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HomeMy WebLinkAbout00-07365 . . . , "l' -,' . ^ :Ii ;Ii"; :f.:Ii '" :f.;ti "'Of. "''''''' '" .. . . .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. . . . . STATE OF . . . . . . . J2l.M"RC 'D'tll'7. NO. 2000 - 07365 . . . VERSUS DECREE IN DIVORCE 3 ,200 I , IT IS ORDERED AND . MEL!NDA H. RtTZ , . . . . . . AND NOW, ~ f-~-J , PLAINTIFF, , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . DECREEO THAT JAMES R!TZ AND MF.t.iNna H R'tq'l7. 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; . . . . . . . . . . . . . . . . PROTHONOTARY :F.'" ;f. "'f€'" '" '" '" '" . .. . . ,~, .;;:~ J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . ., ',.h ~. ,. ",.'.<' . "n, ," ~~ ,,, ,-~, . ."":'iii8.lrMrW.-"" . , .~ :7 ~ ~//, ~$p'2:~'~n .r{,.~', ' , " . L ., ,_. ."' ""'V'.^ .~".-," , __~!11 )'l! .<,_",,,~,,,_, -."<"( "o,'.'C"_ ,',.J___';'r_/,.1,~~,,_,_.., _o,_'"~t -,,-,_ " " '"'^ e , ""..,,"" Io-/l-I; /0;/7 11 '.-c.'1I". _"~ '^,_ .>I'~.'_"'~ ~ '" '., v_ ,.J,,; "'. . -'1 , ' MARITAL SETTLEMENT AGREEMENT B E T W E E N JAMES RITZ 1Il n d MELINDA RITZ ;.1te./ , I, - ,.,:..." '-' ~ "'1 I __ I .,....... 1::.',1;;:,' , MARITAL SETTLEMENT AGREEMENT' THIS AGREEMENT made and concluded this t,<1+nay of January, 2001, by and between James Ritz (hereinafter referred to as "Husband") and Melinda H. Ritz (hereinafter referred to as "Wife") both of or recently of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife having been lawfully joined in marriage on August 4'\ 1973 in Tippecanoe County, Indiana, and differences, disputes, misunderstandings and difficulties having arisen between the parties, as a result of which they are living or wish to live separately and apart; and WHEREAS, Husband has instituted a no-fault divorce action against Wife in the Court of Common Pleas of Cumberland County, Number 00-7365 Civil Term; and . WHEREAS,\either party may become entitled to payment for support and maintenance and/or for alimony, counsel fees, legal costs and expenses, pertaining to any such divorce proceedings; and WllEREAS; certain differences and disputes have arisen between the parties respecting their interests, rights and title in and to certain real property arid personal property owned by or in possession of said parties or either of them; and WHEREAS, the parties hereto are or may be or claim to be owners, as t~nants by the entireties of certain real and personal property; and WHEREAS, the parties agree that they own certain property which qualifies as marital property under the Divorce Code of 1990; and any subsequent amendments thereto; and WHEREAS, certain differences and disputes have arisen or may arise between the parties with regard to the respective or mutual obligations with regard to various claims by third parties; and WHEREAS, it is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including without limitation by specification, any and all claims for Wife's maintenance and support and/or for alimony, counsel fees and costs. -~- - .......- I _I '--, " . "" NOW, THEREFORE, in consideration ofthe premises and of the rimtUal cov'enants and/or pro~ises ~d/or agreements hereinafter contained, each of the parties hereto, intending to be legally bound, promises, covenants and agrees as follows: 1. Divorce. The parties agree to consent to a divorce under the provisions of Section 3301(c)or (d) of the Divorce Code of Pennsylvania as amended. Each party agrees that at the appropriate time, he or she will execute an Affidavit of Consent. The parties further agree that they will cooperate with the other in all respects in obtaining and consenting to a no fault divorce. Husband agrees to pay the attorneys' fees, for preparation of this Agreement and all cost associated with obtaining a Decree in divorce. 2. Effect of Divorce Decree. The parties intend and agree that 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. 