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HomeMy WebLinkAbout08-3319 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JANICE C. TAYLOR, Defendant NO. 6e - . .314 Cr 1 v? ?„ ?F1L..? CIVIL ACTION - LAW IN 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. o F- 3 3) cl 7cuk JANICE C. TAYLOR, CIVIL ACTION -LAW Defendant IN COMPLAINT IN DIVORCE 1. Plaintiff is John R. Taylor, an adult individual residing at 1245 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Janice C. Taylor, an adult individual residing at 4112 Carrington Court West, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 26, 1987 in Harrisburg, Dauphin County, Pennsylvania. 5 There is one (1) minor child born of this marriage being Casey A. Taylor, born March 26, 1991. 6. The parties separated on May 7, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with 3 3301 of the Pennsylvania Divorce Code. COUNT H EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, John R. Taylor, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and Dated: May 29, 2008 / Barbara Sump le-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 U • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JANICE C. TAYLOR, CIVIL ACTION -LAW Defendant ; IN AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: 40?lrq 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JANICE C. TAYLOR, Defendant NO. CIVIL ACTION -LAW IN VERIFICATION I, JOHN R. TAYLOR, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 5 8 (? ?j -TI W ' _rz Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JANICE C. TAYLOR, Defendant NO. 08-3319 CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Debra D. Cantor, Esquire, hereby accept service and acknowledge receipt of the above- captioned Complaint in Divorce on behalf of my client, Janice C. Taylor, having received said Complaint on the - day of ?? 52008. I hereby indicate I am authorized by my client to accept service on her behalf. 1 ebra D. , Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 c d ? cc `c1 C- ? m 3n m q .; rn r F s s? -?" c`? ? r=7 w MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this day of , 2009, by and between JOHN R. TAYLOR of Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"), and JANICE C. TAYLOR of Cumberland County, Pennsylvania, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 26, 1987 in Dauphin County, Pennsylvania, and; WHEREAS, there is one (1) minor child born of this marriage being Casey A. Taylor, born March 26, 1991; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Barbara Sumple-Sullivan, Esquire, for HUSBAND, and Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for WIFE. Each party acknowledges that he or she has received independent legal advice 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, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this 2 Commonwealth or any other court of competent jurisdiction. HUSBAND and WIFE represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS: HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE: HUSBAND has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 08-3319. Said action shall be limited to divorce 3 and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement or the expiration of 90 days. Said Affidavits and Waivers shall be promptly transmitted to counsel for HUSBAND who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION: 5.1 Marital Residence: The parties were the joint owners of real property located at 4112 Carrington Court West, Mechanicsburg, Pennsylvania, 17055. The parties acknowledge the sale of this property has taken place, resulting in proceeds of $149,419.37. HUSBAND received fifteen thousand dollars ($15,000.00) and WIFE received the remaining proceeds of one hundred thirty four thousand, four-hundred and nineteen dollars and thirty seven cents ($134,419.37.) Each party waives any right to claim any additional funds from these proceeds. 5.2 Investment Propert y: The parties are the owners of real property located at 4137 Nantucket Drive, Mechanicsburg, Pennsylvania 17050. HUSBAND shall retain this property. HUSBAND shall either assume or refinance the current mortgage within ninety (90) days of the execution of this agreement thus removing WIFE's name from the obligation. HUSBAND shall retain all equity in the property. HUSBAND shall prepare and WIFE shall execute a deed transferring her interest in this property to HUSBAND concurrently with the Marital Settlement Agreement. Said deed will be held in escrow by WIFE's attorney and shall be released to HUSBAND upon the refinance of these obligations. 4 Pending the refinance, HUSBAND shall remain solely responsible for all costs and obligations associated with this property, including but not limited to the mortgage, insurance, taxes, and utilities. HUSBAND shall indemnify and hold WIFE harmless from such. HUSBAND agrees to lease this property to WIFE"S mother pursuant to terms negotiated by Susan Confair, Esquire and Husband. WIFE's mother and HUSBAND will execute a lease prepared by HUSBAND and reviewed and approved by WIFE's mother's counsel, concurrently with the signing of the Marital Settlement Agreement and execution of the deed. 5.3 Retirement: HUSBAND is the owner of a Best of America IRA, account #3520, earned by HUSBAND during the course of the marriage. HUSBAND agrees to rollover twenty-five thousand dollars ($25,000) from this IRA to WIFE within 60 days of the execution of this agreement. HUSBAND's counsel shall prepare all documents necessary to effect the rollover. 5.4 Life Insurance: HUSBAND and WIFE own a whole life insurance policy with cash value. WIFE shall retain this policy and all cash value. HUSBAND shall execute all documents necessary to transfer this policy to WIFE. HUSBAND waives all right, title and interest to said cash value to WIFE. 5.5 Bank Accounts: HUSBAND has a Commerce Bank account #0058 and the parties had a joint Commerce Bank account #6934. WIFE had a Commerce Bank account #0624, 5578. WIFE is a co-owner on three accounts with her mother, namely #4861, 1231, and 0425. The parties liquidated the joint account and waive any and all claims to that money. WIFE waives all right to the interest in HUSBAND's account. HUSBAND waives any right, title and interest to WIFE's account as well as those accounts held jointly with her mother. HUSBAND and WIFE agree that any funds held in an account of their daughter, namely 5 Commerce Acct. #0274, are her property and they waive any right, title and interest they may have in her account. 