HomeMy WebLinkAbout04-0254CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 04 SCI l i U?l ?E1LYr?
ROBERT J. ELAND, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a decree of divorce or
annulment may be entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse,
Front and Market Streets, Harrisburg, 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 ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. COI - asy
ROBERT J. ELAND, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Cynthia A. Eland, an adult individual currently
residing at 121 Tory Circle, Enola, Cumberland County, Pennsylvania, 17025.
2. The Defendant is Robert J. Eland, an adult individual residing at 600
Starkey Road, Apartment 1202, Largo, Florida 33771.
3. Plaintiff has been a bona fide resident in the Commonwealth of
Pennsylvania, for a period in excess of six (6) months immediately previous to the filing
of this Complaint. Defendant had been a resident of the Commonwealth of Pennsylvania
until he moved to Florida three months ago.
4. Plaintiff and Defendant were married on or about May 17, 1985, in
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about April 11, 2003.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) -The marriage of the parties is irretrievably
broken. The parties separated on or about April 11, 2003.
9. Plaintiff and Defendant have no children under the age of eighteen.
10. Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that her spouse and she participate in counseling.
11. Plaintiff does not request that the Court require that her spouse and
she participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
Date: Respectfully submitted,
/ THE LAW OFFICES OF
SILLIKER & RE ?D
ark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
Attorney for Cynthia A. Eland
AFFIDAVIT
L COQ ?, 94ereby certify that the aforegoing is true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated: 11101r k1 X?--"6
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CYNTHIA A. ELAND,
Plaintiff
V.
ROBERT J. ELAND,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-254 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
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1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on January 20, 2004.
2. The marriage of the plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: ? Robed
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CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 04-254 CIVIL TERM
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ROBERT J. ELAND, CIVIL ACTION - LAW o
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c `i
OF THE DIVORCE CODE
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1. I consent to the entry of a final Decree in 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 statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unworn falsification to authorities.
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Date
Robert J. Elani
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CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 04-254 CIVIL TERM
ROBERT J. ELAND, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on January 20, 2004.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: Chia A. Eland
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CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-254 CIVIL TERM
ROBERT J. ELAND, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODY,
1. I consent to the entry of a final Decree in 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 statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: el "; ) q- C"
C) hia A. Eland
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MARRIAGE SETTLEMENT AGREEMENT
By and between
CYNTHIA A. ELAND
- AND -
ROBERT J. ELAND
Dated: ,,yze-4z / J 9 2003
INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ..................................................................... 4
3. Income Tax Prior Returns ............................................................ 6
4. Execution of Additional Documents ........................................... 6
5. Transfers Subject to Liens ........................................................... 6
6. Complete Listing of Property ...................................................... 7
7. Equitable Distribution of Property .............................................. 7
8. Relinquishment of Ownership ..................................................... 7
9. After-Acquired Property .............................................................. 8
10. Debts ............................................................................................. 8
11. Bankruptcy ................................................................................... 9
12. Health Insurance ........................................................................... 9
13. Alimony ........................................................................................ 9
14. Full Disclosure ............................................................................. 9
15. Releases ........................................................................................ 10
16. Indemnification ............................................................................ 10
17. General Provisions ....................................................................... 11
18. Fair and Equitable Contents ......................................................... 11
19. Breach ........................................................................................... 12
20. Independent Separate Covenants ................................................. 12
21. Void Clauses ................................................................................ 12
22. Execution of Documents .............................................................. 12
23. Applicable Law ............................................................................ 12
24. Non-Merger .................................................................................. 13
25. Disclosure and Waiver of Procedural Rights .............................. 13
26. Tax Advice ................................................................................... 14
27. Representation of Parties ............................................................. 15
Signature Page ................:.............................................................. 15
Acknowledgement Page ............................................................... 16
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this 102 day ofarf -2003, by
and between Cynthia A. Eland -AND- Robert J. Eland, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on May 17, 1985, at Dauphin County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on April 11, 2003.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
MARRIAGE SETTLEMENT AGREEMENT
By and between
CYNTHIA A. ELAND
- AND -
ROBERT J. ELAND
DatedV?Y" z /pZ , 2003
INDEX
PAGE
