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HomeMy WebLinkAbout01-03955IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. BONNIE J. SPONTAK, VERSUS Plaintiff N O. 01-3955 RALPH G. SPONTAK, Defendant DECREE IN DIVORCE AND NOW, ~/iG~i(~V1A7"+ 2~ 2001 {T IS ORDERED AND DECREED THAT AND RALPH G. SPONTAK ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR~ I~HIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; N All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated August 2, 2001 and incorporated but not merged into the Decree. BY ATTEST: ~ ~. ~'- ~~- BONNIE J. SPONTAK C J. PROTHONOTARY D~ ~~ ~• ,~ a d. 01- 3 2S5 e~~i~ THIS AGREEMENT, made thi~~~day of , 2001, by and between RALPH G. SPONTAK, hereinafter referred to as "HUSBAND", and BONNIE J. SPONTAK, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 27, 1977, in Pittsburgh, Pennsylvania; WHEREAS, two (2) children were born of this marriage; being Meghan Spontak, bom December 14, 1981 and Andrew Spontak, bom March 7, 1984; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 4 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. ADVICE OF COiI1VSEi_ HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND has chosen instead to negotiate directly with counsel and/or with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and the he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any Final 08/03/01 duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL. RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. To the best of the Fina108/03/01 parties' knowledge, the parties affirm no other joint debts exist. All joint credit cards or other obligations are to be immediately canceled if not done so already. 4. WAiVFR OF APPRAiSAL• AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARiTA~AND NON-MARiTAi. A .TS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital assets and marital assets including but without limitation, jewelry, clothes, furniture, and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and sepazate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 6. REAi. ESTATE The parties own property, as tenants by the entireties, located at 806 Meadow Lane, Final 08/03/01 4 Camp Hill, Cumberland County, Pennsylvania which is subject to a mortgage due and owing to Donegal Mutual Insurance Company with the approximate balance of Fifty Thousand Dollars ($50,000.00). With the execution of the Deed attached as Exhibit "A" simultaneously with the signing of this Agreement, HUSBAND agrees to convey all his rights, title and interest in this real estate to WIFE upon the condition that Wife agrees to assume responsibility for the payment of the unpaid balance of the mortgage, together with any interest, penalties and costs, as well as any other taxes, insurance and any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment of the mortgage or any other debt associated with the real estate by her. HUSBAND has represented that the mortgage will not be called although same is issued through his employer. HUSBAND warrants he knows of no other assessment, liens, or encumbrance relating to said real estate. The parties also owned property as tenants by the entireties located in Stone Hazbor, New Jersey. Said property was sold in 2060 and the proceeds were distributed between the parties to their mutual satisfaction. The parties acknowledge that all capital gains tax liability on said sale was handled in the 2000 joint tax filing year. 7. MOTOR VF:HI('i.EC At the time of the parties' sepazation, WIFE drove a leased vehicle. After separation, WIFE traded in this vehicle and purchased a Honda Accord. HUSBAND waives any claim to WIFE's subsequently titled Honda Accord or any interest or liability in the leased vehicle. Fina108/03/01 The parties also owned a 1997 Bravada at the time of their sepazation. After separation, this vehicle was traded in fora 2001 Honda Civic which was titled in WIFE's name for benefit of the parties' daughter. HUSBAND waives any claim to the subsequently titled Honda Civic. It is WIFE'S intention to transfer the 2001 Honda Civic to the parties' daughter. When in her sole discretion, WIFE shall determine that this transfer shall be appropriate. It is specifically noted that the parties do not intend the terms of this Paragraph to create any specific enforceable rights or entitlements by the parties' daughter to said vehicle unless WIFE shall so determine appropriate. HUSBAND shall have sole title and ownership of the parties' 2000 Bravada. HUSBAND'S vehicle is unencumbered. WIFE waives any claim or interest in said 2000 Bravada. 