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HomeMy WebLinkAbout99-06091t ?. r Is a y ???u¢,? r u ?R= SON J eAtk? ' £ : i k f 3y Eyxx, O S 11 Y t 1 f t 3 a w/ t, S y d . mr ev ? tk .' Sxr8{±&?? +{ r ax t r ys Y ut k ? t`3a(! A'' csefl ? 3?' ? f f e v } T ..cY s 4??R - " C P 8 w`Yl „ k.?t t ? y1 y r? +^u.b 3 xdxf Lea}e'?' t N j TO. ,pu. Fk ?A Wit f ` 5 VAN W M. W, t z ( k. i ? 4 C r_t 3 + to JS J s r ' Y f ix 1 ' Y• aSY R? c ? t $ sl J 7 4 e t k^ 9 RAW d ; . ? t 2 ? 1 sve A ?q T ' eta i g k, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF o PENNA. ? Y ZACHARY 0. BOND, y` Plaintiff No. 99 - 6091 CIVIL TERM VERSUS FRIEDERIKE M. BOND, Defendant DECREE IN DIVORCE AND NOW, Oc%(d /L z'oo . IT IS ORDERED AND DECREED THAT _ Zachary O .Bond , PLAINTIFF, AND Friederike M. Bond 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; None ttached P not margad, into this Decree in Divorce BY THE COURT; ATTF1T; r ROTHONOTARY I 1 W04; J?i? 0, eAle - THIS AGREEMENT, made this Aak day of 07 fy-" w , 2000, by and between ZACHARY 0. BOND, hereinafter called "Husb d", and FRI ERIKE M. BOND, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on March 20,1980; WHEREAS, two children were born of this marriage: Vanessa Lauren Bond, bom October 23,1980 and Tyler Anthony Bond, born June 3,1985; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other, and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to thew living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. DIVISION OF REAL PROPERTY. Wife agrees to transfer all her right, title and interest in and to the property located at 4 Ardmore Circle, New Cumberland, Cumberland County, Pennsylvania, now titled in the name of Husband and Wife as tenants by the entireties to the Husband and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in said property in the future. Said transfer shall be effective immediately and shall be binding regardless of the marital status of the parties. Husband shall, within ninety (90) days of the date of the execution of this Agreement, cause Wife's name to be removed from the existing mortgage on the said property in favor of Hams Savings Bank either by mortgage modification, refinancing or sale of the property. Pending refinancing, Husband shall indemnify and hold Wife harmless on the said mortgage. 4. EQUITABLE DISTRIBUTION. Husband shall pay to Wife in the form of equitable distribution the sum of $17,423.43 no later than ninety (90) days of the date of the execution of the Agreement and, in any event, at the time of the refinancing of the marital residence. Husband shall determine, in conjunction with Wife, the payoff on Wife's 1996 Ford Mustang and shall apply the equitable distribution amount set forth above to the payoff of the Mustang loan with PSECU. In the event there are any proceeds from the $17,423.43 figure beyond the balance due on the said loan, the proceeds shall be retained by Wife. In the event there is a shortfall of the payoff on the vehicle, Husband shall be responsible for the shortfall. 5. PENSIONIANNUITIES. Husband is the owner of a pension plan with Taylor Enterprises, Inc. Husband entered into the said plan prior to the marriage of the parties and continues to be a member of the plan after the parties' separation. Husband has caused Harry M. Leister, Jr., F.S.A., of Conrad M. Siegel, Inc. to do a calculation regarding the increase in value of the plan from the year-end prior to the date of the parties' marriage (December 31, 1979/the parties were married on March 20, 1980) and the year- end after the parties' separation (December 31, 1999/the parties were separated on September 2, 1999). The increase in value between year-end 1979 and year-end 1999 shall be divided equally with Wife's share representing one-half (1/2) of the total increase in value during that period of time. Wife shall establish an IRA or other type retirement investment account to receive the transfer of the funds from Taylor Enterprises, Inc. pension plan in the form of a Qualified Domestic Relations Order or other type of non-taxable transfer as mandated by the plan necessay to move the monies under Wife's control. In no event shall Husband be responsible for any tax liability relating to the movement of the said funds. Any tax liabilities generated by the transfer of funds shall be the sole responsibility of Wife. A specific requirement of this paragraph is that the money moved shall go into a retirement account for Wife before Wife shall take any distribution thereunder. Husband shall retain ownership of the Hartford annuity through ISi Financial with a value of approximately 55,600.00 and the Taylor Enterprises Inc. pension after transfer of Wife's interest. 