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HomeMy WebLinkAbout08-1475 HARRY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 0a- 14115 Civil 1 e'm MONICA A. SMITH, Defendant CIVIL ACTION -DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST "THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 HARRY L. SMITH, Plaintiff V. MONICA A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA L'cc,:l T NO. ®f - lY75 CIVIL ACTION -DIVORCE COMPLAINT COUNT I DIVORCE UNDER 43301(c) or 43301(d) OF THE DIVORCE CODE 1. The Plaintiff is Harry L. Smith, who currently resides at 315H West Shady Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Monica A. Smith who currently resides at 18 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 12, 2001 in Marysville, Pennsylvania and separated on August 25, 2006. 5. The parties have one minor child: Emaleigh Smith, date of birth June 21, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither parry is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3341(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff requests this Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: 3 ' 3 -08 Timothy J. Colgan, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 HARRY L. SMITH , Plaintiff V. MONICA A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -DIVORCE VERIFICATION I, Harry L. Smith, verify that the statements made in this Complaint are 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. CS. '4904, relating to unworn falsification to authorities. Date: Fe b:e%ok ?. 12.vo Harry L. Smith Plaintiff At ? W 00 -C m -0 O d 'b a p C O b Pil - CJ? v 1 c-n urn rJ JfT7 `? N A c? co HARRY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1475 CIVIL TERM MONICA A. SMITH, Defendant CIVIL ACTION -DIVORCE AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Divorce Complaint, on the Defendant, Monica A. Smith, at the Defendant's present address as follows: 18 Mallard Court, Mechanicsburg, PA 17055, by certified mail, restricted delivery, return receipt requested on the 17th day of March, 2008. The Certified Mail Receipt and PS Form 3811 was not returned; therefore, attached is the United States Postal Service's verification of service with Defendant's signature, marked Exhibit "A" and made a part hereof by reference thereto. Date: March 19, 2008 WILEY, LENOX, COLGAN & MARZZACCO, P.C. B 0-ft I f" qJe ette L. Roberts COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK : SS On this, the 17th day of March, 2008, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARY IC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Timothy J. Colgan, Notary Public Dillsburg Boro, York County My Commission E)Oree OcL 3, 2010 Member, Pennsylvania Association of Notaries 1 ¦ Complete Items 1, 2, and 3. Also complete Rem 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: MONICA A.. SMITH 18 MALLARD COURT MECHANICSBURG, PA 17055 7A'kS Agent ? Addressee B. ' by (Pri J ? C. Date of Delivery I Y C f?. - . ?? t7l D. Is delivery address different from item 1? ? Yes If YES, enter delivery add G o r MAR. 1 7 2008 1 k 3. Sqrvioe Type tIMMiled Mail 13 Expre 11?al1SPs ? Registered ? Return ReceW?Merchar d ? Insured man ? c.o.D. 4. coal. 2. Article Number (rmnfw fiamservice k1w 7007 0220 0003 3289 6399 PS Form 3811, February 2004 DwwWc Return R?aipt taasos o¢ M ?sw EXHIBIT "A" a ? ?' `p-i x : ? - . ? . , ?' ? n ?. - -? ?. ,, ? ? ' -;?? ? ' 1? ?.. `i ?? . HARRY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1475 CIVIL TERM MONICA A. SMITH, Defendant CIVIL ACTION -DIVORCE MARITAL SETTLEMENT AGREEMENT 4k THIS MARITAL SETTLEMENT AGREEMENT, made this day of ,Aw ,4 st , 2008, by and between HARRY L. SMITH, (HUSBAND) and MONICA A. SMITH, (WIFE): WITNESSETH: WHEREAS, the parties were married on May 12, 2001, in Marysville, Pennsylvania and separated on August 25, 2006; WHEREAS, HUSBAND and WIFE are the natural parents of one (1) minor child: Emaleigh Smith, born on June 21, 1999; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and 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 by specification: the settling of all matters between them in relation 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 of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each parry shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each parry as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the ',date of execution'o or ',execution date,'o defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the ',date of execution'o or ',execution date'o of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the',distribution'o date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widowGss or widowerGss rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouseGss will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouseGss estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Timothy J. Colgan, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. This Agreement has been prepared by Timothy J. Colgan, Esquire, counsel for HUSBAND. At the commencement of and at all stages during the negotiations