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HomeMy WebLinkAbout01-6059IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL E. PROGAR, Plaintiff MARy JO PROGAR, Defendant CiVIL ACTION NO. 2001- IN DiVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list ofmanSage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne byyou and your spouse. If you ~tesire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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, PA 17013 (717) 249-3166 DANIEL E. PROGAR, Plaintiff MARY JO PROGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2OOl- 05'q IN DIVORCE COMPLAINT IN DIVORCE AND NOW this , GL/ day of October, 2001 comes Plaintiff, DANIEL E. PROGAR, by and through his attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Daniel E. Progar, who currently resides at 622 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Mary Jo Progar, who currentlyresides at 622 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on July 8, 1978 in Cambria County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301 (c) of the Divome Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiffwaives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Mic~ire~~F Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Daniel E. Progar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL E. PROGAR, Plaintiff V. MARY JO PROGAR, Defendant CIVIL ACTION - LAW NO. 2001-6059 IN DIVORCE ACCEPTANCE OF SERVICE I, Mary Jo Progar, the Defendant in the above captioned matter, hereby accept service of the Complaint filed in the above captioned matter. Date: 10/30/01 JUL 1 0 ZOO2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL E. PROGAR, Petitioner V. MARY JO PROGAR, Respondent CIVIL ACTION - LAW NO. 2001 - 6059 IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; and WHEREAS Petitioner, Respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as defined in section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order the following terms shall apply: (a) "Participant" shall mean Daniel E. Progar whose current address is 779 Baltimore Pike, Gardners, Pennsylvania 17324, who was bom on March 4, 1955, and whose Social Security Number is 197-46-9914. (b) "Alternate Payee" shall mean Mary Jo Progar, Participant's Wife, whose current address is 13201 South Wakial Loop, Apartment 2129, Phoenix, Arizona 85044, who was bom on August 7, 1956, and whose Social Security Number is 190-48-7769. (c) "Plan" shall mean the Tyco International (US) Inc. Retirement Savings and Investment Plan I. (d) "Plan Administrator" shall mean Retirement Committee of Tyco International (US) Inc., Tyco International (US) Inc., P.O. Box 5035, Boca Raton, Florida 33431-0835. (e) "Valuation Date" shall mean December 31, 2001. 2. Participant and Alternate Payee were married on July 8, 1978 and were legally separated on October 23, 2001, a period during which Participant was employed by Tyco, Inc. and during which time Participant contributed to the Plan. 3. Participant and Alternate Payee agree that Participant's account in the Plan is marital property subject to distribution by this Court. 4. The Alternate Payee's interest in the Plan shall be a lump sum of Eighteen Thousand Thirty-One and 60/100 ($18,031.60) Dollars determined as of the Valuation Date. This lump sum distribution shall fully satisfy the Alternate Payee's equitable distribution claim against the Plan. 5. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum. Said payment shall be made as soon as administratively practicable following the date that the Plan Administrator approves this Order as a QDRO under Section 403(b)(9) of the Internal Revenue Code. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be that value of the Alternate Payee's account on the date the distribution is processed. 6. The Alternate Payee has the right to name a beneficiary. In the evem that the Alternate Payee dies after the Order has been qualified, either prior to or subsequent to the segregation of assets for the Alternate Payee, the Alternate Payee's Award will be distributed to the Alternate Payee's beneficiary. If no beneficiary has been appointed, the Alternate Payee's Award will be distributed to the Alternate Payee's estate. 7. The parties shall promptly notify the Plan Administrator of any change in their respective addresses from those set forth in this Order. 8. The Alternate Payee's Award is no entitled to earnings (dividends, interest, gain and losses) from the valuation date to the date that the Award is segregated from the Participant's account(s). 9. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee, respectively. The Plan shall provide to Participant and Alternate Payee, in accordance with its customary procedures, such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 10. In the event that there is an outstanding loan balance as of the valuation date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's Award will be paid from the non-loan assets in the Participant's account(s) on the date that the Award is segregated from the Participant's account(s). 11. The Parties shall cause an original court certified or tree copy of this Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further order of this Court. 12. It is the intent of the Parties and the Court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both Federal and State laws, for all purposes, and constitute a valid QDRO in compliance with Section 414(p) of the Internal Revenue Code of 1986 and Section 206(d)(3) of the Employment Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 13. