Loading...
HomeMy WebLinkAbout01-0331 FXIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ,- BASIL B. BATES, JR., Plaintiff VERSUS RHONA P. BATES, Defendant N p, 2001-331 CIVIL TERM DECREE IN DIVORCE AND NOW, 2003, IT IS ORDERED AND DECREED THAT BASIL B. BATES, JR. ,PLAINTIFF, AND RHONA P. BATES ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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. The parties' Post-Nuptial Agreement dated January 31, 200 is incorporated but not merged into this Decd. BY THE X.OURT: ATTEST: _ ~ /} J. PROTHONOTARY ~,~, _~ ~p~ j~ ~?J f ~J ~f Z° ,, , . , ~~ ;,. . ~~ BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- 33~ CIVIL TERM RHONA P. BATES, Defendant :CIVIL ACTION -LAW 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 Plaintif£ You may lose money or properly or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request 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 marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to yowand you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By: SNELBAKER, BRENNEMAN & SPARE, P.C. I~-~- Attorneys for Plaintiff a, NO. 2001- 33J CIVIL TERM Defendant :CIVIL ACTION -LAW IN DIVORCE COMPLAINT COUNT I -DIVORCE 1. Plaintiff Basil B. Bates, Jr. is an adult individual residing at 1109 Tiverton Road, BASIL B. BATES, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA v. RHONA P. BATES, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Rhona P. Bates is an adult individual residing at 1109 Tiverton Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on December 6, 1980 in Baltimore, Baltimore County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES 6. Neither party is a member of the armed forces of the United States of America. SNELRAKER. BRENNEMAN 9f SPARE i 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Basil B. Bates, Jr. requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from December 6, 1980. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Basil B. Bates, Jr. requests this Court to order equitable distribution of marital property and debts. LAW OFFICES II SNELBAKER, 1 BRENNEMAN -'Z_ & SPARE a r~ WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717)697-8528 Date: January 17, 2001 Attorneys for Plaintiff Basil B. Bates, Jr. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -3- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ~~~~ Basil B. Bates, Jr. Date: January 17, 2001 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 1 + BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY; PENNSYLVANIA v. N0. 2001- CIVIL TERM RHONA P. BATES, Defendant :CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT BASIL B. BATES, JR. being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 494)4 relating±o unsworn falsificatian to authorities. Basil B. Bates, Jr. (Plaintiff) Date: January 37, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE S (. '~ ~ ~ U' ~ q ~ ~p ~ Q} w uJ 'O R. ~ ~ ~_ A^ ~`,O ~C"` b .7 -1- U`j ~ n y ~. aJ Y _O i BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-331 CIVIL TERM CIVIL ACTION -LAW RHONA P. BATES, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Basil B. Bates, Jr., Plaintiff in the above captioned action in divorce; that on January 17, 2001, he did send to Defendant Rhona P. Bates by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Mail No. 7099 3400 0004 5009 7438; that both the Complaint and cover letter were LAW OFFICES SNELHAKER. HRENNEMAN & SPARE y received by Rhona P. Bates, the Defendant herein, as evidenced by the return receipt card said certified mail dated January 26, 2001; that a copy of the aforementioned cover letter ;d January 17, 2001 is attached hereto and incorporated by reference herein as "Exhibit A" that the original Receipt for Certified Mail and the Domestic Return Receipt are attached ao and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. K; eith O. Brenneman Sworn to and subscribed before me this 29~' day of January, 2001. Notary Public Susan L otary Public MY Gamble ~0' Cumberland Caunlq Expires Nov. 24, 2003 Pasoctiarrc~n M Notaries LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -2- P 1 SNELBAKER, BRENNEMAN F3 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD G SNELBAKER _ KEITH O. BRENNEMAN 7V-697-8528 PHILIP H. SPAAE January 17, 2001 Rona P. Bates 1109 Tiverton Road Mechanicsburg, PA 17055 Re: Bates v. Bates No. 2001-331, Cumberland County, Pennsylvania Dear Ms. Bates: P. O. BOX 318 FACSIMILE (717) 697-7681 I am enclosing a certified copy of a Divorce Complaint in reference to the above legal action. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Basil B. Bates, Jr., (w/enclosure) Via certified mail, return receipt requested, restricted delivery, parcel No. 7099 3400 0004 5009 7348 EXHIBIT A ., i ~ m r` Rona P. Bates ~ Postage $ ~~ •550« O . G yt ~ CertHletl Fee 1 . 9 0 p rk . ~- Return Receipt Fee (Endorsement Required) - o , `~ L m © 19eatdeled Dallvery Fee fEndoraement Required) Q ~ Tptel Posle9e & Feea, $~ ~Hf18,~~``J\ r l Name (Please Pdnt Clearly) (to be ompleted by mailer) b es Rona P. Ba rf' a" Street, amt. Na.' Or PO edx No. 110.3 Tiverton Road r- ~ Cfty, State, -P+4 Mechanicsbur PA 17055 ,, I i[em~4 if Restricted--Delivery is desired. ~ " !Y` ~. ^ f yourname and~,~tldress on the reveise`'~ ' ~f'tliat we can returrY`4he hard to you. ~ loch th5s,c~rd ao the,ba&k of the mailpiece, or on the 6tmf'if space permRs: ~~_ , 1, Article Addressed to 1~na P. Bates 1109 Tiverton PA 17 JAII2 6 Eplt LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 2. Article Number (Copy from service label) Form 3811, July 1999 4 D. Is delivery address different from 8em 1? LJ Vas -~ If VES, enter delivery address-below: ^ No ertified Mail ^ Express Mail '. ' gistered ^Raturn-Receipt for Merchehd~e ^Insured Mail D.C.O.D. 4. ResVicted Delivery? (Extra Feel ^ y~ 102595.00-M-096`_{ ',_ EXHIBIT B f~ --,, ; -,,- ' _ -- . ~ ~ , - ` ~ z~ ~_ '- c7 ,~ ~.