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Home My WebLink About03-2128 JOHNN. DALTON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGERY S. DALTON, Defendant CIVIL ACTION - LAW DIVORCE NO. 02> - ~ JJ.f C;uiL'--r~ vs. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County, One Courthouse Square, Cumberland County, 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, P A 17013 (717) 249-3166 . ......... JOHNN. DALTON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W DIVORCE MARGERY S. DALTON, Defendant NO. 03 - 0l.1J..! e. ;u~L '--r~ COMPLAINT IN DIVORCE Sections 3301(c) and 3301(d) 1. Plaintiff is John N. Dalton who currently resides at 504 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Margery S. Dalton who currently resides at 1109 W. Powderhom Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 25, 1979, in Annandale, Fairfax County, Virginia. 5. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The parties have been living separate and apart since June 27, 2001. . ",- 9. Three children were born of the marriage: Sarah Dalton (d.o.b. 3-28-82); Karen Dalton (d.o.b. 2-16-85); and Daniel Dalton (d.o.b. 8-20-88). 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 11. Plaintiff requests the court to enter a Decree of Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant. Count I - Equitable Distribution 12. The averments in paragraphs 1 through 11 are incorporated herein by reference. 13. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests that this Court enter an Order equitably distributing marital property, divorcing Plaintiff and Defendant and such other Orders as are just and appropriate. Respectfully submitted, Date: 5-d-D~ ~~. U:tL~ Melissa L. VanEck, Esquire Attorney ID No. 85869 203 West Caracas Avenue Suite 201 Hershey, P A 17033 (717)540-5406 Attorney for Plaintiff VERIFICATION I, John N. Dalton, verify that the statements made in the foregoing COMPLAINT in DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: Apt;! J. ~ 2JJO 3 ~~ John N. Dalton ~ ~~ -- ......... Lv.:t ~ ~ o " c-:. ~'r7' ~~. (.~J - r~:: :-: ~-;r'. ~(- ;c.>: .::~.. ~ "' ~:;; ~ (f::;' /"' ~I g Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. DALTON, v. : CIVIL ACTION - LAW MARGERY S. DALTON, Defendant : NO. 03-2128 CIVIL TERM : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date:~ lJ\( JliJq) if lkn &l Melissa L. Van Eck, Esquire 203 West Caracas Avenue, Suite 201 Hershey, P A 17033 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: ~~?? ~ 1Qfl!J 1U Wendy J. F. Gr GRIFFIE & A OC ES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 (") Cl 0 C (",) -n ~ "U IT; q rnn: , -"';)'" .,.. ~ ~) U~ , " -<. r'.: " ~~ " , "ice ( c. ,:;;::! ..;'~- " ,',.-. =2 ,U en -< JOHNN. DALTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW MARJERY S. DALTON, Defendant : NO. 03-2128 CIVIL TERM : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Divorce Complaint filed in the above captioned action. Respectfully submitted, "''' ~2.%;&m Wendy J. F. Grel , Attorney for Pia ti GRIFFIE & ASS S 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 ~ () ....,,~ ~-~"i c C,_ $: "'Ocu - nln, , ,- 2:1:"" t',,) :;;.!'C ;, , cn~~ CD ;- ~c~ , , "'" .::( :< ',S +i ~c ~" c:j _L, 'C '!? <~rn >c l_, -""1 ~ :n jo. :0 (~ -< JOHN N. DALTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MARJERY S. DALTON, Defendant : NO. 03-2128 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Darren J. Holst, Esquire, acknowledge that on 4')A..f t (j received a certified and true copy of a Complaint in Divorce in the above captioned action and , ~, 2003, I further acknowledge that I am authorized to do so on behalf of my client, Margery S. Dalton. Date: V/; ~ J t, Esquire HOWETT, SSINGER, CONLEY, PC P.O. Box 810 Harrisburg, PA 17108 Sworn and subscribed to before me this 4 r" day of A.... '1 u ,,{" , 2003 O{;~/I-," Q~ NOTARY PUBUC . NOTARIAl SEAl DONNA! KNISElX NOTARY PUBLIC HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES FEe. 16 2004 , () c "'c.:' -oC?--; !:PrY ~, z (f) r; :<: :!>r ~~:: c. ;:c," "< o w ~ G"') o -" . -J ii-ir];! ,,'q 'C"J " l -;,() ,," =-}:1 -::!c') :;")rn ~:'::f -'-~ 5j -< I ~ ;i2 Ul Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774,1445 JOHN N. DALTON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2128 MARJERY S. DALTON, Defendant CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served the foregoing Praecipe to Withdraw Appearance and Praecipe to Enter Appearance, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Darren 1. Holst, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O Box 810 Harrisburg, PA 17108 Wendy 1. F. Grella, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17103 Dated: December 12, 2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. 32317 Attorney for Defendant '-' ('" ,..., ~ G:":' <...> CJ 1'., c; \..' c~ ~,,> () .!i :-::j r;l~ -(")fT1 :'.pl::r L:~::~ c:> -.-- -1'. S:,~ ;_~-1 i"I" )~ '. Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 JOHNN. DALTON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03-2128 MARJERY S. DALTON, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of Margery S. Dalton in the above-captioned matter. Respectfully submitted, Dated: t)--~llo? ,2003 4r:n 1. H{Z squire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O, Box 810 Harrisburg, PA 17108 (717)234-2616 Supreme Court J.D. Y)J ILl PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Mmjery S. D D'W/f/~ ,2003 in the above-captioned matter. , Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court J.D. 32317 ...., \;.;..> <m:'> ...., ~? ,', C) c:; '-'" ~:-j " , ::r:1 i:i1::T-' ,- -n~rl i-~J9 _-~~C) ~~ JOHN N. DALTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LA Vof MARJERY S. DALTON, : NO. 03-2128 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~330 1 (c) of the: Divorce Code was filed on May 5,2003, reinstated on July 28, 2003, and served on August 4,2003. 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 Dilvorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: _1 \) - 2..~ - a-OO \f ~~lL-- JOHNN. DALTON, Plaintiff (") """-:l 0 = ~,; c:::::> .,.., ..r- : :?: ~-n , 0 -< n1F I -nm ~(j? , J:'"" '") ~'-. :-10 '- . ~ -r, :t'!:. ,;-'-j;P (-:' ::v: '><.) C '2 ;~5m -,.. ~ L... -) W :.0 -, \.0 -< Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN N. DALTON, vs. : CIVIL ACTION - LA v.,r MARJERY S. DALTON, : NO. 03-2128 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE UECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 divorce 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 files with the Prothonotary . I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. ~01--- JOHN N. DALTON, Plaintiff DATE: (0.-2$ -l()O\.f (') r-.v 0 = C. c.::> 'Tl , ..C- '" f.,: - X:-n -.r.i:_ f', ~ r .' 0 - -:: ~.';" 1 "f:: nl;:::::. 'om -ng ... '':') r ':'1 ..) -r: :::J.:! '. 1,<?,15 S? On, -I '~ .t:- ::q Q -, JOHN N. DALTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2128 MARGERY S. DALTON, 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 May 5, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. .~~~ MARGE Y . DALTON DATE:/I- / - 0 y' ~ "-', 0 r-..:> 0 = (~~ c:=> -n ..r- -- .-1 ~~rl,_ " 0 ,,~;::; :Cl ....:: "'r" .,,!rn I ....1:' ::..1 . \.0 ~~~~ -;::l .........c'"" :,'~c:;;cn :::~ :.:>- :u \.D -........ JOHNN. DALTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2128 MARGERY S. DALTON, Defendant CIVIL ACTION - LA W : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. DATE: 11- 1- ot( ~~.