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order which has been determined to be a QDRO before this Order is determined to be a QDRO. 14. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a QDRO; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Date: BY THE COURT: CONSENTED TO: Mar~Jo Prc~ar(j~]ter~a~-e ~tyee/Respondent Attorney for Petitioner: Michael J. Hanft, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Respondent is appearing Pro Se: Mary Jo Progar 13201 South Wakial Loop, Apt. 2129 Phoenix, Arizona 85044 (480) 763-2584 ,CONTINUING JURISDICTION OF THE COURT The Court retains jurisdiction over the Domestic Relations Order to amend, as necessary, to establish or maintain its qualification as a Qualified Domestic Relations Order under ERISA. So ORDERED by this Court, this ~ day of ,2002. BYTHECOURT: PARTICIPANT/PETITIONER Daniel E. Pro,ar ,J. ATTORNEY FOR PARTICIPANT/PETITIONER ALTERNATE PAYEE/RESPONDENT ALTERNATE PAYEE/RESPONDENT IS APPEARING PRO SE JUL 1 0 2002 DANIEL E. PROGAR, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2001 - 6059 : MARY JO PROGAR, : Respondent : IN DIVORCE STIPULATED QUA. I,IFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; and WHEREAS Petitioner, Respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as defined in section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order the following terms shall apply: (a) "Participant" shall mean Daniel E. Progar whose current address is 779 Baltimore Pike, Gardners, Pennsylvania 17324, who was bom on March 4, 1955, and whose Social Security Number is 197-46-9914. (b) "Alternate Payee" shall mean Mary Jo Progar, Participant's Wife, whose current address is 13201 South Wakial Loop, Apartment 2129, Phoenix, Arizona 85044, who was born on August 7, 1956, and whose Social Security Number is 190-48-7769. (c) "Plan" shall mean the Tyco International (US) Inc. Retirement Savings and Investment Plan I. (d) "Plan Administrator" shall mean Retirement Committee of Tyco International (US) Inc., Tyco International (US) Inc., P.O. Box 5035, Boca Raton, Florida 33431-0835. (e) "Valuation Date" shall mean December 31, 2001. 2. Participant and Alternate Payee were married on July 8, 1978 and were legally separated on October 23, 2001, a period during which Participant was employed by Tyco, Inc. and during which time Participant contributed to the Plan. 3. Participant and Alternate Payee agree that Participant's account in the Plan is marital property subject to distribution by this Court. 4. The Alternate Payee's interest in the Plan shall be a lump sum of Eighteen Thousand Thirty-One and 60/100 ($18,031.60) Dollars determined as of the Valuation Date. This lump sum distribution shall fully satisfy the Alternate Payee's equitable distribution claim against the Plan. 5. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum. Said payment shall be made as soon as administratively practicable following the date that the Plan Administrator approves this Order as a QDRO under Section 403(b)(9) of the Internal Revenue Code. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be that value of the Altemate Payee's account on the date the distribution is processed. 6. The Alternate Payee has the right to name a beneficiary. In the event that the Alternate Payee dies after the Order has been qualified, either prior to or subsequent to the segregation of assets for the Alternate Payee, the Alternate Payee's Award will be distributed to the Alternate Payee's beneficiary. If no beneficiary has been appointed, the Alternate Payee's Award will be distributed to the Alternate Payee's estate. 7. The parties shall promptly notify the Plan Administrator of any change in their respective addresses from those set forth in this Order. 8. The Alternate Payee's Award is no entitled to earnings (dividends, interest, gain and losses) from the valuation date to the date that the Award is segregated from the Participant's account(s). 9. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee, respectively. The Plan shall provide to Participant and Alternate Payee, in accordance with its customary procedures, such infonuation as is noi-i~ally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 10. In the event that there is an outstanding loan balance as of the valuation date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's Award will be paid from the non-loan assets in the Participant's account(s) on the date that the Award is segregated from the Participant's account(s). 11. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further order of this Court. 12. It is the intent of the Parties and the Court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both Federal and State laws, for all purposes, and constitute a valid QDRO in compliance with Section 414(p) of the Internal Revenue Code of 1986 and Section 206(d)(3) of the Employment Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 13. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or foi-iii of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order which has been determined to be a QDRO before this Order is determined to be a QDRO. 14. