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HomeMy WebLinkAbout01-1925 FX ~.~ ~ ;..~ ~ I..~ ~ ~~~ ~ ",,;, ~ ;.; ~ i ~o~ I ~,;, i ~ 1- ~ ~~~~~~~~~~~~~~~~~~.~,,~ <I ;.os ~ ~, ~ a ~." ~ ~os ~ ~ ,'0", ~" . 'r. ~ ' , " ,- kl ,',,"<'; -J ..",." . , .', ~:''!:.X.::~;:'::;~::.::~~::'::~::+::'()::C~~:>.~}~::):::.}():C~;:::::~:::..::<(::;~:::.;~~;::)::.::<}::+::~( )::C~:::)::C~~:::::~:'.::(:::~:'.::~~:::;~::+::('::~;::.X:;~::.::~;:;~:~~rK.::{::::!~~:):::.>')K::!::.};;::~~::+}*~::;~::.::~~::;;.~::c~~:,:::;:::C~:)J:~;!::+}:;;;~:!~ ~ ~ ,", ~ ~ ~ .' ~ ~ ~o" ~ ~os ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -''0", ~ ~o~ ~ STATE OF PENNA. ",,' ~ ~o~ S ~.~ * uJ.I\HPuU.OSE, ~o~ * ~ 1>.'# Versus I II II CIVIL ACTION - LAW IN DIVORCE N 01- 1925 \tI'olV (I. .................u..... .................,~~ u uPJa,tntifL i 1>.' RICHARD CLOSE, .._....._..__... u__... __on ~ ~.~ ;'o'~ ~ ~i i 1\'." Defendant ............ ____nno..n ~ ~.~ ~.~ ~ ~~ M ~.~ }~ a ~." ~ N ~ DECREE IN D I V 0 R C Eot4':uDp.tf\ . AND NOW, ........ .~. ~.~.. ,/tiJ>...., it is ordered and decreed that.. . . . .. .. . . ~~.NP. ~.L.q?~. .. .. . .. . . . . . . . . . . . . . . . ", plaintiff, and. . . . . .. . . . . . . .. . . . . . . .. . . ..RI CHARO. C.L.QSE. . . .. .. .. . . . . ", defendant, are divorced from the bonds of matrimony. The marital settlement agreement dated April 19, 2005, is incorporated but not merged into this decree. 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; ......................... .NON.E............................................, .....o___u A''''''..;J~c4.. ----.... J. 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"0 ~<"k c._."~'!,,"e;',h,~-'<";%j" ,,"F',',--,"'r;_",,','?!'''',~'~.,._," ,,, _~_'_',~ ~ , , ~-''- ,!i lJ (1 ii II I i I; ,., ~"" - ,.,' ..",;;g , . ~ , ",I ""'""-~"'~;~ ,~" ,', MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~day of M ,2005, by and between JANET CLOSE of LEMOYNE , CUMBERLAND COUNTY, Pennsylvania (hereinafter referred to as "WIFE") and RICHARD CLOSE of HUMMELSTOWN, DAUPHIN COUNTY, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on June 1, 1974; and WHEREAS, one children was born of this marriage who is a minor child; and, WHEREAS, diverse, unhappy diHerences, disputes and diHiculties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; 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, I ~ ,~ "~ . I~, ~ ; , ~", -........~, , , . , the settling of any and all claims and possible claims by one against the other or against their respective states, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by eClch of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1, SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to 2 -,It< "",".~. , ~ :.1 - ,j ....,. " ~~~ -'-'" -"~" ";'R;:-i: . . ,'. molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3, AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to aHect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy diHerences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSE,QUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in CUMBERLAND COUNTY claiming that the marriage is irretrievably broken under Section 3301 (c) (No Fault - Consent) and 3301 (d) of the Pennsylvania Divorce Code, Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all AHidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered 3 .i:' - -~-,~ I. .- .-. .,. ., , J . , ~"" '-ti' counseling under the Divorce Code, It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, ecuch of the parties hereby consel'!ts and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in aily such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and 4 - J- ........, , ~ < I .~ _, "> L.~,",l , '~ "IlIti, conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which is it executed by the parties if they have each executed this Agreement at 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. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall take place on the "distribution date", unless specified otherwise. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of each 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 the 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 courtesy, or claims in the nature of dower or 5 -, " tN """'1lIllii?"""" ~'f'i" courtesy or widow's or widower's rights, family exemption or similar allowance, or under the interstate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising underthe laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other party now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, 6 .,.l" ,~~~ ~ ~ . ~._' ,-, . -- ilmf ~t "-r-:' alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL AND FULL DISCLOSURE: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; RICHARD C. RUPP, Esquire, for HUSBAND and Emily L. Hoffman, Esquire for WIFE. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements, 10. WARRANTY AS TO EXISTING OBLIGATIONS: Husband and wife affirm and represent that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 7 -~/:iJ . - " , I - ,,",- f !l !ltiJ!lLl.tli~{;_" 11, WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself including, without limitation, the following debts: A, MBNA America, Acct. #426429838845509; B. CitiBank, Acct. #5424-1801-2402-5492 C. Sears CBUSA, Acct. #4801-5194-3945; D, WF Finance (Wells Fargo); E, HDMBGAlCDTCR, Acct. #603 532 010553; F. Lowes MBGA, Acct. #C822223; G, First Union Visa Account WIFE hereby indemnifies HUSBAND against and agrees to assume the 8 -" - - ~ ~!i'~""'~' ."._ I ,~.~, "~. r l:;, '~ u..",.a",,'M.~ld(' sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself. HUSBAND shall not and will not hereafter incur or cause to be incurred for the. benefit of himself except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE, WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or Iiabiliti.es for any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13, PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make any claim to any such items said division of such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 9 J ~~ ---" " I _'lillIIII-" ~,~ , fu-,' " By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any tangible personal property which is listed as belonging to the respective parties, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: HUSBAND and WifE have sold the real property located at 10 Oak Hill Drive, Etters, Pennsylvania which was deeded in the names of HUSBAND and WIFE. Previous tot his ~greement, the parties divided the net proceeds from the said sale, as follows: payment of 25% of the net proceeds from the sale of the home to WIFE and payment of 75% of the net proceeds from the sale of the home to HUSBAND, The parties waive all rights and interest in the proceeds retained by the other party. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they have amicably distributed any joint bank accounts or certificates of deposit and that they now each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. RETIREMENT BENEFITS: The parties will equally divide the marital portion of their respective pensions, profit sharing, savings, 10 ~~~~-' '-- " 1 l,1 ,"0' ~' l' , ""',;; 401{k) plans, saving and thrift plans, annuities and/or retirement benefits. More specifically, the parties will divide the benefits as follows: A. HARSCO Pension. HUSBAND has a pension with HARSCO. HUSBAN:D will transfer to WIFE fifty percent of the marital portion of his HARSCO.pension plus all earnings on those funds from the date of seperation, 8/1/00, to the date of the transfer to WIFE. The transfer will be effectuated by a QDRO which WIFE will be responsible to prepare, HUSBAND will sign all documents required to effectuate this transfer immediately upon WIFE's request, HUSBAND will provide to WIFE all information necessary to complete this transfer immediately upon her request, The marital portion will be determined using the date of marriage, June 1, 1974, and the date of separation, August 1,2000. All income taxes owed on all sum or sums transferred to WIFE are the sole responsibility of WIFE, In the event that HUSBAND is taxed for any reason on all sum or sums transferred to wife and/or, through no fault of his own, on the portion transferred to WIFE, WIFE shall indemnify and reimburse HUSBAND in the amount of the tax due. B. HARSCO Savings Plan. The value of Richard J. Close's Savings Plan was approximately $160,754,08 as of September 30, 2004. HUSBAND will transfer to WIFE fifty percent of the marital portion of his HARSCO Savings Plan plus fifty percent of all earnings on those marital funds going to Wife from the date of separation to the date of the transfer to WIFE. The transfer 11 ......._~, " . L., ,~ " ;, I. -"~...L _.... ~< - ..--.