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HomeMy WebLinkAbout99-01407 ~ ~N''''I-N'l+I''''M'l-l>l...N'NoW40!oN+!olofol+l+,.t+l'-!+!+!+!-H+N*I~#W>cW'I'I';'I';-!oj: . IN THE COURT OF COMMON PLEAS OFCUM8ERLANDCOUNTY .~ STATE OF ~ PENNA. Deborah J. Smith Plaintiff No. 99 .-I4m- VERSUS -Rooakl-W...Smilh DeleRdant DECREE IN DIVORCE . . . AND NOW. if ;.,l rpPt. ~V. IT IS ORDERED AND ; DECREED THAT Deborah r Smith . PLAINTIFF. AND Ronald W. Smith . DEFENDANT. . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . AJI) ~ _ , , . . . . . J. ~ ZI~ ( PROTHONOTARY ~ ~ " . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.IN DIVORCE DEBORAH J. SMITH, Plaintiff vs. No. 99.1407 RONALD W. SMITH, Defendant MARITAL PROPERTY SETTLEMENT AGREEMENT 1. This agreement is made and concluded this .~day of~ 2004 by and between Deborah J. Smith, hereafter referred to as "Plaintiff" and Ronald W. Smith, hereafter referred to as "Defendant". 2. WITNESSETH: 3. WHEREAS, the parties are HUSBAND AND WIFE; 4. WHEREAS, unfortunate and irreconcilable difference have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and 5. WHEREAS, the parties have agreed on a settlement of all property rights and differences existing between them. ~~ 6. WHEREAS, the parties intend this agreement to be a full, complete, and valid Postnuptial Agreement, providing for the absolute and final settlement of all They're respective property rights and all claims for spousal support, alimony pendente lite and alimony. 7. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowledged, the parties being advised and represented by counsel, mutually agree as follows: 8. NO.FAUL T DIVORCE UNDER SECTION 3301 (c) OF THE DOMESTIC RELATIONS CODE OF PENNSYLVANIA. Plaintiff and Defendant agree that Plaintiff shall secure a no fault divorce based upon the irretrievable breakdown of their marriage. PLAINTIFF AND DEFENDANT further agree to execute their respective affidavits of consent under section 3301 9c) of the Domestic relations Code of Pennsylvania, Waivers of Notice of Intention to Request Entry of Divorce Decree, and to execute any documents necessary under existing rules of Pennsylvania Civil Procedure and local rules of the Court of Common Pleas of Cumberland County, in order to allow Plaintiff to file all such documents in the Court of Common Pleas of Cumberland County, PA. Neither Plaintiff nor Defendant shall either directly or indirectly permit the withdrawal of their respective affidavits of consent or of any and all other documents executed by Plaintiff and Defendant subsequent to the execution of the documents. 13. MOTOR VEHICLES. Each party shall be responsible for all payments. Insurance, fuel and related expenses on all vehicles that they own or lease both during this proceeding and after the entry of judgment. 14. DIVISION OF SAVINGS AND CHECKING ACCOUNTS. All joint savings and checking accounts have been closed, All savings and checking accounts in the individual names of the Plaintiff and Defendant shall remain the separate property of each, independent of any claims or rights of the other. This provision is inclusive of any Certificates of Deposit that may be in the individual names of the parties. 15. MEDICAL INSURANCE. The defendant shall continue to carry medical Dental and optical insurance (as provided by his employer) on the minor children of this marriage. The Plaintiff shall be responsible to secure and pay for her own Medical, dental and optical insurance after the entry of this agreement. The Defendant Shall make COBRA benefits available to the Plaintiff if requested by her. 16. DEBTS. The parties stipulate and agree that there are no other debts arising from this marriage other than the ones herein mentioned, It is further stipulated and agreed that any debt that is incurred by either party after the filing of this Post Nuptial Agreement shall be the exclusive responsibility of the party incurring the debt. 17. RETIREMENT ACCOUNTS. The parties agree that the Defendant shall Convey to the Plaintiff 50% of his retirement account as of June of 1999, It Is Stipulated between the parties that this sum is calculated to be $24,424.15 The Defendant shall convey all necessary paper work to transfer Plaintiffs Percentage of this account prior to the entry of this property settlement Agreement. 