~ MARGERY S. DALTON .---" ~ .: r-.v (~":7' c::> ..c- o ,'J ::;::! i"i"i;;D "T.1 rn :rJy r) '- ':-:1 C) ~~~ ff~ <:-rrl ,j =".. :1; ...." -.. .i-;LL.,,,,, <:::) ....:,: , '..0 - ,., :1: ,,-> a SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this pi day of f1w~ , 2004, by and between JOHN N. DALTON, of 504 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND MARGERY S. DALTON, of 1109 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania, party ofthe second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on August 25, 1979, in Annandale, Fairfax County, Virginia; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of20-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel 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 of the causes leading to them living separate and apart. --Page 2 of 20-- ARTICLE II DIVORCE 2.1 Husband has commenced an action for divorce against Wife pursuant to S3301(c) and S3301(d) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 2003-2128 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and a Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the --Page 3 of20-- parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the --Page 4 of20-- property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. 3.4 Life Insurance. Husband shall maintain a life insurance policy nammg Wife as beneficiary, either directly or as beneficiary of a trust into which life insurance proceeds are incorporated, or by any other means by which these funds would be available to Wife, through one or more policies in the amount of $200,000.00 from the date of execution of this Agreement until June 30, 2008. From July 1, 2008, through December 31, 2021, the amount required above shall be reduced to $100,000.00. From January 1, 2022, forward, Husband shall be under no --Page 5 of20-- obligation to assure that Wife receives any funds in the event of his death. Regarding any life insurance policies currently owned by Husband and any accounts hereafter acquired by Husband, he will maintain ownership and possession of the policies. In the event Husband opts to provide these funds by means of a trust, he agrees that the terms of the trust shall assure that Wife shall receive a lump sum payoff from the trust immediately upon Husband's death equal to the value set forth above. Husband shall provide Wife with proof of the existence of the policy annually on the anniversary date of this Agreement. 3.5 Subsequentlv Acquired ProTJertv. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are the joint owners of real estate located at 1109 West Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania, which property is currently held in the joint names as tenants by the entireties. This property is encumbered with a mortgage due and owing to Navy Federal Credit Union. Husband agrees that contemporaneously with the execution of this Agreement, he will execute a Deed conveying all of his right, title and interest in the aforesaid real estate to Wife by fee simple general warranty deed. This Deed shall be held by Husband's counsel in escrow until such time as Wife refinances the debt due and owing to Navy Federal Credit Union for which --Page 6 of 20-- Husband is jointly liable. Upon proof of satisfaction of the mortgage secured by the above- mentioned real estate upon which Husband is liable, Husband's counsel shall forward to Wife's counsel the executed Deed for recording. Husband shall then make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate. From the date of execution of this Agreement forward, Wife shall be solely and exclusively responsible for the repayment of the aforesaid mortgage due and owing to Navy Federal Credit Union or its assigns and shall make each such monthly payment due hereunder when and as payments are due, including any and all interest, late charges, and the like. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid mortgage from the date of execution of this Agreement forward. The receipt of benefits provided for herein by Husband take into consideration Husband's transfer of his legal and equitable interest in the aforesaid real estate. From the date of execution of this Agreement forward, Husband shall make no claim of any nature whatsoever, legal or equitable, in the interest in the aforesaid real estate. The parties agree that Husband shall be reimbursed for any payments he may make following the date of execution of this agreement due to Wife's inability or failure to make said payments in a timely matter. This reimbursement shall be paid out of the proceeds of the sale of the property. This provision does not prohibit in any way any actions to seek compensation for failure of Wife to indemnify Husband as provided above. Wife agrees to make a good faith effort to refinance the mortgage by making application for refinancing within fifteen (15) days of the date of execution of this agreement. Wife agrees to accept financing equal to or lower than the present monthly mortgage payment, including --Page 7 of20-- taxes and insurance. Wife agrees that failure to do so will constitute a failure to make a good faith effort to refinance. Wife agrees that she shall provide Husband with a copy of the application and all related correspondence for each effort to secure refinancing. In the event Wife does not qualify for refinancing, she shall make reapplication for a mortgage each six month period thereafter. In the event Wife does not qualify for a mortgage within two years, she agrees to list the property for sale and to accept economically reasonable offers to purchase the residence. If the property is not refinanced within a two year period of time due to a failure of Wife to make a good faith effort to refinance, and the property is sold as noted above, the provision requiring Husband to provide up to TEN THOUSAND AND XX/lOO DOLLARS ($10,000) of closing costs shall be null and void and Husband shall be under no obligation to perform this duty. Husband acknowledges that it is his Wife's intention to sell the marital residence within two (2) to three (3) years of the date of execution of this Agreement. Wife will incur fees and refinancing the mortgage into her name alone. Husband agrees that he shall provide a cash payment to Wife for the amount equivalent to sixty (60%) percent of the refinancing costs related to Wife refinancing the mortgage within ninety (90) days of the date of execution of this Agreement forward. Further, Husband agrees that he shall be responsible for a cash payment of up to sixty (60%) percent of the transfer tax and realtor's fees upon the sale of the parties' real estate, so long as this occurs no later than June 30, 2007. The total of all payments from Husband to Wife addressed in this paragraph shall not exceed TEN THOUSAND AND XXII 00 ($10,000.00) DOLLARS cumulatively. Further the payment by Husband to Wife of sixty (60%) percent of the refinancing costs shall not apply to any points paid to lower the mortgage rate. --Page 8 of20-- The parties agree that, in the event that Wife dies prior to the recording of the deed, the property shall be the sole and separate property of Wife's estate. Upon her death, the property shall be sold, any encumbrances or liens satisfied, and the entire net proceeds, less any reimbursements noted above, shall be payable to the beneficiaries of Wife's estate. The parties agree that upon sale of the property, all proceeds shall be the sole property of wife or her estate. 