8. F.MPi,OYM_F.NT /PENSION BENFFIT HUSBAND has various employment/retirement benefits which were acquired through his employer, Donegal Mutual Insurance Company. a. 401k. HUSBAND warrants that all of his retirement benefits from his employment at Donegal Mutual Insurance Company are presently contained in his 401k Plan (hereinafter referred to as the "Pension"). HUSBAND warrants that this account contains a consolidated amount which had been previously designated as his Money Purchase Pension Plan, his Profit Sharing Plan and his 401kSub-accounts. Final 08/03/01 6 The parties agree that WIFE shall receive the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) from HUSBAND'S Pension. Said sum shall be rolled over to WIFE via a Qualified Domestic Relations Order (or QDRO). A copy of the proposed QDRO is attached as Exhibit "B". WIFE'S counsel shall be responsible for the preparation and submittal to the Court of the QDRO. HUSBAND agrees to cooperate fully so that this transfer is completed as expeditiously as possible. The parties agree that said QDRO shall be approved and qualified prior to the entry of the divorce decree in their divorce action. The balance of the Pension shall be HUSBAND's sole and separate property. b. Donegal Group Inc. Stock. The parties agree that WIFE shall receive a total of Nine Thousand Six Hundred (9600) shares of Donegal Group Inc. stock. Of these Nine Thousand Six Hundred (9600) shares, Six Thousand Four Hundred (6400) shall be Class A stock and Three Thousand Two Hundred (3200) shall be Class B stock. HUSBAND shall effectuate this transfer within fifteen (15) days of the execution of this Agreement and said transfer shall be completed in a method not to evoke capital gains tax for WIFE. WIFE hereby waives any and all claims that she may have to any other employment, stock benefits and pension benefit of HUSBAND. 9. BANK ACCOUNTS Each party shall have sole possession of the bank accounts in their own names. Final 08/03/01 10. 2000 iNCOMF. T X~_ RF,FiTNT~ The parties filed jointly for the 2000 Income Tax filing year. The parties agree that they have equally divided the federal tax refund of Four Thousand Eight Hundred Dollars ($4,818.00). The parties further agree that they shall equally divide any refund that is issued as a result of the legislation enacted by the federal government in 2001. 1 L i_.~MP Si M PAYMENT Within fifteen (15) days of the execution of this Agreement, HUSBAND shall pay WIFE the sum of Five Thousand Seven Hundred Sixty Dollars ($5,7860.00). 12. INSLtBAL~LCE Each party shall retain ownership of any life insurance policy in his or her name. HUSBAND, at his sole cost and expense, shall maintain insurance coverage on his life which is equal to the sum of Five Hundred Forty Six Thousand Dollars ($546,000.00). Said coverage shall name WIFE as irrevocable beneficiary and remain in effect for as long as HUSBAND has an obligation to pay alimony pursuant to Paragraph 15 of this Agreement. The parties agree that each year, on the anniversary date of the execution of this Agreement, the amount of coverage of this life insurance which names WIFE as irrevocable beneficiary can be reduced in accordance with the Schedule marked as Exhibit "C" and attached to this Agreement. HUSBAND shall provide proof of compliance with this paragraph to WIFE within thirty (30) days from the execution of this Agreement and on an annual basis on the anniversary date of Final 08/03/01 8 this Agreement each year after until his obligation under this paragraph ceases. HUSBAND shall also, at his sole cost and expense, maintain his AICPA Insurance Trust. HUSBAND understands that his continuation of coverage is necessary for the continuation of life insurance for WIFE through AICPA at her own costs and expense. This can be discontinued only upon (1) expiration of ten (10) years from the date of this Agreement, (2) the mutual consent of the other, or (3) WIFE discontinues her coverage. Each party is free to designate their own beneficiaries for this insurance. 13. MUTiJAi. WAIVER AND REL.EAS_F. OF RiGHTC AND CL.AIM$ ~NFFRRF.D BY THF. PF.NNSYi VANIA DIVORCE ACT OF 1980, AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 14. AFTER ACniIiRF.D PFRSONAi. PROPFRTY__ /PITT TRF FARNiNGS Each of the parties shall hereafter own and enjoy independently of any claim or right of Final 08/03/01 9 the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. Ai,IMONY, SUPPORT AND MAINTF,NAN A. Amount and Term: HUSBAND shall pay WIFE, for her separate support and maintenance, the following sums in accordance with the following terms: 1. Commencing on the date of divorce and continuing for three (3) years thereafter, the monthly sum of Four Thousand Dollars ($4,000.00) per month; 2. After completion of