18. TAXES, TAX RETURN, REFUNDS. The parties agree that they have filed or will file individual Federal, State and Local tax returns. The Parties further stipulate that if there is any local, state of Federal Tax responsibilities due and owing by the parties up and through the filing of this property settlement agreement, it shall be the responsibility of the Defendant. 19. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. The parties stipulate and agree that the Plaintiff shall receive and the Defendant shall pay the sum of $917.78.00 per month in alimony for a period continuing through January of 2006. 20. ADVICE OF COUNSEL, PROPERTY RIGHTS The provisions of this agreement and their legal effect have been fully explained to the parties by their respective legal counsel. The parties acknowledge that they have mutually worked to construct this agreement and agree with the terms as presented herein. More specifically, each understands that if either party had proceeded with an aclion In Divorce, under Pennsylvania law, the marital property of the parties would have been divided by the Court based on the following factors: a, The length of the marriage, b, Any prior marriage of either party, c, The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties. d. The contribution by one party to the education, training or increased Earning power of the other party. e. The opportunity of each party for future acquisitions of capital assets and income. f. The sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits, g, The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property. h. The standard of living of the parties established during the marriage. i. The economic circumstances of each party at the time the division of property is to become effective. 21. ADVICE OF COUNSEL. ALIMONY. Further, each party has had explained to him I her that if either had proceeded with an action in Divorce, under Pennsylvania law, the appropriateness of awarding alimony to one of the parties would have been determined by the court, based upon the following factors: a. The relative earnings and earning capacities of the parties. b. The ages and physical, mental and emotional conditions of the parties. c. The sources of income of both parties, Including but not limited to medical, retirement, Insurance or other benefits. , d. The expectancies and Inheritances of the parties. e. The duration of the marriage. f. The contribution by one party to the educa:lon, training or increased earning power of the other party. g. The standard of living of the parties established during the marriage. h. The relative assets and liabilities of the parties. I. The property brought Into the marriage by either party. j. The relative needs of the parties. k. The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its final decision relative to alimony. /. The Federal, State and local tax ramifications of the alimony award. m. Whether the party seeking alimony is incapable of self-support through appropriate employment. Each party has also had explained to him I her that if an Order for Alimony had been entered by the court, the court would have determined the amount of the payments, the duration of the payments, and that the payments would be subject to modification or termination based upon changed circumstances, cohabitation, remarriage or death. Each party confirms that she or he fully understands the factors regarding equitable distribution and alimony under the Divorce Code of Pennsylvania, that each waives her I his rights to have the Court equitably divide their marital property or determine the appropriateness of alimony, and that each fully understands the terms, conditions and provisions of this Agreement, and finds them to be fair, just, equitable and reasonable under the existing circumstances. The parties further confirm that each Is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement. 