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HomeMy WebLinkAbout04-1339 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA J. DUNCAN, Plaintiff .. NO. 64- 1~7:J7 ~ .. .. vs. .. CIVIL ACTION - LAW IN DIVORCE .. MICHAEL S. DUNCAN, Defendant .. .. .. 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 MAYBE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE. YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE. CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY A VENUE CARLISLE, P A 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA J. DUNCAN, Plaintiff NO. () ~ ~ J"3 3 q vs. * * * * * CIVIL ACTION - LAW IN DIVORCE MICHAEL S. DUNCAN, Defendant * * * COMPLAINT COUNT I . DIVORCE UNDER ~3301 OF THE DIVORCE CODE 1. The Plaintiffis Pamela J. Duncan, who currently resides at 3472 Ritner Highway, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Michael S. Duncan, who currently resides at 3470 Ritner Highway, Newville, Cumberland County, Pennsylvania, although he is temporarily located at Shadow Ridge Apartments, 9375 Viscount, Apartment #617, EI Paso, Texas, due to an employment assignment. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 11, 1974, in Marysville, Pennsylvania. 5. There have been no prior actions of divorce or annuhnent between the parties. 6. Neither party is presently a member of the Anned Forces on active duty. 7. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) ~3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. (b) ~330I(c). The marriage of the parties is irretrievably broken. (c) ~3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff respectfully requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiffrespectful1y requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT 11- CLAIM FOR EOUITABLE DIVISION OF MARITAL PROPERTY UNDER ~3502(a) OF THE DIVORCE CODE II. Paragraphs one (1) tbrough ten (10) are incorporated herein by reference as if set forth in full. 12. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to ~3502(a) of the Divorce Code. COUNT III - CLAIM FOR ALIMONY PENDENTE LITE. SUPPORT COUNSEL FEES AND EXPENSES 13. Paragraphs one (I) through twelve (12) are incorporated herein by reference as if set forth in full. 14. By reason of this action, Plaintiffwi11 be put to considerable expense in the preparation of this case, in the employment of counsel and the payment of costs. 15. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action, 16. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 17. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay Plaintiff alimony pendente lite, support, cOWJSel fees, costs and expenses of this action. COUNT IV - CLAIM FOR ALIMONY 18. Paragraphs one (I) through seventeen (17) are incorporated herein by reference as if set forth in full. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support and to pay alimony to Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay alimony to Plaintiff. COUNT V - REOUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER ~3502(d) OF THE DIVORCE CODE 23. Paragraphs one (1) through twenty-two (22) are incorporated herein by reference as uset forth in full. 24. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 25. Pursuant to ~3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.c. Dated: oJ I<<;.J ~ 'I ~~u Bradle Winnick, Esquire 130 W t Church Street Dillsburg, PA 17019 (717) 432-9666 J.D. # 7&413 VERIFICATION I, Pamela J. Duncan, veruy that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. ~4904, relating to unsworn falsification to authorities. Date; "jJzz/O ~ ~~OA~ PAMELA J. D6NCAN Plaintiff ,7D) r;- ~ -J o -f--.. -- ~ .....j -...J o ~ -S:\ -J--: \--- ~ ~ c::: v~) c-. ~ ('- ~ ," cJ 1; 01u'\ V\ c (., (-3' .-.> (~.:l ':;:'-';) ~- ~i~ :;,'j r-, -T1 .-1 ~ -:",1 r11f-':':; ~,-,,-n iJ~ 'c/;;;:; < :f1- , , p.,) '--0 .' f'.,) L..,; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAMELA J. DUNCAN, Plaintiff NO. 20041-01339 * * * VS. * * CIVIL ACTION - LAW IN DIVORCE * MICHAEL S. DUNCAN, Defendant * * AFFIDAVIT OF SERVICI~ I, Sherie A. Minich, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Divorce upon the Defendant, at the Defendant's last known address as follows: Michael S. Duncan, Shadow Ridge Apartment, 937fi Viscount Blvd., Apartment #617, EIPaso, Texas 79925-0865, by certified mail, restricted delivery, return receipt requested on March 30. 2004, and the same was received by him on April 5, 2004. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: April 12, 2004 WILEY, LENOX, COLGAN & IMARZZACCO, P.C. By: -ik J..I" a..1f?17 j (' L S'~lerie A. M mch COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF YORK On this, the 12th day of April, 2004, before me, a notary public, personally appeared Sherie A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for th,~ purposes therein contained. WITNESS. my hand and notarial seal the day and year aforesaid. ~ BLIC My Commission Ex NDIIIIIII.... .. DIIm .... ~ .",*", PuIIIc My~~~2006 Member,PennsylvaniaA8fK>o;al. ..OINal1rte8 lr .., .., ~ U.S. Postal Service"" CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Covers Provided) ..D .-'l .-'l rn Certified Fee -~7'~'?;~ PW,D CJ CJ CJ D Return Reciept Fee (Endorsement Required) D Restricted Delivery Fee Ul (Endorsement Required) .-'l rn -'),\;. ':~~ Total Postage & Fees /~,~~ .~, ru CJ CJ f" . Complete ~ems 1, 2. and 3. Also complete ~em 4 ij Restricted Dell'*)' is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 111 fcAae~. ()Lt/let1/J .'fIt, ' , :sIr:ukJ0 . -eAp:u 1m ffl.f '.. q 37a ~W\.f /!;/vd.