3.7 Pension, Retirement, Profit-SharinJ!. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's PREA Pension, with a marital portion value of$74,932, and Husband's Select Re Pension, now the SelectRe 401k, with a present value of $667.00. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in these plans. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's Vanguard IRA account, with a separation value of $27,700.00 Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in Wife's IRA account. The parties agree that Wife shall receive THIRTY-;SEVEN THOUSAND FOUR P~l,U~ 1~JR3tl.sT at(. ~ $1~tQ :JuNe) ,,,,<'D. . HUNDRED TENTY-EIGHT and 66/100 ($37,428.66) DOLLARs1from the Husband's PREA f).,ooV ~ 40 I (k) account by means of a Qualified Domestic relations Order. Husband shall receive the remaining marital portion of the PREA 401k, the marital portion consisting of FORTY-ONE THOUSAND FOUR HUNDRED FIFTY-SEVEN ($41, 457.00) DOLLARS, plus interest or loss since June 2004. Any non-marital portion shall be retained by Husband. Husband shall retain --Page 9 of20-- his Vanguard IRA in its entirety with a separation value of NINE- THOUSAND FIVE HUNDRED AND XX/lOO DOLLARS ($9,500). Husband shall retain his Charles Schwab IRA with a separation value of THIRTY-THOUSAND AND XX/lOO DOLLARS ($30,000) in its entirety. The Bookspan Fidelity 40 1 (k), titled in Wife's name, with a separation value of FOUR-THOUSAND AND XX/lOO DOLLARS ($4,000) shall be retained by Wife in its entirety. 3.8 Investment accounts: The parties acknowledge that Husband has received prIor distributions from the Charles Schwab Investment Account in the amount of FOUR- THOUSAND EIGHT HUNDRED FIFTY AND XX/IOO DOLLARS ($4,850) and Wife has received prior distributions in the amount of FOUR-THOUSAND FOUR HUNDREND AND XX/IOO DOLLARS ($4,400). The parties agree that the Charles Schwab Investment Account held jointly shall be divided with Wife receiving 55% of same and Husband receiving 45% of same. The parties shall execute all necessary documents within fifteen (15) days of the date of execution ofthis agreement to transfer all accounts into the proper party's name. Wife hereby waives and relinquishes any and all right, title, and interest she has or may have in any portion of the above-mentioned accounts which are being retained entirely or in part by Husband. Husband hereby waives and relinquishes any and all right, title, and interest he has or may have in any portion of the above-mentioned accounts which are being retained entirely or in part by Wife. The Parties hereby waive any interest they may have in the prior distributions the other received from the Charles Schwab Investment Account. --Page 10 of20u 3.9 Vehicles. The parties acknowledge that they have transferred all vehicles into the appropriate names and hereby waive any interest in the vehicles or proceeds from the sale of vehicles that have been transferred into the name of the other. The Parties agree that the value of the vehicles has been taken into consideration in arriving at this agreement and agree that the vehicles have been equitably divided to each's satisfaction. The parties further acknowledge that they are in possession of a 1995 Ford Taurus. The parties agree that this vehicle shall be titled in Husband's name alone and shall be maintained by Husband for use by the parties' children. Husband shall be liable for the insurance of the 1995 Ford Taurus as well as upkeep, so long as it is economically reasonable to maintain this vehicle. 4.0 Intamdble Personal Propertv. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. --Page 11 of 20-- ARTICLE IV DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V SUPPORT 5.1 Child Support, Spousal Support and AlimollV. Husband agrees that he shall pay a sum total of child support and alimony in the amount of THREE THOUSAND AND XX/IOO ($3,000.00) DOLLARS per month from the date of signing this Agreement until December 31, 2006. Beginning January 1,2007, the total amount of alimony shall be TWO THOUSAND FIVE HUNDRED AND XXlIOO ($2,500.00) DOLLARS. This amount shall continue until December 31, 2010. Beginning January 1, 2011, the amount of alimony shall decrease to TWO THOUSAND AND XX/IOO ($2,000.00) DOLLARS per month until December 31, 2021, at which time all alimony shall cease. These Provisions regarding alimony are non-modifiable. The initial amount of support and alimony of THREE THOUSAND AND XX/I 00 ($3,000.00) DOLLARS per month from the date of execution of this Agreement until the parties' son, Daniel, graduates from high school or reaches the age of nineteen, whichever occurs first, --Page 12 of20-- the support amount shall be allocated as follows: ONE THOUSAND TWO HUNDRED AND XX/100 ($1,200.00) DOLLARS shall be deemed to be child support and the remaining amount, ONE THOUSAND EIGHT HUNDRED AND XX/100 ($1,800.00) DOLLARS, will be deemed to be alimony. Following Daniel's graduation from high school or the attainment of age nineteen, whichever occurs first, the entire amount of support shall be deemed to be alimony. Husband agrees to pay 60% of all unreimbursed medical expenses after Wife has paid the first $250.00 annually. The parties specifically agree that this payment of alimony shall survive cohabitation and remarriage. Husband hereby specifically waives any protection afforded to him by statute or rule of procedure that would contradict this provision which allows for the alimony payments to survive cohabitation and remarriage. The amount of Alimony shall be non-modifiable in amount or duration for any reason except the death of either party and is contractual in nature. Alimony shall terminate upon the death of either party. The parties agree that the support already paid by Husband to Wife of THREE THOUSAND AND XX/100 ($3,000.00) DOLLARS per month shall be allocated as $1,200.00 child support and $1,800.00 alimony from January 1, 2004 until the date of signing of this agreement. 5.2 Legal Fees. Husband agrees that he shall pay TWO THOUSAND FIVE HUNDRED AND XX/lOO ($2,500.00) DOLLARS of Wife's legal fees within sixty (60) days of the date of execution of this Agreement. --Page 13 of20-- 5.3 Health Insurance for the Children. Husband agrees that he shall provide health insurance for the parties' children at his sole expense until they earn a bachelor's degree or reach the age of 23, whichever comes first. Should Husband change jobs, he agrees that he shall continue to provide health insurance for the children at his expense at coverage equivalent to that which the children have at the time of execution of this Agreement. If a child has not obtained a Bachelor's Degree upon reaching the age of 23 years, Husband and the affected child shall work together to effectuate adequate health insurance at Husband's expense until child receives a Bachelor's Degree or reaches the age of 24 years, whichever occurs first, so long as the child remains an active full-time student. 5.4 Tax Exemptions. The parties hereby agree that Husband shall be permitted to take the tax deduction for the parties' daughter, Karen, for as long as the exemption is available. The parties agree that Wife shall be permitted to take the tax deductions and exemptions for the parties' son, Dan, for as long as that exemption is available. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligations or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having --Page 14 of 20-- received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, --Page 15 of 20-- complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Bankruptcv. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is --Page 16 of 20-- otherwise specifically provided for by the ternlS of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. --Page 17 of20-- 6.10 Severability. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; an independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for --Page 18 of 20-- this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: -/0- 28-JOOlf Date ~ JOHN N. DALTON "mfi,hhA. f)~ MARGERY S. DALTON /r:-/-~/ Date --Page 19 of20-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ber~ On this t~daYOf Oc4fKr , 2004, before me, the undersigned officer, personally appeared John S. Dalton, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Jlfl!!nJ~~ NOTARIAL SEAL I<ARISAJ. LEHMAN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES AUG. 2~. 2007 COMMONWEAL TH OF PENNSYL VANIA COUNTY OF Cu...m6?rlat-d On this /61- day of november- , 2004, before me, the undersigned officer, personally appeared Margery S. Dalton, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my lmnd a NOTARIAL SEAL BARBARA SUMPlE-SUlUVAN Notary PublIc NEWCUMlERlANO 8OROUGH CUMBERlAND COUNTY My CommlUlon ElCf*8S Nov 1 ft. 2007 --Page 20 of20-- ,) 'j r-~:'~"" :j;' l" ~ .,. HJ', C) 1--,' 0 ,,:.,.:J . " ""T1 ~ '- r i ~.u.,"_ - *'\ '1 C,; \ .? CJ. .-' " , ~::] -C:? , -.". '" \~.) -" T\ , C.) ~, , '. " . " (,,) 1-"1 -<. Q :< -- ....... , '\,.~ . I ~'I ;.; ~. I" ., I , ) ': '~;" .,.~.. . -'~"',. ~" '. 1:1:I~,,~-{~.' ~\W~ ~ \.'~)'" .,i,,;r. '\,'I.~'."'''n 1,' _~..."o:._.._~...,...~....~._ '~'__~""""'_"__'.___ JOHN N. DALTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 2128 CIVIL MARJERY S. DALTON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /:L '{"\ day of ).(/~hu, 2004, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated November 1, 2004, 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, Geo41L I!tr:. J. cc: Brian C. Bornman Attorney for Plaintiff Barbara Sumple-Sullivan Attorney for Defendant f-F ~ 1/~/S,Oll + ~!J! 'J'~'>\~),S,~ \ ~<.:jd ! 1"I',r.,,- r, /\.i...l \1 !;.: : !, >',;(10 6 1 : I Hd 21 hOt} ~noz ,}.cf~/L~'1; ~;~~.~ :~=Ud 3~11 ~:():~L~C: {]j..~n~l !,-", :i',_/ T SEP ARA nON AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this )$.1 day O~/~ Jwr , 2004, band between JOHN N. DALTON, of 504 Louisa Lane, Mechanicsburg, Cumberland C nty, Pennsylvania, party of the first part, hereinafter referred to as "Husband," AND MARGERY S. DALTON, of 1109 West Powderhom Road, Mechanicsburg, Cumb land County, Pennsylvania, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on August 25,1979, in Annandale, F irfax County, Virginia; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvani and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have ade them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their rital rights and obligations, and make an equitable distribution of their marital property, dete lme their rights to alimony and support and any other matters which may be considered und r the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the resp ctive rights and duties of the parties while they continue to live apart from each other and to set e all financial and property rights between them; and --Page 1 of 20-- WHEREAS, the parties hereto have mutually entered into an agreement for the di Slon of their jointly owned assets, the provisions for the liabilities they owe, and provisions D the resolution of their mutual differences, after both have had full and ample opportunity to c suIt with attorneys of their respective choice, the parties now wish to have that agreement reduc d to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and 0 be kept promises set forth hereinafter and for other good and valuable consideration, and inte ding to be legally bound and to legally bind their heirs, successors, assigns, and per onal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and part from each other and to reside from time to time at such place or places as they shall respect vely deem fit, free from any control, restraint, or interference, direct or indirect, by each ther. Neither party shall molest the other or compel or endeavor to compel the other to coha it or dwell with him or her by any legal or other proceedings. The foregoing provisions shall n t be taken to be an admission on the part of either Husband or Wife of the lawfulness of the c uses leading to them living separate and apart. --Page 2 of20-- ARTICLE II DIVORCE 2.1 Husband has commenced an action for divorce against Wife pursuant to S3301(c and S3301(d) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed t No, 2003-2128 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsyl ma, Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and a Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing fron this matter shall incorporate this Agreement. It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant, and representati n IS made for the specific purpose of inducing Husband and Wife to execute the Agree ent. Husband and Wife each knowingly and understandingly hereby waive any and all po ible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of p blic policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, cov nant and agree that, in any possible event, he and she are and shall forever be estopped from ass mg any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agree ent relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a d ree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each fthe --Page 3 orzo-- . parties to this Agreement hereby consents and agrees that this Agreement and all its cov 1ants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever bindin and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged i such decree. ARTICLE III EO UITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which con rms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the foil mg considerations: the length of the marriage; the prior marriages of the parties; the age, h alth, station, amount and sources of income, vocational skills, employability; estate, liabilities and needs for each ofthe parties; the contribution of one party to the education, training or incr ased earning power to the other party; the opportunity of each party for future acquisition of c pital assets and income; the sources of income of both parties, including but not limited to me ical, retirement, insurance or other benefits; the contribution or dissipation of each party i the acquisition, preservation, depreciation, or appreciation of marital property, includin the contribution of a party as a homemaker; the value of the property set apart to each part ; the standard ofliving of the parties established during their marriage; the economic circumstan s of each party, including federal, state and local tax ramifications, at the time of the division f the --Page 4 of 20-- property is to become effective; and whether the parties will be serving as the custodian 0 any dependent minor children. 