22, BREACH If either party breaches any provision hereof, then the Non-breaching party shall have the right, at his or her election, to sue for damages for the breach, or seek such other remedies or relief as may be avaitable to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her right under this Agreement. It is expressly understood and agreed by and between the parties that this Agreement may be specifically enforced by either the Plaintiff or the Defendant in a Court of Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of the court on the ground that there is an adequate remedy at law. The parties do not intend or purport to improperly confer jurisdiction on a court in Equity by their Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements as outlined herein. 23. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set apart herein either now or in the future as the separate property of either the Plaintiff or Defendant and all property now owned by or titled to the Plaintiff or to the Defendant Individually and all property acquired by Plaintiff or Defendant individually at anytime after the execution of this Agreement shall remain the separate property of that party and shall under no circumstances be considered or construed to be marital property as that term is used in the Pennsylvania Divorce Code and as such shall not be subject to equitable distribution. This agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provision concerning equitable distribution as that term is used In the Pennsylvania Divorce Code. 24. DISCLOSURE, Each party agrees and represents that he or she has made a full and complete disclosure to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made. 25. DIVORCE. It is the understanding of the parties that their marriage is irretrievably broken, and each warrants and represents to the other that he or she will acknowledge to the Court of Dauphin County that his or her marriage to the other is irretrievably broken and each will consent to the courts decree divorcing them from the bonds of matrimony as a condition to the performance of this Agreement. 26. EQUITABLE BINDING PROPERTY AGREEMENT. The parties agree and acknowledge that this Agreement affects an equitable distribution of the parties marital property in a manner which is satisfactory to each. This agreement may be incorporated into the final decree of divorce in any divorce action which may be pending between the parties. This Agreement shall not be merged in any such decree, but shall survive the decree and be forever binding upon the parties. 27. TRANSFERS AND PAYMENT CONTINGENT UPON THE ENTRY OF A DECREE OF DIVORCE, It is specifically understood and agreed by and between the parties that the conveyances, transfers and assignments of real and personal property are all made contingent upon the entry of a valid and final decree in Divorce severing and terminating the marriage relationship between the parties. 28. INCORPORATION IN JUDGMENT FOR DIVORCE. In the event either the Plaintiff or the Defendant at any time hereafter obtains a divorce in the cause presently or hereafter pending between them, this Agreement and all of its provisions may be incorporated for the purposes of enforcement only, but not merged, into any such judgment for divorce, either directly or by reference. The Court, on entry of the judgment for divorce shall retain the right to enforce the provisions and the terms of the Agreement. 29. COUNSEL FEES. The parties shall be responsible for their own attorney fees. 30. LIFE INSURANCE. The parties agree to provide mutual life insurance Policies until the youngest children of the marriage graduate from high school. The plaintiff's life insurance policy which she has provided for the benefit of the Defendant may be described as CUNA MUTUAL policy #000045032239. The amount Of the policy is $45,000.00 and the defendant has been named as beneficiary of this polir.y. The defendant has acquired a life insurance policy through Cunningham Lindsey U.S. This may be described as policy # 40887. The plaintiff is currently listed as a beneficiary of a portion of this coverage in the amount of $25,000.00. Each party shall provide to the other that both policies have been purchased and the annual premium has been paid before the entry of judgment. 