- ~-; ~~; ;~ , y ~ - 1 L; ~ ~ BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-331 CIVIL TERM RHONA P. BATES, Defendant :CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 17, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 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. § 4904, relating to unsworn falsification to authorities. Date: February 1, 2003 Basil B< Bates, Jr. (Plaintiff) LAW OFFICES SNELBAKER. BRENNEMAN & SPARE c, ~~ ;-; --, ryi si _, i~ ~ 4- r> ~' ' ". ~iJ J , ~ r ~Y'i _. ~~ ~ ±Jj1 L~ CJ~1 'c, ` _ .. ~F€ZAi 14~R'~4~YAA.Ml~v~~pErt, P _: .....'_ i~'SIGWF~~ BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-331 CIVIL TERM RHONA P. BATES, Defendant :CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: February 1, 2003 Basil B Bates, Jr. (Plaintiff) LAW OFFICES SNELBAKER. BRENNEMAN & SPARE n ~- r ~_ Ly ~' !ti~ ~ry S _ -t el i.. _. c t ' "_ - L (~ .. `i ,-~ J~ n~ •r --C i'~i+ a'. ~c~~R^~kSTdR3~'R°~~rsat~5~^~3~.4fl.. .. Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BASIL B. BATES, 7R., Plaintiff v. RHONA P. BATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-331 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 17, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements aze made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~ ~ , 2003 ~j~~i ONA P. BATES C-7 ~ t r Vi {- 'TS ?'. - r~i= 1 G? ._J _ C :'. i';:! '.,- ~ --r A~.. T C_ ~ ~' ' ~^ GJ ~. ~-li J ~ ~ C11 -~ Barbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0: 2001-331 RHONA P. BATES, CIVII, ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein aze made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ONA P. BATES DATE: ~, 2003 C~~~[ y~~~uG~ n `~ ~ rtT9 _i r ~., ~ '.J C; ~ r ..,,,f„ e BASIL B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. RHONA P. BATES, NO. 2001-331 CIVIL TERM Defendant :CIVIL ACTION -LAW IN DIVORCE AND NOW, this ORDER 1 day of ~~ , 2003, upon consideration of the Plaintiffs Motion For Order Approving and Directing Division of Military Pension, this Court thereby fmds and ORDERS as follows: 1. That this Court has jurisdiction over Basil B. Bates, Jr., a former service member of the United States Navy, through his residence in Mechanicsburg, Pennsylvania and his consent to the jurisdiction of this Court; 2. That Plaintiff Basil B. Bates, Jr., the former service member and Rhona P. Bates, his former wife who were divorced on February 11, 2003, were married for a period in excess often (10) years, during which marriage Plaintiff Basil B. Bates, Jr. performed at least 10 years service creditable for retirement purposes; 3. That the division of the Nauy Pension of Basil B. Bates, Jr. in accordance with the agreement of the parties is hereby APPROVED and it is hereby ORDERED that Basil B. Bates, Jr. and Rhona P. Bates shall each receive fifty percent (50%) of the disposable retirement pay, together with all cost of living increases or other adjustments or increases pertaining thereto; and 4. That the retirement pay and all cost of living increases or other adjustments or LAW OFFICES SNELBAKER. BRENNEMAN increases pertaining thereto to be paid to the respective parties shall be paid directly to each of ~ SPARE them by the Defense Finance and Accounting Service as soon as administratively feasible. Said LAW OFFICES S NELBAKER. B RENNEMAN & SPARE payments shall continue until terminated upon the death of Basil B. Bates, Jr., irrespective of the future marital status of either Basil B. Bates, Jr. or Rhona P. Bates. _'Z _ ~~ w c 1,~ r~ ~R ~~ ~~ E _ t_,~;,~rn~ ,~ ~ ~~ • E ~ ~ ~` . BASIL B. BATES, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-331 CIVIL TERM RHONA P. BATES, Defendant :CIVIL ACTION -LAW IN DIVORCE MOTION FOR ORDER APPROVING AND DIRECTING DIVISION OF MILITARY PENSION Plaintiff Basil B. Bates, Jr., by this attorneys, Snelbaker, Brenneman & Spare, P. C. submit this Motion and in support thereof, state the following: 1. By Decree in Divorce dated February 11, 2003, the parties to this action were divorced from the bonds of matrimony. 2. The parties entered into aPost-Nuptial Agreement signed and dated by them on January 31, 2003, an original counterpart of which Post-Nuptial Agreement (the "Agreement") was filed in this action on February 7, 2003. 3. Plaintiff was, prior to the parties' divorce and during marriage to Defendant, in active service with the United States Navy. Plaintiff, however, was not on active duty at the time of the issuance of the Decree in Divorce. 4. Plaintiff was, prior to the parties' divorce, receiving retirement pay due to his service in the United States Navy (the "Navy Pension") from the Defense Finance and Accounting Service. 5. Pursuant to Paragraph 12 of the parties' Agreement, the parties agreed, inter alia, that each will receive one-half (1/2) of the Plaintiffs monthly Navy Pension payment, including all cost of living increases or other adjustments or increases pertaining thereto. 6. Pursuant to Paragraph 12 of the parties' Agreement, the parties agreed that they will cooperate through their counsel in the preparation and submission of a qualified domestic relations order (a "QDRO") or other document for the purpose of dividing the Navy Pension as described above. 