- ~~-M~;';-"',",i:I;.0!,;",,'_,-~:, will be effectuated by a QDRO which WIFE will be responsible to prepare, HUSBAND will sign all documents required to effectuate this transfer immediately upon WIFE's request. HUSBAND will provide to WIFE all information necessary to complete this transfer immediately upon her request, The marital portion will be determined using the date of marriage, June 1,1974, and the date of separation, August 1, 2000. The parties intend that this distribution of Wife's marital portion of Husband's Harsco savings plan shall not cause Husband any tax consequences. There shall be a provision in the QDRO to this effect. Wife shall rollover the these funds, representing her marital portion of Husband's Harsco savings plan - calculated as stated above - into her own retirement account and therefore does not anticipate any tax ramifications, On any sum or sums transferred to Wife, if any taxes are owed on the transfer, through no fault of HUSBAND, WIFE shall be responsible for said taxes, In the event that HUSBAND is taxed, through no fault of his own, on the portion transferred to WIFE, WIFE shall indemnify and reimburse HUSBAND in the amount of the tax due, C. In the event that Wife has any retirement whatsoever from her employment at Kraft Foods, Husband is entitled to fifty percent of the entire value of the funds. WIFE will immediately obtain the paperwork necessary to roll over fifty percent of the funds to HUSBAND. HUSBAND is entitled to a fifty percent (50%) share of any and all Kraft Foods retirement accounts. WIFE will sign all required documents immediately upon HUSBAND's 12 ,~~.. "" J ~, --I i _ . I ,. ""~ ,.. ,. ~!!ilIi!Kili,- request, HUSBAND is responsible to prepare'a QDRO if necessary and shall pay all taxes due on the transfer, if any. 17. INSURANCE: WIFE will receive a fifty percent (50%) share of the mutual portion (the amount which accrued from the date of marriage to the date of separation) of any and all cash values from insurance policies owned by Husband which insure Husband's life and which have a a cash value plus all interest accrued on the marital portion since the date of separation, HUSBAND will provide WIFE with information and release her share of said cash values, or shall pay WIFE her share of said values directly within forty five days of signing the marital settlement agreement. 18. MOTOR VEHICLES: With respeclto the motor vehicles owned by one or both of the parties; the parties have already divided all motor vehicles to their mutual satisfaction. 19. MISCELLANEOUS ASSETS: All other assets not specifically enumerated herein shall remain the sole and exclusive property of the party currently in possession of same, 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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 we unmarried. 13 """"" - " ~~ ~-I ~ '" ,'," L I....~ ~~Uil ~ ~lUIl-:rl1nn',lli~jc 21. COUNSEL FEES: Neither party shall pay the other party any sum as payment toward each party's counsel fees incurred in the preparation of this Agreement or in this overall Divorce matter or in the pursuit of a final Decree in Divorce, 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and sobject to the carry-over basis provisions of the said Act. 23. WAIVER OF MARITAL CLAIMS: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present, and future, The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony pendente lite or for any provisions for support or maintenance. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal 14 ';.<)'..::Jl'^"'~ ' , '. I . ,-,0-,,-, ", ~~,' ',hitiltii'.": ,'. support, counsel fees and court cost. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, the 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, 25. BREACH: If either party fails to abide by this Agreement within thirty days of notice of breach or failure to abide, the other party shall have the right, at his or her election to sue for damages for such breach or failure to abide or seek such other remedies or relief as may be available to him or her, and the party breaching or failing to abide this contract shall be responsible legal fees and cost incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS TO MAINTENANCE: Except as herein otherwise provided, each party may dispose of his or her property in anyway, and each party hereby waives and relinquishes any alld all rights he or she shall now have or hereafter acquire, under present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take ill intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver 15 '''Jj'' .,,1 ,~"'~ Lb...ll-'''"- """"""t, ei~iL', '. and relinquishment of all such interest, rights and claims. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights alld claims. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of thus Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory 16 r ~ .~ .~" , ,-d, J , ~ ,~ '", '"--~ -; .......~.it~-j, " , . and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved, In tile event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30, 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. 31. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver 17 ,t~'~~' . ~~,-~ , I L I ,-'''''-~ , ~ _ ~C ."~! , . to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 32, VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 34, MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 18 ~'. '" " , 1,_' ''''''''''li'''''"~ritt'",~ . . . 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties, 36. APPLICABLE LAW: This Agreement shall be construed under tHews of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written, (SEAL) HUSBAND ~~ , WITNESS ~~ . ANET CLOSE, WIFE (SEAL) 19 ~!i!lIilii,Ii'lii!'f-oJ~..~illl,llBl'il!i~,l;Wj;Jt.~i~jttt-~ilW~~,Jr.'.',"~Jr'oEjM::"it'''~"A";:""",~"'~!~~1!'",,--[OO~ '"''''~~~~iI!ll!I~MLiliilif~.".,o;".~,.,,;.'M 1'5 1/~jQl -'- """'i ';;ullllllli!li' ,~.... "'-"'''''''~f 'I I I , II I I 'I :i ~ ~ J I ~ I I I I .' ....., ~ g = <=> ..,., s ;:g:: ..... -0(.'0 Si ffi:!J rnrll .."j:f. "2,::0 zr; , :og ':!)-...., - 0 cO ~...., k:.: -0 ~5 ;:"0 :J: ([0 f.i! ('5'1"1 7C -"'I ~ ,(..0) ~ a> '... -" I ~ " .1.,......,. Emily Long Hoffman, Esquire Attorney LD. #66307 105 N, Front Street P,O, Box 11475 Harrisburg, PA 17108,1475 (717)233,1112 Attorney for Plaintiff JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 01 - 1925 CIVIL ACTION - LAW IN DIVORCE v. RICHARD CLOSE, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: . Code. L Ground for divorce: Irretrievable breakdown under Section 330I(c) of the Divorce 2. Date and manner of service of the Complaint: Reinstated Complaint served by Process Server hand delivered to Richard Close on October 18, 2003, 3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code:. by Plaintiff, on 12/10/2004, by Defendant, on 6/8/2005. 4. Related claims pending: All issues were resolved with the Master. 5. Date of filing of the Plaintiff's Waiver of Notice is 12/14/2004. Date of filing ofthe Defendant's Waiver of Notice is 6/21/2005, Date: November 1, 2005 ~~ Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 105 North Front Street Harrisburg, P A 17108 (717)233-1112 Attorney for Plaintiff ~'~ .&.~'!;o ~ - ,",- .lIilI~~M,'lk."';"!Ii:.,ii1l:g~:i-@a-_<!'lIJ~,!:!lW.,;,,,,"',,l~~:'" "(~ ,__:'."",_~; ,'"",,,,",,,n;",;}i,,,'';1'fi:4:WiJl1i;ws/.'lill ,",""","",,,,", c, ;; S ';iJ[ ^" ~~ I ~,rr-~"J "''"'''_n'''' ""__ ;,;(Ir"- --, Jiii\.~~~"'''"'-''' (') "" = 0 C = " -o~ ...,.. z ~:n mm <:) Ze' -< -oF;:; ~hi I :oy kef g~ ~CJ " ()~ :x 58 ~ ;iSm ~ c.:> ~ -.I -< ~'''''''''''~' '>1 I;' II ,I ~~ L, '- Ji-il; JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 6/- ICj.Lj (]~ RICHARD CLOSE, Defendant CIVIL ACTION - LAW 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. > 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, 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 - ~~-- ~ I ~, -, " --~ ~ "r,", Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de lag fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abagado y archival en la corte en forma excrita sus defensas 0 sus objecciones alas demandas en contra de su persona. Sea avisado que si ustted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE. SI NO IlENE ABAGADO 0 SI NO IlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCURENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 " I" I~_, .- ~ ',. "" _.ir JANET CLOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C>f- /9d.5" ~ -r~ CIVIL ACTION - LAW IN DIVORCE RICHARD CLOSE, Defendant COMPLAINT UNDER SECTION 330Hc) or 330Hd) OF THE DIVORCE CODE 1. Plaintiff is Janet Close, who has resided at 541 Herman Drive, Lemoyne, Cumberland County, since August 2000. 2, Defendant is Richard Close, who has resided at 10 Oak Hill Drive, Etters, York County, since 1997. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June I, 1974, 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. , . I_.~ ""',--~-"'>-,~,,,,, 9. There is one minor child born of the marriage to wit AdeleMaye Close, age 9 years. 10. The Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court enter a decree of divorce. By: Date: Respectfully submitted, R~ w ~-Y-' RICHARD W. LONG, ESQUIRE Sup. Ct. I.D. #79152 105 North Front Street P.O. Box 11475 Harrisburg, Pa. 17108-1475 (717)233-1112 EMILY LONG HOFFMAN, ESQUIRE Sup. Ct. I.D. # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 . --", '"' .' c_ ) ~_ : '-, ;,,:,;..;;..,..', AFFIDAVIT Janet Close, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief ~~ Janet Close Date: ~, ~. ' ::!lI~ ....,.;, \' ">'. "if' ~j!:i~:jfiitRW'11"N!"JiB'-;ili:I~~lli~ii..M.oi,jr;M;!'J:j]gj.mi~!!l<i:~,,*'~:#~O"f'Ui"-~,"":ci-,,,,~"ilb""';,,}nd;;~,,;.~~1ffl , ~,;>.~,~~~iil~jJ (""'"'"' \~r;;;., " ~ ~l ,\ ~ '^' , _ .' ~ _L --J tv -. - cx:--.l \:::1 I ~ '-,^ -., ~V J"..,.' . .~, ---.J (,),~ . \ v' N > "~, "'" "< ,-" -, Q ~ :-"" -op:-:- rnr'~--, -;?" ..~ , .._~'. th )~;~ -<~, (20 ~::Cl ~c'l :l'-c': Z =< ~ ,,_. ,~ C) 10" ~':J :;-,,) I r-...) ~:' ~ \;e) {..I) ..-~~ >f\ ~ :-;::1 -< U1 (10 ~ ^~ ~-"" ~ ~ .~~ ~- .