- Ap-l- ,:{F&n a 1/J5tJ, IX -/i~()5--($/"r- 3. Se~ Type B'Certified Mail o Registered o Insured Mail D~Mail ~eturn Receipt for Merchandise DC,Q.D, arv~ 4. Restricted DElfivery? (Extra Fee) 2. Micle Number (rransfer from service label) PS Form 3811 , August 2001 7002 3150 0000 3116 4889 Domestic Return Receipt 102595-01.M-2509 EXHIBIT "A" ~~ ~ "'" ~3 .J:"' :> "'1:' ;.<j w -0 ::"': r,,-" r',--. (') c: ;::"~ 1;1~ ,~,. , ~< o ~n .-t f1i ~~ ['-- ~Tlnl ~~ Q~~ ri'; '" = = .J:"' :no -0 :;;;;;.:; o -n ::;:l fi-'l=" r- -om ~S'? *-IC) S~~ t.:> :-0 1"-.) '" c~ .,"r PAMELA J. DUNCAN, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * No. 2004-01339 CIVIL TERM * MICHAEL S. DUNCAN, * Defendant * CIVIL ACTION - LA W- DIVORCE Bradley A. Winnick. Esquire Attorney for Plaintiff 130 West Church Street Street Address Dillsburg, PA 17019 City - State - Zip Code (717) 432-9666 Phone Number Jane Alexander. Esquire Attorney for Defendant 148 South Baltimore Street Street Address DiIlsburg,PA 17019 Ci1y - State - Zip Code (717) 432-4514 Phone Number INVENTORY OF PAMELA J. DUNCAN (PLAINTIFF) Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. '-O/Ut</3.i2 ikufH.....-- pam'ela J, Duncan, Plaintiff ASSETS OF THE PARTIES Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) I. (X) 2. (X) 3. ( ) 4. (X) 5. (X) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) II. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. (X) 18. (X) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. (X) 24. (X) 25. (X) 26. Real property Motor vehicles Stock, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Con1ents of Safe Deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value, and current certification) Annuities Gifts Inheritances Paten1s, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) Employment termination benefits; severance pay, Workman's Compensa1ion (claim/award) Profit Sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement Plans, Individual Retirement Accounts Disability Payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due others, including loans, mortgages held Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) Other MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 1 2 2 DESCRIPTION OF Mari1al Residence 1995 Honda Civic 1992 Dodge Ram PROPERTY situate at 3470 Charger Ritner Highway, Newville, PA NAMES OF ALL Pamela J. Duncan Michael S. Duncan Michael S. Duncan OWNERS and Michael S. Duncan MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interes1, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 2 2 2 DESCRIPTION OF 1965 Dodge 880 1984 Dodge Aries 1987 Dodge Aries PROPERTY Custom SW SW NAMES OF ALL Michael S. Duncan Michael S. Duncan Michael S. Duncan OWNERS MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 2 2 2 DESCRIPTION OF 1964 Dodge Polara 1987 Chrysler 1955 Buick Special PROPERTY Convertible Lebaron NAMES OF ALL Michael S. Duncan Michael S. Duncan Michael S. Duncan OWNERS MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interes1, individually, or with any o1her person as of the date this action was commenced: ITEM NUMBER 2 2 2 DESCRIPTION OF 1966 Chrysler 1966 Plymouth 1965 Plymouth PROPERTY Newport Belvedere Valiant , NAMES OF ALL Michael S. Duncan Michael S. Duncan Michael S. Duncan OWNERS I MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date 1his action was commenced: ITEM NUMBER 2 3 5 DESCRIPTION OF 1969 Plymouth Savings Bonds - 12 Members 1st PROPERTY Roadrunner Series EE Checking Account . ' NAMES OF ALL Michael S. Duncan Michael S. Duncan Pamela J. Duncan OWNERS MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was conunenced: ITEM NUMBER 5 6 6 DESCRIPTION OF Adams County Patriot Federal Members 1st PROPERTY National Bank Credit Union Savings Account Account Account NAMES OF ALL Michael S. Duncan Michael S. Duncan Pamela J. Duncan OWNERS MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this ac1ion was commenced: ITEM NUMBER 18 18 19 DESCRIPTION OF Civil Service National Guard Prudential Financial PROPERTY Retirement System Pension Individual Pension Re1irement Account NAMES OF ALL Michael S. Duncan Michael S. Duncan Michael S. Duncan OWNERS MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 19 25 25 DESCRIPTION OF 401 (k) through Personal Property - Personal Property / PROPERTY Masland Associates Various automobile Household Goods parts in Husband's and Gun Collection possessIOn NAMES OF ALL Pamela 1. Duncan Pamela J. Duncan Pamela J. Duncan OWNERS and Michael S. and Michael S. Duncan Duncan MARITAL PROPERTY Plaintiff lists all marital property in which either, or both spouses have a legal or equitable interest, individually, or with any other person as of the date this action was commenced: ITEM NUMBER 26 DESCRlPTION OF Time Share in PROPERTY Harrisenburg, Virginia . NAMES OF ALL Pamela J. Duncan OWNERS and Michael S. Duncan NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER 2 DESCRIPTION OF 2005 Ford Focus PROPERTY NAME OF ALL Pamela J. Duncan OWNERS BASIS FOR Post-Separation EXCLUSION FROM MARITAL PROPERTY PROPERTY TRANSFERRED Plaintiff or Defendant lists all property in which ei1her or bo1h spouses has a legal or equitable interest, individually or with any other person, and which has been transferred within the preceding three (3) years: ITEM NUMBER 2 DESCRIPTION OF 1993 Plymouth PROPERTY Voyager DATE OF November 2003 TRANSFER CONSIDERA nON $500.00 TRANSFEREE Parsons Interstate Ford LIABILITIES OF THE PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the da1e this action was commenced: ITEM NUMBER 24 DESCRIPTION OF Mortgage LIABILITY NAMES OF ALL Countrywide CREDITORS NAMES OF ALL Pamela J. Duncan DEBTORS and Michael S. Duncan CERTIFICATE OF SERVICE I, Jeanette 1. Roberts, do hereby certifY that I have served a true and correct copy of the foregoing document by firs1 class mail, postage prepaid as follows: Jane Alexander, Esquire ] 48 South Baltimore Street Dillsburg, PA ]70]9 By ~~t'lfu#,,~ J ette 1. Roberts Date: II } '1 J05 I ' , ....' c. ~;:. ,-"':;, ,.