the payments contained in paragraph 15a., HUSBAND shall pay the sum of Four Thousand Five Hundred Dollars ($4,500.00) per month for a period of three (3) years; After completion of the payments contained in paragraph 15b., HUSBAND shall pay the sum of Five Thousand Dollars ($5,000.00) per month for a period of four (4) years; B. Termination of A_ limonT Said payments shall terminate upon the first to occur of one of the following events: 1. Death of Wife; 2. Death of Husband; 3. Wife's remarriage or cohabitation; or 4. The completion of the payments outlined above. C. Modification of AlimonT: The alimony provisions contained herein have been negotiated to take into account the parties' overall economic circumstances and were agreed to by both parties with the specific understanding that the amount thereof shall not be subject to modification except for the extraordinary reasons identified in this subparagraph. This Final 08/03/01 1 0 understanding was an inducement and condition precedent to the execution of the overall Agreement. The parties agree that the amounts set forth in pazagraph 15 A above may be modifiable only if Husband incurs a 20% involuntary reduction, through no fault of his own, of his gross annual income, which HUSBAND indicates is presentlyTwo Hundred Fifty Four Thousand Dollars ($254,000.00). If this reduction occurs, the parties agree to renegotiate the amount of alimony. In the event that the parties cannot reach an agreement, the new amount shall be determined by the Court of Common Pleas of Cumberland County. In such event, HUSBAND agrees to pay any and all costs incurred by WIFE, including but not limited to filing costs and reasonable attorney fees and expenses, associated with the modification of the alimony provisions contained herein. It is agreed that the term of the alimony shall not be modifiable. D. Taxahili y o~,ymentc: It is the understanding of the parties that these payments will be fully deductible for HUSBAND for Federal Income Tax purposes and includable as income for WIFE. E. Method of Payment and F.nforceahility~ HUSBAND shall make these payments directly to WIFE. Payments will be due the first day of each month during the term of this Agreement. The parties agree that, in the event HUSBAND does not make a payment within five (5) days of the due date, this Agreement shall be in default. WIFE shall be entitled to refer Fina108/03/01 1 1 this Agreement to the Domestic Relations Section of the Court for entry of an order in accordance with the terms of this paragraph. The entry of the Order is for collection and enforcement purposes only. HUSBAND shall pay in full all costs, including counsel fees, incurred by WIFE to enforce this Agreement in the event of his default. 16. ATTORNRY~, COSTS AND EXPF~NCEC HUSBAND agrees to reimburse WIFE one-half (1/2) of the monies she has expended in attorney fees, costs and expenses, including the filing fee for the divorce complaint and drafting of the QDRO within seven (7) days of presentation of a copy of the invoices by WIFE until the matter is concluded. HUSBAND'S total share shall not exceed Two Thousand Five Hundred ($2,500.00). 17. CUSTODY AND VISITATION HUSBAND and WIFE shall have shared legal custody of the parties' minor child. Primary physical custody of the children shall be in WIFE. HUSBAND shall have flexible rights of physical custody, as the parties and children can agree. 18. CIiIi.D S~iPPORT HUSBAND agrees to pay the sum of One Thousand Four Hundred Dollars ($1,400.00) per month as child support of the parties' minor child, Andrew, which payments shall commence and fall due thereafter on the first day of each an every month. Child support shall terminate upon Andrew's graduation from high school or upon Andrew's leaving high school; however, if Fina108/03/01 1 2 Andrew leaves high school prior to his 18"'birthday, support will then terminate on his 18`h birthday. This sum is subject to review and modification by the Domestic Relations Office of Cumberland County upon petition of either party. 