3,2 The division of existing marital property is not intended by the parties to constitute i any way a sale or exchange of assets and the division is being affected without the introducti n of outside funds or other property not constituting marital property. The division of property der this Agreement shall be in full satisfaction of all rights of equitable distribution of the partie . 3.3 Personal ProTJertv. The parties acknowledge that they have divided their per onal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangibl and intangible, in their possession that they wish to have and retain from this time forward. N 'ther party shall make any claim whatsoever against the personal property in the other p y's possession or assets in that other party's possession from the time of execution of this Agreement forward, 3.4 Life Insurance. Husband shall maintain a life insurance policy nammg Wi as beneficiary, either directly or as beneficiary of a trust into which life insurance proceed are incorporated, or by any other means by which these funds would be available to Wife, thr ugh one or more policies in the amount of $200,000.00 from the date of execution of this Agree ent until June 30, 2008. From July 1,2008, through December 31,2021, the amount required a ove shall be reduced to $100,000.00. From January I, 2022, forward, Husband shall be und r no nPage 5 0[20-- obligation to assure that Wife receives any funds in the event of his death. Regarding an life insurance policies currently owned by Husband and any accounts hereafter acquire by Husband, he will maintain ownership and possession of the policies. In the event Husban opts to provide these funds by means of a trust, he agrees that the terms of the trust shall assur that Wife shall receive a lump sum payoff from the trust immediately upon Husband's death eq al to the value set forth above. Husband shall provide Wife with proof of the existence of the !icy annually on the anniversary date of this Agreement. 3.5 SubseQuelltlv Acquired Propertv. Husband and Wife agree to waive and re!inquis any and all right that he or she may now have or hereafter acquire in any real or tangible per onal property subsequently acquired by the other party. Husband and Wife specifically agr e to waive and relinquish any right in such property that may arise as a result of the ma iage relationship. 3.6 The parties are the joint owners of real estate located at 1109 est Real Estate. Powderhom Road, Mechanicsburg, Cumberland County, Pennsylvania, which prope currently held in the joint names as tenants by the entireties. This property is encumbered mortgage due and owing to Navy Federal Credit Union. Husband agrees that contemporaneously with the execution of this Agreement, h will execute a Deed conveying all of his right, title and interest in the aforesaid real estate to Wi e by fee simple general warranty deed. This Deed shall be held by Husband's counsel in escrow until such time as Wife refinances the debt due and owing to Navy Federal Credit Union for hich --Page 6 of 20-- Husband is jointly liable. Upon proof of satisfaction of the mortgage secured by the a ove- mentioned real estate upon which Husband is liable, Husband's counsel shall forward to ife's counsel the executed Deed for recording. Husband shall then make no claim of any ture whatsoever relative to any legal or equitable interest in the aforesaid real estate. From th date of execution of this Agreement forward, Wife shall be solely and exclusively responsible jj r the repayment of the aforesaid mortgage due and owing to Navy Federal Credit Union or its as igns and shall make each such monthly payment due hereunder when and as payments are due, including any and all interest, late charges, and the like, Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity 0 any nature whatsoever on account of the aforesaid mortgage from the date of execution 0 this Agreement forward. The receipt of benefits provided for herein by Husband take into consideration Husband's transfer of his legal and equitable interest in the aforesaid real e tate. From the date of execution of this Agreement forward, Husband shall make no claim 0 any nature whatsoever, legal or equitable, in the interest in the aforesaid real estate. The p rties agree that Husband shall be reimbursed for any payments he may make following the d e of execution of this agreement due to Wife's inability or failure to make said payments in a ti ely matter. This reimbursement shall be paid out of the proceeds of the sale of the property. This provision does not prohibit in any way any actions to seek compensation for failure of W fe to indemnify Husband as provided above. Wife agrees to make a good faith effort to refinance the mortgage by making applic tion for refinancing within fifteen (15) days of the date of execution of this agreement. Wife a rees to accept financing equal to or lower than the present monthly mortgage payment, incl ding --Page 7 of 20-- taxes and insurance. Wife agrees that failure to do so will constitute a failure to make a ood faith effort to refinance. Wife agrees that she shall provide Husband with a copy 0 the application and all related correspondence for each effort to secure refinancing. In the event Wife does not qualify for refinancing, she shall make reapplication or a mortgage each six month period thereafter. In the event Wife does not qualify for a mo age within two years, she agrees to list the property for sale and to accept economically reaso able offers to purchase the residence. If the property is not refinanced within a two year peri d of time due to a failure of Wife to make a good faith effort to refinance, and the property is s d as noted above, the provision requiring Husband to provide up to TEN THOUSAND AND DOLLARS ($10,000) of closing costs shall be null and void and Husband shall be und r no obligation to perform this duty. Husband acknowledges that it is his Wife's intention to sell the marital residence ithin two (2) to three (3) years of the date of execution of this Agreement. Wife will incur fee and refinancing the mortgage into her name alone. Husband agrees that he shall provide a cash payment to Wife for the amount equivalent to sixty (60%) percent of the refinancing osts related to Wife refinancing the mortgage within ninety (90) days of the date of execution 0 this Agreement forward. Further, Husband agrees that he shall be responsible for a cash paym t of up to sixty (60%) percent of the transfer tax and realtor's fees upon the sale of the parties real estate, so long as this occurs no later than June 30, 2007. The total of all payments rom Husband to Wife addressed in this paragraph shall not exceed TEN THOUSAND AND X 100 ($10,000.00) DOLLARS cumulatively. Further the payment by Husband to Wife of sixty ( 0%) percent ofthe refinancing costs shall not apply to any points paid to lower the mortgage rate --Page 8 of20-- The parties agree that, in the event that Wife dies prior to the recording 0 thc deed, the property shall be the sole and separate property of Wife's estate. Upon her deat , the property shall be sold, any encumbrances or liens satisfied, and the entire net proceeds, les any reimbursements noted above, shall be payable to the beneficiaries of Wife's estate. The parties agree that upon sale of the property, all proceeds shall be the sole prope yof wife or her estate. 