~ C) "T1 ---I -r '...", ," I C:) ) .j '/ n1 (.) :~5 .< Go PAMELAL. DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 2004-01339 * * MICHAEL S. DUNCAN, Defendant * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Pamela L. Duncan, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) ( ) (X) (X) Divorce Annulment Alimony Alimony Pendente Lite (X) ( ) (X) (X) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (I) (2) (3) (4) (5) (6) (7) ,I Discovery is complete as to the claims(s) for which the appointment of a Master is requested. The Defendant has appeared in the action through his attorney, Jane Aiexander, Esquire. The statutory ground(s) for divorce (are) 23 Pa. C.S.A. && 330](a)(6). (c) and (d). Delete the inapplicable paragraph(s): (a) TL.... uGtlol1 j~ uvt ",011tG~t,d. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claim: Alimonv, Distribution of Propertv, Counsel Fees. Costs and Exoenses. The action does involve complex issues oflaw or fact. The hearing is expected to take one (I) day. Additional information, if any relevant to the motion: N/A. l~ Date: / I h Ic' { -1 A inniek, Esquire WILE , ENOX, COLGAN & MARZZACCO, P.C. Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of ,2005, Esquire is appointed master with respect to the following claims: By the Court: J. C) ~., 0 ~::-::) (""~ t-::;-;J -n 0' 2i~ c! "",,~ en -ec t". ~f .' I . .!-""'" ~;;:) .-< PAMELA L. DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYL VANIA * (X) ( ) (X) (X) Divorce Annulment Alimony Alimony Pendente Lite (X) ( ) (X) (X) Distribution of Property Support Counsel Fees Costs ,rod Expenses VS. * NO. 2004-01339 * MICHAEL S. DUNCAN, Defendant * * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Pamela L. Duncan, Plaintiff, moves the court to appoint a Master with respect to the following claims: and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Jane Alexander, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. ~~ 330I(a)(6), (c) and (d). (4) Delete the inapplicable paragraph(s): (a) TI.< ad;"" i3 1<01 06n\c3\co. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claim: Alimonv, Distribution of ProDertv, Counsel Fees. Costs and EXDenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (I) day. (7) Additional information, if any relevant to the motion: NIA. Date: II / CI /(15 Bradle A innick. Esquire WILE , ENOX, COLGAN & MARZZACCO, P.C. A ltorney for Plaintiff ORDER APPOINTING MASTER ,~y~ ~ ,.~ AND NOW, this 1/ day of i/l~tV7AJ/'Mt005, /' 't, {,AJ fc;"I&<<-, Esquire is appointed maste/ with respect to the following claims: (. .p J. 9'1 :j L j .\OB SGO~~ ',1...1 ,''-J Ai"'!.',,",, '::0 (/5 V/LJ;C (0) C:-, "" ,:.:;:) ':;:-.) <.J, o -n ::::1 ~'~~ ~~ ;:-J 2~ c:.::~ U~f -n ~) .C' 04- /339 (]~ull ';-'2fl...~ MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this ~~f ~jC.l AA"A'2606, by and between PAMELA J. DUNCAN, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and MICHAEL S. DUNCAN, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on October 11, 1975, in Marysville, Pennsylvania; WHEREAS, HUSBAND and WIFE are not the parents of any minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is 1he intention of WIFE and HUSBAND to live separate and apart, and 1he parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: 1he settling of all matters between 1hem in relation to the ownership and equitable distribution of real and personal property; settling of all matters between 1hem relating to 1he past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, 1he settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for 01her good and valuable consideration, receipt of which is hereby acknowledged by each ofthe parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the o1her, as fully as though he Of she were single and unmarried, except as may be necessary to carry out 1he provisions of this Agreement. Neither party shall molest 1he o1her or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenan1s shall not be affected in any way by such separation or divorce; and that nothing in any such decree,judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated tha11his Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" dates which shall be specifically prescribed wi1hin this Agreement, including spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former ac1s, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, cOlUlsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has been represented by Jane M. Alexander, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold hannless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MARITAL RESIDENCE: The parties jointly own the marital residence situate at 3470 Ritner Highway, Newville, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said