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HomeMy WebLinkAbout03-5453JOHN R, WHIPPLE, Plaintiff DOROTHY A. BYRNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : 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 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 PlainfifE You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associafi~on ~ /,~ 2LibvrtyAv~m~3~ b, '~aff'~V~ ~. Carlisle, Pennsylvania 17013 Phone: (717)249-3166 Whipple, Pro Se [ [ JOHN R. WHIPPLE, Plaintiff V. DOROTHY A. BYRNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA :NO. 0 CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: 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 thc 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 the counseling sessions are to be borne 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 waiver of your fight to request counseling. Prothonotary JOHN R. WHIPPLE, Plaintiff V. DOROTHY A. BYRNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA :NO, -v58 : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF ~ DIVORCE CODE 1. Plaintiffis $olm R. Whipple, social security no. 165-38-0229, who currently resides at 2685 Spring Hill Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Dorothy A. Byme, social security no. 210-44-7405, who currently resides at 2685 Spring Hill Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residems in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 27, 1974, in Dauphin County, 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 marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiffmay have the fight to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests the Court to emer a Decree in divorce dissolving the marriage between the Plainfuff and Defendant. Respectfully submitted, '~2685 Spring Hill Lane Enola, PA 17025 (717) 732-3342 VERIFICATION I, John R. Whipple, verify that the statements made in this Pleading are tree 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. ff//John R. Whipple, Plaintiff/ [ JOHN R. WHIPPLE, Plaimiff V. DOROTHY A. BYRNE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA :CIVIL ACTION - LAW :IN DIVORCE , as evidenced AFFIDAVIT OF SERVICE. COMMONWEALTH OF PENNSYLVANIA COUNTY oFCq ~, g v ~ ~ :ss. AND NOW, thi~_day of..{~)c% ~o_4. , 2003, personally appeared before me, a Notary Public in and for the State and County aforementioned, John R. Whipple, Pro Se, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Def~adant, Dorothy A. Byrne, on '7o0~ ItSlo 0oo! ~)C¢, / ¢ ,2003, by certified mail number_,l Icj tO. (~ t 0 by the return receipt card attached hereto and made a part hereof~ ~/John R. Whipple, Pro Se ! ~ Sworn to and subscribed Before me this Day of_~ ~L~-05~.~003. ----'~quLm P,,.b!ie -- N&mALS A _ CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland Coun y ~ Commission Exp res April 4,200~ MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN JOHN IL WHIPPLE AND DOROTHY A. BYRNE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 30th day of December, 2003 by and between JOHN K WHIPPLE, of Cumberland County, Pennsylvania, and DOROTHY A. BYRNE, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, John R. Wtfipple (hereinafter called "Husband") currently resides at 2685 Spring Hill Lane, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, Dorothy A. Byme (hereinat~er called "Wife") currently resides at 2685 Spring Hill Lane, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 27, 1974; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of ail matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in generai, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutuai promises, covenants and undertakings here'mal~ter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and W'Lfe, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shail be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shail not molest, harass, disturb or maiign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Each party fully understands the facts and his or her legai rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being emered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each pa~ understands the impact of the Pennsylvania Divorce Code, whereby the court has the fight and duty to determine all marital rights of the parties including divorce, alimony, alimonypenclente lite, equitable distribution of all marital property or property owned or possessed individually by the other and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimonypendente lite, support and maintenance, equitable distribution and costs of litigation. 3. I)ISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, bu! not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, ear~ings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has filed, pro se, a Divorce Complaint in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to No. 03 - 5453 Civil Tenn. The parties agree that, at the end of the statutory waiting period, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, Husband shall supply Wife with a cert'rfied copy of the Divorce Decree. 