, since December 26, 1998, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 14 . IllY.ISI.Ql'LQFJJ::HI.CLES_,J.0AT.s-.AND3HE-LIKE..:. snowmobiles, With respect to the vehicles, boats, motorcycles and the like ("the Vehicles") owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. The 1997 Volkswagen Jetta shall be the sole and exclusive property of WIFE. b. 1997 Nissan Sentra and HUSBAND'S International package van shall be the sole and exclusive property of HUSBAND. c. Identification of the vehicles shall be deemed to include not only the Vehicles, but also the sale value or trade in value thereof if the Vehicle had been sold or traded in prior to the date of this Agreement. d. The tit les to the Vehicles shall be executed by the part ies, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. DIANE G. RADCLlf f 34481 RINDlE IiOAD CAMP HilL, PA 17011 PHONE: 17171737-0100 FAX: 17171 975,OG97 Paoe 8 " , " .,' . '. . '.".: ~" .' ~~"'~-"," _.,'._.~..:,,~ >- ~"""T~'~""-!."-:!';.~~~~~~~~": ,r:._ -., "---;:-., .~:' ~ '~..' "" , :_ .' " , ," . DIANE G. RADel il I 34431 HINDI [ [<OAll CAtJ.P Hill, PA 1701' PHONE: (717) 737-010[' FAX' (717) 97S.0G::l] e. For purposes of this PaI-agraph the term "title" shall be deemed to include "power of attorney" if the title to the vehicle is unavailable due to financing arrangements or otherwise. f. In the event. the Vehicles are subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. g. It is further agreed that WIFE shall payoff her Volkswagen vehicle loan from the $30,000.00 she is receiving from HUSBAND's HR-10 plan and that she shall make such payment in full within five (5) days of her receipt of the said $30,000.00. Each of the parties hereto does specifically waive, h. release, renounce and forever abandon whatever right, ... ~ +- 1 Co L..................... al1d interest they may have in the Vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 15. DIYISIONOF_REAL-ESTATE~, The parties are the owners of a certain tract of improved real est.ate knO\~n and numbered as 437 7th Street, New CumberL:md, PA 17070 ("the Real Estate") having an approximate vClluc: of $92,000.00 and which is encumbered with a mortgage O\':eO t.o FN'~ having all Clpproximate balance of $76,000.00 {"the Pe.ge :J II .'r'~i ., I \1 ~.~~ ; I DIANE G. IV,DClIFf' 3448 TRII'DlL ROAD CAMP Hill, rA 17011 PHONE: (7171737,0100 rAX: (7171 975.0G97 Mortgage") . Wi th ref3pect to the Real Estate and the Mortgage the parties ag1:ec as fo11.ows: a. HUS13I\-"JD shall make, execute and deliver all documents in the usual form conveying, transferring and granting to WIFE all of his right, title and interest in and to the Real Estate, and HUSBAND agrees that he specificallY waives, releases, renounces and forever abandons all his right, title and interest therein. The deed of . . t"" . i " . . '. " '..' 'j " , ~ '. ,',' I " : ".~ '. ' ' . ~, ( . conveyance therefore shall be executed by HUSBAND at the signing of this agreement and held in escrow by HUSBAND'S attorney's pending the refinance or sale of the Real Estate as set forth in subparagraph c. below at which time it shall be delivered to WIPE for recordation. b. The said conveyance shall be subject to all liens and encumbrances, including, but not limited to, the lien of the Mortgage and shall be under and subject to any covenant and restrict ions of record. WIFE shall hereinafter be solely responsible for the payment of the Mortgage and shall indemnify, protect and save HUSBAND harmless therefrom. c. \HFE shall refinance the l>\ortgage within sixty (60) days of the date of this Agreement so as to release HUSBAND from further liability thereunder and shall pay all costs incurred as the result of said ref inancing. In the event WIFE is unable to secure said refinance and/or release, then the Real Estate shall be listed for sale and sold at the best price ohtainable. At settlement on said sale P<i\;C~ } 0 ,: . -' ,_......._~_.,,~ DIANE G. RADCliFF 3448 TRINDLE HOAD CAMP HILL PA n011 PHONE: (717173'1-0100 FAX: (7171 975-0W7 the net proceeds after payment of all normal and reasonable settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid to \-11 FE as her sole and separate property. Further in the event of sale, WIFE shall be solely responsible for the timely and prompt reporting and payment of any and all taxes, incl uding capital gains taxes or the equivalent, and shall report the same on her applicable income tax returns and shall indemnify, protect and hold HUSBAND harmless therefrom. 16. EACH_.l'AR'I.YJETAINS-0IDLRETIREMENT AND PENSION PI.ANS: Except as hereafter provided each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in .any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any other employee benefit plan and any other retirement type plan of the other party, whether acquired through said party's employme:'lt or otherwise ("the Retirement Plans") . The Retirement plans shall become the sole and it 'IU :;t..: '.......... . l\;"' , I I .' '" " , . ~ : t'. " - , : . . , ." .' ,- . \: ' r.'. . I At.... separate property of the party in whose name or through whose employment the Retirement plan or account is carried. The foregoing notwithstanding, it is agreed that WIFE shall receive the amount of $30,000.00 from HUSBAND'S HR-IO Plan and that HUSBAND shall receive the remaining balance in that HR-IO Plan. A Qualified Domestic Relations Order shall be apprDved and executed by the parties to carry forth the intent Page 11 -~. - '~ ,., ;~:"""n1:o:o~==11 of this Paragraph. Since WIFE will be withdrawing the said I I I . ' .',', . ,', ',: .' " '.' .' .' ' :. .", " ,~. \ '\'~ .' .,' , . '.' . . Clmount and not: rollinq it over into another retirement plan, she shall report her receipt of the funds received from HUSBAND'S HR-10 Plan and shall be solely liable to pay any and all taxes resul ting therefrom and shall indemnify, protect and hold HUSBAND harmless therefrom. I f HUSBAND makes any withdraws from the Plan he shall be solely liable for the payment of any and all taxes resulting therefrom and shall indemnify, protect and hold WIFE harmless therefrom. 17 . MONE'IARYJ'AYMENT..:, Within 48 hours of WIFE'S receipt of the sum of $30,000.00 from HUSBAND'S HR-10 Plan as set forth in Paragraph 16 herein, I-IIFE shall pay HUSBJI.ND the amount of $7,500.00. 