1. Divorce and Separation ....................................... ......................... 4
2. Division of Property ............................................ ......................... 4
3. Income Tax Prior Returns ................................... ......................... 6
4. Execution of Additional Documents .................. ......................... 6
5. Transfers Subject to Liens .................................. ......................... 6
6. Complete Listing of Property ............................. ......................... 7
7. Equitable Distribution of Property ..................... ......................... 7
8. Relinquishment of Ownership ............................ ......................... 7
9. After-Acquired Property ..................................... ......................... 8
10. Debts .................................................................... ......................... 8
11. Bankruptcy .......................................................... ......................... 9
12. Health Insurance .................................................. ......................... 9
13. Alimony ............................................................... ......................... 9
14. Full Disclosure ..................................................... ........................ 9
15. Releases ............................................................... ......................... 10
16. Indemnification .................................................... ........................ 10
17. General Provisions ............................................... ........................ 11
I8. Fair and Equitable Contents ................................. ........................ 11
19. Breach ................................................................... ........................ 12
20. Independent Separate Covenants ......................... ........................ 12
21. Void Clauses ........................................................ ........................ 12
22. Execution of Documents ...................................... ........................ 12
23. Applicable Law .................................................... ........................ 12
24. Non-Merger .......................................................... ........................ 13
25. Disclosure and Waiver of Procedural Rights ...... ........................ 13
26. Tax Advice ........................................................... ........................ 14
27. Representation of Parties ..................................... ........................ 15
Signature Page ................:..................................... ........................ 15
Acknowledgement Page ....................................... ........................ 16
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this /CX)- day of t2003, by
and between Cynthia A. Eland -AND- Robert J. Eland, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on May 17, 1985, at Dauphin County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on April 11, 2003.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. Pensions. Wife shall be entitled to retain complete ownership of her
Commonwealth of Pennsylvania State pension which is currently in pay status in the
amount of $562 per month. Husband's Pennsylvania State Police pension in the amount
of $2,850 per month is also in pay status. Furthermore, it is agreed between the parties
that Husband shall sign whatever documents are necessary to make Wife a
recipient/payee of his said pension plan, such that she will receive the sum of $1,144 per
month, with full survival benefits whether he survives her or not. Husband shall sign any
documents necessary to provide her with survival benefits, as well as her proportionate
share of any cost of living increases. Each of the parties shall have the right to name a
beneficiary of their share regarding any potential death benefits or survivor benefits,
beyond husband's aforegoing obligations regarding wife's survivor benefits. The parties
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shall equally divide the costs of preparing the Qualified Domestic Relations Order
through the office of Harry Leister, and they shall sign any documents necessary to
effectuate this provision.
B. The parties are the owners of real estate located at 913 Magnolia
Drive, Enola, Cumberland County, Pennsylvania, with an approximate value of
$225,000.00, and an existing mortgage of approximately $44,000.00. The marital
residence shall be sold, the home equity loan shall be paid off, and the net proceeds shall
be divided such that Wife shall receive 80 percent of the proceeds, which should be
approximately $120,000, and Husband shall receive 20 percent of the proceeds from the
sale of said home, which should be approximately $30,000.
C. All other marital assets shall be divided between the parties as follows:
Wife:
1. PSECU IRA - $17,116.40
2. PSECU Savings - $8,498.20
3. Allfirst Money Market funds - $16,208.00
4. Allfirst Savings - $1,966.00
5. Allstate Putnam account - $28,000.00
6. % of joint checking account - approximately $3,000
Husband:
1. IRA - $60,904.00
2. PSECLI Savings - $8,523.00
3. Street Rod Fund - $5,600.00
4. 'Iz of joint checking account - approximately $3,000
D. All personal property in the marital residence shall be divided equally
between the parties, with the exact details to be agreed upon between them. Furthermore,
Husband shall retain his 1997 Ford truck and the 1930 Model A Ford. Wife shall retain
her 1995 Toyota Camry. Husband shall pay off, within 30 days, the home equity loan
which was taken out in order to purchase his Ford truck, as more fully set forth in
Paragraph 2(B). Otherwise, each of the other vehicles is free of encumbrances.
E. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
4. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service of the Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
5. Transfers Subiect to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
6. Complete Listing of Propertv. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
7. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
8. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
9. After-Acquired Propertv. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
10. Debts.
Husband and Wife agree to be responsible for the joint debts of the
parties as follows:
A. The parties acknowledge that presently there are no
outstanding joint debts or credit card bills.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
11. Bankruptcy or Reorganization Proceedings. The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the same as if this Agreement had
never been entered into.
12. Health Insurance. The parties mutually agree that following their
divorce, each shall maintain their own separate health insurance policies. However, until
the time of said divorce, the parties shall maintain the status quo regarding health
insurance.