5. EOUITABLE DISTRIBUTION. A. Real Estate. The parties are the joint owners of real estate located at 2685 Spring Hill Lane, Enola, Cumberland County, Pennsylvania. The parties agree that they will list the real estate for sale and, at, er consultation with a realtor, will establish a price consistent with the realtor's recommendation as agreed upon by the parties. Upon the sale of the residence, after payment of all liens of record and ordinary closing costs, the parties will divide the proceeds equally. As set forth in Paragraph 5G hereof, until settlement, the parties shall maintain their joint checking account with Commerce Bank. The Commerce joint checking account will be used to pay all household related expenses including, but not limited to, mortgage, taxes, insurance, credit card bills (both personal and business) as well as the personal expenses of the parties. These expenses are the ones currently being paid bom the jo'mt Commerce checking and business checking accounts. The parties will deposit all of their earned income into the joint account until settlement on the marital residence. In the event that the funds in the joint account, after contribution of the earned income of each party, is insufficient to cover monthly expenses, each party will then be responsible for contributing an amount equal to one-half (½) of the shortfall on a monthly basis. In the event that there is a balance in the joint and/or business checking accounts after settlement on the marital residence, the balance(s) will be divided equally between the parties. B. Furnishings and Personalty. The parties agree that they have, or will, divide by agreement between themselves, all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. In the event the parties cannot ultimately agree upon a distribution of personal property referred to above, either party retains the right to submit the issue of the division of personal property to the Court of Common Pleas, Cumberland County, Pennsylvania. C. Motor Vehicles. (I) Husband shall retain the following motor vehicles currently titled in his name: (a) 2000 Mercedes Benz S430; and (b) 1957 Chevrolet Bel Air (2) Wife shall retain the following motor vehicles currently titled in her name: (a) 2001 Mercedes Benz SLK320; and (b) 1998 Ford Explorer D. Life Insurance. Each party shall retain as their sole and separate property any life insurance policies in that party's name individually. E. Pension and Retirement Benefits. The parties are the owners of certain pensions/retirement benefits which were accumulated by them during their marriage. The parties agree that they shall equally divide these accounts in a manner to be determined by the parties in consultation with their financial advisor, William G. WalghL of JMG Financial Group, Ltd., Oak Brook, Illinois. The assets to be divided equally with approximate values are set forth below. (1) McDonald's Corporation Profit Sharing and Savings Plan with a value of $842,592.77 as of September 30, 2003 currently in the name of Husband. (2) IRA Rollover, Charles Schwab & Co., account no. 1152-1121, with a value of $196,046.41 as of November 30, 2003 currently in the name of Husband. (3) IRA Rollover, Charles Schwab & Co., account no. 2109-9280, with a value of $249,362.87 as of November 30, 2003 currently in the name of Husband. (4) IRA Rollover, Charles Schwab & Co., account no. 3118-8527, with a value of $208,632.97 as of November 30, 2003 currently in the name of Husband. (5) IRA Rollover, Charles Schwab & Co., account no. 8153-5251, with a value of $21,606.24 as of November 30, 2003 currently in the name of Husband. (6) Contributory IRA, Charles Schwab & Co., account no. 3112-5356, with a value of $27,895.98 as of November 30, 2003 currently in the name of Wife. (7) Schwab One Trust Account, Charles Schwab & Co., account no. 3001-4583, with a value of $153,919.40 as of November 30, 2003 currently designating Dorothy A. Byme as Trustee. Copies of the most current statements on said accounts as referred to above are attached and marked as Exhibit "A." The McDonald's Corporation Profit Sharing and Savings Plan shall be divided pursuant to a Qualified Domestic Relations Order. The remaining funds can be transferred through the parties' financial advisor. It is the intent of the parties in equalizing the distribution of all of these funds to complete any distribution in a pro-rata fashion based on the investments currently in the funds. (8) McDonald's Corporation Supplemental Profit Sharing and Savings Plan with a value of $463,302.99 as of September 30, 2003 currently in the name of Husband. The