~~ , l~ ~ I I _ ...:...... ~_ " '! . "< , '. l,~j JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01 - 1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed , " on September 19, 2003. 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 of divorce after service of notice of intention to request entry of the decree. i I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /j/;rJ/OS- ~ T CLOSE cial Security # /75" 1(0 4>>/ 855101 ~~' '. ~liI-~illj,;;",~,P.;;'W";$:J!M~:iWi-l,*:,,%,",,,:;R':,;-;'Hsri.'; :,;bi,j)~";,>-~_'J!!";~I'''i-, """~"'t::Ji1rlt~'\'i,J!!1,i~:~~illiIliIilllll~~,gr,,~jliS!1~"'''<\ll,.~_Ii~~!MI.iitt:ll' ~_1~ EO ~ a c: ::::-~-' l}l':;:~ rr-:r: I 0[:- ~t~ ?;:c:~ St: ~; ~ -<: ~ ,I ~s [0 1 <~........ - ...., = = c.n (.... S; - o "Tl -I ::t:..,., rn-- r: -om -:00 ob ~-1'- :1:.,-1 00 2, ?n ~' S5 '< w -u "Ji. Y? o -.l ! " o. JANET CLOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ... NO. 0 {./ ("tJ..f, RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE " AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2003, 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 of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affid\lvit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: L;,J 1J/ 65 d~/4------- C OSE Social Security # t' ~ ~ (/0' - 7C z.. 7 85510 1 ~~lil1M~Wi~i~;ill!l1i~~~~1t~~~IM.!:j.Urt't2.,:.w;''"'t'J:dMh~!i,~''i~'Wi!t~!1il.~(.!tItlfmirl.''"'''~~'''''-__~~,~~~J~~~~~~~j E.o~ ,cj ~~ - (') c: s: "'1:1f'r., CP{!':; ~.-O <_r-- co '1"_ -"',"- ce:- -~ - c;rc <.. ~-- :;;;;() c: <:: :::.;: ~ ~ ..,... \0 ,..", """ <:::> "', c.... ;:;; I en ~ :r miJi ]j(!] o 5'!9. OiI5 fSrn S! :'.0 -< ~,~, ,,' - ,~~,~-,,~ ~ ~ 1,,_ " ~ ,I i'l <'- 'r"'.~"';'" 'i\""k, ~~ o JANET CLOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO,&{:- 19J..S" RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A D1:vORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 Mfidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. (i4904 relating to unsworn falsification to authorities. Date: ~ ?!/35 ~ r-- -C~ SE 1~~iWllo~<!iru!!!ii!0:l!~,hillii!li!,;~,fMti'lt~ffi;:~!Slliili~~.WAAlR".-i#lt't4i'*'",c::-;;'~~j,o't'<, ;,<,jl,ir,H:i".f",:'~"Mr- '^ ~J .~'';-'''''_iI'_~~~~~~!iGiii~1 -.;,J;",,,,,,_ ~ p ,...., 0 = = -n ~ <;.M :s:. '- :i!:o ;R~f c:: Z~:T) .. ~.~ ?J;i,:' I ::lJ [oF U1 0 ~t' ::;.!...., ":P'r- -0 0:0 L':-'< 3: zO >~ '& om .'-1 ~ .;:- jJ -< \.0 -< ~~ "", ",,, ,,' -...I.., "'"=~=~."-' --"I. -;...' ~~~b{: JANET CLOSE, Plaintiff IN THE COURT OF COMMDN PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01 - 1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 corr,,~L 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, Date: tfl d-/OS" ~d:('jft~" / J T CLOSE /75 t/to1ScJ-! ~\\iijmt ;,'_o_ , iIIl~ll!j'~ia-<'~lJk..,J..iMiifuW;&""'~'\/i!..$I:,<:;:;'-;l<lt!"il'Ii".E~"''''';'''''''c:',c >'''-,,-!;,'; ,;.-,;":,,'i;"-"o\iZi!"~,4"';fI1lli~~i1!l!M>>~~~~,;;;b.'J;;;ltl'PM!Ill~~&.1iUi!~nIlll;.l{~~rm.J' - ,. ~ ll' ,~, ~~~, () ""-' 0 = C = -n <' en ~~~ c...... :I!.." c: 1- ~ m-- to .- ;f'" '7"~ , :ge3 r::Jr.~o w r, J !~~ ~O -0 "Ti --'"f1 3': 90 Y? om z ~ -'-1 0 -< -.l -< ~ CS ,-,;,-~~~. ". - ,?_<-- . ~ ~ ,,~ ~ ~ ,~ L_." ~,~~ >, 1 -~~~ ........ -I " I ,.,... " CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the reinstated divorce complaint was served on the person(s) named below by hand delivery as evidenced by the attached Affidavit of Process Server on October 18, 2003. By: Respectfully submitted, ~~ Emi y Long H~ffinan, Esquire Sup. Ct. ill # 66307 105 North Front Street P.O. Box 11475 Harrisburg, P A 17108 (717)233-1112 Date: 11/1/2005 A~,_"-~',", Affidavit ot ...rocess ~eIV~1 COf/t<f t!>f &...-PhVl P&,,?s C",,,,,,B'IL(A-...b CD <.>___f.] tw\ME.OF COURT} "" 16C.h.AIlD Ch.u d i!I/ -19~.r- DEFENDANTIRESPONDENT ~. SAYlGr Cl....eu PI..AINT1FF1PE1lTIONBI by servmg 1 declare '''''II am a cilizenol!heUm"tedSlates.overlhe"geof eigbteenand notapattytothisaction.AndthalWilhin tfteboundanesof the state where service was: effecled~ I was authOI'iled by taw to perform. said service. Service: Iserved K,ch/lR,D \ CL.o.r~ . _OF~8ElNGSERVeD ;?i!,,,,,..l,IAD 'DwtJ~e..e ~"I._~ 4-.#'...P~D wllh Ihe (documents) /nO J.} "'" f.,. A.f,/'t>J __,;.__J. ""I ""Ai'f..." R'C.h.4A-O C?t..osr 79';;7- Sc......,r"".."r S:t ~~J./ J' /u,e> at B'1'lome a Business .# -. .....#L.1fi-. A Ra.AnDNSHIP ;o-,n -- "7 DATE a' / /..' ;; D ./ J'I-( TIME or> Thereatler copies ollhe documents were mailed by prepaid. filSt Class mail on DAre from CITY S'rATE Manner of Service: ~per.;onallydellveting copies to Ute pernonl8lllhOri2ed agent Of enlily being served. OBy'eaving, duringoff"u:ehOUlS.copiesalll1e_ollhepetSQn/enlilybelngsenre<l.leaving samewith Il1epernon _'Iyin e/large lhereal.. , ,- a By leaving COPIeS at thedwelfmghouseorUsuaJplaceof abodeoftbepelSOR belngsenled. withamember ofthel1aus6hold 16 or alder and explaining Il1e genenlI natlIreof Ute papetS. a By posting copies in a COnspicuous manner to !he a<1dress 01 the personFentity being served. Non-Service: After due search.. carefutinquiry and cm-l!lent attempts a. the address(esj lisle<! above. I have been unable 10 effect process upon the person/entity being seNe<! because of t1\l> following reasonls): o Unknowna' Add<e$s OEYa<ling OMoved, Lettnu _9 o Other: o Addr= Do.. No' E:rbt oservrce_I1yUI/ganI [J UnlIIJIe 10 'sene In. Tlmdy F_ Service Attempts: Senricewas _pled on: { ) . { I OATE TIME DATE rnAE' DA.", TIME . ( ) DATE TIMC .( 1 OATE '- Description. Age: SO Sex: PJ Race: w Hgt,SJ'/7'" Wgt: J 7.r- Hair./!A. Glasses: "y <> I dec;;;f";;-a1:of~~-X';4'forma~contamed~ is 1rueand correa;; ~ = was execuIed on OATE CllY' Sfl\TE 1\ IJ~ ~ sta\ea~tm5:lIlua..nic1\.... . GN'ATUREOF. SERVER Coun'Y 01 ~hJld .,.....M^ A i subscribed and sworn ~ore me.. a nQlary publie.this ~ day of 1.......(11 ::\Oher }dtf)5 NOTARIAlSEAl SUZANNE M. DEDERER. Notary Public Camp Hill Bora, Cumllerland County .' My Commission Expires Aug. 20, 2005 WITNESS MY HAND AND OFAClALS1:AL TO "L~ NAJT.!IS ....-.... -.....--.... ....~...~rw:'OO~ OI:t~~o::::~ 'We!.iJ~;~<:I!;,k1!!{I!;,.'liI;;iili1"'.ird,iU~'''1'f!f.1gE,.''''-i;\~,,:~.w,~j,'';j,,:y""y,,,,"-,,,~,,,,,,,,,,, " "~",,_,"',~~k,,,,<~'i1!;'iiiii.al~~~~I!t~l/cii~'1~-"~:.llI~~~__~~1 I I I , I "''-''-, ~" _."'~ o. " kS V ".Jal ...(!') c .~~ ~:t:\ ?Q~, c;;c ~o *0 :>>c ~ ~ N ..$'... ...,. :Z- ,0 '....::' t. " ",-' .: " ~ ::it: ca ..~.. -J o .,.,. 101. ,. :J: " 'i~...... 06 "~;;..>..._.,,. :J:~ ~M ~. '< ~-~ o ,. v. IN THE COURT OF COl\.1MON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. '" ( -:- i 9 d. S' JANET CLOSE, Plaintiff RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A D1VORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: fj/ Ve5 ~~~ . -CH . C SE +~,;~.'> :i-, o. JANET CLOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ..... NO. e l~ I '( ;L :;; RICHARD CLOSE, Defendant CNIL ACTION - LAW IN DIVORCE i AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2003. 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 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ /s;/ oS '/ - ~~fd------ / CH OSE. ._ Social Security # t'" 'ffd ~ t./ d -?i Z-J 85510 1 -. . " _" .".. ,,'.'d, ,-",-'," '~ ~-~ ,.;,:.' ~"--",,,,', "W:! " JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1925 CIVIL RICHARD CLOSEr Defendant IN DIVORCE ORDER OF COURT AND NOWr this /17'1 day of been 2005, the economic claims raised in the proce resolved in accordance with a marital settlement agreement dated April 19r 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, J. cc: ~ily Long Hoffman Attorney for Plaintiff .;Qchard C. Rupp Attorney for Defendant . G rP 0(\/\ -\- ~ " "'--..~~!1\!'~J.iii~ilW~W~~j~i>i~~.ir:~~;'ll!{IL~ '"""" "",,,", ,---~;O; "3 t: 1 :6 (r'I~ 61 -'1 a,r gllal l\bV10;\}("ih'" F'd ! '" -.,J,,'Jt),..! :JH" "'0 '''I' 'I" ......., ~.:J; :0,) ,,1:II,)--(/:nl:l ~ " - "!imJ HlJI,rw "'~= "<~"', _"~. "<,_",..~,,.,, ""'__"_ ~" " _I ~ ,,?<'U/I V (/:-- \ ~ ~, - ~"''If ", ilio. -- " ~" ~_,..... ,,_1 ~~ ~ -.c....".- ,\,,,1 " ',-~ ;"" _f _J _ 1.-,,", ~J ~ . =-"'~ ~f,f MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this !'l~aYOf~dJ , 2005, by and between JANET CLOSE of LEMOYNE , CUMBERLAND COUNTY, :! ;'! Pennsylvania (hereinafter referred to as "WIFE") and RICHARD CLOSE of " , ;-,; HUMMELSTOWN, DAUPHIN COUNTY, Pennsylvania (hereinafter referred to :,'1 as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on June 1, 1974; and WHEREAS, one children was born of this marriage who is a minor child; and, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and properly rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal properly; 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, H~'~" ~~.,'~~, , 1_- II ,-,<, -L ~ 'I the settling of any and all claims and possible claims by one against the other or against their respective states, NOW, THEREFORE, in consideration of the premises and of the mutual promises, Covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1, SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2, INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to 2 ~ - UJ ~ ,-"" .-~' " . , .-', , I ~~ '"'-"~i tllll n~i~ molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the 'part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, 4, SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in CUMBERLAND COUNTY claiming that the marriage is irretrievably broken under Section 3301 (c) (No Fault - Consent) and 3301 (d) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request COUlrt ordered 3 . ~..1 ,.' I ,_. , , counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distr:ibution of property of the parties are accepted by each party as a final settleme~t for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. Sh~l:Ild a decree, judgment or order of divorce be obtained by either of the parti~~ in this or any other state, country or jurisdiction, each of the parties h~rebyconsents and agrees that this Agreement and all of its covenan~~;!!