5.6 Personal Property and Vehicles: The parties hereby acknowledge and agree that they have divided, to their satisfaction, all personal property, including a 2002 Acura MDX currently in HUSBAND's name that is to be retained by HUSBAND and a 2000 Toyota Avalon XLS that is currently in WIFE's name and is to be retained by WIFE. The parties have also divided all household belongings to their satisfaction. Each party waives all claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree and understand that they are obligated to sign any titles or documents necessary to give effect to this paragraph upon request. Each party is required to pay all of the costs and obligations arising out of their use or ownership of the vehicles and agrees to indemnify the other from all claims arising out of such use or ownership. 5.7 Property of Wife: The parties agree that WIFE shall own, possess, and enjoy, free from any claim of HUSBAND, the property awarded to her by the terms of this Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from HUSBAND to WIFE. 5.8 Property of Husband: The parties agree that HUSBAND shall own, possess, and enjoy, free from any claim of WIFE, the property awarded to him by the terms of this Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This 6 Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from WIFE to HUSBAND. 5.9 Assumption of Encumbrances: Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.10 Taxes: By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, 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 effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the 7 other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. The parties agree to file a joint income tax return for 2008. If there is a refund or liability due upon filing, the parties shall either pay or divide this amount proportionate to their gross incomes for 2008. 5.11 Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.12 indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold WIFE liable for the debts or obligations assumed by HUSBAND under this Agreement, HUSBAND will, at his sole expense, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by WIFE in connection therewith. 5.13 Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE will, at her sole expense, defend HUSBAND against any 8 such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by HUSBAND in connection therewith. 5.14 Warranty as to Future Oblinations: Except as set forth in this Agreement, HUSBAND and WIFE each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.15 Release of Claims: WIFE and HUSBAND acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. WIFE and HUSBAND hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from 9 any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement 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. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE: The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole + responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that WIFE makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that 10 party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. COUNSEL FEES. COSTS AND EXPENSES: Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8. CHILD SUPPORT: The parties' child support obligation shall be in accordance with the pending Domestic Relations Order action and no separate agreement to modify or extend that obligation was reached as a result of this settlement. 9. WAIVER OF INHERITANCE RIGHTS: Effective upon the signing of this Agreement, HUSBAND and WIFE each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH: If either party hereto is in breach of any provision hereof, 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. The non-breaching party shall 11 be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 14. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: JANICE C. TAYLOR 5 Kings Arms Mechanicsburg, Pa 17050 and to Husband, if made or addressed to the following: JOHN R. TAYLOR 5075 Mendenhall Drive, Mechanicsburg, Pa 17050 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 16. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 17. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall 12 continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 19. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 20. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 21. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 13 22. AGREEMENT NOT TO BE MERGED: This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. 23. CONTRACT INTERPRETATION: For purpose of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: L?_ N R. TAYLOR JANI E C. TAYLOR 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C U,rrf'lG,t } SS.: } On this the day of , 2009, before me, the undersigned officer, personally appeared JOHN R. TAYL R, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto sfi6rnVhaad' notarial seal. COMMONWEALA OF PENNSYLVANIA My Commission Expires: Notadai seal y Barbara Sumple,Sullivan, Notary Public New Cumberland Boro, Cumberland County My Commission E)ires Nov. 15, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF `DW f?tJ SS.: On this the day of f7f , 2009, before me, the undersigned officer, personally appeared JANICE C. TAYLOR, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanne M. Barnhart, Notary Public City Of Harrisburg, Dauphin County My Cornmission E)ires June 7.2011 PennsvIvaniq'9. Association of Notarips 15 `? S t ;t t .„4?. JOHN R. TAYLOR, In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania V. : No. 08-3319 JANICE C. TAYLOR, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: February 18 , 2009 r-.D - -- P.y JOHN R. TAYLOR, Plaintiff V. JANICE C. TAYLOR, Defendant In The Court of Common Pleas Cumberland County, Pennsylvania : No. 08-3319 CIVIL ACTION -LAW IN DIVORCE I consent to the entry of a final decree in 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relatinq to unswom falsification to authorities. Date: February 18 , 2009 h? r l W F, .,rte ,-i `. L ?., .. ?T ..!± , tY.- _ ?? !.;?` :.r JOHN R. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-3319 JANICE C. TAYLOR, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29, 2008. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. tai (1?/ Janice C. Taylor Date: a - P y , 2009 ?n-,? e_tV,a ,Y ca :?7 _ 4C3 ?? ???? '? ?J :7?...?'i (`,n_ 44 _ ?R +-?J - •-` • Ti =1_ ; JOHN R. TAYLOR, Plaintiff V. JANICE C. TAYLOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3319 CIVIL ACTION - LAW IN DIVORCE I consent to the entry of a final decree in 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 herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Janice C. Taylor (17? Date: a ' a , 2009 _ i?? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, : IN THE COURT OF COMMON PLEAS Plaintiff V. JANICE C. TAYLOR, Defendant To the Prothonotary: : CUMBERLAND COUNTY, PENNSYLVANIA. : NO. 08-3319 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on June 2, 2008. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff February 18, 2009; by Defendant February 24, 2009. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated February 24, 2009 and incorporated, but not merged, into the Decree. See paragraph 22, page 14 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce ,waqled with Prothonotary : February 26, 2009. Date Defendant's Waiver of Notice in § 1 nvorce was filed with Prothonotary: February 26, 2009. Dated: February 25, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JANICE C. TAYLOR, Defendant : NO. 08-3319 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Debra D. Cantor, Esquire McNees, Wallace & Nurick 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 DATED: February 25, 2009 Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 rr ,.. -77) FEB 2 6 2009 ( Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN R. TAYLOR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -DIVORCE JANICE C. TAYLOR, Defendant NO. 08-3319 QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as "ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"). This QDRO is granted in accordance with the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502, et. seq., which relates to the division of marital property rights between spouses and former spouses in matrimonial actions. SECTION 1. IDENTIFICATION OF PLAN This Order applies to benefits under the Best of America Future Annuity II - Contract No. 01-5989410 (hereinafter referred to as the "Plan"). Nationwide Life Insurance Company (hereinafter referred to as "Nationwide") is the holder of the Plan. SECTION 2. IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE a. John R. Taylor is hereinafter referred to as the "Participant." The Participant's Social Security Number is 182-46-4671. The Participant's date of birth is September 24, 1959. The Participant's address is 5075 Mendenhall Drive Mechanicsburg, Pennsylvania 17050. b. Janice C Taylor is hereinafter referred to as the "Alternate Payee." The Alternate Payee's Social Security Number is 356-52-4100. The Alternate Payee's date of birth is August 13, 1956. The Alternate Payee's address is 5 Kings Arms, Mechanicsburg, Pennsylvania 17050. The Alternate Payee is the spouse of the Participant. SECTION 3. AMOUNT OF ACCOUNT TO BE PAID TO ALTERNATE PAYEE The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: A single lump sum payment of Twenty-Five Thousand Dollars ($25,000.00). The Alternate Payee's awarded interest shall be disbursed as soon as administratively possible after processing of this Order. SECTION 4. METHOD OF PAYMENT After submission of a certified copy of this order and approval of the Order as a Qualified Domestic Relations Order by the Plan Administrator, said sums shall be distributed to a qualified account for Alternate Payee. The method of payment shall be elected by the Alternate Payee on forms provided by the Plan Administrator. 2 SECTION 5. DEATH OF PARTICIPANT Payment of the Alternate Payee's separate interest shall not be affected by the Participant's death. SECTION 6. DEATH OF ALTERNATE PAYEE PRIOR TO DISTRIBUTION The Alternate Payee shall designate, on a form provided by the Plan Administrator, the person(s) to whom the Alternate Payee's separate interest is to be paid in the event of the Alternate Payee's death. If no designation is made, the interest shall revert to Participant. SECTION 7. COMPLIANCE WITH APPLICABLE LAWS AND PLAN PROVISIONS The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. a. The Participant and Alternate Payee shall each be responsible for his or her own federal, state and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. b. The Participant and the Alternate Payee shall notify Nationwide of any change of address. For purposes of notification, the Plan address is: Nationwide Life Insurance Company, P.O. Box 182021, Columbus, Ohio, 43218-2021. 3 C. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee as defined in Section 414(p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414(p) of the Code. d. The undertakings and obligations of the Plan, as set forth in this Order, are solely those of the Plan. Neither Nationwide, any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shall be deemed to have incurred any obligations as a result of this Order. e. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984, as amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this Court. The Plan may also take such fuuther action or actions as may be permitted by law with respect to such claim. 4 SECTION 8. RESERVATION OF JURISDICTION This Court reserves jurisdiction over the parties and the Plan until such time as the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. Further, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. Date: M u c-? 2, 2 v o 1 6 C ?LL- , JANICE C. TAYLOR Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff De n Cantor, Esquire Attorney for Defendant 5 BY THE COURT, Approved as to form and substance: AW -) ± ?t?1{3iti" ' ? -Tw JOHN R. TAYLOR V. JANICE C. TAYLOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 3319 DIVORCE DECREE AND NOW, it is ordered and decreed that JOHN R. TAYLOR plaintiff, and JANICE C. TAYLOR , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for 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: (If no claims remain indicate "None.") All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated February 24, 2009 and incorporated, but not merged, into the Decree. By Attest: J. Prothonotary Apv .1• e; A