McDonald's Corporation Supplemental Profit Sharing and Savings Plan, attached hereto and marked as Exhibit "B", can only be distributed to Husband. Husband is scheduled to withdraw from said plan the amount orS10,000 per month beginning January 1, 2006. Husband agrees that he will share equally with Wife the withdrawals on a monthly basis in a manner to be determined by the parties after consultation with their financial advisor previously mentioned. These withdrawals must take into account the tax consequences (including Federal and State taxes) of the payments. It is the intent of the parties to distribute the net from said payments unless some other arrangement is agreed upon by the parties. At the time Husband prepares his tax return for the year in which such payments are made to Wife, he shall determine through his accountant the actual tax consequences of the payments, and in the event the amount paid to Wife is less than the actual net from the payments, the difference will be paid to Wife within thirty 00) days of the filing of the tax return. In the event that the payments to Wife are in excess of the actual net amount from the payments, Wife shall pay to Husband within thirty (30) days of the filing of the tax return by Husband the overpayment to her. Wife shall be designated as beneficiary on the plan in the amount of one-half (~) of the balance in the account at the time of the death of Husband in the event that all of the monies have not been withdrawn. F. Stock O~tions. The parties agree that they will share equally stock options acquired by Husband during his employment at McDonald's Corporation. A copy ora schedule of said options is attached hereto and marked Exhibit "C." Because the options are not assignable to another party, Husband must exercise the options. Husband will provide Wife with copies of all notices and correspondence relating to the options in which Wife has an interest. At any time Wife requests that her portion of any given set of options be exercised (50%), Husband will make every reasonable effort to exercise said options as soon as practical. Husband shall pay Wife the net proceeds from the exercise of the option after taking into account the cost of the shares as well as the tax consequences (including Federal, State, FICA and Medicare taxes) of the sale. Husband shall make such payment to Wife within thirty 00) days after receiving the option exercise check. At the time Husband prepares his tax return for the year in which the options were exercised by Wife, he will determine through his accountant the actual tax consequences of the sale, and in the event the amount paid to Wife is less than the actual net from the exercise, as designated by Wife, the difference will be paid to Wife within thirty 00) days of the filing of the tax return. In the event that the payment to Wife is in excess of the actual net amount from the exercise, Wife shall pay to Husband within thirty (30) days of the filing of the tax return by Husband the overpayment to her. Wife shall be designated as beneficiary on the stock option plan in the amount of one-half(½) of the balance in the plan at the time of the death of Husband in the event that all of the stock options have not been exercised by the pa.qies. However, if Wife has exercised all of her 50% portion prior to the death of Husband, the remaining balance of stock options in the plan shall be the sole property of Husband's estate, ffW'ife has not exercised all of her 50% portion prior to the death of Hushand, she shall retain the rights to any remaining unexercised stock options within her 50% portion. If Husband has not exercised all of his 50% portion prior to his death, Husband's estate will retain the rights to any remaining, unexercised stock options within his 50% portion, G, Bank Accounts. The parties are the owners of bank accounts with Commerce Bank, both personal and business. Set forth below is a list of the accounts, their numbers and balances. (1) Commerce Bank Checking Account No. 053619040, joint account, approximate balance of $35,000 as of December 15, 2003. (2) Commerce Bank Account No. 0536032147, John R. Whipple & Associates, Inc., approximate balance of $41,000.00 as of December 15, 2003. Husband agrees that he will withdraw $39,000 from the John R. Whipple & Associates, Inc. account and deposit it into the jo'mt account referred to above, leaving a balance in the joint account of approximately $74,000.00. As stated previously, after the above deposit, the parties will continue to deposit all earned income into the joint account until the marital residence is sold and the proceeds are divided. The manner in which the account will be used is spec'~cally referred to in paragraph 5A hereof. After the sale of the residence is completed, the parties will divide equally any balance of the Commerce Bank accounts referred to herein. H. John R, Whioole & Associates, Inc. Husband shall retain as his sole and separate property, ownership of all shares of stock in the corporation known as John R. Whipple & Associates, Inc. Wife shall execute any documents necessary to transfer the said shares to Husband and shall have no claim to this business e~tity. Any fingncial obligations relating to the said corporation shall be the sole responsibility of Husband. I. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Pronertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such propeay, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. K. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of W'ffe, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and ail rights in such property from Wife to Husband. L. Marital l)ebt. The parties have a home mortgage with Chase Mortgage with a principle balance of approximately $317,000.00 as of November 5, 2003. The parties will pay offthe balance due on said mortgage at the time of the clos'mg of the sale of said residence. In the meantime, all mortgage payments will be made consistent with the provisions of paragraphs 5A and 5G hereof. The parties also hold a joint United Mileage Plus Visa, account no. 4388-5230-2990-3098. The parties pay the balance on the Visa account on a monthly basis. In addition, Husband has an MBNA MasterCard, account no. 5490-9900-7218~2361, which he uses exclusively for his business. The credit cards will remain in effect and will be paid out of the parties' joint Commerce Bank account referred to herein. Regardless of the status of the parties' divorce, they will continue to make payments from the joint account as specifically provided herein until the marital residence is sold. M. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A ~ability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. N. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court incurred by Wife in connection therewith. O. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife shall, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom including but not limited to costs of court incurred by Husband in connection therewith. P. Warranty as to Futur~ Oblilations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 6. COLLEGE EDUCATION. The parties' daughter, Martha B. Whipple, has entered her third year in college and the parties agree that at, er the division of the funds set forth herein each party shall be responsible for fifty (50) percent of the remaining cost for their daughter to secure her undergraduate degree. Said expenses will include room, board, tuition, books, fees and $350 per month for living expenses. 7. FIEALTH AND MEDICAL INSURANCE. The parties hereby agree to share equally in the payment of health and medical insurance coverage for both parties and their daughter until the settlement on the sale of the marital residence. Said payments will be made fi'om the Commerce joint checking account consistent with the provisions of Paragraph 5G hereof. Upon the settlement on the sale of the marital residence, Husband agrees to provide health and medical insurance for their daughter until she receives her undergraduate degree. Husband also agrees to make a one-time payment of $20,000 to Wife to provide for her future health and medical insurance. Said payment shall terminate Husband's responsibility for any further contribution to Wife's medical coverage. The said payment shall be made fi.om, and at the time of the distribution of the Schwab IRAs to the parties as provided for in Paragraph 5E hereof in consultation with the parties' financial advisor. Wife hereby waives any and ail future rights to any additional payments fi.om Husband for such insurance. 8. SOCIAL SECURITY. Husband agrees to make a one-time payment of $30,000 to Wife to compensate Wife for a share of Husband's future anticipated Social Security payments. Said payment shall be final, and will be made from, and at the time of the distribution of the Schwab IRAs to the parties as provided for in Paragraph 5E hereof in consultation with the parties' financial advisor. Wife hereby waives any and all future rights to any of Husband's future anticipated Social Security payments. 9. WAIVER OF ENHER1TANCE RIGHTS. Unless otherwise specifically provided in the Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shal/include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania~ or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternative beneficiary is otherwise designated, the beneficiary shail be deemed to be the estate of the deceased party. I I. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any clalra, right, rifle or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the furore. 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. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or fight of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimonypendente lite, alimony, equitable distribution, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiefion, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate fi.om any and all fights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or furore acts, contracts, engagements or liabilities of the other by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Permsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge fi.om all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other, 12. PRESERVATION OF RECORI)S. Each party will keep and preserve for a period of four (4) years fi.om the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the fight, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover fi.om the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the fights of the non-breaching party. 16. WAIVER O1~ BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: John R. Whipple 2685 Spring Hill Lane Enola, PA 17025 And to Wife, if made or addressed to the following: Dorothy A. Byrne 2685 Spring Hill Lane Enola, PA 17025 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. A/I acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the pa~ies signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION, COIIABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconc'fliation, cohabit as husband and wife or attempt a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. [lEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledged that he or she has carefully read this Agreement, acknowledges the right to secure legal counsel in reviewing the Agreement and has executed it voluntarily and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of the Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay the other party all fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WltEREOF, the parties hereto set their hands and seals on the dates of their acknowledgements. WITNESS W1TNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF ILt,70 ~ r tg~ On ~s, the ~%y of 30, o..,ar2o03, h~ore me,, Not~ Puhiic, personally appeared John R. Whipple, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and ~eknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA coom~ o~ P-~6 rI~ SS. NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Bore, Cumberland County My Commission Expires April 4, 2005 On this, the~t~ay of3 1~ (a ~t-~, 2003, before me, a Notary Public, personally appeared Dorothy A. Byme, 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 c .... NOTA~IAL La~D;A A. BREWBAKER, NOTARY PUBLIC I uarlislecommissionBOro, Cumberland County Expires April 4, 2005 ~ .4,TL,~NT,'% GA 3C6~ JCHN R WHIPPLE 2685 SI=RING HILL I=l~t.~, PA 1702~-1:2~8 ,,,ll&.llh ..MJ,h.Ah,M,hhl.hhA,.I,l. lh, It is kn~)t~a~ that ymJ lake Ore time to review ~ sta~ card~ly. If any k'~io~ is nQt accdete, cai{ 1-~T'.'-~O-4015. Due to daly vahJaU~. Hewh't muet ~ nodfled of ~,ors Dian Ae~ou, nt Value Opening Value on July t, Je00~ + ~~ - Loan -n~"-'a~WltS J.ly 1, 2003 o 8.ptomber 30, 2003 Board NO~ln~r 14.300~ ~Mder,~ Imld &l.~ to IMm in caah. Acaoun~ Summary Contrlbution~ Future Investment Elections ~ivity Summary by Fund EXif( 8 r'r' "fl" .j DOROTHY A BYRNE (COR) CHARLES SCHWAB & CO INC CUST IRA CONTRIBUTORY 2685 SPRING HILL LANE ENOLA PA 17025-1258 ~ DOROTMY A BYRNE TTEE DOROTHY A BYRNE DECLA~ATION OF TRUST U/A DTD 05/15/96 2685 SPRING HILL LANE ENOr.~. PA 17025-1258-- o=° ..o~. MGI).nlCn ~ 8nMdlmanld ~1~18k, lrilla and "Zl~hlle Pbe S1E2~ Supplamenlci Profit Shying mhd $lVinl. Plan July t, 2003 - 8opbmbor 80, 2~ JOHN R WHPPLE 2885 SPRII~ HILL. LN r:NOLA, PA 17D~1~:~ -,lll.,lll..,IJ,l,l..,ll,,hl,l,l,h,hl,J.6h,lh, MeDonnld'~ CMpm-ati~a Supplemental Pr calf 9brain and 8lVlRp Phn I-O.-4MY-~tK Parti~psnt Se~ice Repr~en~tNes ~e available Monday · ~iday, 6 a.m. to 8 p.m. ~T. PartiCipant Infermallon Data of Birth 00/2111046 Planning InformnUon & Transection Details are avalbble at w w w,r.tlramen~naap~rt. Gom/tg~ ·lan A~ount Value Opening VMge ma July 1, 2008 S4ti2,OJg.72 · W~ ~ + ~ ~ ~ingVil~ on ~ ~ ~ ~N ~ViI~~ ~3~ Bulletin Beard ~m f~r ~4. )~J tbdd Imm r. mM~ · mktkba Idln' -ddh a~dmm~ C~d~ ~4. II,au hanmm,/ qmd~m aleut ~r d~ldly et ~ · 4(mOunt SUmmary Future Investment Elections Activity Summary by Fund JOHN R. WHIPPLE, Plaintiff V. DOROTHY A. BYRNE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA :NO. 03 - 5453 :CIVIL ACTION - LAW :IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, by Order No. issued on the zz--~day of J7~,~,,¢ ,2004, the Marriage of John R. Whipple, Plaintiff, and Dorothy A. Byme, Defendant was dissolved; and WHEREAS, in connection with the Marital Settlement A~reement relative to the distribution of property between the parties, certain retirement benefits earned by John R Whipple are to be transferred to