19. OTHF,R OBLiC~ATION~ HUSBAND shall be solely and entirely responsible for Andrew's tuition, room and board, books, uniforms and other expenses during his enrollment at Valley Forge Military Academy. HUSBAND shall carry medical insurance coverage on both children for as long as they qualify as a dependant under HUSBAND'S employer provided health insurance. HUSBAND shall be solely responsible for all unreimbursed medical expenses for both children during this time. The parties's oldest child, Meghan, is presently attending college. It is the parties' desire and expectation that their youngest child will either attend college or further his education beyond high school. The parties agree that the monies from the children's Fidelity and Savings accounts shall be used for the payment of the children's post-high school education and HUSBAND shall provide an accounting of same to WIFE on an annual basis. If any sums are left after payment of the educational expenses, it shall be divided equally between the parties. Fina108/03/01 1 3 20. TAX RF_T~TRIVC The parties agree that in the future, if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party that failed to declare taxable income or wrongfully took a deduction and shall be paid solely by that person and hereby covenants and agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the failure to declare income or the wrongful deduction on any past tax return. 21. ST_?B~ES~ii_FNT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to execute at the expiration of ninety (90) days from service of the complaint and the qualification of the QDRO by the Plan Administrator, the appropriate affidavits and consents to Final 08/03/01 14 secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 22. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 23. MILTUAi. WAIVER AND REi.FA . OF Ri HT4 AND CL.AiMC IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to shaze in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other pazty's estate. 24. MUTiiAi~RFL.EASF. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property Final 08/03/01 1 5 (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 she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of 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 and rights which HUSBAND or WIFE may have or at any time hereafter have for the 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. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by Fina108/03/01 16 the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 25. SUCCESSOR'S RIGHTS AND L.iABI .II TIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 26. S .RABi .ITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. Fina108/03/01 1 7 27. ENTIRF, A RF. .NT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be chazged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 28. BINI2iNG EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 29. $RFACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. Fina108/03/01 18 30. S'ONTROLL.ING L.AW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 31. CONDiTiON PRECEDENT TO THF. AC~RF.ENiFNT'4 F.FFF.CTI .NF The parties acknowledge that this Agreement shall become effective when actually signed by both parties, RA .SPONTAK 1 pSJ07t//L(~ ~.xy,Q~J1~, ,f a BONNIE J. 5P NT Z Final 08/03/01 19 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF~~-~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RALPH G. SPONTAK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ~ ~'~ day oF~~-~' 2001. ~O \ NOTARY PUBLIC My commission xpire O. Smilh~Notary PuWio (SEAL) Marietta, Lancaster Courny My Commission Expires dan. 10, 2~ COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared BONNIE J. SPONTAK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. to before me this ~~~day of G~ 00 . NOTARY PUBLIC My commission expires: 8a~e ~. (SEAL) Fina108/03/01 2 0 ~Xh~h~~ q EXHIBIT "A" THIS DEED MADE THE _ day of , 2001. BETWEEN RALPH G. SPONTAK and BONNIE SPONTAK, his wife, herein designated as the Grantors, AND BONNIE SPONTAK, of Camp Hill, Cumberland County, Pennsylvania, herein designated as the Grantee; WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt whereof is acknowledged, Grantors do hereby grant and convey to Grantee, her heirs and assigns. ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point in the center of Meadow Lane, which point is 216.5 feet North of the center line of Foxcroft Drive (formerly Farm Lane); thence South 74 degrees 30 minutes West a distance of 250 feet to a point, the land now or formerly of F. Pertsch; thence North 15 degrees 30 minutes West a distance of 200 feet to the southern line of Lot No. 10 on the Plan hereinafter mentioned; thence North 74 degrees 30 minutes East 250 feet to the center of said Meadow Lane; thence South 15 degrees 30 minutes East through the center of said lane, 200 feet to a point the place of BEGINNING. BEING Lots Nos. 6 and 8 on the Plan of Brentwater as recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 93. HAVING THEREON ERECTED a dwelling house known as and numbered 806 Meadow Lane. ALSO UNDER AND SUBJECT NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. BEING the same premises which Bonnie M. McCall, a single individual, by deed dated July 18, 1986 and recorded July 28, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book B32, Page 313, granted and conveyed unto Ralph G. Spontak and Bonnie Spontak, his wife, the Grantors herein. THIS TRANSFER IS EXEMPT FROM TRANSFER TAX AS THIS TRANSFER IS FROM HUSBAND AND WIFE TO WIFE TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and to Grantee's proper use and benefit forever. AND the Grantors, for their self, their successors and assigns, does covenant, promise and agree, to and with the said Grantee, her heirs and assigns, by these presents, that the said Grantors, their successors and assigns, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantee, her heirs and assigns, against them, the said Grantors and their successors and assigns, and against all and very person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will SUBJECT as aforesaid, FOREVER SPECIALLY WARRANT AND DEFEND. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed, and Delivered In the Presence of WITNESS WITNESS RALPH G. SPONTAK BONNIE SPONTAK 2 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTYOF ) On this day of , 2001, before me, a Notary Public, the undersigned officer, personally appeared, to me to be the person whose name is Ralph G. Spontak subscribed to the within instrument, and acknowledge that he executed the foregoing DEED in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commmission expires: (SEAL) COMMONWEALTH OF PENNSYLVANL4 ) SS. COUNTY OF ) On this day of , 2001, before me, a Notary Public, the undersigned officer, personally appeared, to me to be the person whose name is Bonnie Spontak, subscribed to the within instrument, and acknowledge that she executed the foregoing DEED in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires: (SEAL) I hereby certify that the precise residence of the Grantee is: Bonnie Spontak $06 Meadow Lane Gamp Hill, PA 17011 3 ~, COMMONWEALTH OF PENNSYLVANIA ) SS COUNTYOF CUMBERLAND ) Recorded in the Office for Recording of Deeds in and for in Deed Book ,Page ,Volume Witness my hand and Seal of Office this day of 2001. Recorder 4 lkl\b'L J EXHIBIT "B" . ~~ t Barbara Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3955 RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE OUAL.IFiED DOMESTIC' RF,LATIONS ORDER AND NOW, this day of , 2001, based on the findings set forth herein, it is hereby ORDERED and DECREED as follows: 1. Parties: The parties hereto were husband and wife and divorce action is in this Court at the above number. The Court has personal jurisdiction over the properties. The parties were married on August 27, 1977. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" are: Name: Ralph G. Spontak Address: 1876 Gramercy Place, Hummelstown, PA 17036 Social Security No.: 187-44-7920 Birth Date: June 3, 1952 _~,,,: „ , 3. Alternate Payee: The name, last known address, social security number and date of birth of the "Alternate Payee" are: Name: Bonnie J. Spontak Address: 806 Meadow Lane, Camp Hill, PA 17011 Social Security No.: 206-44-2987 Birth Date: October 20, 1954 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Donegal Mutual Insurance Company 401K (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and 2 ~~ ' ~1 ro recognizes the existence of an Alternate Payee's right to receive a portion of Participant's benefits payable under the Plan. It is the intention of the parties hereto that this Order meets the requirements of a Qualified Domestic Relations Order (QDRO) under § 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be administered and interpreted in conformity with ERISA and the Internal Revenue Code. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. Pursuant to the laws of the Commonwealth of Pennsylvania, a portion of Participant's entitlement in the Plan is marital property. 7. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Bene£t: The Alternate Payee is hereby awarded from the vested portion of the Participant's accounts under the PLAN the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) plus any increase on same from the date of the Order until the transfer of these monies, which amount shall be segregated from the Participant's accounts under the Plan and paid to the Altemate Payee in the form of a duect transfer to an IRA Account as soon as administratively practicable following the receipt by the Plan Administrator of a certified copy of this Order, as entered, the determination by the 3 , ~ ~ i ( ) i Plan Administrator that this Order constitutes a qualified domestic relations order and all appropriate forms necessary to accomplish the transfer to the IRA Account. 