~hall not be aHected in any way by suchsePClration or divorce; and that ri:othing in any such decree, judgment, order o.r further modification or revisioll thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5, INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and 4 - -'~"""'",,,,,,,,,-~.,,,,,b,,,,r., ;; I;; i I ! t~ (,; .' j'i r:i ,:! ;:i 'c ~"'" " ~ ",- .. 'i ,I , .""'" ~" conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which is it executed by the parties if they have each executed this Agreement at 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. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall take place on the "distribution date", unless specified otherwise. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit.c1aim and forever discharge the other and the estate of each 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 the 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 courtesy, or claims in the nature of dower or 5 ~ I, ~ - ,__ ';'-"1',,, rI~"'~"'" -;,,--, LI Aill'lI!'i\#MMlM*"" courtesy or widow's or widower's rights, family exemption or similar allowance, or under the interstate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising underthe laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shQIl have for past, present or future support or maintenance,; alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other party now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, 6 - .k ~~- , ~ , .__ I .. I '" '""' ~,~~ "]Il1~i*~:! alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction, 9, ADVICE OF COUNSEL AND FULL DISCLOSURE: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; RICHARD C. RUPP, Esquire, for HUSBAND and Emily L. Hoffman, Esquire for WIFE. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Husband and wife affirm and represent that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 7 ~r._' , '''" I i' -,- '. ~'*"'- 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement, 12, DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself including, without limitation, the following debts: A, MBNA America, Acct, #426429838845509; B. CitiBank, Acct. #5424-1801-2402-5492 C. Sears CBUSA, Acct. #4801-5194-3945; D. WF Finance (Wells Fargo); E. HDMBGA/CDTCR, Acct. #603 532 010553; F. Lowes MBGA, Acct. #C822223; G. First Union Visa Account WIFE hereby indemnifies HUSBAND against and agrees to assume the 8 ~ '" . ,. -, ~ ~-< ~ iii ., 'ilIilti,,~,; sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as. provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13, PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make any claim to any such items said division of such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 9 ~ , , I , ,-"-,,,--, -n "~",,,;:: ,~, By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any tangible personal property which is listed as belonging to the respective parties, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: HUSBAND and WIFE have sold the real property located at 10 Oak Hill Drive, Etters, Pennsylvania which was deeded in the names of HUSBAND and WIFE. Previous tot his Agreement, the parties divided the net proceeds from the said sale, as follows: payment of 25% of the net proceeds from the sale of the home to WIFE and payment of 75% of the net proceeds from the sale of the home to HUSBAND. The parties waive all rights and interest in the proceeds retained by the other party, 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they have amicably distributed any joint bank accounts or certificates of deposit and that they now each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16, RETIREMENT BENEFITS: The parties will equally divide the marital portion of their respective pensions, profit sharing, savings, 10 , ~ -' , "'. " ;'- I, j, f <. ~ 'b,.i:M'llif 401 (k) plans, saving and thrift plans, annuities and/or retirement benefits, More specifically, the parties will divide the benefits as follows: A, HARSCO Pension, HUSBAND has a pension with HARSCO, HUSBAND will transfer to WIFE fifty percent of the marital portion of his HARSCO pension plus all earnings on those funds from the date of seperation, 8/1/00, to the date of the transfer to WIFE, The transfer will be effectuated by a QDRO which WIFE will be responsible to prepare. HUSBAND will sign all documents required to effectuate this transfer immediately upon WIFE's request. HUSBAND will provide to WIFE all information necessary to complete this transfer immediately upon her request, The marital portion will be determined using the date of marriage, June 1, 1974, and the date .of separation, August 1,2000. All income taxes owed on all sum or sums transferred to WIFE are the sole responsibility of WIFE. In the event that HUSBAND is taxed for any reason on all sum or sums transferred to wife and/or, through no fault of his own, on the portion transferred to WIFE, WIFE shall indemnify and reimburse HUSBAND in the amount of the tax due, B, HARSCO Savings Plan. The value of Richard J. Close's Savings Plan was approximately $160,754,08 as of September 30, 2004. HUSBAND will transfer to WIFE fifty percent of the marital portion of his HARSCO Savings Plan plus fifty percent of all earnings on those marital funds going to Wife from the date of separation to the date of the transfer to WIFE. The transfer 11 ,'= -' ',I I.. ". '. , ,~ -- "I1L-t will be effectuated by a QDRO which WIFE will be responsible to prepare. HUSBAND will sign all documents required to effectuate this transfer immediately upon WIFE's request. HUSBAND will provide to WIFE all information necessary to complete this transfer immediately upon her request. The marital portion will be determined using the date of marriage, June 1, 1974, and the date of separation, August 1, 2000. The parties intend that this distribution of Wife's marital portion of Husband's Harsco savings plan shall not cause Husband any tax consequences, There shall be a provision in the QDRO to this effect. Wife shall rollover the these funds, representing her marital portion of Husband's Harsco savings plan - calculated as stated above - into her own retirement account and therefore does not anticipate any tax ramifications, On any sum or sum~ transferred to Wife, if any taxes are owed on the transfer, through no fault of HUSBAND, WIFE shall be responsible for said taxes. In the event that HUSBAND is taxed, through no fault of his own, on the portion transferred to WIFE, WIFE shall indemnify and reimburse HUSBAND in the amount of the tax due, C, In the event that Wife has any retirement whatsoever from her employment at Kraft Foods, Husband is entitled to fifty percent of the entire value of the funds, WIFE will immediately obtain the paperwork necessary to roll over fifty percent of the funds to HUSBAND, HUSBAND is entitled to a fifty percent (50%) share of any and all Kraft Foods retirement accounts. WIFE will sign all required documents immediately upon HUSBAND's 12 '.. ~ '~ ' , -, -'~, ' 1Il:ID' '(t,\'il request. HUSBAND is responsible to prepare a QDRO if necessary and shall pay all taxes due on the transfer, if any. 17. INSURANCE: WIFE will receive a fifty percent (50%) share of the mutual portion (the amount which accrued from the date of marriage to the date of separation) of any and all cash values from insurance policies owned by Husband which insure Husband's life and which have a a cash value plus all interest accrued on the marital portion since the date of separation. HUSBAND will provide WIFE with information and release her share of said cash values, or shall pay WIFE her share of said values directly within forty five days of signing the marital settlement agreement. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties; the parties have already divided all motor vehicles to their mutual satisfaction. 19. MISCELLANEOUS ASSETS: All other assets not specifically enumerated herein shall remain the sole and exclusive property of the party currently in possession of same, 20. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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 we unmarried. 13 -;-~ - ,; <.L..'. ~ ~'t~ 21. COUNSEL FEES: Neither party shall pay the other party any sum as paymenttowal'd each party's counsel fees incurred in the preparation of this Agreement orir this overall Divorce matter or in the pursuit of a final Decree in Divorce; 22, APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree a;nd express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit I ReductiOn Act of 1984 (hereinafter the "Act"), specifically, the provisions of said ActpertQiriing to the transfers of property between spouses and former spouses. The p~rties agree to sign and cause to be fil'ed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the trc!Osfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 23. WAIVER OF MARITAL CLAIMS: Except as otherwise provided herein, HUSBAND and WI.FE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present, and future. The parties release and discharge the othel' absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony pendente lite or for any provisions for support or maintenance, The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal 14 "" .., -" " , ~, I",,-cd_ " , ";;-;-~i support, counsel fees and court cost. 24, EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, the 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. 