18. IllYISI01LQE.J3ANlCACCOUNTSiJlTIl_CK/.LIFJL-INSTTKANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certi f icates of deposit, bonds, shares of stock, investment plans and life insurance cash value and hereafter t.lT'C't:' ~ _ ..L... .... t,hat all said bank accounts, agrees certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sol e and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties does specifically waive, release, renounce and DIANE G. R,\DClIf f 3448 TniNDLE !lOAD CAMP Hill. PA 17011 PHONE: 1717} 737-0100 fAX: (7171970-0097 Fa~lc' ) r) 1'~~ DIANE G. I1MJClIFF 3448 TRINDiE 110AD CAMP HilL. PA 17011 PHONE: 17171737,0100 FAX: 17171975-0697 forever abandon whatever right, title, inter-est or claim, he or she may have in any bAnk account, certificates of deposit, bonds, shares of stock, investment. plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 19. WAlYER-J)F-.1NHERITAN.CB-;, Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 20 . NIEE_~_lLD.E13.TS..t WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAl,D or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBA1\jD or his estate might be responsib1 e. WIFE shall I . . . " , . ^ . ." (' _ " . '. '.', '. ~.' , "< " . '.~.' . ,'. " " . ., . r , . . . . indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts Ol:' obligations incurred by her. 21 . HUS.13AND~S-DElITS.L HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which \'lIFE or her estate might be respom,i !lIe and I-lUSBA!'Ij) furt her represents and warrants to Pao(;, ) 3 DIANE G, RADClIFF 3448 TRINDlE ImAD CAMP Hill, PA 170' 1 PHONE: (7171737-0100 FAX: (717)975-0697 --,~ WIFE that he will not contract or incul- any debt or liability .:l f: ter the cxecuU on of: this Agrcement, for which WI FE or her estate might be responsible. HUSBAND 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. 22 . MARITAL.._DEBT_:. During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without '-::"'1:~",..."...'~"'';'-' , ' . '~'.~' .. :'f'~" ":..:;;"..~"" "", .:~,)-"~, ' :~ >f,'~~' :"'<j;';-,: ."-.,~ " ~~.. ;'i:;r_...~=~T;:;~ ~",:. ;>-- ~''''''''~', r .' . ." -.' . ,', ... ".' I' '. ascertaining for what purpose and to whose use each of the bills were incurred, the parties agree as follows: a. WIFE shall be solely responsible for the following bills and debts: 1. Any and all taxes resulting from the withdrawal of the $30,000.00 from HUSBAND'S HR-10 Plan as set forth in Paragraph 17 herein; 2. The PNC ~lortgage having an approximate balance of $76,000.00 as set forth in Paragraph 15 herein; 3. The costs of refinancing the Mortgage as set forth in Paragraph 15 herein, if applicable; 4. Any and all taxes resulting from the sale of the Real Estate as set forth in Paragraph 15 herein. 5. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in \oJIFE'S sole name, and not otherwise provided for herein. Page 14 OIANE G. RADCur F 34481RINl-:E ROAD CAMP Hill. PA 170" PIiON[: 1717} 73]-O~OO FAX' (717} ~n5.0G97 b. HUSBAND shall be solely responsible for the following bills and debts: 1. HUSBAND's Visa ct-edit card account having a balance of approximately $800.00; 2. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in HUSBAND'S sole name and not otherwise provided for herein. c. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. d. Any joint debt shall be canceled so that neither party can make any further charges thereunder and if said charges are made in violation of this Agreement than the party incurring said charge shall immediately repay the same. e. Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereafter inC"llr j t ~ and the party incurring or having incurred said debt shall pay it as it becomes due and payable. f. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for \~hich that party is individually and solely liable and the parties shall cooperate in closing any remaining "ccounts which provlde for joint liability. r;;.'iqe 1 ~_, ~_'-W~~ .,...~.,;". .: <,'. .~~_.:" ;"~"_,:u,~"",~,,,_,~,,",,,,,_-,,,:,,,,~~~,,,,P':i1€~""""'-:::"":1I1~r'.AW:I-'" '~lc"'.~-.""~_~'" ..,..., . ,"" '....". 4:~. " . 23. BANKRUPTC~: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herei.n. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right and option to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 24 . ~E.C!1RllLBENEEI'l'S_J- The parties agree that subj ect to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 25. INCOME,.TAXJ'RIOlLRE'I'URNSl The parties have heretofor-e filed joint federal and state 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 any los", 01' liability for any such tax deficiency or DIANE G, RADCI.Ifr 3448 TFiINDlE HOAD CAMP Hill, PA 17011 PHONE: (717) 737-0100 FAX' (717) 975.0697 Page 1 G ,. assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 26. ElNAL EOUITABLE DISTRIBIITIOH-QY_EROPERTY: The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the risht to have the court divide and distribute their marital property and debts and their right to divide and distribute said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 27. WAIYER-OF ALIMOID', SPOU.sJ..L SUPPOR'LAND~STS-:- Except as hereafter provided the parties agree an~ do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. HUSBAND shall pay vII FE a 1 i many in accordance with the The foregoing notvJi thstanding the parties agree that following terms and conditions: a. Commencing with the ezecution of this Agreement and continuing monthly thereafter through and including the DIANE G, RADCLIFF 3448 1 RINDlE ROAD CAMP Hill. PI, 17011 PHONE: P171737-0100 FAX: 17171975-0&97 Page 17 1\ month of December 2009, or until the death of either party or WIFE'S cohabitation or remarriage, whichever shall first occur, HUSBAND shall pay WIFE alimony in the amount of $250.00 per month, which amount shall be prorated for any partial month. b. The alimony shall be reported by WIFE as income on her applicable income tax returns and deductible by HUSBAND on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between HUSBAND and WIFE associated with a dissolution of their marriage and pursuant to a written marital agreement. c. It is further understood and agreed that the $250.00 monthly shall amount be increased or decreased periodically to correspond with any increases or decreases in the taxes and insurance on the Real Estate being distributed to lHFE pursuant to the terms of Paragraph 15 herein. d. It is further agreed that in the event WIFE seeks and obtains child support in excess of the $400.00 amount set forth in Paragraph 29 herein during the period that alimony is due lHFE from HUSB.<ND, then HUSBAND'S alimony obI igat ion sha 11 then be reduced by the amount of the child sllppo.rt increa,'lc in excess of the $400.00 monthly amo~_lrlt, it bei,ng the parties' intent that HUSBAND'S obligation to pay alimony and child support shall never DIANE G. RADell I f 3448 1filNDl E HOAD CAMP Hllt, P/l. 17011 PHONE: (717) 73/,0100 fAX: (71'l19i'S.tili9] p,.UJ(' J 8 '..'.~.~..:r . , , . ;' :-~...-~. .~. '. ,'-" "'".', - ~'1!~ .:0.", <'1:~"'..-.-".:7' ~~''''~~''---';:-~~.- -.:-~_.~.