7. Although in order to divide the Navy Pension as agreed to by the parties a QDRO is not required, certain information in the form of a certified Court Order is required to be submitted to the Defense Finance and Accounting Service in order to effect the division of the Nauy Pension pursuant to the parties' Agreement. 8. For the reasons stated above, Plaintiff requests this Court to enter an Order in the form attached hereto and made part of this Motion. 9. Counsel for Defendant Rhona P. Bates, Barbara Sumple-Sullivan, Esquire joins in this Motion on behalf of her client for purposes of issuing the Order requested herein. WHEREFORE, Plaintiff requests this Court to issue the Order attached to this Motion for purposes of effecting the division of the Navy Pension as agreed to by the parties. I~ Attorney for Defendant Rhona P. Bates Date/~/~~ SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Basil B. Bates, Jr. Date: 3 //z ~0 3 -2- 549 Bridge Street New Cumberland, PA 17070-1931 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 yN~v~ Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Basil B. Bates, Jr. Date: March 13, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~J ~ ` ~":;' _ ~1~~~ al ~~_ , f ". i.. _~~ __ t',~_ .: ~ -, ~ t ~ . ' /_ rc - AP 2004 I~l JAMES R. HARDMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-368 LOTS H. HARDMAN, CNIL ACTION -LAW Defendant IN DNORCE STII'ULATION FOK ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COMES the Plaintiff, JAMES R. HARDMAN, by his attorney, JARAD W. HANDELMAN, ESQUIRE, and the Defendant, LOIS H. HARDMAN, by and through her attorney DIANE S. BAKER, ESQUIRE, and respectfully state as follows: 1. The parties hereto were divorced via decree issued by this Honorable Court on September 23, 2003. 2. A Marita] Settlement Agreement of the parties was executed on June 10, 2003. Numbered paragraph nine (9) of said Marital Settlement Agreement requires Plaintiff to transfer to Defendant the sum of y20,000A0 from his individual retu~`c;tn;!.t acocunt with Provident, which transfer shall be effected through a Qualified Domestic Relations Order (QllRO). 4. The attached QDRO has been prepared in order to accomplish the transfer of monies required by paragraph nine (9) of the Marital Settlement Agreement and the QDRO has b been approved by the authorized representative of Nationwide Provident. ar :~-- ~:- ~ - ~~ '~, J ~r'] ~..f-, _ ~'~ ~_, ~~ ri ~ ~l ~..~ ~1 L1, -_= W~ '~ -~~- '(~ - ^=` y r ~' C.} ~ _~l N A,, J ~ 3 ~~ :> The parties desire that the QDRO be entered so that it maybe forwarded to Nationwide Provident for the purpose of accomplishing the required transfer'ofmonies front Plaintiff s retirement account to Defendant. WHEREFORE, the parties hereto, intending to be legally bound hereby, jointly request that the attached Qualified Domestic Relations Order (QDRO) be issugd by the Court. _ ~ '. JARAD W. HANDELMAN, ESQUIRE/ Attorne s R. Hardman (~ Lau'VE S. BAKER, ESQUIRE Attorney for Lois H. Hardman J-!o -o of R. HARDMAN, Plaintiff LOIS H. HARDMAN, Defendant In The Court Of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Docket No. 01-368 James R. Hardman In Divorce v. Defendant Lois H. Hardman QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ ~ ~ay of ~ ~ s ~ I , 20 ~`~ ,based on the findings set forth below in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty-one: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on April 10, 1988 and divorced on September 23, 2003. 2. Participant Information: The name, last known address, social security number, and date of birth of the plan "Participant" are: Name: James R. Hardman ("Participant") Address: 5 Abbey Lane, Camp Hill, Pennsylvania 17011 Social Security Number: #199-26-3053 Birth Date: April 6, 1933 3. Altrernate Payee Information: The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Lois H. Hardman ("Alternate Payee") Address: 716 Quaker Circle, Lewisberry, Pennsyivania 17339 Social Security Number: #188-32-3708 Birth Date: September 5, 1942 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Nationwide Provident Market Street VIP II Contract No. 0204386420 (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. DRAFTED: 2/20/04 12-11-03-122-3563Q 5. Effect of This Order as a Qualified Domestic Relations Order: 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 pension plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("FRIBA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the Code and Section 206(d)(3) of ERISA and the Retirement Equity Act of 1984, P.L. 98-397. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. For Provisions of INarital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee a portion of the Participant's Total Account Balance under the Plan in an amount equal to Twenty Thousand Dollars ($20,000.00) as of June 10, 2003. The Alternate Payee's portion of the benefits described above shall be allocated on a prorata basis from all of the accounts and/or investment funds maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on her behalf. This Account(s) will initially be established in the same fund mix percentages as the Participant maintains in his account. Additionally, the Alternate Payee's account shall be credited with any interest and investment income (or losses) attributable thereon from June 10, 2003 (or the closest valuation date thereto), until the date of segregation of the amount for the Alternate Payee. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, her benefits shall be paid as soon as administratively feasible following the date this Order is approved as a ODRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan participants and beneficiaries, including, but not limited to, the rules regarding in- service withdrawals and distributions, the right to designate a beneficiary for death benefit purposes, and the right to direct Plan investments, all to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, her estate), shall receive the remainder of any unpaid benefits under the terms of this Order, and in accordance with the benefit option selected by the Alternate Payee. DRAFTED: 2/20/04 12-11-03-122-3563Q 12. Death of Participant: In the event that the Participant dies prior to the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 8 of this Order. Should the Participant predecease the Alternate Payee after the new account(s) have been established on her behalf, such Participant's death shall in no way affect the Alternate Payee's right to the portion of her benefits as stipulated herein. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order that was previously deemed to be a ODRO; or (d) to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: 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 to make the necessary calculation of the benefit amounts contained herein. 15. Continued Qualified Status of Order: It is the intention of the parties that this ODRO continue to qualify as a ODRO under Section 414(p) of the Internal Revenue Code, 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. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The tax basis of the assets awarded to each party by this Order shall be a proportionate share of the Participant's total tax basis in all the assets currently held in the Plan. The Participant shall make such documents and records as are reasonably required by the Alternate Payee to determine such tax basis available to the Alternate Payee. 17. Constructive Receipt: In the event that the Plan Trustee 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 the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan Trustee 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 DRAFTED: 2/20/04 12-11-03-122-3563Q i u i that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: 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. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to, the recharacterization thereof as a division of benefits under another plan, or as an award of disability benefits that may become payable under the Plan, or to make an award of spousal support, if applicable. 20. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that circumvent the terms and provisions of this Qualified Domestic Relations Order, or that diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, the Participant shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions, and to the extent of the Alternate Payee's full entitlements hereunder. 21. Notice of Pending Retirement: In the event that the Plan Administrator requires the Alternate Payee to wait until the Participant's actual date of termination or employment or retirement before becoming eligible to receive her distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following his termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. DRAFTED: 2/20!04 12-11-03-122-3563Q BY THE COURT: C> '~ C o ~ - : ,r T . r ~ ; ~,. r;-~~~ .,__ ;ern ' ra ~ ~ `- ~' T'T{ r~ Ti ` ~' ..,.a ~ ~. .~ _ ~~ m °.~ iJ ~ ~ ~1~ I:,_ _ ... _ _ _ _ _ iaaaapsa ~crcF+,-£aee.. ,€+°:ravliusM.: aYt .un'rv~~3~cs ,i=~?= POST-NUPTIAL AGREEMENT THIS AGREEMENT, made and entered into this 31st day of January, 2002 by and between: BASIL B. BATES, JR., of 330 S. Washington Street, Apt. 3, Mechanicsburg, PA 17055, parry of the first part, (hereinafter "Husband") AND RHONA P. BATES, of 1109 Tiverton Road, Mechanicsburg, PA 17055, party of the second part, (hereinafter "Wife") WITNESSETH: WHEREAS, Husband and Wife (collectively the "parties") were married to each other on December 6, 1980 in Baltimore, Baltimore County, Maryland; and WHEREAS, the parties last resided with each other at 1109 Tiverton Road, Mechanicsburg, Pennsylvania; and WHEREAS, the parties have three children of their marriage; namely Lauren A. Bates, bom February 11, 1984, Kristen K. Bates, born June 6, 1986 and Basil B. Bates, III, born June 20, 1988. WHEREAS, certain differences have arisen between the parties, as a consequence of which they separated on November 6, 2002 and now live separate and apart from each other; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof with Husband represented by Keith O. Brenneman, Esquire and Wife by Barbara Sumple-Sullivan, Esquire; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. TANGIBLE PERSONAL PROPERTY. With the exception of a 9mm handgun, a .38 caliber police service revolver and the gas grill, Husband hereby covenants and agrees to set over, transfer and assign absolutely to Wife all of his right, title and interest in and to any and all of the furniture, furnishings, rugs, equipment, appliances, books, dishes, decorative items, utensils, silverware and any other household goods or miscellaneous personalty of any nature, without limitation by specification, which are presently located at the premises known as 1109 Tiverton Road, Mechanicsburg and Husband hereby releases and relinquishes all claims and demands whatsoever as to the whole or part of those items of personal property. Wife hereby releases and relinquishes all claims and demands whatsoever as to all or any part of the personal property presently in the possession of Husband identified in Exhibit A attached hereto and incorporated by reference herein, as well as the 9mm handgun, .38 caliber police service revolver and gas grill, which Wife will make available to Husband for Husband to remove within ten (10) days of the parties' execution