3. Joint Responsibility For Drafting: Husband and Wife, individually or through counselor, both, have fully participated in and take full responsibility for the draftsmanship of the language of this Agreement. In the event any matters contained herein are determined to be unclear or in need of parole evidence for the purpose of resolving or determining the meaning of the words or the intent of the Parties, this Agreement shall be treated as having been drafted equally by both Parties, and any rule or practice of interpreting a document against the drafter and . in favor of the other Party, shall not apply. 4. Tax Consequences. The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice witlirespect to this Agreement, that each party has been directed and advisedto obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 5. DATE of EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defmed as the date upon which it is executed by the parties ifthey have each executed the Agreement on the same date. Otherwise, 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. 6. DISTRIBUTION CLAUSE. The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement unless otherwise specifically set forth in this Agreement. 7. PERSONAL RIGHTS. Wife and Husband may and shall, at all times hereafter, live separate and ~." -," ~. "~~ -~ I .1. "~"~ I Ojj' ~'''''''''fl1'f'\ . apart. They shall be'free from any control, restraint, interference Dr authority, direct or indirect, by the other in ali respects as fully as if they were unmarried. Each may, for his Dr her separate use or benefit, conduct, carryon and engage in any business, DccupatiDn, professiDn or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb Dr malign each other or the respective families of each other nDr compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 8. MUTUAL RELEASES. Husband and Wife 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 interest, 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 situated, which he or she now has or at any time hereafter may have against such other, the estate .of such .other Dr any part thereof, whether arising out of any fDrmer acts, contracts, engagements Dr liabilities of such other Dr by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allDwance, or under the intestate laws, or the right to take against the spDuse' s will; or the right to treat a lifetime conveyance by the other as testamentary, Dr all .other rights of a surviving spDuse to participate in a deceased. spouse's estate, whether arising under the laws .of (a) Pennsylvania, (b) any state, cDmmonwealth or territory of the United States, or (c) any.other country, or any rights which either party may have or at any time hereafter have for past, present or future support.or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses and any and all rights to equitable distributiDn of property pursuant to the Pennsylvania Divorce Code .of1990, 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 provisiDn thereof. Each party releases all rights he Dr she may have under the terms of the Divorce Code of 1990 Dr any amendment thereto with regard to equitable distribution .of property .other than as set forth in this Agreement. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, cDmplete and general release with respect to any and all property .of any kind Dr nature, real, persDnal or mixed, which the other now owns or may hereafter acquire, except and .only except all rights and agreements and obligatiDns of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 9. WARRANTY OF DISCLOSURE: Each .of Husband and Wife represents that he or she has full knowledge of the nature and value of the assets, liabilities, income and .other resources of the other and I I , f- .~ ' _ ~"~ "~ . has been given ampfe oppdrtunity to update, expand and verify that kllowledge. 