~.... ~~ I '.' '.' .'" \' e)(cced the combined total amount o[ $650.00 per month, as aoj usted for the tdxes and insurance as heretofore provided. The parties shall share and have joint legal custody of their minor child, LINDSEY E. BAKER, (hereinafter referred to as "the Child"). Each party shall be entitled to participate, jointly with the other party, in all major non-emergency decisions affecting the Child's health, education, rel.igion 2 B . Cll'S_T_OD,Y_: DIANE G. RADCLlf F 3448 TRINDl E ROAD \ CAMP HILL. PA 17011 PHONE: 17171737-0100\\ CAA' "'" "'0"" I pursuant to the foregoing the and general well being. following shall apply: a. Each party shall be entitled to access to any and all information, persons, entities and documentation regarding the Child so that informed decisions can be made. b. Non-major decisions involving the Child's day to day living shall be made by the party then having custody, but to the extent possible, the parties shall attempt to make such rules and follow such schedules as would provide the Child with continuity, regardless of the party with whom they are then residing. c. Emergency decisions regarding the Child shall be made by the party then having physical custody, but that party shall communicate to the other party the nature and extent of the emergency and shall provide that other party with a11 information pertaining to the treatment so Pa~]e 19 DIANE G, RADCLIFF 34461 RINDl[ ROAD CAMP HilL. PA 17011 PHONE: (7171737,0100 FAX: (7171975,0697 \ . that the ot:her party may be involved in the decision making process at the earljpst possible time. d. Upon receipt by a party, copies of the Child's school schedules, special events notifications, report cards and the like shall be provided to the other party. Each party shall share with the other party any other information and documentation, or copies thereof, that each party possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other party. e. Each party shall provide the other party with at least 48 hours advance notice of school or other activities whenever possible. f. Neither party shall make any derogatory comments about the other party in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in the presence of the child. Further, neither party shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other party. g. Each party shall not i fy the other party of any medical, dental, optical and psychological appointments and/or treatment for the Child sufficiently in advance thereof so that the other party can attend. Page 20 h. Both parties shall be <ltforded reasonable telephone contact with the Child while hl the other party's custody. WIFE shall have primary custody of the Child, subject to liberal and reasonable rights of partial custody at such times as the parties shall mutually agree, taking into consideration the Child's desires and directions so that she may be provided with free and unfettered access to both parties. 29. !::lULILE.UHOR~ HUSBAND agrees 1:0 pay WIFE the sum of $400.00 per month for support of the Child payable monthly on or about the 1 Bt day of each month for the month in advance or at such other periodic intervals as may be convenient and mutually agreeable to the parties. HUSBAND'S child support obligation aforesaid shall continue until the earlier OCcurrence of a change in the parties' custodial arrangements resul ting in the parties sharing physical custody of the Child or in HUSBAND having primary physical custody of the Child or December 31, 2004, at which time, if a child support obligation legally remains, it shall be adjuctcd equitably in accordance with State Child Support Guidelines. 30 . EDUCATIOHAL__EXPENSES,,t The parties intend equally contribute to the educational expenses of the Child for undergraduate college and/or post secondary vocational or technical training, including and limited to the expenses therefore incurred for tuition, room and board and booke. If a party is expected to contribute to DIANE G_ RADClIF F 3448 TR;NDl ( HOAD CAMP Hill. PA 17011 PHONE: 1717) 737-0100 FAX: (7171975-0687 Pa~JC' :!] ~,..".............-...-. - -" -. -, ., , ~, ... ... , . ,~, , , . -. i?\:f,""" \.'" 'l,O~..t"'l'-""'~~'{"'lf"';:I!'l\tl't'UJl~j;"~j\L\:;h~ "''''' ",... ~.,:'" _ _ " ,~ . . , ' . . ""'~, . ", ~ .~.". j (" V. I . " ." ". . ,,_. .,'. , ,_. . " DIANE G, RADClII F 34481 mNDl[ f10AD CAMP HilL. PA 17011 PHONE: 1717} 737-0100 FAX: (7171975-0697 ". those ecJucational costs, each party \~il.l consult with the other party and j ointl y agree as to the expenses to be incurred and the educational institution to be selected for the Child. since it is impossible to determine at the present time the parties' respective financial condition at the time or times the aforesaid expenses are incurred or the ability of the Child to perform satisfactorily in said educational endeavors at that time, the effectuation of the parties' intent pertaining to the foregoing will be determined based on their then existing financial condition and the expenses of the education as such financial conditions and expenses may exist when the expenses are incurred and the Child's ability to perform satisfactorily in said educational endeavors is determined. The terms of this paragraph, therefore, are not intended to create a contractual obligation on the part of either party to contribute to said educational costs but rather arc to be interpreted to merely express their fut_ure intent, but: not obI igation, regarding such expeli"e:;. 31 . PERS.QNAl<~IGHTS.1 l' HUSBAND and \~IFE may and shall, at all times hereafter, 1 i ve separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all l'espects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for hi'3 Ol~ her separate use or benefit, conduct, carl-yon and C'l1'J:jg~: ) 11 any bu~:;j ne~3S, occupat ion I profession or Pd~V::: 2;~ II DIANE G, HADCLlF F 34481RINDlE ROAD CAMP HilL, PA 17011 PHONE: 17171737-0100 FAX: ;717)975-0697 i I employment: which \:0 him or her may seem advisable. HUSBAND . ",,',.,,:' .~ ~'h,~\-.:"""~-::~,,"""-;:-::1,-!),,,--~,: -0.......:. .":~-.-~ . .' '.' > . .' . . ' ' ,. " ~ , . . .' ' and ~1I FE shall not moles\:, hal'ass, disturb or mal ign each other or \:he 1'<o:spective tami '1 ies of each other nOl' compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 32 . MU'I!7AL-REr..EASES_t HUSBAND and ~nFE each do hereby mutually remise, release, quitclaim 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, title 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 he or she 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 curtsey, or claims in the nature of dower or curtsey or 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 life\:ime 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) the commonweal th of pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights \~hich ei ther party may have or at any time Page: 23 .~ ./-';- . i;;.'-"'~fo>'''' ."