of this Agreement. The parties declaze and acknowledge that they are fully aware and familiar with all assets and real property that each has brought into the mamage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. MARITAL PROPERTY AT 1109 TIVERTON ROAD, MEGHANICSBURG. The parties acknowledge that they have jointly acquired title to certain real estate improved with a residence known as 1109 Tiverton Road, Mechanicsburg, Pennsylvania (referred to herein as the "marital residence"). The parties further acknowledge that the mazital residence is encumbered by three (3) mortgages: Chase mortgage, Account No. 1179010830, Chase mortgage (home equity loan) Account No. 00009891715493 and a Gateway mortgage (home equity loan), Account No. 713303-10-121970-3 (collectively the "Mortgages"). The parties acknowledge that they have entered into a written agreement to sell the marital residence for the sum of $320,000.00. Wife, who is residing in the mazital residence with the parties children, agrees to keep the residence in a neat and clean condition during the time of her occupancy with the parties' children until closing. At closing on the sale of the marital residence, the Mortgages will be paid in full and satisfied and all net proceeds of the sale, subject to the conditions set forth in Paragraph 5, below, aze agreed to be utilized as follows; up to $11,000.00 shall be reserved and utilized for a deposit on the purchase of a residence for Wife located at 4075 Darius Drive, Mechanicsburg, as described in Paragraph 5, below, as well as the closing costs associated with the purchase and closing on same, and the balance thereof shall be used to pay down the debt on the MBNA Visa, identified in Paragraph 7.d. For purposes of this Paragraph, the term "net proceeds" shall mean those proceeds received from the sale of the marital residence after deduction of the payoffs and satisfaction fees for the Mortgages, realty transfer tax, any unpaid real estate and municipal chazges prorated as of the date of closing, all costs agreed to be paid by the parties specified in the agreement of sale where applicable and any other liens, chazges and expenses customarily paid by sellers of real estate in Cumberland County and necessazy to be paid for purposes of ensuring transfer of marketable title in the marital residence to the purchaser free of all liens and encumbrances. Husband agrees to pay and be responsible for all mortgage payments (which include real estate tax and hazard insurance escrow payments) and utility expenses up to the date of closing on the marital residence. The parties agree Wife shall receive the -balance of any amounts in the tax and insurance escrow account associated with the marital residence. 5. PURCHASE OF RESIDENCE FOR WIFE. The parties acknowledge and agree that Wife is purchasing a property improved with the residence located at 4075 Dazius Drive, Mechanicsburg. Husband hereby waives and relinquishes any right or interest in or to that property. 6. BANK ACCOUNTS. The parties acknowledge that the following bank accounts consist of all bank accounts titled in their names, whether separately or jointly, and constitute marital assets: TYPE OF BANK ACCOUNT/NO. BALANCE a. Members First 1. Sauings, No. 194757 $25.00 2. Checking No. 194757 763.50 b. Navy Federal Credit 1. Share Savings, Union No. 0620240-002 5.17 2. Share Checking, No. 062024-705 5.25 3. [other account or accounts in Wife's name] Unknown c. Members First 1. Share Checking, No. 153792 31.11 2. Share Savings, No. 153792 735.36 3. [other account or accounts in Wife's name] Unknown Wife shall receive all funds in the bank accounts identified in 6.b.3 and c.3., above; Husband shall receive all funds in the bank accounts identified in b.a., 6.b.1. and 2. and 6.c.1. and 2., above. The parties agree to sign all necessary forms and documents within ten (10) days of the date of this Agreement to effect the sole ownership of any joint accounts as allocated above. 5 7. MARITAL DEBTS AND FUTURE OBLIGATIONS. In addition to the Mortgages identified in Paragraph 4, above, and the debt associated with the vehicles identified in Paragraph 8, below, the parties acknowledge that they have incurred the following debt during their marriage: CREDITOR/ACCOUNT NO. BALANCE DUE a. Dell Financial, Longaberger $1,500.00 (approx.) No. 400-1348712-001 b. Staz Military $4,353.22 No. 601945160021717054 c. USAA Federal Savings Bank $11,023.18 No. 5420396142133175 d. MBNA Visa $28,403.29 e. Members First $24,622.83 No. 4287590001537923 f. American Express (Delta Skymiles) $21,045.86 No.3725-218109-21002 g. Hecht's $345.18 h. BonTon 0 i. J. C. Penney's 0 j. Sears $5,213.12 k. American Education Services $24,684.00 No. B014201461102222 I. Boscovs $585.00 m. Chase No. 5491045000089870 $4,341.19 n. Firestone No. 0018878647351901 $1,115.00 Husband agrees to be solely responsible for and timely pay the debt identified above in 6 Paragraphs 7.b., c., d., e., f., j., k., m. and n., above. wife agrees to be solely responsible for and timely pay the debt identified above in Pazagraphs 7. a., g., h., i. and 1., above. The parties agree that any and all obligations incurred subsequent to February 1, 2002 shall be the sole and sepazate liability and responsibility of the party incurring the obligation. Each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other parry and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and other debts and obligations incurred prior to the parties' separation for which such party is obligated under the terms of this Agreement. Husband agrees that in the event he should file for or be subject to bankruptcy and the debt described above and payable by him should be dischazged in whole in said bankruptcy, then Husband shall pay Wife additional alimony of $1,000.00 each month, in accordance with Paragraph 14, below. 