9. Loans. Participant has no loans against his benefits in the Plan. 10. Alternate Payee's Destination Account: The funds being transferred to Alternate Payee shall be transferred to the following account: Account Name: Account Number: Account Address: Since this transfer is to a qualified account, said transfer is anon-taxable event. 11. Death of Alternate Payee: In the event of the death of the Alternate Payee after the assignment hereby to the Alternate Payee of the aforementioned amount but before said amount is paid to the Alternate Payee, the amount shall be paid to the heirs of Alternate Payee, who are hereby designated as the Alternate Payee's death beneficiaries. 12. Participant has no other alternate payees with respect to the Plan under any other QDRO. 13. This Order is not intended, and shall not be construed in such a manner as to require the Plan to provide any type or form of benefit option not otherwise provided under the terms of the Plan. 1 ~ 1 J IT IS FURTHER ORDERED that a true copy of this Order be served upon the Plan Administrator, and that this Order shall take affect immediately and shall remain in affect until further Order of the Court. This Court shall retain jurisdiction to modify the same until the sum is transferred as a Qualified Domestic relations Order. Entered this _ day of , 2001. BY THE COURT, J. , ~~ . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 . ~• . BONNIE J. SPONTAK, Plaintiff v. RALPH G. SPONTAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3955 CIVIL ACTION -LAW IN DIVORCE AND NOW, to wit, this day of , 2001, the parties in the above-referenced action do hereby agree that the attached Qualified Domestic Relations Order shall be entered as an Order of Court. Witness RALPH G. SPONTAK Witness BONNIE J. SPONTAK I ~ ~ ~ ~ i • y M ~ AMOUNT OF LIFE INSURANCE REQUIRED Coverage Amount Within 15 days of execution of Agreement $546,000.00 1S1 Annual Anniversary of execution of Agreement $498,000.00 2"a Annual Anniversary of execution of Agreement $450,000.00 3`a Annual Anniversary of execution of Agreement $402,000.00 4`h Annual Anniversary of execution of Agreement $348,000.00 5`h Annual Anniversary of execution of Agreement $294,000.00 6"' Annual Anniversary of execution of Agreement $240,000.00 7a' Annual Anniversary of execution of Agreement $180,000.00 8`h Annual Anniversary of execution of Agreement $120,000.00 9`" Annual Anniversary of execution of Agreement $60,000.00, EXHIBIT C < e '~ Y ~ ~ ~ v~~ O d O N ~.I ~n7 CJ7 W r> c__ ~ - _ C) 4~ ` ~" ~ ~~ _~ ~_:. v ~:. r.. ~: '- --;, -'cj y, .'''' ~= - ca ~-_i ,~ ~ .:~ ra { , oar Bazbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 !7171774-1445 BONNIE J. SPONTAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RALPH G. SPONTAK, Defendant NO. 01-3955 CIVIL ACTION -LAW IN DIVORCE P1tAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on July 3, 2001. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff December 12, 2001; by Defendant December 18, 2001. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated August 2, 2001 and incorporated, but not ixrerged into the Decree. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 27, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 27, 2001. ,/'~ Dated: December 27, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3955 RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on thisi date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Ralph G. Spontak 1100 Woodridge Drive Middletown, PA 1'l0"5 i DATED: December 27. 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 ~ ~ ~ o ~~ mtr; "~ - Y, c s ~~ d ~ C ~n <a rv ..,a ,, t-~ n ~~- j. ,J .b ~ ;.~ Ljrn -~ ~-~ ~ W G cn < ClY c/y <' ~~ ~~ Bazbaza Sumple-Sullivan, Bsquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 BONNIE J. SPONTAK, Plaintiff v. RALPH G. SPONTAK, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OI - .~~ CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT 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 maybe entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BONNIE J. SPONTAK, Plaintiff v. RALPH G. SPONTAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O[- 395' ~~ j~ CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Bonnie J. Spontak, an adult individual residing at 806 Meadow Lane, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Ralph G. Spontak, an adult individual residing at 1876 Gramercy Place, Hummelstown, Dauphin County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 27, 1977, in Pittsburgh, Pennsylvania. 5. There are children born of this marriage, namely Meghan Spontak (born December 14, 1981) and Andrew Spontak (born March 7, 1984). 6. The parties separated on July 1, 2000. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is 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 the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I -DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. Dated: June Z 001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court LD. No. 32317 Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. d L- u' ~ ~~ l~+t-V ~u-'--' RALPII G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT R.EGARDINC COLINSELLN 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: a 6 D / l~J~ivn-C_2~ ~ ~ ~ /r BONNIE J. SP T Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BONNIE J. SPONTAK, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, BONNIE J. SPONTAK, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: a ~ , 2001 ,~J~~, L~„~(,~,~-~7c~/~ BONNIE J. O TAK Barbara Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 BONNIE J. SPONTAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RALPH G. SPONTAK, Defendant NO. 01-3955 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 26, 2001. 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 if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: l a I a~ 0 I ~J/ht~n..~IL ~ ~!/-h.~-`'~ BONNIE J. SPONT K C ~ C'i { 'per C? T; ._`.1 7 ~~; ~ ,~r ~~= a, :c~ ~> ~ Ey w ; =; ~, ca ~ ~~ O Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New (,tilmberland, PA 17070 (717) 7"74-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3955 RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 26, 2001. 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 if I 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: DATE: RA H G. SPONT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RALPH G. SPONTAK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief. ~~ye~'"""~20 Affirmed and subscribed to before me this ~ day of Ol. c / ~ NOTARY PUBLIC Ivly Commission Ex Tres: NOTARIAL. SEAL (SEAL) Sher) O. Smith, Notary Publb Marietta, Lancaster County MY Commission Expires ~f1. 10, X06 a n "y7 ~ '~ ,~, ~ ~ v~2. N .,. ,__..,,_. _ ~~ ~V A ~ `D ~ C ? _ ~r ~ ' ~ ~a .~~ `r n :3 v 'f~ii . Phi C'7 :jl >- t j mar,; Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3955 RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33010 OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. 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. §4904 relating to unsworn falsification to authorities. DATE: l a `/ o f C1 ~ ~jG~vt.~-~~ ~..y~p~~~ BONNIE J. SPO TA ~-? c~ ~~ ~ - ~„r_ - , _ ~.,; ~ ~ _,, '~ _- ~ ~~_ C -~; y ,~ _ C ~ ' ~` y ~ '- e~; +, ivy G ~ ~~ `~ K ~~ZJ„1 to .; Barbara Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3955 RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RF,~UEST ENTRY OF A DIVORCE DE REE NDER §3301(c) OF THE DIVORCE CODE 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. §4904 relating to unsworn falsification to authorities. DATE: RAL G.5PONT { .~ COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RALPH G. SPONTAK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE are true and correct to the best of his knowledge, information and belief. 1~~ ~ ~ ~~ Affirmed and subscribed to before me this ~ ~ ~ day of `° "`"' ; 2001. NOTARY PUBLIC MyCommissi xpires:NpTAR1AlSt'cAL tl O. t3mitl6 Notary Pub (SEAL) MY p mid ~cPJ~ 10~ ,~, Qd~u~` S~'r{~t^al Ktr' .~ heef!~ c.7 "~ .. ~ ~: ~ ~~ { ~ ~' ~ti `~ - ~~7 -'`~ :.J ~~ ITl `J ~~ '~ G) -C Y Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 BONNIE J. SPONTAK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3955 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the RALPH G. SPONTAK, :CIVIL ACTION -LAW Defendant : IN DIVORCE Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3219, Return Receipt Requested, on the above- named Defendant, Ralph G. Spontak, on July 3, 2001 at Defendant's last known address: 1876 Gramercy Place, Hummelstown, PA 17036. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: July 6, 2001 Barbaza Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court 1D #32317 Attorney for Plaintiff ,,~ ~ ~- _ r~ N HUMPlEL5TD4lN F'A 17D36 m fLl Postage $ SD.~J O- ~ Certitietl Fee m ReNrn Receipt Fee =~ ~ (Endorsement Required) RL i Restrictetl delivery Fee ~ (Endorsement Required) $ 57,±5 4 Total Postage & Fees O ' ~ Reci "ant Name (PIe/gse Prin lead ___________ _______ Vl_'__... ____. ~ Streef A t N .; or PO No. --- ~ ---7~-- -- ----------~---- p City, te, ZIP+4 '~InplBie'liegrs.y c,wglu ... r.,~...,..~..r.___ ,,_+~ i~in 4 if Restricted Delivery Is desired. .. ~~ @ilapt-your nameantl~address on the reverse sf~ thaY-we can return tlae~ia¢d to you: ,RYFtach this card to the back of the mailpiet:e, or on the front if space permits: 1. ArtliQc~l~elA~~ddLrefspised to: ; !~'Ifi, ~~ ~ 70c3~ ~~~ .