~-'" "' ,,~J' . ~-,- DIANE G_ HADClIfF 3448 TRINDLE F<OAD CAMP HILL. pA 17011 PHONE: (71717370100 FAX: an) 915-0697 hereafter have for past, present or future support or maintenance, al i many, al jmony pendente 1 i te, counsel fees, equitable distribution, 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 provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of thi s 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 obI igations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 34. I'lAIYER--"R...MOD.IF.J:,CA'I'IOlLT.OJlE IN WRITING.:. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 35 . M1ITIJAL_COOP.ERA'I'ION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require Page 2.1 ;..J- ',- - -. I - :. _ ' ~ .' ~J.. . ,-' ':. ' . . " . .', I for the purpose of giving full force and effect to the provisions of this Agreement. 36 . AGREEMENl'..JllND_ING-.ON_HEIRS_t This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 37. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 38 . Q'I1lER.JlOC1IMEN'l'ATION: WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute and all written instruments, any assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 39 . liO-WAIYl:R_OLD.Eli'AULT-; This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to DIANE G. RADCLiff 3448 TRINDlE ROAD CAMP HILL. PA 17011 PHONE: (717)737-0100 fAX' 17171970,0697 Page 2S f r.~ . ~ I; 1 ~ ~-; '\ ,. I j' i I I' ' . ' . ' , ' DIANE G, R,\DCl1FF 3448 mlNDLE ROAD CAMP Hll.I, PA 17011 PHONE: 17171737,0100 FAX: (7171975-0697 enforce t.he samc, nor shall t.he waiver of any subsequent default of the same 01' similar nature, nor shall it be construed as i1 walver of strict performance of any other obligations herein. 40 . BREACH:_ If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. a. the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. the right to damages arising out of breach of the terms of this Agreement, which damages shall include . ,w".' '-I-"-S~',;. :',~~-~"' ",,~ -," , 'f."....':'._,\~.:..-.:..-'~~, ""','" .' " '.\ reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. the right to all remedies set forth in Section 3502 (e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be Pdge 26 ;-'-'~...-ot:' .... enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Any other remedies provided for in law or in equity. 41. LMLOLEENNSYL'lANIA_AP.ELI5;ABLE,l, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 42 . SEY.ERA1ULITX: 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 remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or mor-e of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 43 . HEAD.INGS_llQ'LP.ART~~GREEMENT-L Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING ACKNOWLEDGES THE ENTIRE THIS AGREEMENT, EACH PARTY HAVING READ AND UNDERSTOOD AGREEMENT, AND EACH PARTY DIANE G. RACCllfF 3448 H~INDL;: ROAD CAMP HilL. FA non PHO"E: 17171737-0100 FAX: PH) ~7t..OG9] j"d,Gc- :-:7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the ~l? day of ,'j/JJ{J{-V , 19 ? ( , before me the undersigned officer, personally apbeared, KELLY L. BAKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that KELLY L. BAKER executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. [ MY~CQroWlSSlOJXPires: CnHI'J l.. 'l'Clln:.]'.NA".:.l.I~O!4'iIY Fut~c Ci'.rn;l Hill 00;""0, CUiT1Dr:nan:1 C~,unly My GUlnmis5:011 Expires Jun~ 22. 2002 r':lcIT:r'e~, ~\(':"ln~~I;v:',i1ia ^ss~'TiCr;cTNC!~II()S COMMONWEALTH OF PENNSYLVANIA 58. COUNTY OF CUMBERLAND On this the L~ay of ' 19~, before me the undersigned officer, perso lly appea d, JOHN J. BAKER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that JOHN J. BAKER executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. /"'i ~ vr~ My Commission Expires: DIANE G. RADClIFF 3448 TRINDLE HOAD CAMP HILL, PA 17011 PHONE: (717) 737-0100 FAX: (717) 97,,-0&97 """""""',1 C,ll1H 'Ir., j'",")t1r\ p~Jl1hc H,',. .,1,.., ~:ount\' rJI,.. ( 'I,,'.r ,1l;ly 2. 2001 IVll"mlJt:~- r"'I'Ii'II.VI~ill)la As:.r,CI<llton of Notaries P3ge 29 " " :' :i ;1 r . ' - '.".: ."' .'" ,'. . .':..' , ~.' " . . ,''''. .' .':"" ",', . ,'. . . " '), . EXHIBIT "A' MARITAL ESTATE ANALYSIS DIANE G, HADClIfr 34481 HiNDI r ROAD CAMP HILL. PA no" PHONE: 17171137,0100 fAX: OHI 97~-0697 1);.1(3(" 30 I . '.~ . .,.., . . I ... .' -: . : . -, :'. ::. " . :.' - . ~hrl;;;;o,"'.Lo-.;. ;~'7~ -- Item Desenption 01 Value Value to Value to Number Property or Liability Husband Wife -------------~-~.- --_._~_..-.._-_.-,-_._'---- -.-.-.-------. . 1. Real Estate: --.------........-. -----.- ..-.--- -_....~._.._------ --.-.-' ...,..__.__.____..__..___u -'- .gL?..!!~i;.!!_!~~~~~~~.I.!!~~I!'.~l~_!!.~_..___.__..__ .._._. __,$H?,!1(~~_()!), ------.--..-.----- __!92.,o0000 2. Motor Vehicles: -- -~-- Nissan Senti il ----.-----.---- _____~yJQQOc!!Q.. 10,111111,Ol1 VW Jella _,_~6,00Q.cOg_ 16,000.00 -.--------.----- International Packau.e V.m ..--- ___~10 00_ ___Q,OOO 00 --- 5. CheckinQ Accounts and Cash: PSECU Joint Checklno 54300 54300 0.00 PNC Joint CheckinL-, ,_, 23.00 23,00 0.00 -- 6. SavinQs, Mon!'J..I!larket, Certificates: --- PSECU Joint Savina. 16.00 16.00 0.00 PNC ,Ioint Savine.. 0,00 000 0.00 19. Retirement Plans and IRA Accounts: Husband's HR to' 40,00000 17 500 00 22.50000 Wife's 40tK Plan 790.00 0.00 790.00 27. Mortaaqes: PNC Mortaage -- _.176,000.00 0.00 176,000.00) 28. Vehicle Loans: -- VW Jella Loan (15,400.00 0.00 115400.001 Nissa" Loan ( 10,000001 11 0000.001 0.00 _~9. Credit Cards: -- - 1800,om -- Visa Cant (60000 0,00 -- 30. Miscellaneous Debt: Taxes on HRlO lWithdraw.iI.il32%) ( 10,000.00) 0.00 /10000.00 Refinancing Costs /4500.00\ 0.00 14,500.00 Total: $50674.00 $25284.00 $25390.00 Less: 50% of Tolal $25 337,00 $25337,00 $25337.00 Adjustment ($53.00\ ! $53.00 . Husband's Vnlu8 (If $17, 500 inG/lloM; $10,000 balancfl of Hor.band's HR 10 Rrtflr $30,000 dtslntwtlon to Wsfa and tho $7,500 payment to be mode by ~\'1fe to Husband within 48 hours of $30,000 distnbution to WIfe. ,i' . . . . ,..',', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 KELLY LYNN BAKER, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE OF 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 (clof the Divorce Code. 2. Date A. B. and manner of service of the complaint: Date: 1/6/99 Manner: Acceptance of Service 3. Date of execution of the affidavit of consent: required by Section 3301 (c) of the Divorce Code: a. Plaint:iff: 4/13/99 b. Defendant:: 4/14/99 QR Date of execution of the Plaintiff's 3301(d) of the Divorce Code and date of (d) affidavit upon t:he Defendant: a. Dat:e of execution: n/a b. Date of filing: n/a c. Date of service: n/a affidavit required by Section service of the Plaintiff's 3301 4. Related Claims pendi.ng: ~~c i~~sues are pending. All issues have been resolved pursuant to the Marriage Settlement: Agreement between the parties dated 1/6/99 ~lich Agreement is to be incorporated into but not merged with the Divorce Decree. 