6. MOTOR VEHICLES. Wife shall retain as her sole and separate property the 1996 Ford Mustang referred to in Paragraph 4 hcreof. Husband shall retain as his sole and separate property the 1986 Jeep Cherokee presently titled in the name of Husband and the parties' daughter, Vanessa. 7. BANK SAVINGS AND INVESTMENT ACCOUNTS. The parties are the owners of a checking account with Commerce Bank which they intend to close and divide the funds in a fashion acceptable to them. The parties were the owners of a mutual fund with Fidelity which was liquidated on November 22, 1999 and the proceeds of which (approximately $4,500.00) were received by Wife as additional equitable distribution. S. DEBTS. The only joint debt of the parties other than the Hams Savings Bank mortgage on the marital residence from which Wife's name will be released, is a PSECU Visa card with a balance of approximately $10,000.00. Husband agrees that he will take steps to immediately remove Wife's name from the said Visa card and will be solely responsible for the balance thereunder. Husband agrees to indemnify and hold Wife harmless on the said debt. 9. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 10. TAX ON PROPERTY DMSION. Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 11. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to suc for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 12. FULL DISCLOSURE. Husband and Wife each represent and wan-ant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 13. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that parry shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 14. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 15. HUSBAND'S DEBTS. Husband represents rend warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 16. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widows allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. REPRESENTATION. It is recognized by the parties hereto that Zachary O. Bond is represented by John J. Connelly, Jr., Esquire, and Friederike M. Bond is not represented by counsel and has the right to have the Agreement reviewed by counsel. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 18. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 19. 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. 20. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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. 22. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 26. DIVORCE ACTION. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 99-6091, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 27. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. mry,O. Bond M. WITNESS: COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN On this, the V\ day of , 1. v 2000, before me, a Notary Public, personally appeared Zachary 0. Bond, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (61;L. All 1 Notary Public NotwW sw 8*0WA@ L (1a" Nobly Punic COMMONWEALTH OF PENNSYLVANIA mycarmy mn eEvft. swt. ?e ANmDa, PwsyNrY? AaocaEOn a NoUAM SS. COUNTY OF DAUPHIN On this, the N ti day of 2000, before me, a Notary Public, personally appeared Friederike M. Bon , known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public l NotwW SOW SYplrtie L fidNyLHry PLM t SOPL CC60 whew, PawyN" A00010 n Of MUM w :I N ?.. '? .f ? ? r ?' ? ?' ? ?? u_- i ;t. '?J ?'?? ?, ' ;,3 ? ,_. ?. .?? ` ?., .:? ?- ?? .-, °:; ?, ?, w ATIOaAar ZACHARY 0. BOND, Plaintiff V. FRIEDERIKE M. BOND, Defendant To the Prothonotary: LAW 0mcE 1AMEs, SMITH, Mum do CONNELLY, LLP P. a BOX uo HERSHEY, PENNSyLWj" rrwwQM W[ N[[[[r CEM" THAT INC WITHIN is A TIN[ AND CODDCCT COW IT THE O[NIINAL /IL[D IN TNI[ AMM. it ..r ., Arnwn : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA NO. 99 - 6091 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TOTRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: October 7, 2000 by certified mail number Z 448 660 751. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. October 4,2000; by Defendant: October 4, 2000. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated January 20, 2000. S. Date and manner of service of the notice of intention to file Proccipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(c) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff. October 4, 2000; by Defendant: October 4, 2000. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being riled simultaneously with this Praecipe. JAMES, SMITH, DURKIN14t CONNELLY LLP Date: 1 6 - 4 - DD J. Oprifl glly, Jr., Esquire PbstOffice Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 r N f ' l \I11 (i!1., , !i ,j c? 1. - C"NOM AMC HCIICST HOTIrICD TO PMCAD TO TMt CNCIOStD - WITHIN TWCMTT OO DATS Or CORNICE MtMCOr 011 -A OC?AULT "DOMRNT MAY Me CNTCRCD AGAINST TOY. . ?r wTiGAM[T ZACHARY O. BOND, Plaintiff V. ERIKE M. BOND, Defendant LAW OMCE JAMES, SMITH, DURKIN & CONNELLY, LLP P. Q Boot 4!0 HERSHEY PENNSYLVANIA n0]MM Wt Mt RCST CttT1PY THAT "It WITHIN It A TRYC AND CORACCT COPY or TMC ORIGINAL mtD )" THIS AfFT10N. .. A AHWNCT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. Coq - ( l : CIVIL ACTION - LAW : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERIS 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 KELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 ZACHARY O. BOND, Plaintiff V. FRIEDERIKE M. BOND, Defendant To the Within Named Defendant: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA NO. M 6o9i l? Ti.-- : CIVIL ACTION - LAW : IN DIVORCE You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire 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. Prothonotary ZACHARY O. BOND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. :NO. 6 F.RIKE M. BOND. : CIVIL ACTION - LAW Defendant : IN DIVORCE Plaintiff is Zachary 0. Bond, who currently resides at 4 Ardmore Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Friederike M. Bond, who currently resides at 4 Ardmore Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 20, 1980, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The manage is irretrievably broken. 9. 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. The parties to this action have been separated since September 1, 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DURKIN & CONNELLY Date f ???- 99 (717) 533-3280 PA I.D. No. 15615 I verify that the statements made in this Pleading 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 unswom falsification to authorities. Date: Cil ? ran 1 V?l --TON! Alit HOItST NOTIFIED TO PLEAD TO THE ENCLOSED WITHIN TWENTY Mq DATE OP StRTICt HEAEOP on A DEFAULT JUDGMENT MAT SE ENTERED AGAINST YOU. .r ZACHARY O. BOND, Plaintiff V. FRIEDERIKE M. BOND, Defendant h WC NEIIt" CENT!" THAT THE WITHIN IE : A ?PLC AND CORRECT COP IN, TN[ ORIGINAL FILED IN THIS ACTION, ATIGRNE, : IN THE COURT OF COMMON PLEAS : I:UMtll;KLA/VU I:UUPI I Y, YGIVIVJYLVAIVIA : NO. 99.6091 CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. AND NOW, this day of 1999, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly swom according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Friedcrikc M. Bond, on October 7, 1999, by certified mail number Z 448 660 751 , addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof Date: N -/'?-+1 Swom to and subscribed before me this day of '!`6L : 1999. Notary Public r;nrArtinL seat. "'Y"IER. NoIery Pl,bbc '. .? D.aw 0'n Cmmry pit LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LLP P.QBOX 6" HERSHEY, PENNSYLVANIA Hop) -0630 . _ ?? i? ?? I ?? ?? i ; ?: << ? ? ?: ?. ? ,. -.?,? ? ? ???IIJ ? C.i ?/(L w- t°? :? 4' 1O VW ARE MEREST NOTIFIED TO ?LtAO TO LAw OFFICE THE tecLDUD to, ,- JAMES, SMITH, DURKIN & CONNELLY, LIP TWENTY HEN LO DAYS 01 EERWC( N[Rw'T A DEFAULT JUSONENT My [( ENTERED AGAINST TOU. P. a am 630 [r HERSHEY, PENNSYLVANIA 17033-06.50 ATHIANC, WE HtH[SY CERTIFY THAT THE WITHIN IS - A ME AND CORRECT CO" D, THE O0101NAL FILM IN TRIG ACTION, ST ATIM,ET ZACHARY O. BOND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.99-6091 CIVIL FRIEDERIKE M. BOND, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 4, 1999, and served on October 7, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 have been advised of the availability of marriage counseling, and understand that 1 may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 18,Pa. C.S. . Section 4904, relating to unswom falsification to authorities. Date: JD- I -UU Cr n hL f=, r.?,? Cj TO YOU ARE MEREST HOTIFIEO TO PLEAD To THE ENCLOSED 1YITNIN TWENTT U01 DAYS of SERVICE HEREOI OR A OEFAULT JUDGMENT MAY ¦E ENTERED AGAINST YOU. SY AnoRrr LAW OFFICE QJA-m-S, SMrrH, DURKIN do CONNELLY. LLP P. O. MX 6V HERSHEY, PENNSYLVANIA n0.13.0W W[ HEREST CEETI" THAT THE WITMIN IS `.. A TRUE AND CORRECT CO" OF THE y.yOR JNAL FILED IN TINVACTsON. _ EY ATTORNEY ZACHARY O. BOND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.99-6091 CIVIL FRIEDERIKE M. BOND, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyces fees or expenses if 1 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. 1 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.A. Section 4904, relating to unworn falsification to authorities. Date: ?Q - ?/ - DD v ? -- ?. ? c_?r? . ._ L i .? ?