13. Alimony. Each of the parties hereby mutually agrees to forego or
waive any right they may have unto to alimony, alimony pendente lite, and/or spousal
support from the other.
14. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania
Divorce Code. The rights of either party to pursue a claim for equitable distribution of
any interest owned by the other parry in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
15. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
16. Indemnification. Each parry represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
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imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
17. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
18. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advise from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, trader the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
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19. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
parry shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting parry's attorney in any action or proceeding to compel performance
hereunder.
20. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
21. Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
22. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
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24. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
25. Disclosure and Waiver of Procedural Rights. Each party
understand that he or she has the right to obtain from the other parry a complete Inventory
or list of all property that either or both parties own at this time or owned as of the date of
separation, and that each parry has the right to have all such property valued by means of
appraisals or otherwise. Both parties understand that they have the right to have court
held hearings and make decisions on the matters covered by this Agreement. Both
parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each parry acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provide by the Pennsylvania Divorce Code.
13
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
parry that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
26. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
14
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
27. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T.
Silliker, Esquire. Husband has been represented by P. Richard Wagner, Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written. _
thia Au. Eland
l,"??v"?a.L(CS?? ???iLlO
Robean
15
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On thiQQ day of ?S - '2003, before me Subscriber, a
Notary Public, for the Commonwealth Pennsylvania, came Cynthia A. Eland, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
C)thia A. Eland ?Witness my hand and Notarial seal, the day and year aforesaid.
NOTAU"UAL Near P*6
lww?luw Y'?j, Dn0k0- h'
MY CannWo 2966 Now. 30, 2006 Notary Public
My Commission Expires:
COMMONWE LTH OF PP- L ANIA
P?QO-'a-))))) SS:
COUNTY OF
On this 12-?,day of ()Ak 2003, before me Subscriber, a
Notary Public, for the Commonwealth of ennsylvania, came Robert J. Eland, known to
me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement.
Robert J. Elan C???
Witness my hand and Notarial seal, the day and year aforesaid.
canvt? low mycWo"Womm" LC/3
#,q„r E*M MW IS. loot
Notary Public
My Commission Expires: JV07 oZO7j
16
CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 04-254 CIVIL TERM
ROBERT J. ELAND, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, P. Richard Wagner, Esquire, attorney for Robert J. Eland, Defendant,
hereby certify that I accept service on his behalf of a Complaint in Divorce in the above-
captioned matter on or about 2004, by first-class mail,
postage prepaid.
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to
authorities.
Date: 6 /;& y
/P. Ric Wagner, Esquire
CYNTHIA A. ELAND, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 04-254 CIVIL TERM
ROBERT J. ELAND, : CIVIL ACTION - LAW
Defendant : 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:
I. Ground for divorce: irretrievable breakdown under Section
(X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: January 23, 2004,
by first-class mail.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: August b, 2004 by Plaintiff, June 21, 2004 by
Defendant.
(b) (1) Date of execution of the Plaintiff's 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: The Marriage Settlement Agreement
between the parties shall be incorporated, but not merge with the final Decree in Divorce.
Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: August 10, 2004.
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: July 19, 2004.
6. Social Security Numbers:
(a) Plaintiff: 195-32-4735
(b) Defendant: 204-36-3199
i'ce' At ey for P aintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CYNTHIA A. ELAND,
Plaintiff
VERSUS
ROBERT J. ELAND,
Defendant
N 0.04-254 CIVIL TERM
DECREE IN
DIVORCE
AND NOW, DC400-N '-.? I
DECREED THAT Cynthia A. Eland
AND
Robert J. Eland
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
,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;
The Marriage Settlement Agreement between the parties shall be incorporated, but not
merge with the final Decree in Divorce.
P BY THE C
ATTCCT
Y e 3•'SO ?.,rt .
IT IS ORDERED AND
J.
PROTHONOTARY
lk.;2 Inc
N0
K 3 2004
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Cynthia A. Eland
Plaintiff CIVIL ACTION - LAW
VS. NO. 04-254
Robert J. Eland IN DIVORCE
Defendant
STIPULATION FOR THE ENTRY OF "DOMESTIC; RELATIONS ORDER"
AND NOW, this day of QQA:??`1 , a?7, the parties, Cynthia A.
Eland, Plaintiff and Robert J. Eland, Defendant, do hereby Agree and Stipulate as follows:
1. The Defendant, Robert J. Eland (hereinafter referred to as "Member") is a member of
the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to
as "SERS").