residence. Within ninety (90) days ofthis Agreement, HUSBAND shall re-finance both the primary mortgage and the home equity loan, both with Countrywide Bank, into his sole name so to remove WIFE from any liability thereupon. In addition, in consideration of WIFE's interest in said residence, as well as the other terms and conditions of this Agreement, HUSBAND shall pay to WIFE the sum of$11, 700.00 within ninety (90) days of this Agreement. WIFE shall execute a deed, prepared by counsel for HUSBAND and to be delivered by WIFE in advance of settlement on the re-finance, transferring all her right, title and interest in the marital residence to HUSBAND. At all times subsequent to this Agreement, HUSBAND shall remain solely responsible for the mortgage and home equity payments, as well as any other payments associated with the marital residence, and shall indemnify and hold WIFE hannless against any liability resulting from his failure to make proper payments thereon. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: The parties are the owners of the various retirement accounts which shall be distributed in the following manner: a) WIFE is the owner of a 40 I (k) through her previous employment with Masland Associates. It is agreed that WIFE shall retain exclusive ownership of this account and HUSBAND specifically waives any right, claim or interest he may have therein. b) HUSBAND is a participant in the Civil Service Retirement System defined benefit pension plan through his employment with the United States Department of Defense. It is agreed that the parties will execute a Qualified Domestic Relations Order (QDRO) directing that WIFE, as alternate payee, shall be entitled to receive fifty percent (50%) of the marital value of said pension. For purposes of determining WIFE's interest, the "marital value" shall be determined as that phrase is defined by law, and the date of final separation of the parties shall be July 1, 2003. c) HUSBAND is also a participant in a defined benefit pension plan through his service with the United States Army and Army National Guard. It is agreed that the parties will execute a QDRO directing that WIFE, as alternate payee, shall be entitled to receive fifty percent (50%) of the marital value of said pension. For purposes of determining WIFE's interest, the "marital value" shall be determined as that phrase is defined by law, and the date offinal separation of the parties shall be July 1,2003. The parties agree to retain the services of Harry Leister for the preparation of the two (2) QDRO's referenced herein, and to share the cost of his services equally. Within ten (l 0) days ofthis Agreement, HUSBAND shall contact Harry Leister and provide verification through his counsel to counsel for WIFE that he has done so. HUSBAND shall cooperate with providing Mr. Leister all documentation and/or releases necessary for Mr. Leister to prepare the Orders prescribed by this paragraph. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts, 15. MOTOR VEHICLES: At the time of their separation, the parties owned numerous vehicles. WIFE retained possession of the 1993 Plymouth Voyager which has subsequently been traded-in for a 2003 Ford Focus. HUSBAND hereby waives any claim to the value of the Plymouth Voyager, the Ford Focus or the value thereof. HUSBAND shall retain sole ownership and possession of the following vehicles, for which WIFE hereby waives any right, claim or interest: a) 1992 Dodge Ram Charger; b) 1965 Dodge 880 Custom; c) 1984 Dodge Aries SW; d) 1987 Dodge Aries SW; e) 1964 Dodge Polara Convertible; f) 1987 Chrysler Lebaron; g) 1955 Buick Special; h) 1966 Chrysler Newport; i) 1966 Plymouth Belvedere; j) 1965 Plymouth Valiant; k) 1969 Plymou1h Roadrunner; and I) 1995 Honda Civic. 16. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. SAVINGS BONDS: HUSBAND shall remain the sole and exclusive owner of the twelve (12) savings bonds in his name, and WIFE hereby waives any right, claim or interest she may have 1herein. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, WIFE and HUSBAND recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and main1enance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the 01her for alimony, alimony pendente lite, spousal support, counsel fees and costs. 19. PRUDENTIAL MUTUAL FUNDS: HUSBAND shall remain the sole and exclusive owner of his mutua] fund account with Prudential Financia], and WIFE hereby waives any right, claim or interest she may have therein. 20. TIME-SHARES: The parties are the joint owners of six (6) separately deeded time- shares each consisting of one (]) week per year. It is agreed that the time-shares shall be distributed in the following manner: WIFE shall receive title to Unit No. 139 in Mountainside Villas, Section one phase 29, Massanutten Village, which was acquired by deed dated Apri] ]3, ]982, and recorded in the Clerks office of Rocking ham Coun1y, Virginia, in Deed Book 652, Page 659. HUSBAND shal] receive title to the remaining time-shares owned by the parties: a) One (I) week at the Summit at Hillside, Rockingham Coun1y, Virginia, in Phase IV, week number 33 - Red Occupancy, which was acquired by deed dated October ]6,2002, and recorded in the Clerks office of Rockingham Coun1y, Virginia, in Deed Book 223], Page 304; b) One (I) week at the Summit at Massanutten, Rockingham Coun1y, Virginia - occupancy period: Red - 2000, which was acquired by deed