'Each represents that he or she "has entered into this agreement on the basis of that knowledge and wants no further information, disclosure or warranty from the other. 10. TAX CONSEOUENCES. The parties acknowledge that they have been advised that there may be certain tax consequences pertaining to this Agreement, and that neither Mary A. Jones, Esquire or William D. Kraut have furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. II. DEBTS. The parties agree that they have no joint marital debts. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other free from all debts or liabilities incurred by him or her as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contractor incur any debt or liability for which the'other or his or her property might be responsible, and shalhndemnify'and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal. costs, and counsel fees unless provided to the contrary herein. 12. LEGALACnONS. Husband and Wife hereby waive any rights that either may have in any legal action or actions which Husband or Wife has instituted against the other prior to this Agreement, or may institute against the other in the future,. on.any cause of action which may have arisen prior to the date of this Agreement. 13. EQUITABLE DISTRIBUTION. 13.1. Division of Real Property: It is understood and agreed that Husband and Wife are the owners of certain real estate located at 5527 General Couch Circle, Mechanicsburg, P A 17050. 13.l.A. Sale of Mechanicsburg Property. The parties agree that the Mechanicsburg Property shall be sold and the net proceeds from the sale of the property shall be split 50/50 between the parties. 13.4. Responsibility. Joint Expenses -- Generally. The parties have been and shall continue to be , : t ~'jZ responsible for all liabilities and/or expenses associated with or attributable fo niaintairting the Mechanicsburg Property pending its sale, including, but not limited to, all real estate taxes, water and sewer rents, gas, electric, oil and telephone service, homeowner's insurance, and maintenance, repairs and improvements. 13.5. Responsibility for Mortgage There presently is outstanding against the Mechanicsburg Property a I st mortgage in favor of Alliance Mortgage Co.. Both parties in the past have been solely responsible for the timely payments of all principal, interest and other amounts due under the mortgage. Any remaining Principal, interest and other amounts due under the Mortgage shall be the joint responsibility of the parties. 13.6 Automobiles. Division of Household Furnishings & Goods. Pension Plans. IRA. 401(k) or other Retirement Accounts: 13.6.A Automobiles: Each Party shall continue to own and operate their existing automobile. Neither party shall make a claim upon the other's automobile. The parties specifically agree that they will be fully responsible for the vehicle in their possession, including the responsibility for the automobile insurance, maintenance, and any liability, resulting in an . . . accident occurring with said vehicle, and the parties further agree to hold each other harmless as a result of their possession and use of said vehicle. The parties hereby agree to fully cooperate in the signing of any and all documentation necessary to effectuate transfer of titles and loan obligations in accordance with this Article, imdfurther agree that the party responsible for the vehicle is to pay all fees and taxes 'associated with the transfer of interest to them of said vehicle. ~ -- . , . Husbandagreestd pay Wife's automobileloanthru Ford Credit in the monthly amount of$367.99 for 35 months. 13.6.B. Division of Household Furnishings and Goods: The parties have divided between them, to their mutual satisfaction, their household property including, but not limited to, household goods, furnishings, personal effects, and all other items of personal property used by them. Neither party shall make any claim to the personal property, household goods, furnishings or fixtures presently in the possession of the other party. 