5. 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) II) (i) of the Divorce Code: a. Date of Service: n/a b. r'1anner of Servi ce: n/ a OR Date \<;aivcr of Prothonotary: a. Plainti:[f' S b. Deft.:'ndant';:; Notice in section 33011c) Divorce was filed with the 4/1:)/99 .;/J~-;;99' -- i" ~\\~ ' '- " ~ \~ L,. ''-- DIMJE G"- ;V\DCLI!:1;, ESQUIR (-'f -,4.jlJ'~ITilld1e Eoad C,mpHi1Y, PA 17011 SUpU'H~CoUlct ID ~ 32112 phone: (717) 737-0100 ]\ttornvy for Plaintiff \'Jaivel- : Waiver: . , . ',',,' "" _". _~ ~_, ,.,~ ,o,' .c"-".:~\-~-""'~-,~ '~_._'r;'~':'::;'-:;-.~,~_~,-"", ':"~~':--~,-~';~ .' ,--;; . ' . . ',_,., .: .:'" .':, - .~.~- l~l..:l<" ,,- \>J ,~; I I;' j . L'_ I '-- ", C:, ',' ,. .'~" ~~"''''''':'~''''~:~ ":~.~,.,".~,,~;:J',,,:lj:":~'i"''lI;v:~~r..t~;j}~;~~:>~I'~'~~~~I.....,.yj ....m~, .:-~nlf.; '~',-' , t ~:": ~, ..." ,~.., ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, plaintiff NO'1~ 7J- ({ C'L-~~,L CIVIL ACTION - LAW DIVORCE '. f f ! ~~ t , , i ", " " '," . ..' : . <\,. ,-<".'~J"^-~"~1\ ,,' '7.~~.;'.""'li't': :__~....;~.........""._~; -' ~'.")' . '," f -.... . . . . \ r.' "", '. . . . . . ,,' .' ',' ,', ,'." ',.. " ",.', v. KELLY LYNN BAKER, Defendant NQTI.CE 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 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, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEi"ORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GlVillTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAl1YER AT ONCE. IF YOU DO NOT HAVE A Ll\11YER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COu~TY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 ( 7] 7 ) ;,,1 9 - 3 1 6 G D!ASI'(j RAI)("1111 ~.J-1K 11\.1SIll !. l~( ).\1 \ CA!\11' Hill, .1'.\ I ~'(Ill (71'7) "iJ7-ulil(1 DIM...:l Ii I<.\IH'IIII .Q4X"il\l\l)ll'I{II,\I) ('i\MI' 1111 I .1'.\ I~(li 1 171')7:<7-(11(/(1 1 N Tl.lE COUPT OF COMMON PU~AS OF C\JMIJERLI\ND COUNTY, PENNSYLVANIA JOHN J. BAKEl<, Plaintiff (',', / ---c ,,- '7 J. '7.J /1 c('o ."'~~_.~..., .'_'_-- '. '. ...~":....". ,.....; ,.,-......~' "'J"'-'~" v. NO. KELLY LYNN BAKEl<, Defendant CIVIL ACTION - lJAW DIVORCE CQMELAIN'I' AND NOVi, this 1-3.0 day of~L..>-l. 1998, comes the plaint i ff, ,John J. Baker, by his attorney, DIA-T\fE G. RADCLIFF, ESQUIRE, and filec3 this Complaint in Divorce of which the following is a statement: COUNT_I:_DnLQRCE 1. The Plaintiff is John J. Baker, an adult individual residing at 1302 Selwick Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Kelly Lynn Baker, an adult individual residing at 437 7t11 Street I Cumberland County, New Cumberland, Pennsylvania. 3. Plaintiff and/or Defendant have been bona fide residents of the ConllnoJMcalth fOJ' at least six (6) months previous to the filillg of tllis Complairlt. .]. PL,intiff c:md D,-,fencLHlt vJel'e married on June 12, 1982 at l'/e]]sv,l]e, 1'01'1-; Cmlllty, Pennsylvania. 5. The 1-':_" have bvcn j)() 1";1")01_- action:.:; of divorce or annulment b(~.t\"l.'l,(..n thv p,d't J.<.:_~. c. r'Jd1n~.j!: ~~,1:~ 1,-,1':. .1d'.:i:'I:d of thc;- dVd'::]dbility of coun::Jeling , DL\!'\Fli RAJ){'JII] :q.:~. TI<l'1l1 F j{().\1l .;':\"-11' JIll I ,[':\ 171111 \717/7.,;.(11(111 .... .-......- and the right to request that the Court require the parties to participate in counseling. 7. Tlw Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, plainti ff will subrni t an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT,_II L_EQUITAELE_DISTRIB,QTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acqulred property and debts, both real and personal, dud 119 their marriage from June 12, 1982 until December ::'6, 1998, the, dale' of E;eparation, all of which , -.' - -~~'" ...J-l~......:z:~ .,~ , . , . ". ""..... ,',' .-....,. -... '.~~.,' -- ... -. -. -!!- - - ..-,} '. .,',~. -;'"'''~. " .' .~. - " , . .'. , 1,,'. I .' " , ' ',,' " . , ,', . . . .' '. .",:.. : - ", ':' . I)IA\:I (" IUd,l(-IIJ I .~~~l'I II{ I '\I)j I 1(\ l.-\ll ('.-\\11' Illl! , 1':\ I ~i)\ 1 l71"il"i.,7-(i!di) ,_.~ i!:, "marital propertyll. 11. Plaintiff and/01: Defendant have acquj,red, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. vIHEREFORE, Plaintiff requests this Honorable Court to '. _ : . . " '~ " 1" ", " " 4> ~ - ~ '." .: ..' .. ~ " "'~"", ',::.' ' , . . ~ >. . equitably divide all marital property and debts of the parties. Respectfully ~ubmltted ~ " ,ESQUIRE ( Ie Road Cam Hil PA 17011 Supreme Court rD #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff ...) - - "-'7~~~.'~ -,-'. ~~.. ~ ~"~-'~ '.,~ PIAS'-li R.\PCllJ I .i';~}i "1I\I;-':I)III,O"ll) U\\1I'IIlILI'/\nill iiI7,7.1,".(J)P') VERIFICATION J'ohn J. Baker veriti(~>:3 tJ1at the ~31.clLl:'llh.::nt::) made in this Complaint are true and COlTect. John J. Baker understands that . .,' ,", ," .' ,'" ", -(', . ' "',' '." :.-1. I.', "", '. " false statements heJ:ein are I1k1de subject to the penalties of 18 Pa.C.S. section -1904, relating to unsworn falsification to authorities. ;0..-----.. ,5, ~,," , . ";"'ll&1;- -. .~, \ ~.., .I l--." " , LAw.on:ICE . DIANE G.. RADcLIFF ATI'ORNEY AT LAw 5448 Trlndle Road Camp HiJI, PA 17011 .." ,','.' ',.' ~E.:JJ> HEREBV ';ER'I'II"YTH~TTHi..,,, til,-,\'TIlUE AND CO~~ECT COI"Y 0" " THE ORIGINAl. ~ILEDQP' R2COitD> I"~ DrANE a. RAOCLI~ BV '.., ".1, ,.,"',:'Uii' ..."-",;_,.";';i,\~,,-,,,,,.'",:,II\.,,%,;,.,.n~,.v.,''''''''''''',":~' ,".'H'._". -,- ," 'I' , , \ \ \ , I \ ( I "" . . , ' , " , , ' .' ',. " ",,' , "", '. '" ' ',"",,' ,', ,\'.' '" , . " "'.',: ,.. ' '. .:. ....~". '. .. " , '.: ." ': ' " ' . .-'.-=:;:,"'-.- ._'-!~ A IN THE COURT OF COMMON PLEAS OF CUMI3EI<LI\ND COUNTY, PENNSYLVANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 KELLY LYN BAKER, Defendant CIVIL ACTION - LAW DIVORCE ACCEETANCE_ QF__SERV.ICE I, KELLY LYN BAKER, the Defendant in t.he above captioned action, hereby accept service of the Complaint in Divorce filed in the above captioned matter on December 23, 1998. Date: _-.-Ii. ~,jJ!L,_______ ." K~~. ~'w1 6~~"7 KELLY LV,p ~E'R ~ .....r-; u v;;'~ .' ~ \ . ' .' . ", . ":' I . '. ,. , . " " , . . " . .' , ~ .' ~ . . " ~. ","; - ).- J'. '--""1'- ,~.- ,,',_ ','~". .t ..... :"'.'. -: ,e' I""~ '. ,,~ ~-,,_', ,'. ~_.., - . ~,' ''''-''- '''' ..:ii.:.:........:..*- . OJ '-'" \ ~~"" ,. .... .'" "',~\~l':\>;):::'~, ,.,j'::',.',: ..1., ;. '.,:':;j\!\~" ."....". ,'!; ~ : "!' : :;.,~.;; ,:~ LAW OFFICE DIANE G. RADCLIFF ATroRNEY' AT LAw ' 8<<8 Trindle Ro.d ' Camp Hill. PA 17011 "'-, ~'-I .' ~'.., :.,;::!:'2~~j..: , , ' "i>~'~:;":r::r:-~~~ WE: DO ,HIREBY C:I!RTI~y,:"TIi~T:',.,.,.I.)~,:;:'~.>7i!\t I.' A TRUE: ANn'.' CORRECT:'COPY,.i'Ofr ~~7(j'!f;~~; THII: ORIGINAL ,FILlED' OP"ItECORD':,il,,~:\,qi::~~~(:lk : blANK, G."MDCI:,">.::.,,'>:';){;i::;;,rt;,\~\ ..'r'::' \":'-' '; , :,':;',";"~"i~~4rJ : .I,:(~;t~g~ BV -.... - .......-..".~.,r~.'. '~"_"""',."",," ',""",:',""-"." .'t, " ,..,'" " ~ ')~ ":':-,.',,,'.