3.7 Pension, Retirement. Profit-Sharinf!. Wife agrees to waive, relinquish or transfe any and all of her right, title and interest she has or may have in Husband's PREA Pension, ith a marital portion value of $74,932, and Husband's Select Re Pension, now the SelectRe 401k, with a present value of $667.00. Wife hereby waives, relinquishes and transfers any and all right title and interest she has in these plans. Husband agrees to waive, relinquish or transfer any and all of his right, title and in rest he has or may have in Wife's Vanguard IRA account, with a separation value of $27,7 0.00 Husband hereby waives, relinquishes and transfers any and all right, title and interest he remaining marital portion of the PREA 401k, the marital portion consisting of FORTY- UR S l JJ Q..CJ UIJf: , A J-IXJY Wife's IRA account. ~ The parties agree that Wife shall receive THIRTY-SEVEN THOUSAND PLus ~JXi\nUST OV2.L HUNDRED TENTY-E1GHT and 66/100 ($37,428.66) DOLLARS~from the Husband's P 401(k) account by means of a Qualified Domestic relations Order. Husband shall receiv THOUSAND FOUR HUNDRED FIFTY-SEVEN ($41, 457.00) DOLLARS, plus interest 0 loss since June 2004. Any non-marital portion shall be retained by Husband. Husband shall tain --Page 9 of20-- his Vanguard IRA in its entirety with a separation value of NINE- THOUSAND FIVE HUN 'D AND XX/lOO DOLLARS ($9,500). Husband shall retain his Charles Schwab IRA w th a separation value of THIRTY-THOUSAND AND XX/I 00 DOLLARS ($30,000) in its entirety, The Bookspan Fidelity 40I(k), titled in Wife's name, with a separation value of FOUR-THOU ND AND XX/I 00 DOLLARS ($4,000) shall be retained by Wife in its entirety. 3.8 Investment accounts: The parties acknowledge that Husband has received nor distributions from the Charles Schwab Investment Account in the amount of F UR- THOUSAND EIGHT HUNDRED FIFTY AND XX/IOO DOLLARS ($4,850) and Wifi has received prior distributions in the amount of FOUR-THOUSAND FOUR HUNDREND ND XX/IOO DOLLARS ($4,400). The parties agree that the Charles Schwab Investment Ac ount held jointly shall be divided with Wife receiving 55% of same and Husband receiving 45 Yo of same. The parties shall execute all necessary documents within fifteen (15) days of the d te of execution of this agreement to transfer all accounts into the proper party's name, Wife hereby waives and relinquishes any and all right, title, and interest she has or may have in any portion of the above-mentioned accounts which are being retained entirely or i part by Husband. Husband hereby waives and relinquishes any and all right, title, and interest h has or may have in any portion of the above-mentioned accounts which are being retained entir ly or in part by Wife. The Parties hereby waive any interest they may have in the prior distrib IOns the other received from the Charles Schwab Investment Account. --Page 10 of20-- Vehicles. 3.9 The parties acknowledge that they have transferred all ve licles into the appropriate names and hereby waive any interest in the vehicles or proceeds fro 1 the sale of vehicles that have been transferred into the name of the other. The Parties agree th t the value of the vehicles has been taken into consideration in arriving at this agreement and gree that the vehicles have been equitably divided to each's satisfaction, The parties further acknowledge that they are in possession of a 1995 Ford Taurus. The parties agree that this vehicle shall be titled in Husband's name alone and shall be maintain d by Husband for use by the parties' children. Husband shall be liable for the insurance of the 1995 Ford Taurus as well as upkeep, so long as it is economically reasonable to maintain this veh cle, 4.0 Intaneible Personal ProTJertv. The parties have already transferred or waived right and interest in other intangible personal property, including their various bank accounts, credit nion accounts, and the like. Each party agrees to sign any documents necessary to close any' oint accounts within fifteen (\ 5) days of signing this Agreement. Neither party shall make any laim of any nature whatsoever against the other party relative to the financial accounts or ther investments or intangible personal property that have already been retained by that par as described herein. --Page 11 of20-- ARTICLE TV DEBTS OF THE PARTTES 4.T Each party represents to the other that except as is otherwise set forth in this Agree lent, there are no major outstanding obligations of the parties; that since the separation neither arty has contracted or any debts for which the other will be responsible and each party indem ifies and holds harmless the other for all obligations separately incurred or assumed unde this Agreement. ARTTCLE V SUPPORT 5.1 Child SUPDort. SDousal Support and Alimonv. Husband agrees that he shall pay sum lotal of child support and alimony in the amount of THREE THOUSAND AND "/100 ($3,000.00) DOLLARS per month from the date of signing this Agreement until Decemb r 31, 2006. Beginning January 1,2007, the total amount of alimony shall be TWO THOUSAND WE HUNDRED AND XXII 00 ($2,500.00) DOLLARS. This amount shall continue until Decemb r 31, 2010. Beginning January I, 2011, the amount of alimony shall decrease to TWO THOU. ND AND XX/lOO ($2,000.00) DOLLARS per month until December 31, 2021, at which ti e all The initial amount of support and alimony of THREE THOUSAND AND "/100 alimony shall cease, These Provisions regarding alimony are non-modifiable. ($3,000.00) DOLLARS per month from the date of execution of this Agreement until the pa ies' son, Daniel, graduates from high school or reaches the age of nineteen, whichever occurs first, nPage 12 of20n the support amount shall be allocated as follows: ONE THOUSAND TWO HUNDRED ND XX/100 ($1,200,00) DOLLARS shall be deemed to be child support and the remaining al unt, ONE THOUSAND E1GHT HUNDRED AND XX/100 ($1,800,00) DOLLARS, will be deem d to be alimony. Following Daniel's graduation from high school or the attainment of age ninteen, whichever occurs first, the entire amount of support shall be deemed to be alimony. Hu and agrees to pay 60% of all unreimbursed medical expenses after Wife has paid the first $2 0.00 annually, The parties specifically agree that this payment of alimony shall survive cohabitatio and remarriage. Husband hereby specifically waives any protection afforded to him by stat e or rule of procedure that would contradict this provision which allows for the alimony payme ts to survive cohabitation and remarriage. The amount of Alimony shall be non-modifiable in a ount or duration for any reason except the death of either party and is contractual in nature. Ali ony shall terminate upon the death of either party. The parties agree that the support already paid by Husband to Wife of TREE THOUSAND AND XX/100 ($3,000.00) DOLLARS per month shall be allocated as $1,2 0.00 child support and $1,800.00 alimony from January I, 2004 until the date of signing 0 this agreement. 5.2 Lel!al Fees. Husband agrees that he shall pay TWO THOUSAND FIVE HUN D AND XX/IOO ($2,500.00) DOLLARS of Wife's legal fees within sixty (60) days of the d te of execution of this Agreement. --Page 13 of20-- 5.3 Health Insurance for the Children. Husband agrees that he shall provide ealth insurance for the parties' children at his sole expense until they earn a bachelor's degree 0 reach the age of 23, whichever comes first. Should Husband change jobs, he agrees that h shall continue to provide health insurance for the children at his expense at coverage equivalent 0 that which the children have at the time of execution of this Agreement. If a child has not obtained a Bachelor's Degree upon reaching the age of 23 ears, Husband and the affected child shall work together to effectuate adequate health insura ce at Husband's expense until child receives a Bachelor's Degree or reaches the age of 24 ears, whichever occurs first, so long as the child remains an active full-time student. 