dated September 30, ] 999, and recorded in the Clerks office of Rockingham Coun1y, Virginia, in Deed Book] 772, Page 289; c) One (I) week at the Summit at Massanutten, Rockingham Coun1y, Virginia - occupancy period White - ] 997, which was acquired by deed dated August] 8, ] 996, and recorded in the Clerks office of Rocking ham Coun1y, Virginia, in Deed Book ]477, Page 66; d) One (I) week at The Highlands at Sugar, at Village of Sugar Mountain, Banner E]k T ownship, Avery Counrj, North Carolina, unit 201 E/36, in Phase I, Westridge (Country Houses) at Sugar, which was acquired by deed da1ed May 5, 1994, and recorded in the Register of Deeds office of Avery County, North Carolina, in Deed Book 262, Page 1155; and e) One (1) week with Thousand Trails Camping, Hershey, Pennsylvania. Each party shall be free to exercise or dispose of their time-share weeks in whatever fashion they may deem appropriate. Each party shall be solely responsible for any and all fees associated with their specifically deeded weeks. The parties shall cooperate in executing any and all documents necessary to give full effect to the provisions of this paragraph. 21. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2005. Both parties agree that in the event any deficiency in Federal, S1ate 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 ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. APPLICABILITY OF T AX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 23. MARITAL DEBT: Each party shall remain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that they are aware of no outstanding debt in thejoint names of both parties. To the extent that any suchjoint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. The party assuming any such deb1 shall indemnify and hold the other party harmless against any liability resulting therefrom. 24. PERSONAL INJURY SETTLEMENT: WIFE was injured in an automobile accident in 2005 giving rise to a claim for damages. HUSBAND acknowledges herein that any proceeds received by WIFE as a result of this claim shall remain her sole and separate property as the cause of action, the vehicle accident, occurred subsequent to 1he final separation of the parties. Likewise, any medical bills or other debts incurred as the result of this accident shall remain the sole responsibility of WIFE. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be - responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement, 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. 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. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 33. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distributioI! of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults ofthe same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. , , l7k t..~ (SEAL) PAMELAJ. NCAN ,~j~~ MICHAEL S. DUNCAN (SEAL) COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF ~ : On this, ..3,.t day of ~, 2006, before me a Notary Public, personally appeared Pamela 1. Duncan, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial 8eaI 5 Da'M"l Gladfelter, NofaIy Public . DiIIsburg Bore, Yorl< County My Commission Exp;res May 17. 2009 . Member, Pennsylvania AssocIation of NotarieS -S'ldH~ //A1/d;AJ Notary Public COMMONWEALTH OF PENNSYLVANIA yt;t&d appeared Michael S. Duncan, known to me to be the person whose name is subscribed to the within COUNTY OF ~d /r2 On this, the ~ day of : SS. , 2006, before me a Notary Public, personally Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~~u.t!~d~;f Notary Public t,,"r',t :";:';"_>.'.", ,-s.,::!ieK. ;'jei(h:j, \\la.rriilgton Twp. Vcri< _~~,~~'i;~~~~~;~:~;I~~~,;:~~;~~~;;:~~~~_"_ PAMELA L. DUNCAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 1339 CIVIL MICHAEL S. DUNCAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this IJ-tI- da y 0 f '11\.o..v. the proceedings tlving been 2006, the economic claims raised in resolved in accordance with a marital settlement agreement dated March 31, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q~'1~ Edgar B. Bayley, P.J. cc: ~radley A. Winnick Attorney for Plaintiff ~ane M. Alexander Attorney for Defendant DU> rJf \1) >- ~ wO 0:;:- fj:C5 ,,-2:' 96 @& -J LU a:jE 15 o lJ') N ::c 0- lJ') ~ '7 ;~<: -< ~?: .' ~( ;2s:~ (i1) ,.i:'::: ;,dj tel CL. 2 :::> <..> >- < x: "" = = "" PAMELA DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 2004-01339 MICHAEL S. DUNCAN, Defendant * * * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on March 29,2004. 2. The marriage of Plaintiff 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. :d-/ f t:} ItJ 7 . I Date fo7'V~~~ Pamela. Du an Plaintiff (") C <: ~ f!;~ Z..~~(- "7"[ ~J ~~;.~ l~ :z: ~ l"-.:l = = -.I '"T1 jI"J 0:;1 N o ::I> :x 'f! .s:- U> o ." ~.:n -chi -.""36 6 ...! ......1-7, -_t..:n ~~ ~ ~ -< PAMELA . DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 2004-01339 MICHAEL S. DUNCAN, Defendant * * * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. d-,J/~/07 I Date ~~u~ Plaintiff (') c -...-~ s: \,}lTi Q)U~ ~!~~-,. ~:'< "J ' ,- ~~, ..i>~;= ~ ~ = = -..J .." i11 CD N o ~ ~:D r- :0 6m .:U o x-r, o::!J --,0 om ~ -< > :x \0 .::- \.D PAMELA L. DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 2004-01339 * MICHAEL S. DUNCAN, Defendant * * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. 29,2004. 