2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code,
71 Pa. C.S. §§5101-5956 ("Retirement Code").
3. Member's date of birth is October 9, 1949, and his Social Security number is 204-36-
3199.
4. The Plaintiff, Cynthia A. Eland (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is November 12, 1942, and her Social
Security number is 195-32-4735.
5. Member's last known mailing address is:
6066 43rd Terrace N.
St. Petersburg, FL 33709
6. Alternate Payee's current mailing address is:
121 Tory Circle
Enola, PA 17025
DRO'
Page 2
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with SERS at all times.
7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as
set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate
Payee.
8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the
terms of Option 3. The parties acknowledge that the Member's retirement option elections are
final and irrevocable.
9. The Alternate Payee's share of Member's retirement benefit is $1,144 of the Member's
gross monthly annuity together with the Option 3 survivor annuity. If any scheduled or ad hoc
increase is applied to Member's gross monthly annuity, the Alternate Payee shall receive a
proportional share of such scheduled or ad hoc increase.
10. Payments to the Alternate Payee shall commence as soon as administratively feasible
on or about the date SERS approves a Domestic Relations Order incorporating this Stipulation
and Agreement.
11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime.
12. If the Member dies before the Alternate Payee, the Alternate Payee shall be provided a
survivor benefit in accordance with Option 3 elected by the Meinber upon his retirement. Member
reaffirms his selection of Alternate Payee as his survivor annuitant and waives his right to select
a new survivor annuitant by reason of his divorce from Alternate Payee.
13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the
member's pension shall be paid to her estate.
14. Member shall execute and deliver to Alternate Payee an authorization, in a form
acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant
information concerning Member's retirement account. Alternate Payee shall deliver the
DRO*
Page 3
authorization to SERS which will allow the Alternate Payee to check that she has been and
continues to be named as the survivor annuitant under Option 3.
15. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS
shall issue individual tax forms to Member and Alternate Payee for amounts paid to each.
16. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefits not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as
provided in this Order. All other rights, privileges and options offered by SERS not granted to
Alternate Payee by this Order are preserved for Member.
17. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SERS to provide any type or form of benefit, or any option not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the basis of
actuarial value) unless increased benefits are paid to Member based upon cost of living or
increases based on other than actuarial values.
18. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order; provided, however, that no such amendment shall require SERS to provide any type or
form of benefit, or any option not otherwise provided by SERS, ELnd further provided that no such
amendment or right of the Court to so amend will invalidate this existing Order.
20. Upon entry as a Domestic Relations Order, a certified. copy of the Domestic Relations
Order and this Stipulation and Agreement and any attendant documents shall be served upon
I)RO-
Page 4
SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS
approval and SERS approval of any attendant documents and then shall remain in effect until
further Order of the Court.
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and seals.
BY T IC-0
J
Pl tiff/Alternate Payee
r•
Attorney for Plaintiff/Alternate Payee
oa,? Defendant/Me ber
a
'ZJ
V/
LAW OFFICES
JOHN B. MANCKE
P. RICHARD WAGNER
EDWARD F. SPREHA, JR.
MANCKE, WAGNER & SPRiEHA
2233 NORTH FRONT STREET
HARRISBURG, PA 17110
October 27, 2004
The Honorable Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Eland v. Eland
No: 04-254
Dear Judge Guido:
PHONE (717) 2347051
FAX (717) 2347080
Enclosed herein please find a Stipulation for the entry of a QDRO in the above-
captioned matter. It would be appreciated if you could execute the original and return to
my office in the envelope provided. I will then file the original and have copies
conformed for distribution.
Your attention is appreciated.
Sincerely
_Z
Rich Wagner
PRW/dks
Enclosures
I Q!,
V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs File No. N-I'S4 t'-r;A l R???
_ r IN DIVORCE
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking'Y
prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of fjQ?Q?Sk? , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date:
Signs e
Signature of ame being resum
COMMONWEALTH F PENNS VANIA }
COUNTY OF YVl
On the I) day of U L y , 200 8 before me, the Prothonotary or the
notary public, personally appeared the above afftant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand h ,!?w set my hand and ial
seal.
monwealth of It Pennsylvania
NOTARIAL SEAL
BRYAN J. KOLB, Notary Public
East Pennsboro Twp., County of?Cumbedand
My Commission Expires January 13, 2010
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2
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