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a QDRO; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. BY THE COURT: CONSENTED TO: Daniel E. Prog~ar, Parti~ip~tnf~tetitioner ~Iar~Jo Prc~ar~[lte~a~e ~yee/Respondent Attorney for Petitioner: Michael J. Hanft, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 Respondent is appearing Pro Se: Mary Jo Progar 13201 South Wakial Loop, Apt. 2129 Phoenix, Arizona 85044 (717) 249-5373 (480)763-2584 CONTINUING JURISDICTION OF THE COURT The Court retains jurisdiction over the Domestic Relations Order to amend, as necessary, to establish or maintain its qualification as a Qualified Domestic Relations Order under ERISA. So ORDERED by this Court, this //~ day of ffs,~ ., 2002. PARTICIPANT/PETITIONER Daniel E. Progar BY THE COURT: ATTORNEY FOR pARTICIPANT/PETITIONER ALTERNATE PAYEE/RESPONDENT ALTERNATE PAYEE/RESPONDENT IS APPEARING PRO SE DANIEL E. PROGAR, Plaintiff Vo MARY JO PROGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 2001- 6059 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 23,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: Daniel E. Progar, Sworn to and subscribed before me this o2~/b6 day of 0 a t)~ ,2002. Nothrv~ublic Notarial Seal Mary M. Pdce, Notary Pub0c Carlisle Bom, Cumberland County My Commlssio~ Expires Aug. 18, 2003 DANIEL E. PROGAR, Plaintiff Vo MARY JO PROGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY~ PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 6059 IN DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 23, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: Sworn to and subscribe~, before .~~ day of,~t~ ~ me this , oo2. Notary Public ~J Notary Public - Arizona Maricopa Counly My C~mlssion E~i~es JuN 22, 2004 DANIEL E. PROGAR, Plaintiff Mo MARY JO PROGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 6059 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 ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: 7- eCt-o DANIEL E. PROGAR, Plaintiff Vo MARY JO PROGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 6059 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 ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: ar~- ~og~, Defendant- MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~)7'N day of .}4./~.,~ , 2002, by and between DANIEL E. PROGAR, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband" and MARY JO PROGAR formerly of Cumberland County, Pennsylvania, party of the second part, hereafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on July 8, 1978, in Cambria County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since October 23, 2001; and WHEREAS, Husband is a resident of the Commonwealth of Pennsylvania and has been so for at least the past six (6) months; and WHEREAS, Wife is now a resident of the State of Arizona; and WHEREAS, certain diverse, unhappy 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; 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 fights between them; and Page 1 of 13 WHEREAS, the parties hereto have mutually entered into 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 amble opportunity to consult with their respective attorneys, and 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 herein and for other good and valuable consideration, intending to be legally bound and to legally bind 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 deem fit free from any control, restrain, 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 provision 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. ARTICLE II: .DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any DEP4~~ Page 2 of 13 MJP~~ action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. 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 this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims if 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 ever shall 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, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that Page 3 of 13 this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divome judgment or decree if or whenever sought by any of the parties hereto. It is understood by the parties that a Divorce Complaint has been filed in the Court of Common Pleas of Cumberland County at Docket Number 2001-6059. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to pemfit Agreement to survive any such agreements. ARTICLE HI: 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 Section 3502 of the Pennsylvania Domestic Relations 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 need for each of the parties; the contribution of one party to the education, training or increased earning power of 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 of dissipation of each party in the acquisition, preservation, depreciation, or appreciation o fmarital 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. Page 4 of 13 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 effected 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 fights of equitable distribution of the parties. 3.3 The parties shall retain sole and exclusive fight, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either party to execute any documents to convey title to any such personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. a. Wife shall retain sole possession of the time share unit at Creckside Village. 3.4 Except as provided herein, Wife waives any fight or interest she may have in Husband's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any fight or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. Page 5 of 13 a. Husband hereby agrees to the entry of a Qualified Domestic Relations Order, or any other document requested by Wife, whereby Wife is entitled to one hundred (100%) percent of Husband's Pioneer Investment Fund IRA from Bethlehem Steel, which account has an account number of 018-6200366641. b. Husband hereby agrees to the entry of a Qualified Domestic Relations Order, or any other document requested by Wife, whereby Wife is entitled to Eighteen Thousand Thirty-one and 60/100 ($18,031.60) of Husband's Tyco Retirement Savings and Investment Plan, Account Number 197469914. c. Husband hereby agrees to execute any documents needed to effectuate a transfer to Wife of 100% of the jointly-owned Pioneer Mid Cap Value Fund - Class A, having account number 010-0100669858. 