8. MOTOR VEHICLES. The parties acknowledge that they acquired during their marriage the following motor vehicles: VEHICLE TITLE OWNER LIEN HOLDER a. 2001 Town & County LXl Husband and Wife Members First Wagon 4x2 b. 1999 Satum SL2 Husband Chase Manhattan 4 door Sedan c. 1986 Volkswagon Jetta Husband and Wife None 4 door Sedan d. 1992 Plymouth Grand Husband and Wife None Voyager 4x2 7 *Husband has taken Wife's name off all accounts except the creditors listed in 7(b), (c) and (e). Husband agrees to attempt to refinance said debts in his name alone within ninety (90) days of the date of this Agreement. If unsucc sful, Husband agrees to attempt to refinance again in ninety (90) day intervals. The parties agree that Wife shall retain exclusive possession and ownership of the 2001 Town & Country wagon and the 1992 Plymouth Grand Voyager and Husband shall retain exclusive possession and ownership of the 1999 Satum. The parties acknowledge that the 1986 Volkswagen Jetta will be sold by them or otherwise disposed of. Each party agrees to be solely responsible for and timely pay the debt on the vehicle that he or she shall possess and use hereunder and each shall indemnify and hold the other harmless of and from any and all claims, liability and attorney's fees azising from or related to the debt on his or her respective vehicles. The parties further agree that each shall be responsible for insuring any vehicles in his or her possession. In the event either parry should sell or trade in any vehicle that he or she uses and possesses pursuant to this Agreement and a balance is owed the lien holder which exceeds the sale price or trade-in value, then the party selling or trading in said vehicle will be solely responsible for paying in full all amounts due the lien holder. The parties agree within 10 days of the date of this Agreement to execute the titles or powers of attorney to transfer all of their right, title and ownership in the vehicle to be owner solely by the other. 9. CUSTODY. Husband and Wife shall share legal custody of the parties' three children. Wife shall have primary physical custody of the parties' three children and Husband shall have partial physical custody of the children at such times as the parties shall from time to time mutually agree. The parties acknowledge that they are and have been able to cooperate and communicate with each other with respect to Husband's periods of physical custody with the parties' children and therefore believe there is presently no need to establish a detailed, comprehensive custody arrangement with respect to their children. 10. CHILD SUPPORT. Husband agrees to pay to Wife on account of the support of Kristen and Basil the sum of $2,000.00 each month payable by the 1 Sc of each month beginning February 1, 2003, until June 20, 2006 or until Basil graduates from high school, whichever is later. The amount of child support payable for this period shall not be subject to modification, will not decrease upon Kristen graduating from high school or attaining the age of 18 and shall not be reduced up to the time of Basil's 18th birthday or graduation from high school, whichever is later, despite changed circumstances. Husband agrees, effective March 1, 2003, to make child support payments through Domestic Relations for wage attachment and enforcement purposes. Wife shall initiate the support proceeding in order for Husband by March 1, 2003 to commence payments in the amounts required above through Domestic Relations. Husband agrees to provide medical insurance coverage on the parties' children through the United State Navy. Husband further agrees to provide medical and dental insurance coverage on Wife until the parties' divorce. At request of Wife from time to time, Husband agrees to provide proof of medical and dental insurance coverage on the children for whom Husband is paying support, which proof shall consist of a) the name of the health care coverage provider(s); b) any applicable identification numbers; c) any cards evidencing coverage; d) the address to which claims should be made; e) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; f) a copy of the benefit booklet or coverage contract; g) a description of all deductibles and co-payments; and h) copies of any claim forms. In addition to any other support obligations of the parties herein, 80 percent of any unreimbursed medical and prescription expenses shall be paid by Husband and 20 percent paid by Wife. Each parry shall pay to the other party his or her share of unreimbursed medical expense within thirty (30) days of being provided a copy of the statement or invoice indicating the expense or payment in full of same. For purposes of this provision, an unreimbursed medical 9 expense shall include, but not be limited to, co-payments made for prescription and doctor's visits. Wife, however, agrees to utilize military base medical facilities and services for doctor visits, medical procedures and medicine when available. Further, in addition to any other support obligations of the parties herein, the parties will share equally all costs and expenses for swim club, soccer and other team or other sports camps, day care expenses, team uniforms and sports equipment not to exceed $100.00 for any single expense unless mutually agreed to by the parties. Each party shall pay to the other party his or her share of the expenses for such activities and care within thirty (30) days of being provided proof of payment in full of the expense or within thirty (30) days of being provided a copy of the statement or invoice indicating the expense. 11. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 12. RETIREMENT BENEFITS. The parties aclrnowledge that Husband has a 401K retirement account associated with his employment by META Group, Inc., having a balance as of September 30, 2002 of $12,379.51 and that Husband is the owner of a Nauy Federal Credit Union IRA, account No. 0620240200, having a balance of $600.00 as of September 30, 2002. Finally, Husband receives $2,682.15 monthly as a retirement benefit. Husband shall receive, free of any claim or interest of Wife, the META Group, Inc. 401K account and the Navy Federal Credit Union IRA. The parties agree that the parties will each receive one-half (1/2) of Husband's monthly Navy retirement payment including all cost of living increases or other adjustments or increases and they will cooperate, through their counsel, in the preparation and 10 submission of a qualified Domestic Relations Order or other document for that purpose. Husband agrees to have his attorney prepare the necessary documents for division of the Navy retirement payment. For the month of February, 2003 only, the monthly allotment shall be paid to Wife by the existing drrect deposit method and she shall immediately remit one-half of the monthly payment to Husband. Husband warrants that he has no other retirement or militazy benefits other than those identified in this Agreement. 13. INVESTMENT/INVESTMENT ACCOUNTS/INSURANCE. The parties acknowledge that Husband is the owner of E*Trade Account No. 4897-8492 having a balance of $10,266.12 as of November 20, 2002 in which account Husband holds shazes of META Group, Inc. stock. The parties agree that Husband shall retain sole ownership of the E*Trade account and the META Group, Inc. stock. Husband also is the owner of a policy of insurance on his life which names Wife his beneficiary. The parties acknowledge that the policy has a death benefit of $200,000 and that Husband shall continue to maintain the policy at his cost, naming Wife irrevocable beneficiary, until Wife reaches the age of 62. 14. SPOUSAL SUPPORT AND ALIMONY. Husband agrees to pay to Wife the sum of $1,200.00 each month on the first day of each month as temporary alimony until the issuance of a divorce decree and thereafter, the sum of $1,200.00 each month until Basil graduates from high school. The parties agree that Husband's first payment to be made on February 1, 2003 shall be reduced to $225.00 in recognition of the $975.00 payment made by Husband to Wife for deposit on the purchase of the residence for Wife under Pazagraph 5, above. Upon Basil graduating from high school, Husband shall pay Wife the sum of $1,600.00 per month through January 31, 2014. The amount payable by Husband to Wife shall not be subject to modification for any reason. However, if Wife, contrary to their agreement that child support payable under Pazagraph 10 11 hereunder not be modifiable, seeks and obtains an increase in child support, the monthly amounts payable by Husband under this Paragraph 14 shall be decreased in the same amount that Husband's child support obligation is increased above $2,000. Such decreased alimony payments will continue until Husband is no longer obligated to pay child support, at which time alimony will be paid at $1,600.00 each month as provided herein. Husband also agrees to pay to Wife as alimony one-half (1/2) of any net bonus he receives from employment during 2003. "Net Bonus" shall be that amount payable to Husband after deducting from the gross bonus the amount necessary to reimburse Husband's employer for its advance of travel expenses (not to exceed $6,400.00) and all taxes and deductions withheld by his employer. It is the intention of the parties that all payments made by Husband to Wife shall be considered periodic payments in discharge of a legal obligation incurred by Husband under a written instrument incident to a divorce, and as such, such payments shall be includable in Wife's gross income and deductible by Husband in determining their respective taxable income. Husband's obligation to pay alimony hereunder shall immediately terminate in the event of the death of Wife, the death of Husband or Wife's cohabitation with a person of the opposite sex not related to her or her remarriage. 15. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Except as specifically provided for in this Agreement, each party waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital 12 property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 16. DIVORCE. The parties acknowledge that Husband on January 17, 2001 initiated a divorce proceeding in Cumberland County, Pennsylvania docketed to No. 2001-331 (the "Divorce Action"). The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits, waivers and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. Both parties agree to sign any and all consents and affidavits necessary for the issuance of a divorce decree based upon mutual consent of the parties pursuant to 23 Pa.C.S.A. § 3301(c), concurrently with signing this Agreement. Wife agrees her attorney shall deliver to Husband's attorney Wife's signed waiver and consent forms upon receipt of the February 1, 2003 support and alimony payment in the amount specified herein. 