- i:'/ ~j ~ ~~;'\"",f.~~:i;;\;;.c..ik~5;\,~U;":':t~~!i.'~":1~U'::'~_ "/' '. ", ~" '" L~, .;, , " . \ \ ., ;' I' ( " , ......; .' -. .."r , , I":,, ". .. . '. ,. ... ..- '.-.. ,. - '. ','. - ,'c ,+- , '--:: .."" \, " " " , " ,;;,; ,:.:' ': . - '....'. ". .' " "...'. ,r' ;..,-~~ c> LC (',J -, ,. '. ""', ..: "~'<' ','< ',.' - "~,' ~;;:'~ ~ ,..:."~.,~.~,,, ,',' ~", .,,~, ,-~-~'~"~: -. , - ~-'~!~;.;r;~, ...:.. '-.. .~.. a . .,..:';;~J; . . ~'.',', .'~'j:'::i~t~).!~' ,', 'J\ e': .d,',I' . ':;;G~ii WEj. DO' HItRe:IIY: CItRT1ri:)'HAT,~i.l:t;J'~'r.~' ..8, A,TR\J.!:,AHD_cOt'f(ltC:ri,~~'- ,t, ,THE OR.aIN~~Fls..I:DOP:)t~RD; DIANE:, Q.' ltADCLI",;",,:"..;t., ,',',', ;.....,.....,,_.'..h.'.' '. LAW OFFICE DIANE G. RADcLIFF ATtORNEY AT LAw !44B Triodle Road Camp Hill, P.\.17011 , . .~. ",....,...,..........1".; "."-,; L:..._'....y'(<.,-....,' '"''.'.'l''~''' ',_' .. '. .;w .. ,'-:" .,',':', -".:'.-, :(":"',':,/. ""y:".,.,.t,~",~"I,,,,,,,!.i;,~&'~".vx..1til:t~'tifltwa:~ ~ ,.. . '~" ..' BY ":','.,1 ;':'f \';( '. ~ ;;;) \ \ " .' , " I,~ . . I . \ ! I 'I'Co' .~ 1 L , I ... '1; '." ( " " , ~, . '~/ 1.' '. .' ~~ ~, :N'. , " 't . r , , t',. .,. " . . ". '.. . . . ,~.' ,'."." :/:, '~."':}>'\1II\~>~~":rr;:ttPh""'J,..~"":"~:'"~"::' ~ ,,~:,'t';.-::',H. . ~1 .:. !' ~.;",... '", . " . :,~t , .. ~ 't I,,' Pl."""\ Ii !{\I)( II11 <.j.;, llU\!111 I{q\ji ( \\11' HIll, j',\ l' "i 1 I: I . 1.,'11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 " ,:"?~,),....,t{i",,''.',.jl::''.~.:.~;'.!'~'~:'Jn';,"",",::,,,":.,'~h,,~...,.t::---lt''''' )' .....,~~~ ~"."''',~:, ,.1,:-'." .~~~~.," ." -~. KELLY LYN BAKER, Defendant CIVIL ACTION - LAW DIVORCE l'IAL\,'ER,_OLNOTLClLD-F_Jl1TENli0N_.T.0_..REQUES.T ENTRL.D FAD I VORCE..JJECREE..JJN.I2EB. SE,CnillLJ.3,Q,LCc,LO.LTHE..JJIVQRCE_i:ODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose right s concerning al imony, division of property, lawyer's fees or expenses if I do not claim them before <l divorce is granted. 3. I understand that 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be t'ent to "",' ill:IlH.'diately afteL' it is filed with the Pl-otliOl1otary. J vel:ify th:,t the. "tdt"I1K'nt,.; m:1de in this Affidavit are true Lll1d COITect. 1 unch~~r:';tdnd that fd1~:;l.' :.;.-:;tatements herein are made twb:jvct to th.' P"ll,.lltl'" (',j IE ;';;.C.S. Section 4904 relating to 1~n:~~"':Ol:1 1:i.J~~jijc:11:}("L c, .il,;t},t.\Jiti\-::3. l\.t I'll: //./.1) (..i. /' ,-! /) . / / I ",; C / i//_ :!l ',r;-li51:er 7~----- . u., , , ''-. " ( " "; '( ~ 0\ c:: ('-' ., ." 'I .~'l.\\,~(:~"~' ,~~_1~:'; ,~C"'"f"'i-"''''f-:O:f~P+:~.''.'?'1-,~.~.~~-''t_..M~o:o_t:,'r~''~, . . J.._~..~" :-::,.~ ... " ... .~, '.' . '-~-/~..... - .-...... --~ , ,. '~', ..,.,." " J~A W ot;FICE DIANE G. RAncUFF AnORNEy'AT LAw S~8 Trindle Road Camp Hill, PA 17011 ';.:(": '.. ,:.il '1':)", ) 1 , , ::-. ,~-:,~};:::;;:~ ":. .., ,'d:~&h::j,~,~~J\ "".' .' -....:..::::,'..;,'.:-~,,','s.:.,;,~::??;i)t;;~';y~}:fi?}~,j;b(~" '(iE~._DO" j:lEREfIIY,_: c:"~lfY:';T.i~T~:,iH~It',f': .1: A. TRU,E , AND:,~~~EcT:l~;~,~o,.;'t~.;,t; ,Tint ORIGINAL _P:lL1ED,:OP!'.,~,ECC)'ItD:,'M~\~~Y BY . DIANK ~ '~ccLt,~;~,::;JK:,' ,. .', ;';';"";;:';":,';;e""';""";'"'~"'''~'"~':': ';;,: 1'{; <' ": ,::;,i~~~l~ " l'~' i ~"'-' . ., '4......: ....." \ \ 11' " \~ 1 . (. .~ .' , , , i . \ I , I ~ ,. r , . . ~ ':..i '. '!' . ...., " , ."" '"j I,' .tv. '~'.I""(._'I."''''' r~...,~,..p..i~~'~;,;t.. i - 'i:,'- . , . , . ,'. '~~' ,j", -!'l''';~T",''''_'1 ',.."C'......' " """., ,...,~ " _ - '-r'--1~ . , . - ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 KELLY LYN BAKER, Defendant CIVIL ACTION - LAW DIVORCE AF.F.IDAV:IT~OE_C.Ql'lSENT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on December 23, 1998. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 stat,ements herein are made subject to the penalties of 18 Pa. e.s. Section -190-1 relating \:0 unsworn falsitlcation to autllorjtie~:;. Da t ed : -.JJDJ!i5----' l~J[~Dky~" /Sc lJ')" 'I EC'll Y ;',:jyn B~y.e1.- IlL\'\1 ,; le'[)' I III \ ~';~~', IIU:-.lli 11~\l^,1) I (',\\11' Illll ,1'\ \-'111 (~] ~ ) "7., i .lll'''' \ I ~ ,-,_...---- '"' ~".,- .~. " . - - ,;-,-/~ .. , . ,..' . f --) ~. . ,- ., ~: '-. . . - , . - .1 . .. , ' ..... -~. ~ c:) ~. ) , ' " ' '. - , . , , - . - ~ ., ." , - , ,. . .. , or-< '--,. \, . ., f-.. ." r. . ..'~' lAW IWYler. DIANR G. RAI>CI.IFF ATlX,RNItV'AT LAw SUR Trlndle Rnad CnOll' Hill. Ph 17011 . .. ':J/:':::Jf.~:f; :w~ Do, HEREBY 'CERrI~;';~AT"T~I~',<;;!;<iii~t "Ii, ,A TRUE' _AIIID::':C-OfU~F.CT':'~pj;{o",~t~:~i,:;:WE: THEORIQINAL FlLltD, OF'REc:oRD;':,,;).,:~,:<t,~;'t:~ DIANEO.:"RAtU:t.i"p: ,. ,''',~'''',:.~~.-"','.~ BV ; '.:i i', -,Ji:.,',"',;,.",,' , ,'<""'--.' .'" " ,.......'.-. <. .;I.l.,t:m;'\';'_~(.>~f~\\~:~fit.%t.~'\ia;1~~,7r,''IJ~~-~ . , '," ~\ \H '. . .' '. , ( ~." .. ;' ~ I I -' , . ::- , " \-~:, \ \ , :{ " " ( ',.-' .'. . :, v' ,. "~t. , i .' -!-, '~ " '[ ~ .~~. . , r, .. \0.", " ~' i _~, " . ',' ,";,': ~ .': . t ~. , .:.: ',:',"," '_~~:" :',''<',r." '. ,'" '..:, ..' . "~"".'~.' '::,'" ---_..~....,. ,. ;...r-4'~..~~ ;. . ..,... ~. I)IA\j. II R.\])( I H] :,4.Hi T]U\Dll ]\ll.\1l ('..\\11' IIII! ,P,\ I-:'{Jll (7]71 :37.ljl(lil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 I . .." w, . 1. ,. ".' , '. - . .' I. . < _ ' .. .. - . :~+ I ~.:. " .- . ..l. '. > ,",' . :. ! !. KELLY LYN BAKER, Defendant CIVIL ACTION - LAW DIVORCE l'wl~/ER ()F l\J(~.l..C~~--INTFN.TJ.DN., T(..LllliQUES.T ENIRY._Qf---A_DI'LORCE~E(,R p,p, lJNDF:R SECTION :0 'l 0] .icJ_DE-THlLI!L\iOR(,F, ('000 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concen1ing alimony, divislon 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. ! tlndcrst~nd t~~3~ false statements herein are made subject to the penaltie~" of 18 Pu.C.S. Section 4904 relating to unsworn falsification to ~ut]lorities. Dated:_Y:/LiLi~L bEfQ~~~Jii, ,t. :Vj-<'/j KeT1y'n B Fer , \, "_."~.- '_f'"1~~_, " . , . . . " ' . '. '. ,; . ':' . I." ' . '.- ~" ,.. . ~ _l' \ ' " ^ . , 3. Name of plan/Retirement Account to which this Ordel' Appl ies: 4. Name and Address of Plan Administrator or Trustee Caliber Systems, Inc. HR10 Plan Administration, Dept. A74 P.O. Box 5459 Akron, Ohio 44334-0459 ,"" ... " . I ". ". .., .' : ".',',.', ,- ~" ' . , . " . ' . . 1 .: " ,. . .. " ", B. OPERATIVE PROVISIONS 1. The Alternate Payee is a~larded a fixed dollar amount of $30,000.00 from the Plan Participant's HR-10 Retirement Plan account, as her equitable distribut.ion share of the said account. 2. Earnings, if any, will be paid on the amount of the Alternate Payee's entitlement. undel- this Order until payment thereof is made. 3. The fixed dollar payment and earnings shall be paid directly to the Alternate Payee and not by ~Iay of transfer into a qualified IRA or otlle]: nc'tilcmt:nt account, and it is further directed that till: p,"Yl1lC,nt to the Alternate Payee of the $30,000. 