2. The marriage of Plaintiff 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 of divorce after service of notice of intention to request entry of the decree. A complaint in Divorce under S 3301(c) of the Divorce Code was filed on March I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. J5 ff-b ()) Date 1( V11/J J ~ Michael S. Duncan Defendant o c:: ~ ~\.;:'i ~'(r'! l7;. r:' 'L ~t~.. yC ~ ~ ~ -n ~ r..:> o ~ '-P. ~ cD ~ ~~ -o~ ~j:.,q qo -:-J: :;~ ;-'")~ '.....';4, (5'" ...-1 ~ PAMELA L. DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 2004-01339 MICHAEL S. DUNCAN, Defendant * * * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. /s f,; h 0 7 Date ~~a.- Michael S. Duncan Defendant (') C -7 uir f'1"1rC\ z_:~r.; 0~J; r:: <--. );>. ,...-. ~.>-' )> ,..) C z :~ ro.) = = --J ..,., rrI a;l N c:> ~ ~::o -0 Hi :1:)9 gg :::c :D ~o om .:::.t ~ ::t:l'" 3 t..O .r- eo -( PAMELA L. DUNCAN, Plaintiff * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO. 2004-01339 MICHAEL S. DUNCAN, 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: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service ofthe Complaint: The Defendant was served with the Complaint on AprilS. 2004 bv certified mail. restricted delivery. return receipt requested and an Affidavit of Service was filed with this Honorable Court on April 13. 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: February 15. 2007; By Defendant: February 15. 2007. (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/ A. 4. Related claims pending: All related claims were settled bv a Marital Settlement Ae:reement dated March 31.2006 and filed with the Court on April 25. 2006. f 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: Februarv 20. 2007: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Februarv 20. 2007. Date: 02./01-0/ /) '7 r . By: ~~ Angel evelant, Esquire Supreme Court J.D. #202759 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) o C :5: -urn S2!} zr-.- '3"/-'. 1,;:: f~ ~c, "-c' $c:: z =<! r-.) c::::t c;::) --' .." iI1 c:o N (:) :J;:a :it '!? U1 N ~ :2" m- FYi ~? :r~ f:> ::n 6?rl ~ -< "' VS. IN THE COURT OF CO~'IMON:~ AS OF CUMBERLAND COUNTY, PEN1T YLV ANlA CML ACTION - LAW I IN DIVORCE NO. 04-1339 Pamela J. Duncan Plaintiff Michael S. Duncan Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the exist~ Alternate Payee's right to receive a portion of the benefits payable with respect to tp Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services! ormer Spouse's Protection Act, 10 D.S.C. Section 1408 and following. : I 2. This DRO is entered pursuant to authority granted under the applicable relations laws of the State of Pennsylvania. i 3. This DRO relates to the provision of marital property rights to the AlterIh. 4. This DRO applies to the Military Retirement System ("Plan") and any sue essor thereto. Michael S. Duncan C'Participant") is a Participant in the Plan. Pamela J. can ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. Michael S. Duncan 3470 Ritner Highway Newville, PA 17241 Social Security No.: 208-42-2543 Date of Birth: October 18, 1951 5. The Participant's name, mailing address, Social Security number and dat 6. The Alternate Payee's name, mailing address, Social Security number and daie of birth are: Pamela J. Duncan 60 Mountain View Terrace Newville, P A 17241 Social Security No.: 201-46-6695 Date of Birth: November 22, 1954 7. The Participant assigns to the Alternate Payee an interest in the Partici a disposable military retired pay. The Alternate Payee is entitled to a direct paymen i amount specified below and shan receive payments at the same time as the Partici a DRO Page 2 8. This Order assigns to Alternate Payee an amount equal to 50% of the m 'tal portion of the Participant's disposable military retired pay under the Plan as of his benefit co encement date. The marital portion shan be determined by multiplying the Participant's dis sable military retired pay by a fraction (less than or equal to 1.0), the numerator of whic s the number of retirement points accumulated by the Participant during the marriage (which s a 1 be defined as 2,446 points) and the denominator of which is the total number of retirement po ts accumulated by the Participant as of his date of retirement. In addition to the above, the Alternate Payee shall receive a pro rata Sht of any cost- of-living adjustments made to the Participant1s benefits. The pro rata share shall calculated in the same manner as the Alternate Payee's share of the Participant's retirement be, fits is calculated pursuant to this Paragraph 8. Ii I 9. The monthly payments under Paragraph 7 shall commence to the A1ter~ e Payee as soon as administratively feasible following the commencement of Participant's retit ent benefits and shall continue during the joint lives of the parties, and, to the extent permitte4 nder law, irrespective of the future marital status of either of them; the benefits shall terminJa. e only upon \ the death of either the Participant or the Alternate Payee. i 10. The Participant agrees to elect to make the Alternate Payee (and SUCh~. ruate Payee shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit PI ( 'SBP"), with the survivor's annuity determined by the marital pension.. The Participant shall e the necessary election in a timely manner to effectuate the SBP coverage for the A1ter~ e Payee and shall execute such papenvork as is required. 