17. TAX IMPLICATIONS AND MATTERS. The parties agree to file joint tax returns for 2002 and that any tax refunds for 2002 shall be divided equally between them. Husband and Wife agree that for 2003, Wife may claim one child and Husband two children as dependents for federal income tax purposes, for 2004 Wife may claim two children and Husband one child and for 2005, Wife may claim all three children. In the event it is deternuned that there is any future tax liability of the parties, which liability relates to any yeaz the parties were mazried and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The pazties hereto agree to retain all tax returns pertaining to the yeazs of their marriage for a period of five (5) yeazs after the date of this Agreement. 18. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the 13 estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever dischazge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or dischazge either party from the obligations and promises made or imposed by reason of this Agreement. 19. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a sepazate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 20. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 21. BREACH; INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred 14 by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 22. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntazily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 23. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of mazital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now 15 have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 24. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 25. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 26. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 27. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. 16 IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: (SEAL) Basil B. Bates, Jr. Date: January 31, 2003 G1i~ (SEAL) ' Rhona P. ates Date: January 31, 2003 17 EXHIBIT A 1. My clothes dresser 2. Two office recliners* 3. One Office chair* 4. Five office bookcases* 5. Office desk* 6. Living Room Recliner (Red) 7. Solarflex (with associated pieces) 8. Exercise Weights (dumbbells and free weights) 9. "Ship's Hatch" Table from Kitchen 10. Wooden Wine Rack from Kitchen 11. New TV in garage 12. New VCR/DVD player in garage 13. My bicycle 14. Stand-up tool box (with tools) 15. Garage Shelf-unit (smaller one) with misc. tools and items 16. Golf clubs (left-handed set) 17. One Golf cart 18. Power tools (circular saw, sander, power drill, router, rip-saw) with associated parts/pieces 19. Easement bookcase (won't be taking this immediately) 20. Office books* 21. National Geographic collection 22. Misc. boxes in attic (those identified by Rhona to take) 23. Misc. boxes in basement (books, kitchen items recently purchased from Exchange) 24. Misc. camping equipment (tent, backpack, camp stove, lantern, and other misc. items agreed to by Rhona) All "office" items refer to 1"Floor Office 25. Boxed Stereo system in back of basement (amp w/two speakers) 26. Items in garage purchased recently from Exchange (misc. kitchen items, microwave oven) 27. Misc. items in office (pictures, lamps, etc.)* 28. Additional pictures/paintings identified by Rhona 29. Everything in my walk-in closet 30. All META Group (company business) items (e.g., printer, laptop, router, etc.) 31. Bunk bed set (won't be taking this immediately) 32. End tables (2) in basement (won't be taking immediately) 33. Stack of 2x4's in garage 34. Misc. basement books (identified by Rhona) 35. My clothes 36. Misc, sports gear (e.g., softball, soccer gear) All "office" items refer to 1~' Floor Office n ~~ n e,. e,s -n ~ ' : i„ G'r [ c ...J -~~'-1 ~ ~: ... f t _.~ ,~ _ l 1 r ..J - ~~ - :ra -, C..7 ~ ,;vsur^w.rc=~af.~enrcueuep€a~ta .. f~ . - - .. .. _ BASIL, B. BATES, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-331 CIVIL TERM RHONA P. BATES, Defendant :CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please 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 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on January 26, 2001. See Affidavit of Service filed January 30, 2001. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: February 1, 2003; by the Defendant: February 1, 2003. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: February 1, 2003; by the Defendant: February 1, 2003. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES I U l/ V L~ ~-- Date: February 7, 2003 By: SNEL6AKER. BRENNEMAN Attorney$ for Plaintiff & SPARE ~ r~ ~ <:, " °8 -. T7i .-r, -- ti,~ ~ - Gi `-n :7 ~ Fl1 r. ~:r arvu~ nv,~. IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNT4', PENNSYLVANIA t3as~ l ~ ~ I~z7~es oTr. . Plaintiff Z 06/' ~ 3 / G / 7E,en1 !~) QVs% ~ File No. /f// /~ -h 6~'/!/ / ' ,(/d ~~ S IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNANIC Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ~ after the entry of a Final Decreee in Divorce dilated ~ ~~ Z®d3 , hereby elects to resume the prior surname of /LEI OpQ C ~ / 0 2L°C'/C,f and gives this written nofice avowing his /her intenfion pursuant to the provisions of 54 P.S. 704. Date: Jr 3/ 2~ ~~a2~m, Signature Signature of name bein esumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CunvGuC~,,~..1) On the 3/,¢,~ day of , 200 G ,before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledgedthat he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ,,,,~ Q. hr.,_ceU. , Prothonotary or Notary Public 1R01lION~ NY NOTAR1f PUBIIQ GANL~SLE tNAIIBERLAND OOUrV1YC0[1RTHQ11Sf MY COMMIS$fGN EXPIRES JANUARY 4, 2010 ~L JAu Y~ 1lJ6„+q~Rk'CStiY~kaC++l~I~f " . as enuYF"'3~ Yt 14.7 SY~~a+<~$,~3:e a ~z yap w ~ ~ ~ ~ y;^,ry?€49r~~- 8,P;9~.Ka; eYu~t G "~i~'t C ~~` c~ ~-- ,T.l:: _. _~ J, :~ ; q. ~~ W ~~ c~ -~, T_ ~~ '~ ~J ' ~ T; :jCl ~~