00 ~Iith intvre:3t clforcf'"id :,hall be taxable to the fd ternJ.le P~1YCL' ~:.:;d :~L,:1 J ):C~. vf !-l.o,~tl1:lt:~~. ~j tdX free rollover P;!~l' :!. ..~ of retirement benefits between spouses or former spouses pursuant to an order for equitable distribution of marital property as permitted by the rules and regulations of the Internal Revenue Code. In the event the payment to the Al ternate Payee aforesaid would resul t in the transfer of funds from the plan Participant's HR-IO Retirement Plan account being taxable to the Plan Participant instead of the Alternate Payee then the Plan Administrator shall not make said direct payment to the Alternate Payee but rather shall transfer the funds into an IRA account to be established by the Alternate Payee so as to effectuate a tax free rollover of retirement benefits between spouses or former spouses pursuant to an order for equitable distribution of marital property as pel'Olitted by the rules and regulations of the Internal Revenue Code. Thereupon the Alternate Payee shall immediately withdraw so much of the said funds as are necessary for her to comply with her obligations under and as requl1'ed by the terms of the pal.-ties' Marriage Settlement Agn:(;ment, fil<2d of record in this ca,Je and incorporated by n~~fer(~ncc herein. Pagl.: :. 4. The plan Participant shall be entitled to all value remaining in the Plan Participant's HR-10 Retirement plan account after payment of the distributed share to the Alternate Payee pursuant to Paragraph B-1 above. 5. Except as heretofore provided, the Plan Participant and the Alternate Payee shall each be required to pay any and all taxes associated with the payment, receipt and withdrawal of his or her portion of the TSP retirement benefits and shall be subject to all applicable withholding taxes. 6. If the Alternate Payee dies after the issuance of this Order, but before the distribution herein provided occurs, any sums due the Alternate Payee hereunder shall be paid instead to her personal representative or heirs. 7. This is a property distribution order made in and under the Divorce and Equitable Distribution statutes of the Commonweal th of Pennsylvania, and in accordance with the provisions of such statute, the portion being distributed to the Alternate Payee has been determined to be her property. 8. Nothing herein contained shall in any way require the Plan to provide any form, tY!k or amount of benefits not otherwise Page -l . ~ ,J:'.,.....~ ; ~ .': ' I, '.' '.,:, " ",' 1'. _ ". . ,'. " 1. . " ~ - , I.~,~ ';' " . ' , .' , J , , , ' available by law. 9. A certified copy of this Order shall be served upon the Plan Administrator/Trustee and shall take effect immediately and shall remain in effect until further Order of Court. 10. This Court shall retain jurisdiction over the issues so as to carry forth the intent of this Order by the Court. P~lgi.: S " '..r-~. '. ~ ,~'.'-~ . ',"-.; .," ", ,,_ I . ".- ',~~' ,. j'.. " ,_ , . '~-, . _ ' , " . . . ',' .... " . ',. " h. " ;. . ,,"', ' .... . " J. ,. .... "_T' .. '::.'r' r "'" ,', ,.>,,;.~~,~"i-.:$',~,~~"'r ,"",:,- ""~''':I:t-~-''~,"",)':~~''1'~~A.'''t'1./r.1~'''".~r>~:I~4.''~~:,:'~~\~r\~:.' . "".- ~~r n::,': ~'. ....'.'r~,. ~~.""",-..", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, plaintiff v. NO. 98-7211 KELLY LYN BAKER, Defendant CIVIL ACTION - LAW DIVORCE AND NOW, STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER this ~ day of -1'1........, '~/\~ ,1999, come the J. BAKER, plaintiff and KELLY~YN BAKER, Defendant, parties, JOHN who stipulate and agree that the foregoing Qualified Domestic Relations Order shall be entered by the Court. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year below written. G: If 0r~JOffN J (SEAL) DArE: , l' . . I . .JIAiJL: liJl'111 ....' " ~ lC "{?_C!.D~~ AC1J~ KEti,y LY BA r.,R I/~j(-fct . (SEAL) DATE: Page () .'.--:~-'~~.It..IlI- ....'.. .','."'_-',~M'''.'''''':'''~''~''':;';-.=:~~"\i'~~~:"7;;:4~,,:.:.,~:~~,'<'"'"""~.~~~""""'7'~.,~,:.'~'..' " ,.~:-,..'..",~~~ """ v' .. .'. -~. .. .... ~." , '. ' " " . . ~ k ..,.. ., . .' I . .. I .. , , . ". , .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, plaintiff v. NO. 98-7211 CIVIL ACTION - LAW DIVORCE '. ',,:.': '." .'.': <...:'.....::. -'. ."::,'>, ',:.',:",': ,", '.,': ,.--" '::." .: "'" ' KELLY LYNN BAKER, Defendant CERTll..ICAT~OlLQFJ_O.c.IAL-S.EGIRI'l':LNllMEERS. In accordance with the Rules of Civil procedure, I, Diane G. Radcliff, Esquire, Attorney for the plaintiff, hereby certify that the social security numbers of the parties are as follows: 1. plaintiff: 162-54-8386 2. Defendant: 162-60-4483 DI:\!'Hi, RADClll'j.' ~~-l~ lIW,IlII" IH lAI) ('A!\lI'lll! 1,1'/\ leull (7171i.'7.\\!UlI ('J , '. ,." . , . . '. ' .: ~ ' " ~"',", ;, ~, " -' , . .'. .. . \., . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, plaintiff v. NO. 98-7211 KELLY LYN BAKER, Defendant CIVIL ACTION - LAW DIVORCE AMENDED OUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, John ,T. Baker ("Husband") and Kelly Lyn Baker ("Wife") were married at Wellsville, York County, Pennsylvania on June 12, 1982, and one children, Lindsey E. Baker born September 5, 1985 remains unemancipated from the marriage; and WHEREAS, the parties have separated and a decree in divorce was entered in this case on April 20, 1999, incorporating the terms of the parties' ,January 6, 1999 Marriage Settlement Agreement (hereinafter referred to as "the Agreement"), which provides for a division of their marital estate and all other property, real and personal, tangible and intangible, including their respective rights and intel'ests in the employee benefit plans of Husband. specif ically the Merri II Lynch, Pierce, Fenner and Smith Incorporated Special Prototype Profit Sharing Plan and Trust for Independent Contractors (the HR-10 Pl,~n) (hereinafter referred to as "tIle Plan") as provided for 11e]~ei11; 311d, WHEREAS pursuant to the terms of. the Agreement, a Qualified Domestic Relations Orde)' 'da~3 entered on ,J;ll1uary 22, 1999 pertaining to the Plan (hereinaftel- ;1S "the ()j)EO"); and, WHEREAS, t}K" plal1 !'\dn,jnj ~~t rdt"C)]: na~, dc.tf."nllined tbat the QDRO ;....J .~~. . " .' -:, ,..... . " . . - ..',' ,:" .~.," " .' , . ' . ,,'. ,.... . , ' '. . ,,' .