31. PERSONAL RIGHTS. Each party shall be free from all interference. authority and control, direct or indirect, by the other. as fully as if he or she were single and unmarried. Neither party shall disturb, malign or molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. or to interfere with the occupation, friendships, society, or acquaintances which either of the parties may choose to have from this day forward. 32. EXECUTION OF DOCUMENTS. Each party shall, upon the reasonable request of the other party or his or her designee, promptly make. execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 33. PARTIAL INVALIDITY. If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 34. WAIVER OF ESTATE CLAIMS. Each party hereby waives, releases. and relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including but not limited to the following: (a) To elect or take against any will or codicils of the other party, now or hereafter in force. (b) To share in the other party's estate in the case of Intestacy. (c) To act as executor or administrator of the other party's estate. (d) To be the beneficiary of any stock account, bank account, life insurance policy, pension, 401 (K), profit sharing, or other retirement account. 35. SITUS. This agreement shall be construed and governed in accordance with laws of the Commonwealth of Pennsylvania. 36. CONSTRUCTION. This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated in the preparation thereof. 37. ENTIRE AGREEMENT. This agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 38. REPRESENTATION. Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and liabilities of each and that each hereby certifies he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances. 39. BINDING EFFECT. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as may be otherwise herein provided. 40, MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to Insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 41, ENFORCEMENT. The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, when any problem arises. 42. PURPOSE. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained. The provisions of this Agreement are intended to consider, determine, and distribute all assets of the parties as a part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights. This agreement is not intended to be a mere Separation Agreement. 43. INTENTION. Each of the parties intends to be legally bound hereby and this Agreement shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto. 44. INCORPORATION BY REFERENCE. This Marital Property Settlement ,... M ,"" ~ ., h - , - lIJ"'. - (,2;. ;':: l~..~ -c '!-.I... 'I';,~ 'I) Cl('. I LlIU_ ,.. fLLLJ <.J r~ 0 l5 -~ t:') (;:..;.l ,..) N , .'- In ~;: ,- ,... , .. '-.~ UI~"? - (..)-. - - f~~ ) -..:: 'J~ r1 - &\:::! "" . . ~.1 "JQ , iI!LI J 0- j!;; <..> .'./,. 0 !.:: "- ~, !i ":' ~-' 0 <..l -, . . , .' ~....~ ORDER A. AS REFERENCED ABOVE, it is intendtd that this Order will qUlllfy as a Qualified Domtstic Relations Order under the Rellrement Equity AcL B. The court retains jurisdiction to amend this Order for the purpose of establishing or maintaining its qualification as a QDRO, providtd that no such amendment shall require the Plan to provide any type or form of benefit, or Iny option, not otherwise providtd under this Plan and further provided that no luch amendment or the right of the court to so amend will invalidate this Order al "qualified" under the act, C. A certified copy of this Order shall be served by certified mail upon the plan administrator who shall promptly notify the Participant and the Alternate Payee of the order. Within a reasonable time after receipt of a copy of this Order, the plan administrator shall determine whether this document constitutts a Qualified Domestic Relations Order, and shall notify the Court, the Participant (employee) and the Alternate Payee ofsuch determination. D. The Court further retains jurisdiction to supervise the payment of retirement benefits and to modify this Order if the Court deems it necessary and proper. After reading the above Qualified Domestic Relations Order and it appealing to the Court that the parties are in agreement with the terms stated therein, IT IS SO ORDERED. i. , I I I I ~Ol[' 1.--; oV . c p C [ F )~ i"'-, ;,'~ ,-..: c.t:~":.r ".' I" 'I '" ~ #', ,... .. \ Fn 3: 3'j c:, . r-~ -;p t ,,15 xi- or j'dfI .' ,;I~Y ,- .