Loading...
HomeMy WebLinkAbout04-0381 v. : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA ; NO. Ol.l- 3ft C-Lu~l'-r~ KAREN C. ADAMS, Plaintiff RONALD E. ADAMS, Defendant : CIVIL ACTION - LA W ; 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 MAYBE 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 KAREN C. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. C>I..f - 3?f : CIVIL ACTION - LAW : IN DIVORCE elL uL '-r~ RONALD E. ADAMS, Defendant COMPLAINT IN DIVORCE I. The Plaintiff is Karen C. Adams, an adult individual currently residing at 332 Liberty Court, Mechanicsburg, Cwnberland County, Pennsylvania, 17050. 2. The Defendant is Ronald E. Adams, an adult individual residing at 8 East Willow Terrace, Mechanicsburg, Cwnberland County, Pennsylvania. 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1981, in Cumberland 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 June 26, 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 June 26,2003. 9. Plaintiff and Defendant have two children under the age of eighteen, namely Kelsey R. Adams, born March 30, 1990 and Logan R. Adams, born September 21,1992. 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: 1/2 7/0 ~ Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD /'zj7'~.. /~/' Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 J.D. No. 33671 Attorney for Karen C. Adams AFFIDA VIT I, f(Ci/lU] C A d.u..rn;:', 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. 4909 relating to unsworn falsifications to authorities. Dated: / /:2 IltJ C( '/.~~ C Cc~ If - ...... ~~ ...c ~ ~ p ~ () ~ J o ~. ~ ~ ~~ ~ ;,::e g 10 ~ 2: o 0- ~ w .. ;g - (,.) ~ c..a. KAREN C. ADAMS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-381 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE V. RONALD E. ADAMS Defendant PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant, Ronald E. Adams, in the above-captioned matter. RESPECTFULLY SUBMITTED, Una,d; t7.J A1>>" Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: ~ l \. 0'~ () c: ~1Y}; zC V~';';,. e:c" ~E~:~-:. )>~ -< ...., = = ..... :..;;-= ,-~ So o -'11 ..~ -r . mF -aP1 -60 (:)6 :::;1-'\",; ?S;Q "n'_" t. ~ -:::~lT! t.j :,-.:~! SJ -<. C> -0 :31': N (..> 0'1 KAREN C. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-381 CIVIL TERM RONALD E. ADAMS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on January 29, 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. !l 4904, relating to unsworn falsifications to authorities. Date: ill fs ;(~/ ~ t1~ Karen C. Adams < '" ( o >;":. ,...., ~ c_ r::: ...- - N -oj ::.t ~? o .,.., :1.-n rnr=: -o,r-n y)' <3(,) :.,;~ :.l"..l. (~fl ,-.;>11 :.2t' 5? 0< - - KAREN C. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-381 CIVIL TERM RONALD E. ADAMS, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE lJIVORCE CODE 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 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 verify that the statements made in this Affidavit are true and correct. I understand that faIse statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authoriti.es. Date: ; II/oS- , ~~ t! 4/~ Karen C. Adams ~ ~ ce f~ -- ('..:l """ ~. Q. ::t-", \"\'~ -qO '0""\ t)C' -'~r~ ~~} :2'- ) ><_' fr\ t3 ~ t? -- -- KAREN C. ADAMS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-381 CIVil TERM RONALD E. ADAMS, Defendant CIVil ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Seclion 3301 (e) of the Divorce Code was filed on January 29, 2004. 2. The marriage of Plainliff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce afler service of notice of intention to request entry of the decree. 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 wilhout notice. 2. I understand that I may lose rights concernin~l 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 herein are true and correct. I understand lhat false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~?4Z Ronald E. Adams Dale: 7!z.o; S- - . , ," ,.,""".,.,' ,.q ." o c: ....., ~ ,,;;.~:> en '-- c::: o "Tl .-l :::c: rniIJ :~~ ;~~~ ~~ ~~5tTl j' N N (...:J 0J ",',-;;" ~ .. MARRIAGE SETTLEMENT AGREEMENT By and between KAREN C. ADAMS -AND- RONALD E. ADAMS Dated:-Apr; I / ~ ,2005 urA DC- l-( j.B/O~ INDEX PAGE I. Divorce and Separation............................,......................,..,......... 4 2. Division of Property..,......,..,.".....,..,..,.."....,..,.....,....,........,.. ..,.... 4 3. Child Custody ..,.....,......".....,......."......,.,.....,.....,.."............".,..... 7 4. Income Tax Prior Retums..........................................................,. 8 5. Execution of Additional Documents ...........................,....,.......... 8 6. Transfers Subject to Liens .............................................,........,..., 8 7. Complete Listing of Property ................................,..................,.. 9 8, Equitable Distribution of Property ,..............,............................., 9 9, Relinquishment of Ownership ...............................,..................,.. 9 10. After-Acquired Property......................................................,....... 9 11. Debts..........,........,..................,..,..,.............,..."........,..".........,..,... 1 0 12. Bankruptcy ...................,.....,..,.........,......,.......".......,........."......... II 13. Health Insurance.........,.,..".,..,............,........,..,..,..,......,..,............. 11 14. Alimony......,...........,.........,........,.......................,............,....."