5.4 Tax Exemptions. The parties hereby agree that Husband shall be permitted to ta e the tax deduction for the parties' daughter, Karen, for as long as the exemption is available. The parties agree that Wife shall be permitted to take the tax deductions and exemptions fi the parties' son, Dan, for as long as that exemption is available. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received indepe dent legal advice from counsel of their own selection, that they fully understand the facts and ave been fully informed as to their legal rights and obligations or otherwise understand those egal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after ha mg --Page 14 of20-- received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or im roper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quit laim, and forever discharge the other and the estate of such other, for all times to come and r all purposes whatsoever, of and from any and all right, title and interest, or claims in or agai t the property (including income and gain from property hereafter accruing) of the other or agai t the estate of such other, of whatever nature and wheresoever situate, which he or she now ha or at any time hereafter may have against such other, the estate of such other, or any part th reof, whether arising out of any fonner acts, contracts, engagements, or liabilities of such other s by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or wi do rights, family exemption, or similar allowance, or under the intestate laws, or the right t against the spouse's Will; or the right to treat a lifetime conveyance by the other as testame tary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, wether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory f the United States, or (c) any other country, or any rights which either party may have or at an time hereafter have for past, present, or future support or maintenance, alimony, alimony pen ente lite, counsel fees, costs or expenses, whether arising as a result of the marital relati n or otherwise, except and only except, all rights and agreements and obligations of whats ever nature arising or which may arise under this Agreement or for the breach of any thereof. It s the intention of Husband and Wife to give to each other by execution of this Agreement full, --Page 150[20-- complete, and general release with respect to any and all property of any kind or nature, r al or personal, not mixed, which the other now owns or may hereafter acquire, except and only e cept, all rights and agreements and obligations of whatsoever nature arising or which may arise nder this Agreement or for the breach of any thereof. 6.3 Bankruptcv. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. In the event either party attem ts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums th t the other party assumes or is required to pay due to the actions of the party claiming ba tcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter sh II be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have not heretofore incurred or contr cted for any debt or liability or obligation for which the estate of the other party may be respo ible or liable, except as may be provided for in this Agreement. Each party agrees to indemni y or hold the other party harmless from and against any and all such debts, liabilities or obligatio s of every kind, including those for necessities, except for the obligations arising out 0 this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, cha ges, and liabilities incurred by the other after the execution date of this Agreement, except s is --Page 16 of 20-- otherwise specifically provided for by the tem1S of this Agreement and that neither 0 them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unl ss III writing and signed by both parties and no waiver of any breach hereof or default hereunde shall be deemed a waiver of any subsequent default of the same or similar nature. 6,6 Husband and Wife covenant and agree that they will forthwith execute any a d all written instruments, assignments, releases, satisfactions, deeds, notes or such other writi gs as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry full and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwea th of Pennsylvania which are in effect as afthe date afthe execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties heret and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersede any and all prior agreements and negotiations between them. There are no representatio s or warranties other than those expressly set forth herein. --Page 17 of 20-- , ' 6.10 Severahilitv. If any tem1, condition, clause, section, or provision of this Agreemen shall be determined or declared to be void or invalid in law or otherwise, then only that tem1, condition, clause or provision shall be stricken from this Agreement, and in all other res ects, this Agreement shall be valid and continue in full force, effect, and operation, Likewis, the failure of any party to meet his or her obligation under anyone or more of the article and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equ table distribution of property, both real and personal, which was legally and beneficially acquir d by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce ode of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has de a full and complete disclosure to the other of all assets of any nature whatsoever in which ither party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceabilitv and Consideration. This Agreement shall survive any action for di orce and decree of divorce and shall forever be binding and conclusive on the parties; an indepe dent action may be brought, either at law or in equity, to enforce the terms of the Agreement by ither Husband or Wife until it shall have been fully satisfied and performed. The consideratio for ..Page 18 of 20-- . . this contract and agreement is the mutual benefits to be obtained by both of the parties ereto and the covenants and agreements of each of the parties to the other. The adequacy f the consideration for all agreements herein contained is stipulated, confessed, and admitted y the parties, and the parties intend to be legally bound hereby. In the event either party breach s the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any a d all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the eve t of breach, the non-breaching party shall have the right, at his or her election, to sue for damag s for such breach or to seek such other and additional remedies as may be available to him her including equitable enforcement ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the da and year first above written. WITNESSED BY: I 10-28 - 2-00Lf Date . Ii- /J Y' '7nu~ A. i4f-' Date MARG RY S. DALTON --Page 19 of20-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF C/UI1t;tr/t1yz.1 On this l'P" day of a-fJbcr , 2004, before me, the unders gned officer, personally appeared Johll S. Dalton, known to me (or satisfactory proven) to b the person whose name is subscribed to the within document and acknowledged that he execut the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. r~ KARISAJ. LEHMAN, NOTARY I'COl; CAIiUSLE BORON" ECXUpMIRBEE~~:~ 25 21l1l i MY COMMISSIO ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF C u mb-f( t)ry-j On this /6fday of nO I/€ mJpr , 2004, before me, the undersi ned officer, personally appeared Margery S. Daltoll, known to me (or satisfactory proven) to b the person whose name is subscribed to the within document and acknowledged that she exec ted the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my lumd and NOTARIAl SEAl IlAABAIlA SUMPLf.SUU.lVAN ' NEWCU:':~~OUGH /..' CUMBERLAND COUNlV CommlsSlon E Nov 15, 2007 --Page 20 of 20-- f-'. .,.