25. BREACH: If either party fails to abide by this Agreement within thirty days of notice. of breach or failure to abide, the other party shall have the right, at his or her election to sue for damages for such breach or failure to abide 01' seek such other remedies or relief as may be available to him or her, and the party breaching or failing to abide this contract shall be responsible legal fees and cost incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS ,TO MAINTENANCE: Except as herein otherwise provided, each party may dispose of his or her property in anyway, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver 15 ,- "-~ "' ,-I I; ;__"' '. > -\dI9~jjjj,;>;" and relinquishment of all such interest, rights and claims. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 28, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory 16 ,'; -~ - 'c < '" I ~i" >C' '.,' , ' ",'",', ~ and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code, Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an CIIsset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 30. 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. 31, ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver 17 ~ , . ,d.. " J L ,~'" _~ -. ']J to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 32. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 34, MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature, 18 oj; ."i ,C l,~ i d,^' ~" )i, 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under tHBWS of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written, (SEAL) ~~ ~ ~ (' im.!. ,(SEAL) ANET CLOSE, WIFE WITNESS 19 .'" ~ " ~~ ~~I 'j ._ o_,.~ , JANET CLOSE ibV;W""vwr~ Plaintiff ~~'I/~ RICHARD CLOSE DATE: ~/U'IDY' --- -- ~/o J1~.I1--- '0 J z...(lbID Y i ! / ~> 06 ?- "I .' 0'0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 01 - 1925 NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET ACTIVITIES: .""~\<...<,, e '4 4-~~.J.r .,,~~~ ~ <t.H~~~' q::w~, IJ&~~"44U7<t..1 ~~&.. '( ,~~~ ~ 1'. t'</j ,I ./"" ,f'h,ii Ii,.. (' !\r '.A !~ 1\/1 . n:-'V'~~\l '~~?lA,' in'", v f ,)" 'J? /"\,1( "'!' !i;.! (t "'Ill I v v,' I < I' ~/t7 /06 (l~'\'\h\rW-J ~l ~~\0 6,?/,{jJ ~~~{'f~\~~~~\Wvi UC ~~~~~~L '7/.---1 ~~~.~~~ (1'\ 6\ C{tlMJ~1viM c.{(ltlo'1; cJ~ ~7.AAA ~~~ "--~(J . " " ,,'- -"I '. ..,j; ~"~- "" - ',,,-i..-~ ij c JANET CLOSE, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1925 CIVIL RICHARD CLOSE, Defendant IN DIVORCE TO: Emily Long Hoffman , Attorney for Plaintiff Richard Close Defendant DATE: Tuesday, October 1, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,~ --.~ h cI --_ ,- ~ ~_ ',,", ','-' ' ,,-z ,. --"', ~i:" I ""{i . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTEDr CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ."-' >', > 0" c " ,'". "~~'-,,,I, ". i-c_' , , j.",,"c:_,'( ,'- , I -'~; JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1925 CIVIL RICHARD CLOSE, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Emily Long Hoffman Janet Close , Counsel for Plaintiff , Plaintiff Richard C. Rupp Richard Close , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Streetr Carlisle, Pennsylvania, on the 10th day of December 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 10/22/04 E. Robert Elicker, II Divorce Master ;;J",I .'".,.' " , ;",'",,,,,,,, "',~ JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1925 CIVIL RICHARD CLOSE, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Emily Long Hoffman Janet Close Counsel for Plaintiff Plaintiff Richard C. Rupp Richard Close Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Masterr 9 North Hanover Street, Carlisle, Pennsylvaniar on the 22nd day of October 2004, at 9:00 a.m.r with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: August 12, 2004 E. Robert Elicker, II Divorce Master *Counsel are directed to file a pretrial statement in accordance with P.R.C.P. 1920.33(b) one week prior to the conference that is scheduled. ,--~ , -," '" "",",. _' '-',,--," ,,~-C2- ~ ',' k,';jl ~ ",~_,,) '. :>-"""i".'c.k'-_-~;;.,>;.'~__: ." -"" - ~'O:\(~J EMILY LONG HOFFMAN ATTORNEY AT LAw 255 MARKET STREET M1LLERSBURG, PA 17061 (717) 692.4244 105 NORTH FRONT STREET p, 0, Box 11475 HARRISBURG, PENNSYLVANIA 17108-1475 August 10, 2004 Robert Elicker, Esquire 13 N. Hanover Street Carlisle PA 17013 Re: Close v. Close Dear Mr. El i cker.: (717) 233.1112 FAX (717) 234-2234 Earlier in the year we attended a pre-trial conference with you in the above-referenced matter. At that time we thought we would be able to resolve the marital issues by agreement. We no longer believe this to be the case. Thus, we respectfully request a date and time for a hearing. Thank you for your assistance. cc: Richard E. Rupp, Esquire ", , , , ,.- .. , , , d......G:J -'jJ , ;' , , '"" ;";;";';,.'-, .' '",':_1 , -, JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1925 CIVIL RICHARD CLOSEr Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Emily Long Hoffman Janet Close , Counsel for Plaintiff , Plaintiff Richard C. Rupp Richard Close , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvaniar on the 23rd day of April 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: March 26, 2004 E. Robert Elicker, II Divorce Master , , I ,i,_,"~. -,- , , -;;"~ , , ,,".' , -'I' JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1925 CIVIL RICHARD CLOSE, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Emily Long Hoffman , Attorney for Plaintiff Richard Close Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvaniar on the 26th day of March 2004, at 9:30 a.m., at which time we will define issues, identify witnessesr explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/27/04 E. Robert Elicker, II Divorce Master .. " ," " '1- ,I" ~ - ~ ~ ,,"" ", '" c,,' ~~l#i .t \b/'1/~ JANET CLOSE, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1925 CIVIL RICHARD CLOSE, Defendant IN DIVORCE TO: Emily Long Hoffman , Attorney for Plaintiff Richard Close , Defendant DATE: ~~ctober 1, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. n\r. C-LDSC-- k,,-\ _ 1'"",;".0, ~J./<>r rc.+c""-""-uJ fL"-"S -I-t.-""'"ik h,:s ~ A' -r ~...- r L'" '"f-<.MJ. 'V'f '" <U..A- ~"y &-- \>.v<-"",,'h~\"- "'b -~~<- <<.\1.,;t1. . "f >T".,-e.,y,.""",-ts r-c..\<.J-,.J.,~.___ O-~~~J~S. y.l.e- &-> "0\ ~A-""" C"f"'S Lo -. """ ''-''''l'~<--..J-'k.....:t- i~fd""'-.j,'",.) Or ~~ 1-1 <-l.i...... {V\,,1hF cl",,~,..s ,0-"'-" O "'-_ LI~ 1-10.J~ \:k. +. f~ \AWrDj<..:h.rr<"S W'C- wZl( .1", '0, +- CuHS-<- ,n:] ;::;]1 ~ kj.Jt {;"j a..:t (L ""~";""'''.-y, So f;I\."-~ is 1lc A'-l~1 K(~ f-Y\.. "'i' S ()JI or J,..r 'l v'y '''t" v-."'^ ~ +> (' N I> rr cL ~.of G<f'\~ L 0)) ~ Q..Ssc\s --t!...-"" ~'I(., 0..... G)0~O y-f 00-.lL ,,,,-+--ft" <.Jl- . , ,- " .. y~ 6r " ,:, ',', k '~" , ;; ,,~- .,. .- f~~_ "';:;',.,.,,'--' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. \)\)l"'~ \S C"'''''f I<.-+<- C LL\N'W \( ~ +..r ~. \)~lt: \.~ -tL.. {Y\o.....-t.J ck!,"""J d",-K 'b 1f1,,^-<d-'iJVJ ro*,~ ~, Itl~ tS-~()3 DATE ~..cvl~ / (V) ( ) COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ,- --, ".1.; 1-0. " ,^,' "'="'M_1b&<>,j JANET CLOSE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. RICHARD CLOSE : NO. 01 - 1925 : IN DIVORCE RESCHEDULED HEARING ORDER AND NOTICE SETTING HEARING TO: Janet Close Emily Long Hoffman , Plaintiff , Counsel for Plaintiff Richard Close Richard C. Rupp , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 3rd day of MHY , 2005 at 9.00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, /A _ "...n / /.f j / / i' . "!-\>1 / i/I Geor~e fHoffer, President Ju ge Date of Order and Notice: 2/l/05 By: Divorce Master 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 " " ,,-,"-~-, -I""" .c .-.'.'i'." ,,',I /- ~ ,,;, -- __ 0_ " JANET CLOSE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. RICHARD CLOSE : NO. 01 - 1925 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Janet Close Emily Long Hoffman , Plaintiff , Counsel for Plaintiff Richard Close Richard C. Rupp , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office ofthe Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 5th day of April 2005 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. George E. Hoffer, President Judge Date of Order and Notice: 1/1/05 By: Divorce Master 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 . ~ .. ~'"'~ ~.'-; ~ .,.. . .,"" ,., . -~'-- .. . .. " ._-. 1 .. c .. . "~ .;--;-"-,-:):.,,,,_. ~', ;-~;.;1 EMU. y LONG HOFFMAN ATTORNEY AT LAW 255 MARKET STREET MIL.LERSaURG, PA 17061 (717) 692-4244 105 NORTH FRONT STREET P. O. Box 11475 HARRISBURG, PENNSYLVANIA 17108-1475 (717)233-(112 FAX (717) 234-2234 December 17, 2004 Robert Elicker, Esquire 13 North Hanover Street Carlisle, Pa 17013 Re: Close v. Close No. 01 - 1925 Dear Attorney Elicker: I would greatly appreciate if you would schedule a hearing in the above-matter as soon as you are able. I would also appreciate if you would direct Defendant to file his pre-trial statement, inventory and income and expense statement. As you may recall we had a pre-trial conference around April of2004 and two settlement conferences since that time. Thank you for your consideration ofthis matter. cc: Richard Rupp, Esquire Janet Close ~j ~U'~ ~"'"" ~ , ~... ~~ " - .". -......."".