~ . . "",,~ . does not qualify as a qualified domestic relations order; and loffiEREAS, Husband and Wife wish to amend the QDRO to settle all issues relating to their interest in the plan. NOW THEREFORE, in consideration of the foregoing premises and upon the agreement of the parties as evidenced in the within Stipulation of the parties, the QDRO is hereby to be amended by the following Order: SEC'l'ION ~: The parties and this Court intend this order to constitute a "qualified domestic relations order" as defined in Section 414(p) (1) of the Internal Revenue Service code of 1986, as amended ("the code"), and Section 206 (d) (3) (E) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). SECTION_~: This Order applies to the following qualified retirement plans: The t~errill Lynch, pierce, Fenner and smith Incorporated Special prototype profit Sharing plan and Trust for Independent contractors (HR-I0 Plan) (hereinafter referred to as "the Plan"). This order shall continue to be effective with respect to any successor or transferee plan of the HR-IO plan. SECTION 3: loJife is hereby deemed an "alternate payee" within the meaning of Section 414 (p) (8) of the code and Section 206 (d) (3) (K) of ERISA and Husband is a participant in the plan i'ECTI9N 4: The n;111IC" mailing ,'lcldn,~,s, c;Ocial c;C'curity number and date, of birth of Hu:;band. j)c:n,j lhlitcT rcfen'cd to as the "Plan 1 . ' .' "" . . ' .' " ',. ,.'..'. . :.'. ..' ',',',' ,'.,' "-:'-' ,'. - .!!!'1ttildl.M~l!M ' N'.(-.:....~\."1l'::"~.;~,;;;.~~""~ , . . Participant", are as follows: Name: John J. Baker Address: 1302 Selwick Drive, Camp Hill, PA 17011 Date of Birth: 11/29/61 SSN: 162-54-8386 The name, mailing address, social security number and date of birth of Wife, hereinafter referred to as the "Alternate Payee", are as follows: Name: Kelly Lyn Baker Address: 437 7~ Street, New Cumberland, PA 17070 Date of Birth: 2/18/63 SSN: 162-60-4483 These names and/or addresses may be changed, from time to tino,c, by written not i ~e to the Plan Administrator and to the other party. SECTJ_Q!.L~.: Notwi th~,tanding anything to the contrary that may be contained in any judgment of dissolution of marriage, stipulated or otherwise, or separation agreement, effective as of November 15, 1999 the 1\1 ternate Payee's interest in the Plan shall be computed af3 fol1cws: d. Effc-ctive ,!Dei ,l:' 01 December 31, 1998 Alten,ate Payees i ntel'c-c,t ) l: 1. b' 1"1 "'ll "hd]] be the number of the following .' " . :"'" .. . ,'. ': '-'. _ " '. " ',' " ". ' . . I ' \ f -''9''1' .,..,.," ...'WiIIt~lIIii"" administratively practical after this Order is signed by the judge, entered into the court records and notice delivered to the Plan Administrator. The Plan Administrator will make available to the Alternate Payee the same tax withholding procedures that it otherwise provides a plan participant receiving a distribution from the Plan. SECTION 7: This order does not require: (1) the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, except as permitted by Section 414(p) of the Code; (ii) the Plan to provided increased benefits; or (iii) the payment of any benefits to the Alternate Payee which are required to be paid to another Al ternate Payee under another Order previously determined to be a qualified domestic relations order. SECTION B: This order related to the period which starts with the execution hereof by the Court, and ends when all benefits assigned to the Alternate Payee have been distributed in full from the trust or other funding vehicle of the Plan, in accordance ,..'ith the provisions hereof. SECTION 9: Since it is intended that this Order will qualify as a qualified domestic relatiol:s order, the provisions hereof shall be administered and interpreted in conformity with ERISA and the Code. The Court shall retain jurisdiction to amend this Order only for purposes of clOtabl i ,;hing or :nai ntai ning its qua] if icat ion as a qualified don~stic relations ardor under ERISA and the Code, and either party may ,3.PP])' to the Court fOl~ such an d\l:endment. ~ . " ,:, , ,,' '. .' :': " , ,".' '. . , :' , ;, \ ~" '. - , ..' ,.' . SECTION 10: The plan participant shall be obligated to furnish a J. . 'I J . . \. ; :" ' ....: ) .: ' '. f '.'" '., ~ . ~ . copy of this Order to the Plan Administrator. The Plan Participant shall inform the plan Admi.l1istrator uf the parties' intention that this Order constitutes a "qualified domestic relations order". If the alternate payee, within thirty days of the entry of judgment by the Court of Common Pleas affirming this order, does not receive that notice (at the address specified in Section 4) from the Plan Administrator that the plan Administrator has received a copy of this Order, the Alternate Payee, at her discretion, may fulfill the plan Participant's notification obligation, as set forth in Section 10. SECTION 11: 7he plan Participant and the Alternate Payee shall take such further action as may be necessary to ensure that a prompt determination is made by the plan Administrator or a court of competent jll1:isdiction, that this Order constitutes a "qualified domestic relations order" and that the plan distributes the Alternate payee's assigned benefits in accordance with the terms of this Order. BY THE Jj rlE. .f'= f~~dOa &)L<-U) 1)~(ljJ !)'5 {1c; gkJ (, "'"i: '~". :If" -.) ," ,J'" ':~"'\~0' r \0. ~., I -' ", ,. ',' .. \ J- ." \' , '" ,,, ,t'. \.~, ~ \1,)' .~~." "''':''C'..M r .. , '. , . . .' IN THE COURT OF COMI~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN J. BAKER, Plaintiff v. NO. 98-7211 KELLY LYN BAKER, De f endan ~~, CIVIL ACTION - LAW DIVORCE STIPULATION FOR ENTRY O~ OUALIFIED DOMESTIC RELATIONS ORDER JOHN J. BAKER, plaintiff and KELLY LYN BAKER, Defendant, stipulate and agree that the foregoing Qualified Domestic Relations Order shall be entered by the Court. WITNESS: (SEAL) JOHN DATE: ~,/7-&-Y) / (SEAl,) DATE: 7 . . . .:'~: .."'I:"'\'-~",,~":~""" ~'$:"-, ....~-... lit,'.,",. ',' ,"'"WI,' IN TilE COUI(T OF COf\lMON PLEAS OF ('1 IMIll':RLANIl COl INTY. PENNSYLV ANIA CIVIL ACTION LA \V ..:, \ I" k:\ ,). e):.ili.LI.~______,__, Plainliff FILE NO, _j~ --.110.1_. __ 20_ VS. IN DIVORCE K~i1y Lyrl hq \<-c(- Defendant I\OTICE TO RESIIl\IE PRIOR SlIl{NAME Notice is hcrchy given that thc Plaintiff/Ddcndant in thc abovc mattcr, having -It, r'lM,' I been granted a Final Decree in Divorec on the dO day of _~, hereby elects (0 Fesumc the prior SUJl1ame of Kc lIy J.::j '" W,'l-e Y' and gives this writtennolice pursuant (0 (he provisions of 54 P.S. 704. DATE: ~c'L,6.,{ ..Jl1\,9nC' '>_ _j(-<,(~~t'()~ f>(t..h~-, G SIgnature COMMONWEALTll OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the Ie]'" day of ('ct(bL~___. 20 c:~. bdore mc, a Notary Public. pcrsonally appearcd the abOl'c af1ianl known to mc to be the pcrson whose name is subseribcd 10 the \\!thin document and acknowledged that helshe executcd the foregoing for the purpose thcrein eoman",d. In Witness Whercof. I have hcreunto set my hand "nd omc,,,j seal. NOTARIAL SEAL JODY S SMt1 H, NOT AI,Y PUBliC Calhsle Boro. Cumberland County My Commlss1of'< E)';::wf.'$ .Ar1r:14. 2005. ."J. d.~~S.>S1Ji1ii-~____,__, U NOlary Public . '",". ~~..~ ~ '~",i"~~,.>"'N ~~c<:;""~,;-_,~~'::"~':~-n...,,,.,.-~.:.,..:,. .';-t"-;l~o';!l;:,'~.r""""~.''''~,n:-'V:~~:'(''\;::l''',.:,_._:;" 't~'" '"'," 1-:,,~"'JjJII I , '" .-'~'to'....~o!'"