13.6.C. Pension Plans IRA. 401-K or other Retirement Benefits: The parties agree to waive any right, title, and interest either may have in any pension plan, retirement benefit, or other employer related benefit of the other except as expressly provided in this Agreement. Specifically, Husband and Wife ~~ .~ - I _ J " lilt agree that Wife shalrreceive the sum of$225,000.00 in the form ofsh.ares as' rolled over to an account of her ~hoosing from Husband's Tyco 40 IK Account, Account # 306602821.Husband and Wife agree that Wife shall receive this sum from the following three funds in Husband's Tyco 401K Account: 50% from Fidelity Growth Company, Account # 00025; 25% from Franklin Small Capital Growth Fund Account # 03392; and 25% from US Equity Commingled Index Fund, Account # 00782. The parties further acknowledge and agree that a Qualified Domestic Relations Order is required to achieve this division of Husband's Tyco 40lK Account. The parties agree to cooperate fully with the preparation of this "QDRO". 13.6.D. FINANCIAL ACCOUNTS: Husband represents, acknowledges and agrees that he has no right, title or interest in or to any of the bank or brokerage accounts, stocks, bonds or other securities or personal property of any nature whatsoever presently maintained or registered in the Wife's name. Wife represents, acknowledges and agrees that she has no right, title or interest in or to any of the bank or brokerage accounts, stocks, bonds or other securities or personal property of any nature whatsoever presently maintained or registered in the Husband's name. 14. AFTER ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy independently ofany. claim or right of the other, all items of personal prop.erty, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose ofthe same as fully and effectively, in all respects andJor all purposes, as through he or she were unmarried. \ 15. WAIVER OF ALIMONY. Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husban!lexpressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason ofthe parties' marriage, to alinrony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as Husband and Wife. 16. ADVICE OF COUNSEL. Both parties acknowledge that they had available to them the benefit of independent legal advice from counsel of his /her selection or have been given full and complete opportunity to receive such independent legal advice from counsel of his or her selection, and that they fully understand the facts and have been given the opportunity to become fully informed as to their rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having the opportunity to receive . .. I. I '~* 20, MUTUAL COOPERATION, . Each party shall, at any time and from tiIlle to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 21. NOTICE PROVISIONS. a. Notice to Husband shall be sent by Certified Mail, Return Receipt Requested, to 5527 General Couch Circle, Mechanicsburg, PA 17050-1675, or such other address as Husband from time to time may designate in writing. b. Notice to Wife shall be sent by Certified Mail, Return Receipt Requested, to 5527 General Couch Circle, Mechanicsburg, PA 17050-1675, or such other address as Wife _~~'~c. ~~ .._"~"' .. .. i', '. ~ -" .~ "~"~n&; from time'to time may designate in writing. 22: LAW of PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. Recognizing that the law of the Commonwealth of Pennsylvania was changed effective July I, 1980, was amended as of February of 1988, and was further amended as of 1990, it is the express intent of the parties that this Agreement shall be the final settlement of any and all claims for support, post-divorce alimony and/or equitable division of marital assets. The parties hereto agree and covenant that they hereby waive and release whatever rights and/or obligations each may have with respect to the other under said law. 23. AGREEMENT BINDING on HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. 