11. The Participant's rights under the Servicemembers' Civil Relief Act wer~ the Court as evidenced by the presence of his legal counsel at the proceedings. : I 12. rIlle jurisdictiona1 requirements of 10 D.8.C. Section 1408 have been col this Order has not been amended, superseded, or set aside by any subsequent orcle . 13. The Participant and the Alternate Payee acknowledge that they have be 1 a period of more than ten years during which time the Participant performed more!t of creditable military service. The parties were married on October 11, 1975, and se July 1, 2003. bserved by ied with, and married for an ten years arated on 16. The Participant agrees to cooperate with the Alternate Payee to prepare a application for direct payment to the .~tel'nate Payee from the Participant's retired or retainer ay pursuant to 10 D.S.C. Section 1408. The Participant agrees to execute all documents that th nited States Army may require to certify that the disposable military retired pay can be provide 0 the Alternate Payee. stic recipient 14. The Alternate Payee agrees that any future overpayments to her are rec subject to involuntary collection from her or her estate. 15. The Alternate Payee agrees to notify DFAS about any changes in the Do Relations Order or the order affecting these provisions of it, or in the eligibility of a receiving benefits pursuant to it. DRO Page 3 17. The Participant agrees not to merge the Participant's disposable militar etired pay with any other pension and not to pursue any course of action that would defeat th lternate Payee's right to receive a portion of the disposable military retired pay of the Parti i ant. The Participant agrees not to take any fiction by m~rger of the military retirement pen' n so as to cause a limitation in tbe amount of the total retired pay in which the Participant h a vested interest and, therefore, the Participant will not cause a limitation of the Alternate yee's monthly payments as set forth above. The Participant agrees to indemnify the Alt r ate Payee for any breach of this Paragraph 17 as follows: If the Participant becomes employe. r otherwise has his military pension merged, which employment or other condition causes a m r er of the Participant's disposabte military retired pay, the Participant will pay to the Altern Payee directly the monthly amount provided in Paragraph 8 under the same terms and c n itions as if those payments were made pursuant to the terms of this Order. I I 18. If in any month, direct payment is not made to spouse by DFAS (or the ~p ropriate military pay center) pursuant to the terms of this Order, Participant shall pay the ~ aunts called- for above directly to Alternate Payee by the fifth day of each month in which the m~l' aT)' pay center fails to do so, beginning on the date that Alternate Payee would have other\~r e been entitled to commence her payments. This includes any amounts received by the P8iI' icipant in lieu of disposable retired pay, including but not limited to, any amounts waived by r ticipant in order to receive Veterans Administration (i.e., disability) benefits or any amounts r~' eived by Participant as a result of an early-out provision, such as VSI or 8SB benefits. I 19. Tfthe Participant takes any action that prevents, decreases, or limits thJ ol1ection by the Altemate Payee of the sums to be paid hereunder, he shall make payments to~. Alternate Payee directly in the amount sufficient to neutralize, as to the Alternate Payee, the E~ ects of the actions taken by the Participant. 20. The Participant hereby waives any privacy or other rights as may be req~li ed for the Alternate Payee to obtain infonnation relating to the Participant's date and time 0 T tirement, last unit assignment, final rank, grade and pay, present or past retired pay, or othe . nformation as may be required to enforce the award made herein, or required to revise this Or<le so as to make it enforceable. 21. The Participant shan be required to notify the Alternate Payee, in writin~ within thirty (30) days prior to Pal'tjcipant's actua1 date of retirement. Such notice shall in 'cate his intentions to retire and elect benefit commencement date. The notice shall be sent Y1 regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant qf ny changes in her mailing address, \ i 22. The parties acknowledge that the following items must be sent by the Al e nate Payee to DFAS, U.S. Military Retired Pay, P.O. Box. 7130, London, KY 40742-7130 and to FAS- CUGAG, Garnishment Operation, P.O. Box 998002, Cleveland, OH 44199-8002. Participant agrees to provide any of this information to the Alternate Payee at the Alternate Pa e's request and to make all necessary efforts to obtain any of this information that the Alternat ayee is unable to obtain. a. Deemed Election Letter. b. A certified copy of the Divorce Decree. DRO Page 4 c. A certHied copy of this Domestic Relations Order. i \ i I e. .An indication that this is a written request to enforce the accompa~ Relations Order in lieu of Application Form DD-2293. I \ 23. The Court shall retain jurisdiction to enter such further orders as are nJc ssary to enforce the award to tile. Alternate p~the military retirement benefits awarde herein. EXECUTED this ~ day of \....(;2fM)~ ' .J&lP'1 BY THE d. A copy of the Marriage Certificate of Mr. And Mrs. Duncan. CONSENT TO ORDER: \Pcvnvl CJ/QLVvtl1_v- (~/, ,,-10 '7 PlaintifflAlt~ul;; Payee I' Date IS FE 1> 07 Date DefendantJParticipant ;) /~ 07 Date .i.... ~.ttorncy fo !articiPant / v' '? /'? J r'~ (OJj.r C) c~_ ,...rJ 1".,) = t:::.::::: -.l :;'~:.