Dorothy A. Byme, information regarding said plan being as follows: Name of Plan: Plan Administrator: McDonald's Corporation Profit Sharing and Savings Plan (includes 401(k), Stock Sharing, Profit Sharing And ESOP components); Administrative Committee C/O Benefits Accounting, Dept. 028B McDonald's Corporation 2111 McDonald's Drive Oak Brook, IL 60523 P~icipant: Alternate Payee~ Allocation Date: John R. Whipple August 21, 1945 2685 Spring Hill Lane, Enola, PA 17025 165-38-0229 Dorothy A. Byme September 28, 1953 2685 Spring Hill Lane, Enola, PA 17025 210-44-7405 February 15, 2004 IT IS HEREBY ORDERED AS FOLLOWS: 1. Fifty percent (50%) of the ve~ted account balances maintained in the name of Participant under the 401(k), Stock Sharing, Profit Sharing and ESOP components of the above named Plan on a pro rata basis, determined on the Allocation Date, and adjusted to reflect gains and losses from the Allocation Date to the valuation date immediately preceding the date of distribution, shall be distributed to Alternate Payee by splitting and segregating said accoum in her name only subject to further direction and distribution by her. This new account will be eligible for immediate distribution at the direction of the Alternate Payee. The Plan will pay benefits to Alternate Payee in any form permitted by the Plan which is selected by her other than a qualified joint and survivor annuity with respect to Alternate Payee and her subsequent spouse. The form selected by Alternate Payee shall not affect the selection by Participant ora form of benefit, including Participant's right to designate a beneficiary other than or in addition to Alternate Payee. 2. It is imended that this Order will qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984, and the provisions hereof shall be administered and interpreted in conformity with such Act. 3. The court retains jurisdiction to amend this Order only for purposes of establishing or maintaining its qualification as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984; provided that no amendment of this Order shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided in said Plan. 4. A certified copy of this Order shall be promptly communicated to the Plan Administrator of the Plan by Participant or his counsel. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of the Court. Dated: ~.,. BY THE COURT: CONSENTED TO: o~ R. Whipple, ~ orothy A. Byme, Al.J/ffrnate Payee JOHN R. WHIPPLE, Plaintiff V. DOROTHY A. BYRNE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA :NO. 03 - 5453 CIVIL TERM :CIVIL ACTION - LAW :IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 15, 2003. 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 ora final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF ~ DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately at~er it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relatin~/)o unswom falsification to authorities. (//John R. Whipple, Plaintiff,~ / JOHN R. WHIPPLE, Plaintiff V. DOROTHY A. BYRNE, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA :NO. 03 - 5453 CIVIL TERM :CIVIL ACTION - LAW :IN DIVORCE AFFH)AVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 15, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed fi.om the date of both the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/c} OF T~IE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verifiy that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relat~ to unsworn falsification to authorities. Dorothy A. Byme, D JOHN R. WHllaPLE, Plaintiff DOROTHY A. BYRNE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - 5453 CIViL TERM : : CIViL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301 (d) of the Divorce Code. Date and manner of service of the Complaint: October 16, 2003 by restricted, certified mail. 3. 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 Divome Code: by Plaintiff: January 19, 2004; Defendant: January 19, 2004. (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 settled pursuant to a Marital Settlement Agreement dated December 30, 2003. 5. 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(d) 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.' January 19, 2004; by Defendant: January 19, 2004. and, date of filing of the Waiver of Notice of Intention to Request Entry ora Divorce Decree: Both the Plaintift~s and Defendant's Waivers are being filed simultaneous with this Praecipe. pple, Pro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .STATE OF PENNA. NO. 03-5453 CIVIL TERM JOHN R. WHIPPLE, Plaintiff VERSUS DOROTHY A. BYRNE, Defendant DECREE 1N DIVORCE AND NOW, DECREED THAT AND John R. Whipple Dorothy A. Byrne , '~c~'-t' , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement dated December 30, 2003 is hereby incorporated, but not merged, into this Decree in Div ce. BY THE COURT: / PROTHONOTARY