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. 25. NO WAIVER of DEFAULT. This Agreement shall remain in full force and effect unless and until terminatcdunderandpursuant 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 enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed asa waiver of strict performance of any other obligations herein. 26. SEVERABILITY. If any term, condition, clause or provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 27. HEADINGS NOT PART of AGREEMENT. Any headings preceding the text of several - - " ~ ~. ~ " ~ ~~,I ~i~.' . paragraphs and subparagr~phs 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. 28. INCORPORATED BUT NOT MERGED INTO FINAL DECREE IN DIVORCE: This Agreement shall be incorporated in, but not merged into the final Decree in Divorce. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have hereunto set their hands and seals as ofthe day and date first above written in four (4) counterparts, each of which may be considered original for any purpose. Witness ~~--J~ ~-s (SEAL) (SEAL) Witness COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ,On the cJ lb.-Day of Janliary, 2001, before me, the nndersigned officer, personally appeared JAMES RITZ, known to me or satisfactorily proven to be, the person whose name is subscribed to the within instrument and acknowledged that HE executed the same for the purposes therein contained. WITNESS my hand and official seal the day and year aforesaid. OIa, Kenneth LSchIege/, Notary Public l/alllpden Twp., ClIIIbetIand c~ My Commi&aion &Pirea M.,." 15, 2001 Membe<. cR Nclarlea COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND On the ;?7 r!:-. Day of January, 2001, before me, the nndersigned officer, personally appeared MELINDA H. RITZ, known to me or satisfactorily proven to be, the person whose name is subscribed to the within instrument and acknowledged that SHE executed the same for the purposes therein contained, WITNESS my hand and official seal the day and year aforesaid. NOIarial Seal Kenneth L Schlegel, Notary Public Hampden TWp., Cumbe<Iard CClIIIly .. 5,2001 Member, PennsyI/anIa_cR_ ^"~.n'tL~ ~~~h """- -il'J~~' 00--' .~".~ " ~~-- .. -~, "-~ .. - (') ~;: .,;". -oL. ~~~{; U).c::.: --< ~~ ~~C':; ;[;C) 6CI PrO Z --! -< :~ _rei'! c; n -'" ";0" :" c:') <::;. !"n ,21 ~T~ :'::;(f, ~:J (~ (~m > :XJ -< w en . .~~ -, :j .1, ~~ "-""-'-~ JAMES RITZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MELINDA H. RITZ, : NO. 00-7365 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Decree in Divorce. 1. Ground for Divorce: Irretrievable breakdown under ~3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service upon defendant by Acceptance of Service, on October 25, 2000, Affidavit of Service filled with Court on, November 1, 2000. 3. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code by: Plaintiff: March 17,2001 Defendant: March 17,2001 (b)(1) Date of execution of the affidavit required by~3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: Date of Filing: nla Date of Service: nla 4. Related claims pending. Plaintiff and Defendant request this Honorable Court incorporate into the decree their Properly Settlement Agreement: a true and correct copy of the fully executed AgreelTlent is attached hereto. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: Regular Mail: nla (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary March 30, 2001 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 30, 2001 6. There is a Properly Settlement Agreement between the parties, the parties requesting said Agreement be incorporated into the Decree in Divorce by stipulation date 1/27/01. KRAU I(R^,UT By ,~ C William D. Kraut, Esquire Attorney for Plaintiff __""n.. J:iI;;~~l:!~ril-,~~jllli'~!