-~ ,~~1~ , ._,Lo~J , ~~' ~ ~ . -1iI:lIli]dj """"~.~~-" ;1',;" ... ;; JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS IJv I) J 17 D I kf ~ CUMBERLAND COUNTY, "/ I Y'( { i't' PENNSYLVANIA v. NO. 01-1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF's PRE-TRIAL STATEMENT 1. List of Assets: a. Proceeds from sale of marital home Husband received 75% Wife received 25% b. Husband's retirement plan c. Husband's pension plan 2. Expert witnesses: None We reserve the right to call additional experts 3. Witnesses: Janet Close We reserve the right to call additional witnesses 4. Exhibits: a. Income tax returns b. Statements regarding accounts c. Pay stubs d. Documents pertaining to sale of home Plaintiff reserves the right to provide additional exhibits 5. Plaintiff's Gross income: reflected in Income and Expense Statement 6. Plaintiff's expenses: Please see Income and Expense statement 7. Value of Retirement Benefits: Unknown 8. Fees: no claim for counsel fees at this time ~, ,~ ", -'~ 'J - ... , 9. No unresolved issues are known other than our attempts to settle this matter. 10. Marital Debts: VISA in both names. Date of Separation Value: $2,000; current value: $18,000 husband incurred post separation debt 11. Proposed resolution: Husband will pay off VISA card and close account. Husband will compensate Wife with her fair share of the proceeds from the marital home. Wife will receive her fair share of Husband's pension and retirement accounts. Respectfully submitted, ~~+- E1llily Long offinan, EsqUIre Sup. Ct. ill # 66307 105 North Front Street Harrisburg, P A 17l 08 (717)233-1112 Attorney for Plaintiff Date: 3/25/2004 W.12sL -. ~. rt ( . '~ki Ii, '~~'. ." ;/. i " -.,... e.~ "' -"~~ ~...., - ~, "c!J; Emily Long Hoffman Attorney at Law 105 North Front Street P.O. Box] ]475 Harrisburg, PA 17108-1475 255 N. Markel Street Millersburg,PA 17061 (717) 692-4244 Harrisburg: (717) 233-11 J2 Fax: (717) 234-2234 October 15, 2003 Robert Elicker, Esquire 13 North Hanover Street Carlisle, Pa 17013 Re: Close v. Close No. 01 - 1925 Dear Attorney Elicker: Enclosed please find our Certification of Discovery. Sinc~r.ely yours, E~~ Enclosure cc: Janet Close Richard Close - ." .-~~,- . ..~ '- ~ , .1 ,I ~-"""',,_\;i ~ ~ .. .I JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. - 01-1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER 7"l AND NOW, this Ie; Day of _~ ,2003, e~. PA~ Esquire, is appointed master with respect to the following claims: Equitable Distribution. BY THE COURT: ~ifui.t!>M:~It'tllrlhi!;!&l,:h'!.":.bF."~l",j;;.~,,-Mt..~~~irl;z-,,,.'L;'C '''',v^"''':cl",,->,.,j';';'''e:i~.,;f\i,,,;ruf1l ,~ ~~, .-"f!IIII!Iiiltllil1i'[( ^- ~IM~ "-,~,J,;",*,, ", "'~, ,~l JlJn"."",.,..-",J~""",,,,~., ~~7:"<:"~; ,-. -,' )j!l!__):.".J:t>'_"f_,",.<"'~cj~~{__,",. "iT .S <. 'ij'!f\J\,:f',:lAS[\jN3d "t':('iV .., '''''.''-''''In,,> 1\,:", '" -, _.... '-'--"~i~' \ I ;'.J r">t" -r,r 'J ~J . r -'! (." ,._~_.._.......,....-....-,I. m.~~~~f~'''''';lillli1.tiil _~ ,'" ., _ c.~.~ "'~ . ., J ~~ ",",,', ~~"'~,", ',~., ._',[,,~J ,~~ .. ~ ,. ~ "~ ,~,,, .. "".',,-< JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. - 01-1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR ApPOINTMENT OF MASTER Janet Close (x )Plaintiff () Defendant, moves the court to appoint a master with respect to the following claims: ( X ) Divorce ( )Annulment ( ) Alimony ( ) Alimony Pendente Lite (X )Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant ( ) has (x) has not appeared in the action () personally () by attorney, 3. The statutory grounds(s) for divorce (is) 3301 (d) 4. Check the applicable paragraph(s) by check mark: () The action is not conlested. () An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the following claims: Equitable Distribution ., 5. The action ( ) involves (X) does not involve complex issues of law or fact. 6. The hearing is expected to take 3 (hours) (days). 7. Additional information, if any, relevant to the motion: none at this time Date: ot- Il -01 . t4~~ Emily Long H ffman, Attorney for Plaintiff Sup Ct. ID 66307 ' 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108 717-233-1112 .. ~,L i....... . . '" .. CERTIFICATE OF SERVICE I hereby certity that a true and correct copy of the attached document was served on the person below on this day by depositing into U. S. Mail at Harrisburg, Pennsylvania, first-class postage prepaid on this day addressed as follows: Richard C. Rupp, Esquire 355 N. 21't Street Camp Hill, P A 17011 Richard Close 231 Market St. 2nd Floor New Cumberland, PA 17070 By: Respectfully submitted, ~~I~ Emily Long Hoffman, Esquire Sup. Ct. ill # 66307, 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Attorney for Plaintiff Date: September 17, 2003 - '-'--.'.. '-- """"-'iJ' ,? ~'rilri:r-~-~'~'j,j~_~lJru'~~~~~~!~~ki~'" ;';"'"~,"U"k~-rt,il'l<-'C"i)'.'lHll'-l J""1Ii(B_'""""'-M.WliltilliljfJl!i!;j!~~'jf'ilM.ii!ll.lljl"i;;~_!iM'tIILd~ ~ :,"H,",<,"'"'''=~''~''''~, "~_, .- _",,,,~,,,,.,-,,,","~,,,,,,-,_ ""',..,-,, , "..", ,oF..\'-_ ,;',,,"-,' "f'.+.,,,",".."" _~~~ ,.". ~ ,_ _1"_ V_.', ,. ,7_,..'1 - Mlj . - .. ~ 0 {=' Ci C '"'...' ;:,;: -n U? SQ G.; ,"Y~ s- -,J / (0 ~_.C ;::.~ .- () 3; - r, - .'1'] .;;~ C' c'S > c D) ,'II :::.:: ~8 =~ .- =0 h) -< _~ ~_- _" ,,"r>yr'p<~',~~ ~'l '. '," ;', ~- -,<. ..,' -, ~~o""'_~ " ~__ '" ~,,~ ~,~ .. ~ ..~ ~~,~..._ ,Y'.'- . ,I I ~'r., ii',:, Ifj}flof( JANET CLOSE , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 01 - I925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF PLAINTIFF. JANET CLOSE Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ""3- 2..",-d-\ ~.~ T CLOSE ~ ~, ~,~, ~~ '<~'~'M ~,~.. L ~, .'~~itl1;"1 ~ "~l'r'!iQli'~ _~,,;,,; . ASSETS OF PARTIES (x ) 1. Real property (x ) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (x ) 18. Pension plans (indicate employee contribution and date plan vests) (x ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and umnatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (x ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty ( ) 26. Other . 1"_ ~L 'i l..,..,j 1.- "" '~'_f,,,,,;..d;!;._~i MARITAL PROPERTY List all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Propertv Names of All Owners 1 Proceeds from marital home Wife received 25% Husband received 75% 18 Pension H 19 401(k) retirement plans H . I '" ~~'" I~ 1lIH1liI~"i: NON-MARITAL PROPERTY List all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 2 1999 V olkswagon Cabriolet purchased after separation ~~. -.,. ~ ~~." ~" 1- LIABILITIES Item Number Creditor Debtor DOS value Current Value 24 VISA H & W $2,000 Wife has not used the card since separation 24 Discover W $18,000 $ 2,000 I' ! ,. Pavor ? ~ ,- ~llft U~,i~ F'l~ l.- ",?,. , . l . I -, "" - ~'m~:IMI!!ilIli~j~- . '" , JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, 1/(1i/JI01J/f... PENNSYLVANIA I' vy 7 r v. NO. 01-1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE OF PLAINTIFF. JANET CLOSE Plaintiff files the following Income and Expense Statement. Plaintiff verifies that the statements made in this Income and Expense Statement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~t; C1.~ et Close g - J.. (,--0'-\ l" I~--=' -- i I. - ~~' ~- ""~ ~"'; I> ~ 3/26/04 INCOME AND EXPENSE STATEMENT OF JANET CLOSE INCOME Employer: Zia's Restaurant Address Second Street. Harrisburg, P A Type of Work: Waitress Payroll Number: Pay Period (weekly, biweekly, etc.): Bi-weeeklv Gross Pay per Pay Period: $ 650.00 2002 W - 2 approx. $16,000 Itemized Payroll Deductions: Federal Withholding $ FICA $ Local Wage Tax $ State Income Tax $ Unemployment $ Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other - Term Pass $ Net Pay per Pay Period: $ Week Month Year: (Fill in Appropriate Column) Other Income: N/ A Interest - Individual $ Joint Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Workmen's Compo $ $ Total $ $ $ TOTAL MONTHLY NET INCOME $ - 2 - " -~I"""""i '''''''-\>-~ ...... "~. .~.~~l, " . # EXPENSES Week Month Year Home Rent 650.00 Utilities Electric 30.00 Telephone 40.00 Lunch 22.00 Taxes Personal 225.00 Insurance Automobile 50.00 Health 30.00 (daughter will need coverage in Nov.) Automobile Fuel 120.00 Repairs 166.00 Medical Doctor/Dentist 41.00 Prescriptions 70.00 Braces 40.00 Education Religious 10.00 Personal Clothing 75.00 Groceries 250.00 Credit pmts/loans 200.00 Miscellaneous Household help and child care 150.00 Entertaimnent 100.00 Gifts/Charitable Contributions 40.00 Legal fees Allowance for child 20.00 TOTAL EXPENSES $ $ 1.979 $ 908821 - 3 - --- "" _-C_ ~'lIIII:Wf ~-"'~"si!flm+';: -,~ ''''-.. ..o:"t '......'-- ~" ~ JANET CLOSE, Plaintiff RICHARD CLOSE, Defendant To the Prothonotary: "' _',"J......J- ..~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1925 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the divorce complaint in the above-captioned matter. Date: '1-;;2.;;1_03 Re~ctfullY submitted, . . ~\'r-{ Enu y 0 Hoffman Sup Ct ill # 66307 105 N. Front St. P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-ll12 Attorney for Plaintiff ""-" [~ilbi,*~_ " ,,' ,"I.,~ OJ ~ilI~_lI\'*:;W',jF~i~~~~-4JZ;)iJ"'-i~-,~;1~'f1]fiJVf,9?*,'-;ifi~','~;,-)'i"'!;~,,'" ","~~!id;:b'_""i.i::'.:!~~,;.-;''i:.(4(lt,f~'lif~''I~i6il(jjajs~iHlllflIf8;!irnW)ft~~<l.: J'.m.