..",. II 15. Full Disclosure ........................................................,.................... II 16. Releases ........,..,.......... ,....,.....,.... ,.,..,..,... .....,..,........,...,...,........".. 12 17, Indemnification ..."..........,..."....,...,.,..,......,........,..,...................,.. 12 18. General Provisions ....,.................................................................. 13 19. Fair and Equitable Contents...,........................,..................,....,.... 13 20, Breach, ,..., ....... ,., ............,....., ,......... ,.,..,........,........' ,..... ........ ,.,...., 14 21. Independent Separate Covenants.....,.....................................,..... 14 22. Void Clauses ....,......,.....,..,................,.,..,........'.........,..,.........".." 14 23, Execution of Documents........,.....................,............................... 15 24, Applicable Law ....,................,................................................,..... 15 25, Non-Merger ...,.............,........,.........,..................."....,.."..,..........., 15 26. Disclosure and Waiver of Procedural Rights ........................,...., 15 27. Tax Advice ,'..,..,...............,..,......,..,.................,......,............"....... 16 28. Representation of Parties ............................................................. 17 Signature Page....., ........., ,..... ,., ...............,....., ..,.....,..,.........., .... ,... 17 Acknowledgement Page...,............ ..., ,..... ." ,....,..,.........,.. ......"..." 18 ~~ fA- CZ q,/05 t { {, 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this / J- tf..- day of -itp-;. I , 2005, by and between Karen C. Adams -AND- Ronald E. Adams, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on October 10,1981, at Cumberland 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 June 26, 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 ofthe parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 ~ iff IX , ~ . . L.11~/o:> 1. Divorce and SeDaration. The parties agree to the entry of a decree in divorce pursuant to Section 330l(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 ProDertv. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Subject to the additional provisions of this paragraph, Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 40 I K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment, subject to the following. It is acknowledged that Husband has a non-uniformed employees pension plan with the Borough of Mechanicsburg. The parties agree that Wife shall be entitled to a monthly benefit of Five Hundred and eighty-five Dollars ($585.00), as her share of the ~ /7C f( <' (j( q (~I()'> 4 marital portion of the pension. It is further agreed that Wife shall also be entitled to a proportionate share of any increases or other enhancements such as a cost of living adjustment that may accrue. Wife shall be considered a lifetime annuitant of this interest, and the parties shall cooperate in the preparation of a Qualified Domestic Relations Order to effectuate the terms of this paragraph. It is further agreed that Wife shall be treated as the surviving spouse for any pre-retirement survivor annuity that may become payable in the event of Husband's pre-retirement death. It is anticipated that said monthly payment shall commence on November I, 2017, assuming Husband retires at normal retirement age. It is further agreed between the parties that Wife shall be responsible for the cost of the preparation ofthe Qualified Domestic Relations Order, which shall be prepared by Harry Leister, Jr., F .S.A. 2. Husband and Wife are joint owners of real property located at 8 East Willow Terrace, Mechanicsburg, Cumberland County, Pennsylvania. Wife agrees to convey her interest in said marital home unto Husband in return for the sum of Thirty Five Thousand Dollars ($35,000) which shall be paid unto Wife within 90 days of -lie. c.lu.t. r7f~ 'f/f5/cr- the date of lilis J\greemeflt. In furtherance thereto, Wife's attorney shall prepare a Deed which Wife shall sign and shall be sent to Husband's attorney to be held in safekeeping. Thereafter, 5 ~ iff:T~1'5 Husband shall arrange for refinancing of the mortgage on said home within ninety days from the date of the Deed in order to remove Wife's name from the mortgage obligation. The Deed for the residence shall not be recorded unless and until Husband has refinanced the property and will pay Wife the $35,000 in question. In the event Husband is unable to refinance the mortgage within ninety days from the date of this Agreement, then the home shall be sold, and Husband shall be entitled to any net proceeds that may be realized as a result of the sale, after payment to Wife of her $35,000 share. Wife shall assume sole responsibility for the cost of Deed preparation. Husband shall be responsible for the recording of the Deed and the costs thereto. 3. Husband and Wife have an ownership interest in a lot of land which is adjacent to the marital residence. Husband and Wife agree that Wife shall transfer any and all right, title or interest she may have in said lot unto Husband. The preparation and filing of the Deed shall be the sole responsibility of Husband. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 40lK plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. ~ /Jf IX , tfL1 !I?