~ UD7D D. Is delivery address If YES, enter tleliv ^ Agpl~ ® Yes ail ^ Express Mail Registered ^ Return;Receipt for Merchandise ^ Insured Mail ^ C.O.D. EXHIBIT "A" .. ,~, ~,~ .~" -~ ~_ © - -. ~_:~: -~, ~ - :p_ r Z ~.. i. (l1 3 ~s ~~ J . '. BONNIE J. SPONTAK, Plaintiff v. RALPH G. SPONTAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3955 CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER s., AND NOW, this a~~ day of ~} ,~~001, based on the findings set forth herein, it is hereby ORDERED and DECREED as follows: 1. Parties: The parties hereto were husband and wife and divorce action is in this Court at the above number. The Court has personal jurisdiction over the properties. The parties were married on August 27, 1977. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" are: Name: Ralph G. Spontak Address: 1876 Gramercy Place, Hummelstown, PA 17036 Social Security No.: 187-44-7920 Birth Date: June 3, 1952 .., 3. Alternate Payee: The name, last lrnown address, social security number and date of birth of the "Alternate Payee" are: Name: Bonnie J. Spontak Address: 806 Meadow Lane, Camp Hill, PA 17011 Social Security No.: 206-44-2987 Birth Date: October 20, 1954 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Donegal Mutual Insurance Company 401K (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Altemate Payee's right to receive a portion of Participant's 2 ,., benefits payable under the Plan. It is the intention of the parties hereto that this Order meets the requirements of a Qualified Domestic Relations Order (QDRO) under § 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be administered and interpreted in conformity with ERISA and the Internal Revenue Code. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. Pursuant to the laws of the Commonwealth of Pennsylvania, a portion of Participant's entitlement in the Plan is marital property. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: The Alternate Payee is hereby awarded from the vested portion of the Participant's accounts under the PLAN the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) plus any increase on same from the date of the Order until the transfer of these monies, which amount shall be segregated from the Participant's accounts under the Plan and paid to the Alternate Payee in the form of a direct transfer to an IRA Account as soon as administratively practicable following the receipt by the Plan Administrator of a certified copy of this Order, as entered, the determination by the Plan Administrator that this Order constitutes a qualified domestic relations order and all 9. 10. 11. 12. 13. appropriate forms necessary to accomplish the transfer to the IRA Account. Loans. Participant has no loans against his benefits in the Plan. Alternate Payee's Destination Account: The funds being transferred to Alternate Payee shall be transferred to the following account: Account Name: Merrill Lynch Account Account Number: 872-83691 Account Address: 214 Senate Avenue, Suite 501 P.O. Box 0810 Camp Hill, PA 17001-0810 Since this transfer is to a qualified account, said transfer is anon-taxable event. Death of Alternate Payee: In the event of the death of the Alternate Payee after the assignment hereby to the Alternate Payee of the aforementioned amount but before said amount is paid to the Alternate Payee, the amount shall be paid to the heirs of Alternate Payee, who are hereby designated as the Alternate Payee's death beneficiaries. Participant has no other alternate payees with respect to the Plan under any other QDRO. This Order is not intended, and shall not be construed in such a manner as to require the Plan to provide any type or form of benefit option not otherwise provided under the terms of the Plan. 4 IT IS FURTHER ORDERED that a true copy of this Order be served upon the Plan Administrator, and that this Order shall take affect immediately and shall remain in affect until further Order of the Court. This Court shall retain jurisdiction to modify the same until the sum is transferred as a Qualified Domestic relations Order. Entered this~day of U~, 20 0 l . n~'IM~'itlkSPdh!~c~ i ~i -.-, .; ~, i1.... ,_ ~'~_,~ .. BONNIE J. SPONTAK, Plaintiff v. RALPH G. SPONTAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COLTNTX, PENNSYLVANIA NO. 01-3955 CIVIL ACTION -LAW IN DIVORCE ACKNOWLEDGMENT OF PARTIES TO ENTRY OF STIPULATION FOR AN O ER OF COURT AND NOW, to wit, this ~/ day of _2001, the parties in the above-referenced action do hereby agree that the attached Qualified Domestic Relations Order shall be entered as an Order of Court. Witness AI I G. SPONT BONNIE J. SP NT Q ~~ t~ GJ ; ~ _r~ ` ~.;ii : -1 ~_ ~_!~ y~ ~ ~~lie J, ~~ ~~ .~~ ~~ ~~ ~O