~~~~~~\llW.4~~~~.:i!J~!P" llB~iW, ti IJ~~'; ill:': ~~;" en -.,.- C~~ )> " :::; 'n ~-,' ----I -'" (,,: ~ ,".~ . - . - - -~.,.- ,,,-,,, ,,~ '~'".~,c ...,~ ' ,. ' "" ~ ,',','A'. ',,"'^',~", . ._~,~__ no. '" _ ,-_' ~ _L _ , _ _ -.:: 0 , ' ,; ~-.: ,. "',:":"""-"~~,,,,,#-,_,i< '.'~'" , ,~-- """';"';:;;;"1 lr ,. JANET CLOSE Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 01 - 1925 CIVIL . . RICHARD CLOSE . . Defendant : IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned Civil Action - on behalf of Defendant, Richard Close. Richard C. Rupp, Es u re Attorney ID: 34832 355 N. 21 Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Dote: August 17,2004 ,," "' H""~'''' __'" -_ ,- _C_ ,,^' "0;.- ';'" ,'___.;, C", ,-I ,-"~ "-__,('(i-';-,"j,.;",-,_~, C,, "'I', ~;;i ... - CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, hereby certify that I served the foregoing Entry of Appearance, by first class mail, postage prepaid, to the following individual at the addresses below on the date below: Emily Long HoHman, Esquire P. O. Box 11475 Harrisburg, PA 17108-1475 RICHARD C. RUPP, SQUIRE. DATE: August 17,2004 - 2 - ~'" ~'" .. ~~~i~:>b~"\C ;'J;,f -C~(-', ''''''''. '.z,~~ ,'~ . .,4 :,'< "'0 . '" "" ~"",.. . , I 0 , ~ ... \~ .. ".1 ~ 0 .~, .~ "~',,~'~' 'o~_ ~ ,_ ,~"" '~'-~'" ~" "' ',hc;,,_,,~ ~_~ ~"q - 0 '" t:;:;:l C) C:. 0-'" ~"i 'j $~ I ' ~~ ---j I I r::::: -r G-" nl f!J , -0 fT1 CO :.uO ~:~} ~~~ I ''', Cl 9(-';j 'J "-- (c"m S :::':'( :::;J Ul ~'L1 -, c.u -<'" ,-~' "'0 ,""'=~ ';,j .~ ..I ., :~ " ,,~ .- - "~. """'_" " _ ~,L L -I J ' ....:,~";} .. .. JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Ol-I q).,S RICHARD CLOSE, Defendant CIVIL ACTION - LAW 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. 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, LA WYERcS 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 HA VB 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 " 1 ""_ .1M.d~' m l...Jj.~J ui?Jl1 j'. "'l<ll!ll.r~"\' . .. Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de lag fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abagado y archival en la corte en forma excrita sus defensas 0 sus objecciones alas demandas en contra de su persona. Sea avisado que si ustted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCURENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 ~' Tin.J .""-~ -..-" " -"'" . " ~ 'I~ .~.. '" :" "-~ ,~:.,.z;_ . .. JANET CLOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 l- l ctl..-S' CIVIL ACTION - LAW IN DIVORCE RICHARD CLOSE, Defendant AMENDED COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Janet Close, who has resided at 541 Herman Drive, Lemoyne, Cumberland County, since August 2000. 2. Defendant is Richard Close, who has resided at 231 Market Street, 2nd Floor, New Cumberland, Pennsylvania for approximately one year. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 1,1974. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. ~~ ~_.." 'J~ "" 9. There is one minor child born of the marriage to wit AdeleMaye Close, age 9 years. 10. The Plaintiff avers that the marriage is irretrievably broken. II. The parties have been separated for more than two years. COUNT II Request for Equitable Distribution of Marital Property Under 23 Pa.C.S. 3104(a)(I) and 3501 of the Divorce Code 13. Plaintiff requests the Court to equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct in such a proportion as the Court deems just after cOJ1~ideration of all relevant factors. WHEREFORE, Plaintiff recjtiests.'this Honorable Court enter a decree of divorce and to equitably divide the marital preperty: By: Date ~ n ~()'J EMILY LON HOFFMAN, ESQUIRE Sup. Ct. J.D. # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 ~ ' . ~'''':},,~; ">s \ ~.! _rri>;!WM_j~~lf&ii.';'~m-i!'~iiiW1',i~~i@~f,;1Nillii<>A""'1",;.l<' c.;";,__~""~,,.~~,,,~, """Oi+;,!i;,",'i:;';f~;&i.'~~ "'Mli" ,- 'if ilaml 'Ifr~ '_'J~~'>. ,~' 1-- ... ^i f:) 1J 0 , ,~...., C :::'i~ D s~ ~",., Qjt~~'--: ',1 ..- ..... () 8 -c;; .c.-,.^' ~ :?:::L - Ul t..:.) -..0 ;t! -<:'" ..t f~'l ~ ~::;. .--- ~; ~.:~ ~~..,; .....ft :~ -:J '.. f'" ~ . .~_.. - ,,,.~ ~~ --~ - ",~~~~" "r]~~~' ' . , -"-\1 I I ,I , 1 j I " II I I I I I I I I I I I I I RUPP AND MEIKLE LAW OFFICES HERBERT G. RUPP, JR. RICHARD C. RUPP ANN MEIKLE ERIKSSON (1954-82) A PROFESSIONAL CORPORATION 355 NORTH 21ST STREET, SUITE 20~ CAMP HILL, PA 17011 (717) 761-3469 E-MAIL: RUPPLAWl@AOL.COM July 1, 2005 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: JANET CLOSE v. RICHARD CLOSE CIVIL ACTION -LAW IN DIVORCE No. 01-1925 To the Prothonotary, Cumberland County: MAILING ADDRESS P.O. BOX 395 CAMP HILL, PA 17001-0895 TELEFAX: (717) 730-0214 Please file of record the enclosed original CONSENT and WAIVER of Richard Close in the above referenced divorce action. Please return the enclosed copy to me in the enclosed stamped and self-addressed envelope. RCR/egs Encl:2 cc: Robert Elicker, Esquire Divorce Master Emily Hoffman, Esquire Attorney for Janet Close l ~ Ri hard C. Rupp A orneys for Richard Close , ,I ,j . 'v -- - ,,-' ~", '':,;, 'I, .- 'I-', ,j ',' ", '. -~' :,' "" :-,:.' -', ,-,'-' "'~ '~, LAW OFFICES RUPP AND MEIKLE HERBERT G. RUPP, JR. RICHARD C. RUPP A PROFESSIONAL CORPORATION 355 NORTH 21ST STREET, SUITE 20' CAMP HILL, PA 17011 (717) 761.3459 E-MAIL: RUPPLAW1@AOL.COM MAILING ADDRESS P.O. BOX 395 CAMP HILL, PA 17001-0396 ANN MEIKLE ERIKSSON (1964-82) July 1,2005 TELEFAX: (717) 730-0214 Robert E. Elicker II Divorce Master Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: JANET CLOSE v. RICHARD CLOSE CIVIL ACTION - LAW IN DIVORCE No. 01-1925 Dear Divorce Master: The parties, Janet Close and Richard Close have reached a settlement in the above referenced divorce action. Please find enclosed one original Marital Settlement Agreement executed by both parties which we are filing of record with your office and which the parties intend to be incorporated into their divorce decree. Sincer L Ri . Rupp At orneys for Richard Close ~ RCR/egs Encl: 1 cc: Emily Hoffman, Esquire ( w ; -l-t1 "'''-I .e."1 ~ I oS \Jre) Attorney for Janet Close ~" ~~ Jo ; L 'f '~ ...... &.. "'Je';;!i Emily Long Hoffman, Esquire Attorney J.D. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Attorney for Plaintiff JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01 - 1925 , RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330I(c) of the Divorce Code was filed 4{JR' '-- 2.., ~oo i. 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 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. Section 4904 relating to unsworn falsification to authorities. Date: /;2- (0 - 0'/ 85510 I ~~~_~otll>'400~",""~li!j-~iclt","!!lffJ~li,"i;~t.>!li,_"'!;,i'''''''''-E~Ja''<l,tM\;~~t.otiil!l.d;_' ~,,'" S2 \...1,"" o .::r. - ,--J 'L..~ o ~i ~J ."~~""'~ ," ~,,~.~~,.".. =_~_'''''_ ., 'e _,,,",,,, ~i"'lIIl_ ~~..;, ",_J ,,~< .~~~ ,., r'~_."- ,_ - ,-I _"L',~", ~ .- ." .~~ ~ " .". I =-, ' ~,~'" Emily Long Hoffman, Esquire Attorney LD. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Attorney for Plaintiff JANET CLOSE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01 - 1925 RICHARD CLOSE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 12-- jC - () 'I ~:t:~ . ANET CLOSE "'hl\li\lfiOill;lill~~kj~M'fili."'-41~&lj~lMJWlrt::k"J.tK;r,lr'H"!@;~)'j"~,~"~!'\::i;;fulilJ!i~" _,i-,...~" iIIlIl :'i1f iV ,,-: s:{ v Lzi~~~" ~~:~ '\-.\;~ 'fl""'" 6'6- \,,1..\1:.1- ^~~~t.! U--';J:- ,..-- U'- o QS crl \.n .' C;".::'J .-- ." .~." -- (-") :.~ c~ ~ "'" c-' ...--" t-12.{1 ,- ~,'" -~~, .~ ,~"~" ~~~, .~-- ~Mii'L 11*]" ~-~ . N ~A .. ~v o " - '- ",-~ . ." I . c ~' .~-'-,--' ~ Oc~ 18 06 01:09p ~ p.1 Emily long Hoffman, Esquire Attorney 1.0. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108 NOV 012006 J4f Attorney for Plaintiff JANET CLOSE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1925 CIVIL ACTION - LAW IN DIVORCE RICHARD CLOSE, Defendant Model For A Proposed Qualified Domestic Relations Order (QDRO) (Defined Benefit Plans Without Individual Accounts) THE COURT FINDS AND IT IS HEREBY ORDERED AS FOllOWS: A. A Divorce Decree was made and entered on November 8, 2005, in Cumberland County, Pennsylvania. . B. The purpose of this order is to assign to Plaintiff Janet Close ("Alternate Payee") pursuant to Internal Revenue Code Section 414(p) benefits of Defendant Richard Close ("Participanf') In an employs.e benefit plan identified as follows: Harseo Employees Pension Plan This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer- sponsored defined benefit pension plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the Code and Section 206(d)(3) of ERISA and the Retirement Equity Act of 1984, P,l. 98-397. C. Required information: 1. The last known mailing address of the Participant is: 7965 Somerset Street, Hummelstown, Pennsylvania 17036; the social security number of participant is 180-40-7629; the date of birth of Participant is November 13, 1950. 2. The mailing address of the Alternate Payee is: Janet Close, 1025 Walnut Street, 1st Floor, Lemoyne, PA 17043; the social security number of Alternate Payee is: 175-46-4521, the date of birth of Alternate Payee is: March 27,1954. 3. MARRIAGE AGREEMENT TERMINATION DATE: August 1, 2000. MARRIAGE DATE: June 1. 