of this Agreement, WIFE has been informed that Timothy J. Colgan, Esquire has acted solely as counsel for HUSBAND and has not advised nor represented WIFE in any manner whatsoever. WIFE, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that she could be represented by counsel but at all times has elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other parry harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, all other personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. MOTOR VEHICLES: Each parry shall retain sole and exclusive possession of the any vehicle presently in their possession. Each party is responsible for any vehicle distributed to him or her, including the payment of any lien, insurance, registration and maintenance and each party agrees to indemnify and hold the other harmless for failure to meet their obligations pursuant to this paragraph. Furthermore, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 14. RETIREMENT BENEFITS: HUSBAND has retirement benefits through his employment with PSECU. Specifically, he as a 401(k) and a Money Purchase Plan. The marital value of the 401(k) is $14,697.00 of which WIFE shall receive fifty percent (50%) or $7,349.00. The marital value of the Money Purchase Plan is $23,534.00 of which WIFE shall receive fifty percent (50%) or $11,767.00. These funds total $19,116.00 and shall all be transferred from HUSBAND's Money Purchase Plan to WIFE via Qualified Domestic Relations Order. WIFE shall be solely responsible for the preparation of the Qualified Domestic Relations Order. In no event shall the entry of the final decree in divorce be delayed while the Qualified Domestic Relations Order is being prepared. 15. CHILD SUPPORT: The parties stipulate and agree that HUSBAND shall continue to pay WIFE $200.00 bi-weekly for the support of Emaleigh Smith. 16. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 17. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 18. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 19. AFTER-ACQUIRED PROPERTY: 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. 20. INCOME TAX: The parties have heretofore filed joint Federal, State and/or local income 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. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the B,Actlo), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widowoss allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other"ss estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either parry, at any time hereafter, discovers such an undisclosed asset, the parry shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Harry L. Smith ,C onica A. Smith WITNESS: t F COMMONWE TH OF PENNSYLVANIA . SS. 7, COUNTY OF r On this, da of sr y 2008, before me a Notary Public, personally appeared Harry L. Smith, know tom to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m, COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 20, 3009 COMMONWE TH OF PENNSYLVANIA SS. COUNTY OF I ? On this, the l day of , 2008, before me a Notary Public, personally appeared Monica A. Smith, known to a to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUZANNE M. DEDERER, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Aug. 20, 3009 71 cn e Ca -?C 1 HARRY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1475 CIVIL TERM MONICA A. SMITH, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on March 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. .--7J 2-1 /01 W"-t t Date Harry L. Smith Plaintiff FILED OF THE Pri "! - 2009 AUG I I Pal L": 2 -{ HARRY L. SMITH, Plaintiff V. MONICA A. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1475 CIVIL TERM CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. '7 Zq 0q1 "/`? 1 Harry L. Smith : ? ?? Date Plaintiff hlLl 2009 UG 1 { F,? 1 2 G HARRY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1475 CIVIL TERM MONICA A. SMITH, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on March 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 7 7 G?__ Date; OF THE v HARRY L. SMITH, Plaintiff V. MONICA A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1475 CIVIL TERM CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date ?T THE 2009 AUG I' I P `t 12: e-' PC HARRY L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1475 CIVIL TERM MONICA A. SMITH, Defendant CIVIL ACTION -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: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was servied with the Complaint via Certified Mail, Restricted Delivery Mail on March 17, 2008, said Affidavit of Service was filed with this Honorable Court on March 24, 2009. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 29, 2009 ; By Defendant: July 27, 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated Aulzust 11, 2008, and filed with the Court on Auaust 15, 2008. J 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: August 11, 2009; Date Defendant's Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: August 11, 2009. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy o gan, squire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: '(0'09 H LFC---) 2009 SE 15 FM 2: 12 HARRY L. SMITH, V. MONICA A. SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1475 CIVIL TERM DIVORCE DECREE YA ?> Z,,' , it is ordered and decreed that AND NOW, HARRY L. SMITH, plaintiff, and MONICA A. SMITH, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order fd? alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (I no claims remain indicate "None.") The terms and provisions of the Marital Settlement Agreement signed by the parties and dated August 11, 2008 are hereby incorporated but not merged in the' Decree of Divorce and remain binding upon the parties. By the Court, I A t: •?• honotary 9• .2 1/• 9 •ay •os' y? ? ?•. HARRY L SMITH, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - LAW MONICA A. SMITH NO. 99-5669 CIVIL TERM DEFENDANT . QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated August 11, 2008. The court incorporated the Pro rty Settlement Agreement into its Decree of Dissolution of Marriage dated 5 Z 2? 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan whish is intended to be qualified under Internal Revenue Code of 1986 ("Code") § 401(a). The court intends this order to be a Qualified; Domestic Relations Order (`QDRO") within the meaning of Code § 414 (p). The Court: enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of fact pursuant to code § 414(p) 3. This QDRO applies to the Pennsylvania State Employees Credit Uniou Management Money Purchase Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator ,, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. The Plan Administrator's Name and Address is as follows: 1 Pennsylvania State 'Employees Credit Union 1 Credit Union Place Harrisburg, PA 17110 4. Harry L. Smith ("Participant") is a participant of the Plan. Monica A Smith ("Alternate Payee") is the alternate payee for the purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Harry L. Smith Home Address: 108 Redwood Drive Enola, PA 17025 SS#: 203-52-4110 DoB: 02/28/1967 6. The Alternate Payee's name, mailing address, social security number, ar4 date of births are: Name: Monica A. Smith Home Address: 9 Sussex Road Camp Hill, PA 17011 SS#: 167-56-3163 DoB: 06/20/1969 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $19,116. The administrator of the plan shall pay over and deliver to Pennsylvania State Employees Credit Union IRA for deposit into the account owned by the Alternate Payd$ the sum of $19,116, reduced by any penalty, fee, cost, or tax resulting from or the consequence of the transfer of the Alternate Payee's share into an account which is not IRA. Such distribution shall be made as soon as administratively possible. III. Recitals Pursuant to Code§ 414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10 10. This QDRO does not require the Plan to pay any benefits, which another order previously determined to be a qualified domestic relations order requires the Plan to pay another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediat? distribution of this amount, the Plan shall pay amount at Participant's earliest retirement j age as defined by Code § 414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the participant and alternate payees under the terms of the Plan, including but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives his/her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct he/her plan investments to the extent permitted under the plan. i 14. All payments made pursuant to this order shall be conditioned on the j certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. i 15. It is the intention of the parties that this QDRO continue to qualify as a WQDRO under Code § 414(p), as it may be amended from time to time, and that the P14 Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the participaO shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the r Alternate Payee shall immediately reimburse the Participant to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefit, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of the QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes the sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to the QDRO, the Plan shall treat the Alternate payee as a surviving spouse for the purpose of Code § §401(a)(11) and 417, but the Alternate Payee shall receive as surviving spouse only the amount described in paragraph 7 of this QDRO. The sole purpose of the Paragraph 20 is to ensure payment to the Alternate Payee in the event of the Participant's death prior to the payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to the QDRO, the Plan shall pay the remaining benefits under this QDRO to any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the PLAN Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after the receipt of this QDRO. 23• The Court shall retain jurisdiction with respect to this order to the extent required to maintain its qualified status and the original herein. intent of the parties as stipulated BY THE COURT: Judge CONSENT TO ORDER: Plaintiff g'JgFP 23 Phi 12? CU00.:.:. ` c C LF , W