( Or; 6 2. Husband and Wife are joint owners of real estate located in Colorado. Husband and Wife agree that Husband shall transfer any and all right, title or interest he may have in said lot unto Wife. The preparation and filing of the Deed shall be the sole responsibility of Wife. 3. Wife shall be entitled to the antique desk and mirror which are still at the marital residence. Wife shall contact Husband within 60 days of the date of this Agreement in order to arrange to pick them up. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. 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. Child Custody. The parties hereby acknowledge that they are the natural parents of Kelsey R. Adams, born March 30, 1990, and Logan R. Adams, born September 21, 1992. The parties agree that they will continue to share physical custody of the subject minor children, pursuant to the existing Custody Order dated July 28,2003. The parties further agree that for purposes of filing their Federal Income Taxes, Husband shall be allowed to claim Kelsey as a deduction, and Wife shall be allowed to claim Logan as a deduction. In the event Husband is no longer permitted 7 .~ {.' P /?-l ~ tf/ I tl.1 0 ') [.,./ a under the Internal Revenue Code Section 151 to claim Kelsey as a deduction, the parties shall thereafter alternate the exemption for Logan, and Husband shall be entitled to claim .trrr' eh.tS~ tpFft '-I(s-/o c;- Logan in the first year after his exemption4i=eM Kelse~should that occur. 4. 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. 5. 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. 6. 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 8 ~ /l7~ OD fC6lc( ~I 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. 7. Complete Listinl! of Propertv. The parties represent and warrant to each other that the property described in this Agreement represents all ofthe 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. 8. Equitable Distribution ofPropertv. 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. 9. 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. 10. After-Acquired Property. Each of the parties shall hereafter own and eJ1ioy independently of any claim or right of the other, all items of property, be they (y 1l7V1 U (~/oL: II ' I 9 \~ real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. ~. A. The parties agree that there are no outstanding joint debts, other than the mortgage on the marital residence. Husband shall be solely responsible for all costs regarding the marital residence, including but not limited to the mortgage, utility bills, and any maintenance or repairs including repairs to the septic system. It is further understood that he will refinance the existing mortgagees), within 30 days of the date of this agreement. 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 10 ~ /7lA ty/<l,(O( [,1 !J of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. BankruDtcv or Reore:anization Proceedine:s. 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 ofthe 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. 13. Health Insurance. The parties mutually agree that Husband shall maintain the parties' minor children on his health insurance through his employment as long as it continues to be available to him at no cost. In the event Husband's health insurance should change in the future and there is a cost involved for the insurance of the minor children, it is agreed between the parties that Husband and Wife shall equally divide the costs of said health insurance as well as any medical bills for the subject minor children. 14. Alimonv. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 15. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other II * Itb 100 ~1 ~ . t; II' ff" J 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 S3505(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 party 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. 16. 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. 17. Indemnification. Each party 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 12 ~ (j/fX Or; t11~ 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 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. 18. 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. 19. 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, under the circumstances, fair and equitable, and that it is fA 8/ c: , q \i& \0) 13 \~ 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. 20. 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 party 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 party's attorney in any action or proceeding to compel performance hereunder. 21. 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. 22. 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. ]4 ~ f}f(Y , ('3 '. t\ / o ) 23. 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. 24. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Non-Mere:er. 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. 26. Disclosure and Waiver of Procedural Ril!:hts. Each party understands that he or she has the right to obtain from the other party 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 party 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 party 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 ff7!X , "ICh(O? (,1 \ C 15 YA 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 provided by the Pennsylvania Divorce Code. 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 party 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. 