1974. DCSIMOOEL_QDR01 Oct. 18 OS 01: OSp ~ I _~ - ~''', ,.. p.2 4. MARITAL PORTION: means an amount equal to the product of (A) tM Participant's accrued benefit under the Plan on the Marriage Aweer:nent Termination Date multiplied by (B) a fraction, the numerator of which IS the number of years of marriage during which Plan benefits were accrued by the .Employee J:!rio~ to the Marriage Agreement Termination Date an~ the d~nomlnator of which IS the total number of years of service worked dUring which Plan benefits were accrued by the Participant prior to the Marriage Agreement Termination Date. 5. BENEFITS DUE ALTERNATE PAYEE: Subject to the provisions of the Plan and the terms of this Order, Alternate Payee is hereby awarded fifty percent (50%) of the Marital Portion of the benefits payable to the Participant under the Plan. The Alternate Payee may elect to commence her share of the benefits under the Plan at any time on or after the date of Participant attains the "earliest retirement age" as defined by Section 414(p) of the I nternal Revenue Code, but must commence benefits no later than the date the Participant actually retires, Also, In the event the Participant's benefits become payable at an earlier time under the Plan's Disability Retirement provisions, if any, the Alternate Payee may elect to commence her share of the benefits at such earlier time. Should any early commencement reduction be necessary in the event that the Alternate Payee commence her benefits prior to the Participant's Normal Retirement Age, then such reduction shall be applied to the Alternate Payee's benefits in accordance with applicable Plan provisions. 6. FORM OF PAYMENT TO ALTERNATE PAYEE: Payment to the Alternate Payee shall be made in such form as Alternate Payee may elect from among the forms of benefit available under the Plan for the payment of the Participant's benefits, provided that: a. Such form shall be the actuarial equivalent of the A1temate Payee's interest in the Participant's accrued benefit, and b. The Alternate Payee's interest shall not be distributed in the form of a joint and survivor annuity with Alternate Payee's spouse, and c. The Alternate Payee's election to begin receiving payment, and election of the form of payment, shall be made in accordance with procedures approved by the Plan Administrator. d, The benefits paid to the Alternate Payee shall be paid to her for her own separate, independent lifetime, and upon her death, shall be paid in accordance with the benefit option elected by the Alternate Payee. As a result, should the Participant predecease the Alternate Payee after the Alternate Payee's benefit commencement date, his death shall not affect the Alternate Payee's right to continue benefits. 7. PRE-RETIREMENT DEATH BENEFITS: In the event the . Participant predeceases the Alternate Payee, and neither the Participant nor the Alternate Payee has commenced benefits under the Plan, such Alternate Payee shall be designated as a surviving spouse of the Participant for purposes of establishing the Alternate Payee's entitlement to receipt of a portion of any monthly preretirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefits, the Alternate DCS/MODe-o.._CDR01 Wl''1I . . . . ;-L '"~ '. n",j', ;; -- - ~. --1- p.3 Payee and the Participant have satisfied the one (1 )-year marriage requirement as enumerated in Sections 401 (a)(11) and ,t 17(d) of the Code and as may be required under the provisions of the Plan. . . This designation applies only to the Alternate Payee's iJ;lterestin the marital property component of the Participant's accrued benefit. The Alternate Payee shall be treated as a surviving spouse of such Participant for purposes of any preretirement surviving spouse benefits that are attributable to the Marital Portion of the Participant's benefit. and any subsequent spouse of the Participant shall not be treated as a spouse ofthe . Participant for such purposes. However, an eligible subsequent .spouse of the Participant, if any. may receive the remainder of any prerBtirement survivor annuity b~nefits that are attributable to the nonmarital portion of the Participant's ascrued benefit. 8. DEATH OF ALTERNATE PAYEE: If Alternate Payee . predeceases Participant prior to the commencement of her benefits. the Alternate Palee's portion of Participant's benefits, as stipulateCl herein, shall revert to the Participant. Should the Alternate Payee predecease the Participant after her benefit commencement date; then such remaining benefits, if any. will be paid in accordance with the form of benefit elected by such Alternate Payee. 9, SAVINGS CLAUSE; This Order is not intended, and shall not be construed is such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; . (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; (e) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order that was previously deemed to be a QDRO; or (d) to make any payment or take allY action which is inconsistent with any federal or state law, rule. regu.lation or applicable judicial decision. . 10. CONTINUED QUALIFIED STATUS OF ORDER: It is the intention of the parties that this QDRO continue to q~alify ~..QQ.,RO under Se.::tion 414(p) of the Intern~l.Revenue Code. a",5 jet rT1.aY--,...tr€. e, a"m, endetl1rom tin;1e to time, and that the Plan Administrator shaJl rese!'Ve' e nght to reconfiJrn the . qualified status of the Order at the time benefit:;> b come ~~Ie eunder. .'....,- .,.- .'/ Judge CONSENTED TO; tpji( /dfJ Ott, /tJ/;{lZOO ~ DAT :JCS!MODEL_ QOR01 ! ~ ,~-- TIlUE, Cl'\ltv n~M R.ECORD. . In Testimor;y \ " \ .,'. . '.t~ set my ~ a he seal c' rt'r"Jle, Pa.. . ~ ....o..~. ~.lO.........., . . 1 1 :1 'i t , I ..,,~ .>' ~i'i ',,' ." ~...._*<< I I I I I I t ',f ~' ~ .~', J I I'" Ilk ... - - . t - - --: - - . == - :::: . - r- () el) 1'" ...., I') ;ctfl Clf I"';,; -M;o,j -+- 9CoLl . -'(1' ~'1-~^H U . ~ ~~~'?1/i; ~31/01 ~ vp(fi,~ ~~ ~~~~\i\ l1o~~~)~a ~~(}I +\'~V1))~~ ~:;;;J-;''''--;::;4't~t:3clh,~1;~1S''5lttf:fu<;;';:4?:;;Kt~:ti:'0~ft~~~;::ij:tf~;;"S\;~a .. Gl .. '" Ul ~ 1\1 0 ::E ~ .IDea U 0>.- ..~c oU5~ .! ID >. ...>'" woC ...cC 0",0> :ce.. Gl.<::ol Ut- .- O.~ "'z"t: ... '" 0",0 .. co .. .. .. o ... / o ffi .. .. ... 1-'" ...e U)ZWQ U)~~<Q ~oU)cna:: .~ :5~a:~; <:;~~g; ~z==c:(LL. '-Y(; u.... ~~~; ~"" ~ :::tCl~ C-/ U) Cl')I-Z Z. C1Q::2 tu ( ~ ~~. W ~ <(Ot.:lCfJ (/)1- o(/) -ll-",W ()wu...OJ o~O:2: ~lYO::J <(<(-l() I:2:u... (),....O$ -(V)ZW ~NNZ . c ~... f'-J ~'" _,,,I '-'-~~N2Z:;;:%f;r.-i!.'I42l~~~1:iz~r1t.~~;~fiEitiglM~01;;;~ ueT. 1~O-6-01: l1p p.4 / , , NOV 0 1 200fil}'f Emily Long Hoffman, Esquire Attorney 1.0. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108 AttomeYifor Plaintiff , v, IN THE COURt OF COMMON PLEAS CUMBERLAND COUNTY" PENNSYLVANiA NO. 01 - 1925 CIVIL ACTION - LAW IN DIVORCE JANET CLOSE, Plaintiff RICHARD CLOSE, Defendant Model For A Proposed Qualified C;omestiG Relations Order (QDRO) (Defined Contribution Plans Having Individual Vested Accounts) 1. A Divorce Decree was made and entered on NO'lember 8, 2005, in Cumberland County, Pennsylvania. 2. The purpose of this order Is to assign to Plaintiff Janet Close ("Alternate payee") pursuant to Internal Revenue Code Section 414(p) benefits of Defendant Richard Close ("Participant") in an employee benefit plan identified as follows: Harseo Corporation Savings P!an 3. Alternate payee is related to Participant as follows: former spouse 4. Alternate Payee resides at 1025 Walnut Street, 1'" Floor, Lemoyne, PA 17043. Alternate Payee's social security Ilumber is: 175-46-4521 Alternate Payee's date of birth is: March 27, 1954 5, Participant's last known mailing address is: 7965 Somerset StrE)et, Hummelstown, Pennsylvania 17036. Participant's social security number is: 180-40-7629 Participant's date of birth is: November 13, 1950. IT IS ORDERED THAT: A. Fifty percent (50%) of the vested balance credited :to the account of Participant in the Plan, net of any loan outstanding on the )l,ssignment Date or consented to by the Alternate Payee between the Assignment Date and the date of Distribution to Alternate Payee (the *Assigned Benefit"), be assigned to and become the property of Alternate Payee effective as at August 1, 2000 (the "Assignment Date"), The Assigned Benefit will be separ~ted from the QCS/MODEl_QORO .- I ~, 'r'_ .,_1", .......," < . j.o ..:' ,.' - ~.-- "- ~ ,-~- .- ";, . ~ ~C~ 18 06 01,12p p.5 . Participants account pro-rata from all funds (the Loan Fund will not be used in the pro-ration). 8. The Assigned Benefit shall be adjusted for experience gains or losses of the Plan trust from the Assignment Date to the date hereof. C. From the date hereof to the date of distribution to Alternate Payee the Plan shall separately account for the Assigned Benefit. . D. If the Plan so provides the Assigned Benefit shall be disbursed in one sum to Alternate Payee as soon as practicable, If the Plan dqes not provide for an immediate lump sum payment. Alternate Payee may hereafter elect to receive any form of benefit then offered by the Plan payable at the earliest date permitted bylaw. E. If Alternate Payee dies before the full amount of the AssignBd Benefit has been disbursed to Alternate Payee the balance of the Assi eneflt shall be paid to Justin Richard Close unless such beneficiary s redeee se Alternate Payee in which case the Assigned Benefit s e . aid A ernate Payee's estate. CONSENTED TO: dAoJl8';/;).OO0 -(~-1hOD? ~CSIMODeL_ DDRO ;;~~M~~~","""r~li~r.I'\ilaIM~"'~m;fp,:Wif,t~"'!F~..;,,,jMii~-.lJk,Iiki.:!:d:e~ ,,",6<4 ~'---~--,: ~, -1 ~ S S :01 \iV 9- Wi'! 9DGZ ~~ AUWj ,r-\,f, /'~i 'I "'.' , I ""'u' 1<,"\ Qv_I..,.,I\VI \.l\)C::::l jt t.L :l'v 3~!j:;U-(!:nH "'~~".'-"~--' ," ~. ,"' ". .= -~~~~ " ~,ill'IiL~ """" <.~ "' "~" -, . . . .