~,@ii~b""i.;!iH;';,~"'A;~,~jl..'i!6',m"~B1l!kif;ili;TdJ'~_.I1hUill.i liM~~' - -,~ . ~-<, ~- - ~. - -, - ~, -, ~. ~, .,-,~,,~~. ~-"'" ~ -- ,. 'I " -"-1IiIi .:.,-~ '" ~,., ~O"=!liJ;!""-"""" (') C s: "'DO.' rnnl Z:-..I:J -?,' OJ:>- ~~ ~C> );;"C -/ ~::.J -< '~'~'i_'.l.- I:IlIf ,i' ! i! Ii il II i~ I I I I I I 1 o () --r1 :-"" "" :;.J C.:l o -"--1 ,,-Oil 'J-'.- ~>~[~ -=~~"'j {;?~ Qr-fl 5-::; '-'n =< ~ .:.,) CJ1 , '" ~~ . r I " "" --'.0.<.... .~"'"'~-, Jt;;]" J. jWILLIAM D. KRAUT, ESQUIRE Attorney ID#: 22687 123 East Gay Street West Chester, PA 19380 Attorney for Plaintiff JAMES RITZ, SS# 306-60-2821 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW : NO. 00- I'] 3t.~ C~ ~L '-r~ MELINDA H. RITZ, SS# 329-44-3630 Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 17013-3387 (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue CARLISLE, P A 17013 TELEPHONE: (717) 249-3166 ,- ~" , I -'-"', - . -,"~" ~ - ""l!JQ:;, /WlLLIAM D. KRAU1 ESQUIRE ATTORNEY J.D. #22087 123 EAST GAY STREET WEST CHESTER, PA 19380 (610) 696-8200 JAMES RITZ, 5527 General Couch Circle Mechanicsburg, P A 17050-1675 SS# 306-60-2821 Plaintiff ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.OO- 73(,5 ~-r~ MELINDA H. RITZ, 5527 General Couch Circle Mechanicsburg, PA 17050-1675 SS# 329-44-36301 Defendant IN DNORCE COMPLAINT UNDER SECTION 3301(c) OR 330Hd)OF THE DIVORCE CODE I. Plaintiff is JAMES RITZ, a resident of Cumberland County, Pennsylvania, residing at 5527 General Couch Circle, Mechanicsburg, PA 17050-1675. 2. Defendant is MELINDA H. RITZ, a resident of Cumberland County, Pennsylvania, with an address of 5527 General Couch Circle, Mechanicsburg, P A 17050-1675. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on August 4, 1973, in Parke County, Indiana. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Solider's & Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. One child has been born of this marriage. 10. This action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce. ~. By Willi D. Kraut, Esquire Attorney for Plaintiff " " c_ ~~ I ';. ., ~ ~ ~ "'.. -~-' VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, JAMES RITZ, being the within named Plaintiff in the foregoing matter, verify that the facts and statements set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and that I understand that any false statements therein are made subject to the provisions of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. ss: --- .~ "L. c. '~'fm; IJAMES RITZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MELINDA H. RITZ, NO. 00- Defendant IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, JAMES RITZ, in the above-captioned matter. KRAUT AND KRAUT :By ~ Esquire Attorney 10# 22687 Attorney for Plaintiff ~jrrr =-'_<'j;~!i!i:iiOJ.~~HHt~II",.ooo'''r&M~~,~~lI~~ ".,-, ,". ,,~, ,"'. _~"'" _"~'.''''".'''' <, _~1 ,"" ,. .- .~ ~ ~ ~ p .{ ...3 -....... ~ - _~. "'~l" !'1'!!'\,.,.- .' ~'"'' ,~, '.">, " .~ "","'" ~f t '--( n '"""P" ~ ~ . (9 j ~ ...... '1'1 . .~ 9 ~ -,.'"'- ,~ -~., l::..!lM1 -.... 0 C) C) C C, '-il ~ 0 U [T: C"") nl -, , --; 0C- T -..", :-1 ~- CO ~I-.. <.0 ::.:.:J ,'.- " -< (~) ~ L: -~l m (-'- .. Z (~. (0;;; ;". , G-) .. ." :2 :'-) ? :;~ 'i. =< , " , "' -~, I I I " JAMES RITZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. MELINDA H. RITZ, : NO. 2000-07365 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. An Amended complaint in divorce under 93301 (c) of the Divorce Code was filed on October 19,2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: 3/;7 tOOl ( I F) ._'""'-. ~ ......,;-- ~ ~~~ .,,," "-"":'"-~r'w~~~~- ,~- LiWJiIlI"""""", ,_. 0 ~ ~, ^'~ ^' , .", - ~~ - .: ...-. . 0 0 0 C -r, S 3': vcr :GI'i> 71 mm :;co f"<'- 27_' c.:> ~~~~ :z:c (fJ"". 0 -<L ~C; "'" --T-'...-, )>,-., ~ ~~ ~c5 -, 5>c --I Z W ~ ::;! P0 -< 'I' ~ '-c, w ,"- _t~,,--;,,, '''L-''~-_+'''' '"' .