-.-. \ . L..,;;;;" C", f'~) r,,) " C'l ---i () -in \ ) JOHN N. DALTON, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYL ANIA v. CIVIL ACTION - LAW MARGERY S. DALTON, Defendant' NO. 03-2128 : IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for ent of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) 3301(8)(1) offhe Dh'erce Code. (Strike out inapplicable section), 2. Date and manner of service of the Complaint: Acceptance Of Service on August 4, 03. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the D orce Code: by Plaintiff: October 28,2004 by Defendant: November 1, 2004 (b) (1) Date of execution of the affidavit required by ~330l (d) of the Divorce Co (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Tra smit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in ~3301 (c) Divorce was filed wit the Prothonotary: November 4, 2004 Date defendant's Waiver of Notice In ~3301 (c) Divorce was filed wit the Prothonotary: November 9, 2004 _.~~'-----" ~ ~;.;>/'. r:J ~/ - ~~ ) ~ -,?: e::-:~ _,~-=- , . Brian C. Bornman, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff P,,) ('" .." en G'~' W".f 1 2 2004 ;J OF CUMBERLAND COUNTY ~~+.~~~~~~~~~~+++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~+++++++.+++++ +++ :+ +++ 'f++++++++-+++++++++ +++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEA STATE OF PENNA. JOHN N. DALTON. No. (' ; u; 1 0, ?1?R Te>rm Plaintiff VERSUS M~FGEFY S. DALTON npfpnn~nt DECREE IN AND DIVORCE cti!.- NOW~ t(':' ?-t!:1f:"" 0"0'" ()k\ : + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 'f+'++++++ DECREED THAT John N. Dalton , PLAINTIFF, AND Margery S. Dalton , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC HAVE + + + + + + + + + + + + + + + + + + + + + BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA YET BEEN ENTERED; NOT ~ , dated November 1, 2004, is incorporated herein, but not m rged, -,,:"-.~.... /~ ~- - _:...~~ ...__ "'~- .~tl:t:Ctl-:-J~ .... -,;';~::... -.:~~. ., ":rJ4 ~~l".;,;-:,,~,","':_<~~ :,~"'. '~i ~" ~.. \"t." .;....::. '__c '2 ~_ ~-- , : -.., :: ~ ....: ; , ' -~': :':.-~ ,7'. '. .;; /- ~- ;-:~ ...::- ,...... ,.;;:;:;~;~-.~ ../'!'-.... .~ ... z;~~ . r ~ ~OTHONO + + + + + + + + + + + , +:+ :+ :+ :+ + :+ :+ :+ :+ :+ :+ ARY + ++ ++.++++++++++++ ++"''1'++ ~ggHgg":i C! T .,++++++++++++'1' ,,,, J. ~~r"~'.Jr <# n-: ~{., N' ~e ,/ &V' __"" IJv 'r? 1>0 tK /I ~[7 :f" 1- tr P' - . ,. ~. ' .- ... ." .".~,. ~ - . ~. ,...., . Plaintiff RECEIVED MAY 12 ZOOV1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNN, DALTON, vs. : CIVIL ACTION - LAW MARGERY S. DALTON, Defendant : NO. 03-2128 CIVIL TERM : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AS STIPULATED BY THE PARTIES The parties having agreed, in writing, to the entry of this Order, and good cause having been shown, it is hereby ORDERED as follows: 1. This Order is intended to be a "Qualified Domestic Relations Order" as defined in Section 414(P) of the Internal Revenue Code of 1986, relating to the provision of child support, alimony payments, or marital property rights, This Order is intended to recognize and create the right of Margery S, Dalton (the "Alternate Payee") to receive a portion of the vested benefits payable with respect to John N. Dalton (the "Participant") under his CCS 401(k) Plan (the "Plan"). The Court retains jurisdiction of the subject matter herein and the parties hereto to enforce the terms of this Order. 2. The full name, last known mailing address, and Social Security number of the Participant are as follows: Name: John N. Dalton Address: 504 Louisa Lane, Mechanicsburg, P A 17050 Social Security No.: 310-60-7420 3. The full name, last known mailing address, and Social Security number of the Alternate Payee are as follows: Name: Margery S, Dalton . Address: 1109 West Powderhorn Road Mechanicsburg, P A 17050 Social Security No.: 231-98-1821 4. The name of the Plan to which this Order applies, and the Sponsoring Employer and Plan Administrator of the Plan, are as follows: Name: CCS 401(k) Plan Address: 212 Locust Street, P.O. Box 1266 Harrisburg, PA 17108-1266 Tax Id No.: 25-1857680 Plan Administrator: Continental Cooperative Services; Joe Nichols- Administrator 5. The amount of the Participant's benefits to be paid by the Plan to the Alternate Payee, the manner in which such benefits are to be paid, and the number of payments or period to which this Order applies, are as follows: An amount equal to THIRTY-SEVEN THOUSAND FOUR HUNDRED TWENTY-EIGHT AND 66/100 ($37,428,66) DOLLARS plus interest or loss since June 30, 2004, of Participant's vested benefits under the Plan shall be distributed in one lump-sum payment to the Alternate Payee as soon as practicable following the date of this Order, such payment to represent the provision of child support, alimony payments or marital property rights to the Alternate Payee. 6. Nothing in this Order shall be construed to require (i) the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) the Plan to provide increased benefits, or (iii) the payment of benefits to the Alternate Payee . . . '. - ' , " which are required to be paid to any other alternate payee under any other Order previously determined to be a Qualified Domestic Relations Order. 7. A certified copy of this Order shall be promptly submitted by the Participant or his counsel to the Plan Administrator of the Plan. 8. Upon receipt of the Order, the Plan shall pay directly to the Alternate Payee as soon as practicable a lump-sum payment of THIRTY-SEVEN THOUSAND FOUR HUNDRED TWENTY-EIGHT AND 66/100 ($37,428.66) DOLLARS plus interest or loss since June 30, 2004, from the vested benefits of the Participant under the Plan. Date: 5/rJ~~ J. / ;14..... ~A, /0' /' ' ""'-<, {<&/P''''~ rian C. Bornman, Esquire AltOrnllJf/" or laintifflParticlpant ...---- ' " /J " iY//,,-- 3'6-0S-' ~ DATE Jo Dalton PlaintifflParticipant ~'~i 1~t ... t. ~ \.'" ~.. ~ '" l I J,r~ , 1-\ ~~\J (' \ 1...,.,\ :f\'il I \ ."'j\ 1,\) V .' ,. -' ..uvv {_, 'r....',. '.1 , '~}'\l ~/~: -- ---.- - . LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 May 12,2005 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: John N. Dalton v. Margery S. Dalton Docket No. 03-2128/ Cumberland County Dear Sir/Madam: / / Enclosed for filing and execution, please find the proposed Qualified Domestic Relations Order for entry in the above captioned matter. The divorce had been signed by Judge Hoffer. Please return the signed Order in the enclosed self-addressed stamped envelope 1 am enclosing for your convenience. Thank you for your assistance. BSS/lh Enclosures / I Barbara Sump Ie-Sullivan cc: Marylou Matas, Esquire (w/encl) Ms. Margery S. Dalton (w/enel)