27. 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 16 \~ fjf tx / . l 0 (? \. I cD &1 \ 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 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. 28. ReDresentation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. SilIiker, Esquire. Husband has been represented by Charles Rector, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 'IlnlDs ~I.~ {' Karen C. Adams ~/ p-/ 4~ ~.d~ M-- nald E. Adams 17 COMMONWEALTH OF PENNSYLVANIA ) ) 55: COUNTY OF CUMBERLAND ) On this ~ day of ()....- U , 2005 before me a notary public, lhe undersigned officer, person~red Ronald E. Adams, known to me (or satisfactorily proven) to be the person whose name is subscribed to lhe within instrument. and acknowledged that he executed same for the purposes lherein contained. In witness whereof, I hereunto set my hand and official seal. NOTARIAl"SEAl TAMMY s, FAUST, Notary Public lower Allen Twp., Cumberland County My Commission EJcplres July 5, 2008 COMMONWEALTH OF PENNSYLVANIA : f"nlili SS: COUNTYOF ~:J..' ('I}.... .: On this the E day of ~ f , 2005, before me a Notary Public, the undersigned officer, personauraPP~~ed Karen C. Adams known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTAlUAL8BAL __ D.....t ~,.. 1foIII1..... 1.-.r,... Ttrp..1l . .... c.-, My C. . ,1_- No\r. M. 2001 ( Notary Public ..IA3a JAlj!AfOl1 1IIM,woK ,ibodalln(I "'""If ~~.....,. ...u.'lIOW",r IOOC At .oroK nol.timm~') v' ~ , , ::-1-' ~::-J " c." V. RONALD E. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-381 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE KAREN C. ADAMS, Plaintiff ACCEPTANCE OF SERVICE I, Charles Rector, Esquire, counsel for the Defendant, Ronald E. Adams, accept service of the Complaint in Divorce, received on February 27, 2004, and certify that I am authorized to do so. c~~ Charles Rector, Esquire Date: .12\1\ d1 q "" C":":? L;:::> <;;."n .....- {:~~ (J) I t.o:l -,-~ en KAREN C. ADAMS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-381 CIVIL TERM RONALD E. ADAMS, Defendant 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: 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: February 27,2004, by first class mail, postage pre-paid. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: July 1,2005 by Plaintiff, July 20, 2005 by Defendant. (b) (I) 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 shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: July 12, 2005. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: July 22, 2005. 6. Social Security Numbers: (a) Plaintiff: 207-44-6737 (b) Defendant: 159-38-1117 ~ ~- -- Attome or Plaintiff ~~~? ;i\ i..:"~ .~ .," ~,' . I 0) t)'~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :t':'=;f; ;+; . . . :f.'" ;+;;+;;+;:."";+;;+; . . :+:;+;;+; :Ii ;+;;+; .;+; ;+;;+;;+;;+;;+; ;+; ;+; ;+;;+; "'''':Ii ;+;;+; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAREN C. ADAMS, Plaintiff No. U4.:-1Rl r'TVTT. 'I'~1'IM VERSUS RONALD E. ADAMS, Defendant DECREE IN DIVORCE ~/D:07~.1VI . ~, IT IS ORDERED AND AND NOW, />r-rX to DECREED THAT Karen C. Adams , PLAINTIFF, AND Ronald E. Adams , 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 Marriage Settlement Agreement betwel:n the parties shall be ~ . . . incorporated but shall not merge with the final Decree in Divorce: . . . . . . . . . . J. . . . . . . . . . . . ;+; ;+;;+; :Ii;+;"'''';+;;+; ;+;;+;;+;;+;;+;;+;;+; ;+;;+;;+;:ti;+;:ti;+; ;+;;+;;+;;+;;t;;+; ;+;;+;;+;;+; ~ < "';"- -, -' -..;" ......... ... ,-'-~ .- '" ~ w.- ~... .'" '-' .: - '......... . . _.~ \ .-".- - .... ;. .. . .....- ........ ""'-"'" .-~ ,.~/ ."" . . .-' '- ' I '. . , , ...' i itj< ..:a......,....:.... ~'\:...'-~ ",. ...."....."\;; - ~.~.., - 0.00.0.0.0.0.0.0.0.0.0.0.0.0.0.0. + Of. Of.;Ii:+';+; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~ ~ ~ ~~ J(7'(//'-$ ~ z ,. ~>~ ~V' -/p J(?' (//.$ - 3 Karen C. Adams Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ronald E. Adams NO. 04-381 CIVIL TERM Defendant DOAMSTIC RELATIONS ORDER, 1. The parties to this action have entered a Decree of Dissolution of Marriage dated August 10, 2005. 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 benefit plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court enters this Domestic Relations Order ("DRO") pursuant to its authority under the 23 P.C.S.A. §3502. 3. This DRO applies to the Borough of Mechanicsburg Non-Uniformed Employees Pension 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 benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Ronald E. Adams ("Participant") is a participant in the Plan. Karen C. Adams ("Alternate Payee") is the alternate payee for purposes of this DRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Ronald E. Adams Address: 8 East Willow Terrace Mechanicsburg, PA 17050 SS#: See Addendum DOB: See Addendum 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Karen C. Adams 2 f'00^ e, 14v Address: SS#: See Addendum DOB: See Addendum 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 Alternate Payee is assigned $585.00 per month from the Participant's normal retirement benefit. The Alternate Payee shall receive her benefits in the form of a single life annuity payable for her lifetime only. Since the Plan pays retirement benefits over the lifetime of the Participant, the Plan will convert the $585.00 per month payable over the Alternate Payee's lifetime to an actuarial equivalent benefit payable over the Participant's lifetime under the normal form of plan payment (single life annuity with 120 months of certain payments). This actuarially equivalent benefit will reduce the Participant's accrued normal retirement benefit which remains for the Participant's benefit. This actuarially equivalent benefit used to reduce the Participant's accrued normal retirement benefit may be more or less than $585.00 per month. In addition to the above, the Alternate Payee shall receive a pro rata share of any postretirement cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement, to the extent permitted by the Plan and state law. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefit is calculated pursuant to this Section 7. Notwithstanding the language set forth in this Section 7, in the event that the Alternate Payee becomes entitled to a preretirement survivor annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 7 shall be terminated as of the date of the Participant's death, and such preretirement death benefit shall be payable to the Alternate Payee in lieu of any other benefits to which she may be entitled under the terms of this Order. 8. The Alternate Payee shall commence receipt of her benefits under the Plan on the Participant's actual date of benefit commencement. The Plan Administrator is instructed to provide any required notice and election forms in a timely manner to the Alternate Payee before such date of benefit commencement. The Alternate Payee shall execute any forms required by the Plan Administrator. Should any early commencement reduction be necessary in the event that the Participant commences his benefits prior to his normal retirement date, then such reduction shall be applied to both the Participant's and the Alternate Payee's benefits. If the Alternate Payee commences benefits after the Participant's normal retirement date, any late retirement increase shall be applied to both the Participant's and the Alternate Payee's assigned benefit. 9. In the event the Participant predeceases the Alternate Payee prior to the date she commences receipt of benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Participant for the purposes of establishing the Alternate Payee's entitlement to receipt of a portion of the preretirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefit, the Alternate Payee and the Participant have satisfied the one (1) year marriage requirement under the provisions of the Plan. This designation applies to the portion of the Participant's accrued retirement benefit as defined in Section 7 of this Order. The Alternate Payee shall be treated as the surviving spouse for the purposes of receiving preretirement survivor annuity benefits equal to $585.00 per month and any subsequent spouse of the Participant shall not be treated as a surviving spouse for such purposes. A subsequent spouse will be eligible to receive any pre- retirement survivor annuity in excess of $585.00 per month payable to the Alternate Payee. In the event that the costs associated with providing this preretirement survivor annuity benefit are not fully subsidized by the Participant's employer, the Participant must make an affirmative election for such preretirement survivor annuity benefit coverage in a timely manner and in accordance with the Plan's election procedures. 10. If the Alternate Payee predeceases the Participant prior to the commencement of benefits, the Alternate Payee's portion of the Participant's benefits as set forth in Section 7 of this Order shall revert to the Participant. 11. If the Alternate Payee predeceases the Participant after the commencement of benefits, any benefits payable to the Alternate Payee shall cease to be paid by the Plan since they were payable for the Alternate Payee's lifetime only. 12. In the event that the Participant's accrued benefit is limited or reduced as the result of a benefit limitation imposed under Code §415, the Alternate Payee's share of the benefits shall also be limited or reduced in the same proportion and to the same extent as the Participant's benefits. 13. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Plan to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Plan 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 Alternate Payee shall immediately reimburse the Plan to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Plan within ten (10) days of receipt. 15. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this DRO, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient "1 k payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 16. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 17. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this DRO. 18. This DRO does not require the Plan to provide any type or form of benefit the plan does not otherwise provide. 19. This DRO does not require the Plan to provide increased benefits determined on the basis of actuarial value. 20. This DRO does not require the Plan to pay any benefits which another order previously determined to be a Qualified Domestic Relations Order requires the plan to pay to another alternate payee. 21. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. c rncc EXECUTED this day of ? w co B COUR c, c m Judge "- CONT TO ORDER: Plaintiff/ a ate Payee ate I ? 30 l? A torney for Plaintiff/ Date Alternate Payee r D ndant/Participant Date Attorney for efe ant/ Date Participant ,5,.I1,k-e;- `; earen Ac arks Char lrs Ic?"Al0 j &,, s ?1u,:. Itd -2/39 fi:) W c C-1 t'r Y G s