-- ::"~_,' ',' JAMES RITZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. MELINDA H. RITZ, : NO. 2000-07365 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. An Amended complaint in divorce under 93301 (c) of the Divorce Code was filed on October 19,2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: 3-/7 ~ ,;leal NT) li.-"" 1. too[iiiI&~[_ ..0.'.- i"--~lIIilIi,'-"-~''8illIlJl;~ "",",.- .t~ 0 0 0 c: -n s:: -X _..-- -0 CD ):- ;,.~~ mm ::u Z:I) ~" ""(:'fiTl ZC: -:"1("':'1 ::Q ~~ 0 C",(-, '--~~ .:.::;.! r:: C) =:: -~- -;'-1: ..,- ,~...-.-: ~O ~ ~:c:~ (") -"0 am 5>(::,: -I :z; :J ~ =< N =< '.'1 j - - 1-'-.- '"' - './'.,..,,-. ",.:.i< 'Ii' ~ -..; JAMES RITZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MELINDA H. RITZ, NO. 2000-07365 Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/CI OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., ~ 4904 relating to unsworn falsification to authorities. DATE: 3//7 /;2.CO/ I / '.. - ~-" ." .. ^-,,~~.~- .," - -- , " '" ,~ ;; JAMES RITZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. MELINDA H. RITZ, NO. 2000-07365 Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER SECTION 3301(CI OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S., S 4904 relating to unsworn falsification to authorities. DATE: !]--/7--c:!760I T) ;w.."j~l1.\1;ilb.lt:l. ,.; ~!lljlil<lll!il. ~~""'ilifJ.;I' .w,""",,~~ ,~~.~ . ~. - .. ~~~, .<i .;........lll$;;~. ~~ 0 C) 0 C '1 ~ :J;:; -'-1 "065 ~ ;-~~;::: fTl rIT ;;:0 2::c CV .-,rT1 2, ':0 (;')2:;": 0 2:;1(:) ~..c::" r:::o ~ --,-= ~'r, '" ;~~) ::.J <Cl ~'.o~C) ~C' cjlli )-:-:;c:: 2: .hi ~ :.v 5J -< f\) -< l' I_I~_" 1_ iL.J!~~"k-."';,;" " .... 'C JAMES RITZ, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 07365 CIVIL ACTION - LAW IN DIVORCE MELINDA H. RITZ , Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CHESTER WILLIAM D. KRAUT, ESQUIRE, being duly sworn according to law deposes and says that he is an attorney-at-law duly authorized to practice law in the Commonwealth of Pennsylvania, and that on October 23,2000, he sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, MELINDA H. RITZ, by certified mail, return receipt requested; 5527 gENERAL cOUCH cIRCLE; MECHANICSBURG, PA 17050-1675,; Attached as Exhibit "A" are the postal receipt and return receipt card, signed by the Defendant on October 25, 2000. Wil~au" E::'ire Attorney for Plaintiff Sworn to and subscribed before me this 30th day Of October,2000. ~ ,~ '" '" "'" [::J U.S. Postal Service CERTIFIED MAIL RECEIPT : (Domestic Mail Only; No Insurance. Coverage Provided) (s. fvlt.l\ --" '" nI co Postage $ Certified Fee nI ..... [::J [::J [::J [::J "'" rn Return Receipt Fee (Endorsement Required) I I Total Postage & Fees $ I j(::ty~"."~a\~"m~e~YK~ - .___________..m________...____.~___---.--.m---------------.--.--------m--.-.------- I .~~i;\":r.:~~L.J~~..----c\f.d~:--- ! . Stat~~VI\C-slow(- fA I O~v-11o /5 Restricted DeHvery Fee (Endorsement Required) Complete itein-s-'f,"2, and 3. Also complete item 4 if Restrict~d Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. c. Signature 'N;~A:drRr~T.~ct t\. 'Rt '::>S,;!, '1 C71lj\ea\.1 COu.cir. .... Me d.G\I(\ lc.sbM-j i pp.. /10'2>0 .. o Agent o Addressee DYes DNa 1f:t~S'" - 1),,"1... Frll <To:; iV( o Express Mail o Retum Receipt for Merchandise 'EI C.O.D. 4. Restricted Delivery? (Extra Fee) 21t'~ PS Form 3 ~. d VOo-~ OloloS es 99.M.1789 J bZ;~,.; ~jf&&li~Mf,~:!M:lj;j,~~!#ffiluh\;;~ilii.,~i1i<l>1dj,!-~~".f "~~.,,. '" ,.,. ~ ,'--"~ ~ ~ ~,. ~c.J taU ;i.:.i.1 ,. "..'0"- '~'. ,.~,. -" , ~ -'I "ii'- ~ ". < ~"' ''<>- " ,- .""' -~~I ! i' t I' I r I r -, , ~ .. ,.; i ! t' !: I r:: 1, I I: Ii " Ii ~. z 1: I:; "(I] 0 I mrn ...:: Z':IJ z~ I ~z: " ~o -.:c -......-'. ~8 ::It ':):",.; ~'- 5c: ~ 2~tY' Z ..., Vi ::;::;.- =< .:0 <X' -< ~_ ,. '1""~' - -.- ,'" '~"'-_'P"".."."_'_.__~'_"'_~__ ..~ " _.- ".- I'. ,. 'lli~*_'o JUN 2 92001 tf7 WILLIAM D. KRAUT, ESQUIRE I.D. 22687 123 East Gay Street West Chester, PA 19380 (610) 696-8200 Attorney for the Plaintiff JAMES RITZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MELINDA H. RITZ, : NO. 2000-07365 Defendant : DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER .-y,jll.l\) Vow, (t~ 2'>d d.n cd' ::t..J"] , 2-e<O I, WHEREAS, this Court has jurisdiction over the Plaintiff, James Ritz, and the Defendant, Melinda Ritz, and the subject matter of this Order; and WHEREAS, the Plaintiff, James Ritz, the Defendant, Melinda H. Ritz, and this Court intend this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO"), as defined in section 206(d)(3) of the Employee Retirement Income Security Act of 1974, ("ERISA"); and WHEREAS, the Plaintiff, James Ritz, and the Defendant, Melinda H. Ritz, have stipulated that the Court enter this Order, NOW THEREFORE, IT IS HEREBY ORDERED BY THE COURT AS FOLLOWS: 1. As used in this Order, the following terms shall apply: a. "Participant" shall mean JAMES RITZ, whose current address is 5527 General J?OSO Couch Circle, Mechanicsburg, PA 17Q05, and who was born on JANUARY 7TH, 1952 and whose social security number is: 306-60-2821. b. "Alternate Payee" shall mean MELINDA RITZ, whose current address is 5527 J1o~o General Couch Circle, Mechanicsburg, PA 17005; and who was born on APRIL 25TH, 1952, and whose social security number is : 329-44-3630. -V.'"i ..(,~b<:':" """"~~~!tll~tU~_e~.~~llj-"-n~i:~~ --'-"'-t'-~""-~' , ",' _ ~",. m . ,..,![,~'\J:J,,,\ ",.f\>,\li\\! ;:-j>;,':'::;''''''''\\f"'/) ;\r<\~,b::-~ .r"\1-~:- d, I', .'-- '^,\C \0 l,\b '1<\ \ tJ (. h.:...:d:J -,,'~" """'~.~'" iI<I '"cO', I I If, "," " - ~,' .. c. "Plan" shall mean the TYCO INTERNATIONAL (US) INC. RETIREMENT SAVINGS AND INVESTMENT PLAN. d. "Plan Administrator" shall mean RETIREMENT COMMITTEE OF TYCO INTERNATIONAL (US) INC., TYCO INTERNATIONAL (US) INC., P.O. BOX 5035, BOCA RATON, FL 33431-0835. e. "Valuation Date" shall mean April 3rd, 2001. 2. Participant and Alternate Payee were married on August 4th, 1973 and were legally divorced on April 3rd, 2001. 3. The Alternate Payee's interest in the Plan shall $225,000.00 as determined as of the Valuation Date. 4. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date of the distribution is processed. 5. The Alternate Payee has the right to name a beneficiary. In the event that the Alternate Payee dies after the Order has been qualified, either prior to or subsequent to the segregation of assets for the Alternate Payee, the Alternate Payee's Award will be distributed to the Alternate Payee's beneficiary. If no beneficiary has been appointed, the Alternate Payee Award shall be distributed to the Alternate Payee's estate. 6. The Alternate Payee's Award is not entitled to earnings (dividends, interest, gain, and losses) from the valuation date to the date that the Award is segregated from the Participant's Account( s). 7. In the event that there is an outstanding balance as of the valuation date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's Award will be paid from the non-loan assets in the Participant's account(s) on the date that the Award is segregated from the Participant's account( s). 8. The parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc. forthwith. This Order shall remain in effect until further order of this Court. , "", ~ fr.b~, 9. Nothing contained in this Order shall be construed to require any Plan or Plan Administrator : a. To provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; b. To provide the Alternate Payee increased benefits (determined on the basis of aClUarial value) not available to the Participant; or c. To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order which has been determined to be a QDRO before this Order is determined to be a QDRO. BY THE COURT: td/-gc2~ AND NOW this Day of , 2001, the parties in this above captioned matter hereby agree that the terms as outlined above shall be entered as an Order of Court as shown by their signalUres below. ~~!;r Mclin " H. Ritt. l>ofmI ~ ~<."O\ * .