3.5 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. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resoumes to provide for their comfort, maintenance, and support in the station of life in which they are Page 6 of 13 accustomed. Husband and Wife do hereby waive, release and give up any fights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no outstanding obligations of the parties, that since the separation neither party has contracted for 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. In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the nameSn which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles property registered in the other party's name with the Pennsylvania Department of Transportation. DEP 2~ Page 7 of 13 MJP~~ a. It is the intention of the parties that the 1995 Chevrolet Lumina Van shall be transferred solely to Husband. Additionally, Husband shall be solely responsible for any loan secured by same and shall indemnify and hold Wife harmless for any and all claims related to same. b. It is the intention of the parties that the 1992 Toyota Camry shall be transferred solely to Wife. Additionally, Wife shall be solely responsible for any loan secured by same and shall indemnify and hold Husband harmless for any and all claims related to same. c. It is the intention of the parties that the 2001 Chevy Prism shall be transferred solely to Wife. Additionally, Wife shall be solely responsible for any loan secured by same and shall indemnify and hold Husband harmless for any and all claims related to same. ARTICLE VI: MISCELLANEOUS PROVISIONS 6.1 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel or the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Page 8 of 13 6.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the 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, source 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, 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. Page 9 of 13 6.3 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 and hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, 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 otherwise specifically provided herein. 6.4 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. 6.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 6.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 10 of 13 6.7 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. 6.8 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 any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.9 It is specifically understood and agreed that this Agreement constitutes an 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 Domestic Relations Code of the Commonwealth of Pennsylvania. 6.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts DEP ,~ Page 11 of 13 MJ~ and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 6.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 6.12 This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. DEP~~ The consideration for this Agreement is the mutual benefits to Page 12 of 13 MJP~~ b~ obtained by both ofth~ patti~s hereto and the covemmt$ and ~¢ats of each of thc parties to thc oth~. Tho adequacy o£ the t'onsld~ralion for all agr~mciats hercia contained is stipulate~ confessed, and m~hnitted by the pames, and the parties intend :o be legally bound hereby. 6.13 Thc paaxi~ l:oth agr_ee to ~'oopefatr. with each othe. r ia obtaU~in8 a final divorce of thc r~go. It i$ agreed that the pa:'l ~$ wi!i execute and file the ¢oz~ent.~ nee~-ssary 'to ob*aha thc divorce. Anypartywho faijs to cooperat~ with obtaimng the Divorce shall pa3 all tiae costs and legal f~ o£th¢ party wba is see. king ga,. d~vor~¢. idusband acknowl~ges that Wife deS~r0s to re-taku .her bh-th name a.,~d be known as Mary Jo Alnk~, ono~ a leirl~ Decree in Dirt)tee ia obtai.-md, Hu:sband agrees to execute any docummts n~cessary to assist Wi f~ in formally ~-takmg her birth nanle, pro~qdc~! same does not result in my additional cost to Husband. IN '~iTNF.,SS WIqFREOF. il1¢ parties have set their hah& a:td seals the day and yeal-lirst al~;,e wri..'t~n, WITNESSED BY: DAN~L B. PRe)OAR Page 13 of 13 DANIEL E. PROGAR, Plaintiff V. MARY JO PROGAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-6059 : : : : IN DIVORCE .PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 2. Progar. 3. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Date and manner of service of the complaint: via hand-delivery to Defendant, Mary Jo July 30, 2002. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; July 29, 2002; by the Defendant; July 19, 2002. 4. Related claims pending: None. Date Plaintiff' s Waiver of Notice in §3301 (e) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(e) Divorce was filed with the Prothonotary: July 30, 2002. Date:~Jl~ k~ 301 ~'~ ~,,/J Michael ~)aanft, l~squire ' Attorney I.D. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON OF CUMBERLAND COUNTY STate OF DANIEL E. PROGAR, Plaintiff VERSUS MARY JO PROGAR, Defendant PENNA. N o. 2001-6059 pleas DECREE IN DIVORCE AND NOW, , 2002 , IT IS ORDERED AND DECREED THAT DANIEL E. PROGAR , PLAINTIFF, AND MARY JO PROGAR , 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; The Separation and Property Settlement Agreement dated July 8 2002 is incorporated by reference. BY THE COURT: / ATT T. ~ ' . ~ j.