-... I ~ IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DEBORAH J. SMITII Plaintiff, v QUALIFIED DOMESTIC RELATIONS ORDER FILE NO 99-1407 RONALD W. SMITH Defendant, UPON CONSIDERATION of the Petition for Dissolution of Marriage entered into by the parties herein and submitted to the court on and as part of the Courts Order and Decree of Dissolution of Marriage entered herein on and in accordance with section 414 (P) (2) and (3) of the Internal Revenue Code, as amended and Sections 206 (d) (C) and (0) of the Retirement Income Security Act of 1974 as amended, the Court enters the following Qualified Domestic relations Order. NAMES AND ADDRESS A. THE NAME, BIRTHDATE, SOCIAL SECURITY NUMBER AND LAST KNOW ADDRESS OF THE PARTICIPANT IS: Ronald Smith PMB 405 4902 Carlisle Pike Mechanicsburg, PA 17050 B. THE NAME, BIRTHDATE, SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE ALTERNATE PAYEE IS: Deborah Smith 683 Deer Road Boiling, Springs P A 17007 DBBORAB J. SMITH, I IN THB COURT OP CONNON PLBAS Plaintiff I COMBBIlLAND COtlNTY, PBNNSYLVANIA I {~('(.1 - va, I NO. '1(1- /'/1"( 1(..... I RONALD W. SMITH, I IN DIVORCB Defendant I COMPLAINT IN DIVORCB 3301(c) 1. Plaintiff is DBBORAH J. SMITH, who resides at 683 Deer Road, Boiling Springs, Cumberland County, Pennsylvania. Plaintiff's social security number is # 467-98-6530, 2, Defendant is RONALD W. SMITH, who resides at 683 Deer Road, Boiling Springs, Cumberland County, Pennsylvania. Defendant's social security number #459-78-4322. 3 . Plaintiff has been a bona fide resident in the Conunonweal th for at least six months inunediately previous to the filing of this Complaint, 4. The Plaintiff and Defendant were married on September 8, 1972 in Smith County, Texas. 5. There has been no prior action for divorce or for annulment between the parties, 6, The Defendant is not a member of the Armed Forces. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce ,.. v. '.. II: I " ,- .. lL' , -. r \. fl.\ , . '_it r:'. , f.-, t'l r . , . , _. - II C" 0 C~ , /J ~ l~ ~ ~ iA' :tl'~ ., ,;" < t~~/ ~(<"S r- - ~~~ -B " .~ o ~ ~ ~ ~"') ~ c5 ;'1 .....-..'..I'...i.\'!. ',.~~ .r ';; , ~ ~~ "'~ ~! 8 . ~~ ~8 8! ~Ol .~ f2 g ~ Ol tJ I>l ~ o 2 Z E ~jl:E~ :s~> = .~i~l; <U~ i: ;;~"-d 0- r Oil; - - -" O"~" ::J ~ -. ~ " ;~ / f j I r ..... is:::: SJ~ "'.... III ..... ..,'" .... . '" is.:g !iJ ~ "'.... OJ "0 ~ . i ~ u '-' ~ o '" .C"l ~ o '" Ol . UJ .;> DEBORAH J. SMITII, PlaintiIT : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION. LA W RONALD W. SMITH . Defendant NO. 99-1407 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Comphint in Divorce on bebalfofmyself, the Defendant, Ronald W. Smith, in the above-captioned action and I certify thai i am authorized to do so. DATE: ~ J.(.JIe;q~ By: ~nv...u w.5~ onald W. Smith s' C") - ~ ,..::. ,..- ~l./~) - - , "")f. ;:t; .-l . ':E;/ ~:;: !;6 '.1;) C. [:: luQ , cr!tu I- i!; '-' <.;) l.t_ -.,. 0 ':::' c'" (; N .'- <') f~- ,- j'::':: 1 J.J f~: - 0,'. - (.:..( I ~ '-" ~~t.. /, lC) n. (.: b:JlJ~ , ff!r'J 1-4_ '1' C'" 1'"-: t.:':.) /'- --,. 0 C:::.~I ~ .' ) C~ '" (..; DEBORAII J. SMITII, Pluintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W RONALD W. SMITII , Dcfcndunt NO. 99.1407 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNI>ER ~ 3301(c) OF THE DIVORCE CODE I. I conscnt to thc cntry of a final dccrcc of divorcc withoul noticc. 2. I undcrstand that I may losc righls conccrning alimony. division ofpropcrty.lawycr's fccs 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 alter it is tiled with the Prothonotary. I verify that the statements made in this Affidavit arc 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- ;L 2.... ~ 0 cf- ...... 0llI Seal Leo F. Geli"... Notnry PublIc South MitJdlelon Twp., CumbcrlandCount)' My CommissIon ExpIre. Oct. 3, 20Qj Member,flennsYlvanlllMoocfallonOI ot4t1~1I , " ,. - , .'- "., .'- n'~. -, !,;~ .... r', - , ~~;~ - i.c .f ~ I .'-. "-'JL.' ~ ;,\' '-'> .~J :.: ':ie.:- , '- (C!.r' "-' :.1 r.:.: <:::> ,~ -,.. 0 r-;;-, ,J (";;.:J (,) <... " ?:: ""' '- ~. SO: ~;!;; fJj~;! - -:l - , ().': C:":!:,:~ "'" "~'I' 'I'o "" :~r-' , lL c.. '- --'.IJ G:"i.: '--' '.; , r.::; 0 ','- .,.. 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