`l ,.. ' ,- n .?..1. . ?:. ` ` e. •'7? ' ' , r, t to r ,? "'] ? ?, t> r? v "? Z] MERGER TO YOU M[ He 1 Y NOT111[O TO PLEAD 70 M[ [HCIOE[0 WITHIN TWENTY IM OAT[ GF SERYH:E NEREOI OR A DEFAULT JUDOMENT MAY SE [NUR&D AGAINST TO18??. by ZACHARY O. BOND, Plaintiff V. FRIEDERIKE M. BOND, Defendant LAW OFFICE JAMES, SMITH, DUPJUN & CONNELLY, LLP P. Q BOX 470 HERSHEY. PENNSYLVANIA M334)47o WE H[S[RY CERTIFY THAT THE WITHIN U A TRUE AND CORRECT COPY or THE ORIGINAL IM[O MI THIS ACTION. _. A}TGRM[Y : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IN U.99-6091 CIVIL : CIVIL ACTION - LAW : IN DIVORCE DEFENDANTI AFFIDAVIT OF CONSENT AND WAIVER OF -nyrwevT iNG 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 4, 1999, and served on October 7, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 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 further understand that the Court maintains a list of marriage counselors in the Prothonotaryls office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unworn falsification to authorities. / Date: 4ri-?cdcrikc LM. Bond, cndant ?: ?? <? r- ,r ?.! ? ... ,?;:. .;? ? : ? ?: ,.?. ?... '?J .? t '??., , ? ? " ?, 4? ?' j • o .?. n Zj i> ' TO LAW OFFICE TOY ALL HEARST NOTIFIED TO KEAO TO THL [MCIOt[D WITHIN JAMES D $ WE NER[tT C[LTIIN THAT THE WRNIM Ds .' TWENTT DID DAYS a EtWWCL HEREOF oR , MT H. UM1N & IiONNP Y, LLP A TRUE AND CoLL``CT Ca" OF I NL' s: A DEFAULT JUDGMENT MAT Et [NT[Rl A JU OANIiNAL WED V" iRU ACTION. AGAINST VW P. Q Box 6% By HERSHEY, PENNSYLVANIA rM34 50 .noRHET ZACHARY O. BOND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.99-6091 CIVIL FRIEDERIKE M. BOND, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORC . DECREE UNDER 63301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers 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 statements herein arc made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Date: / I - ?J - v • - ?? l Friederikc M. ond, efen t • ._. ? N / ' n :: s i1' f , Y ; •++ i? _ ?? .; . to ;?? ?,r' ? ? .1) i.:-. ?- u i:If7 s??ti .7 t:- . c. i ?1 CJ ??? U Y' ZACHARY 0. BOND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA v V. : NO, qq--- &o q( FRIEDERIKE M. BOND, : CIVIL ACTION - LAW Defendant : IN DIVORCE Zachary O. Bond, social security no. 16740-1767 Friederike M. Bond, social security no. 166464474 fi?Lt T .. ?? r i` r 41;? ?r fj r u¢ (Y J Air R j 'rr ;. T . ? a? t xa TO YOU ARE HERBST NOTIFIED TO KRAD TO THE ENCLOSED WITHIN MEN" DGI DATE Of 94WAC9 HEREOF 011 A DEFAULT JUDGMENT MAP It ENTERED AGAINST TW. . /T ATIM,EV LAw OmcE Am, Storm, DURKIN & CONNELLY, LLP P. Q Box 630 HERSHEY, PENNSYLYAM 0001-0630 Zachary 0. Bond Plaintiff VS. Friederike AI, Bond Defendant WE HEMET CtRTIFT THAT THE WITHIN It A TRUE AND CORRECT COPY OF THE OEIOINAL FILED IN THIS ACTION. /T n T A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99.6091 QUALIFIED DOMESTIC RELATIONS ORDER 1. The parties to this action have entered into a Property Settlement Agreement dated January 20, 2000. The Court will incorporate the Property Settlement Agreement into its Decree of Dissolution of Marriage when issued. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(x). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Taylor Enterprises, Inc. Profit Sharing Plan ("Plan"). Further, this Order shall apply to 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. 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. 4. Zachary 0. Bond ("Participant") is a participant in the Plan. Friederike M. Bond ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Zachary 0. Bond 4 Ardmore Circle New Cumberland, PA 17070 Social Security #: 167.40.1767 Date of Birth: April 5, 1950 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: •. It ViJ (^T J r.?? 11 n? CU^ 1 ??J L?i'vl?/l1 I ?nh?$YL1iG?(G1 QDRO Page 2 Friederike 51. Bond 700 Nailor Drive, Apt. 203 Camp Hill, PA 17011 Social Security a: 166.46.4474 Date of Birth: December 29, 1953 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $301,389.00 of the Participant's total account balance accumulated under the Plan, 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute the amount designed in Paragraph 7 of this QDRO, as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. Benefits are to be payable to the Alternate Payee in a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code ?a414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. QDRO Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)111) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 of this QDRO. The sole purpose of this Paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in Paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to Vanessa L. Bond and Tyler A. Bond or any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. EXECUTED this day of 604 ba aca . BY THE COURRT .rud RDRO Page 4 CONSENT TO ORDER: PLAINTIFF TICIPANT 11,11a, A Sign cure W -3-(to Ea le DEFENDANTIALTERNAT2E PAYEE 4?1 - - b., Signature 16,2-0() Date Y t?•.., y .... - ?. ;, ? ?; ? . _ fir, ? .» 1' i : ?1` tel -? t?: ?' . , • .? ? f^ .`?(u 47 1(L ° ? C:: r'J ...?+v...+ ......?Y. ti:: .... ,.?...?...o.....rrr?.r.<r?w:?..._i ?.,.-:rpYi?W??i oo-Fr-oi f?' ? ?? v ?\