-:. :;-',) I ""'D r,) C) I".) .._--- "\ Pamela J. Duncan Plaintiff IN THE COURT OF COM N PLEAS CUMBERLAND COUNTY, ENNSYLV ANIA VS. CIVIL ACTION . LAW IN DIVORCE NO. 04~1339 Michael S. Duncan Defendant I I I This Domestic Relations Order ("DRO") creates and recognizes the exi~t nce of the DOMESTIC RELATIONS ORDER 1. Alternate Payee's right to receive a portion of the benefits payable with respect to he Participant. It is intended to constitute a DRO Acceptable For Processing under final regulatip s issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the apPlicabf domestic relations laws of the State of Pennsylvania. \ I 3. This DRO relates to the provision of marital property rights to the Alter ate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and a thereto. Michael S. Duncan ("Participant") is a Participant in the Plan. Pamela J. I ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of t y successor uncan 5. The Participant's name, mailing address, Social Security number and db e of birth are: Michael S. Duncan 3470 Ritner Highway Newville, PA 17241 Social Security No.: 208-42~2543 Date of Birth: October 18,1951 date of birth 6. The Alternate Payee's name, mailing address, Social Security number are: ... DRO Page 2 of 5 Pamela J. Duncan 60 Mountain View Terrace Newville, PA 17241 Social Security No.: 201-46-6695 Date of Birth: November 22, 1954 It is the responsibility of the Alternate Payee to keep a current mailin ddress on file with the Plan at all times. 7. The Alternate Payee is entitled to a portion of the Participant's Gross onthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate yee's share directly to Alternate Payee. 8. This DRO assigns to Alternate Payee an amount equal to 50% of the mia ital portion of I the Participant's gross monthly annuity accrued under the Plan as of the date of ~ sation of benefit accruals. The marital portion of the Participant's gross monthly annuity ~ all be determined by multiplying the Participant's gross monthly annuity by a fraction 11 ss than or equal to 1.0), the numerator of which is the total number of months of creditable se vice earned by the Participant from October 11, 1975, the date of marriage, to July 1, 2003, the da e of separation, and the denominator of which is the total number of months of creditable service e rned by the Participant as of the date of cessation of benefit accruals. I I I I In addition to the above, when COLA's are applied to Participant's retile the same COLA shall apply to the Alternate Payee's share. I I 9. Payments to Alternate Payee shall commence the date payments comme Participant. Participant agrees to arrange or to execute all forms necessary for the commence payments to the Alternate Payee in accordance with the terms of the DR ent benefits, ce to the 10. Payments shall continue to Alternate Payee for the remainder of the Pa 'cipant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's Participant's pension shall be paid equally or to the survivor of the Alternate Paye ' children. 11. The Alternate Payee is awarded a former spouse survivor annuity. The ount of the former spouse survivor annuity shall be equal to the maximum survivor annuity b s d upon the '0 DRO Page 3 of 5 marital portion of the Participant's entire monthly annuity. This former spouse f rvivor annuity applies if the Participant dies before his benefits commence or if the Participant es after his benefits commence. The costs associated with providing this former spouse surv r annuity coverage shall be paid by the Alternate Payee. Participant agrees to take all ne4 sary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing t sustaining such former spouse coverage for Alternate Payee. I I 12. If Participant leaves Federal service before retirement and applies for ~ refund of employee contributions under the Plan, the OPM is directed not to pay the Particl ant a refund of such employee contributions. , i I I I 13. In no event shall the Alternate Payee have greater benefits or rights 01 r than those which are available to the Participant. The Alternate Payee is not entitled to an~ enefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specJi benefits offered by the Plan as provided in this Order. All other rights, privileges and optip s offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alternr e Payee for amounts paid to each such person. 15. In the event that the Plan inadvertently pays to the Participant any ben fits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Altern~ e Payee within , ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate' benefits that are not assigned to her pursuant to the terms of this DRO, the Alter a e Payee shall immediately reimburse the Participant to the extent she has received such benefit p yments and shall forthwith pay such amounts so received directly to the Participant within te 10) days of receipt. 16. In the event the Participant makes a one-time irrevocable election to tr n fer into the Federal Employees Retirement System (liFERS ") before his retirement, then Alter e Payee shall be entitled to a portion of the Participant's Basic Annuity andlor a Refund of empl e DRO Page 4 of 5 contributions under FERS calculated in a manner similar to that which is en urn 8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable d' ctly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annu t payable under FERS and determined in a similar manner to the survivor benefits set forth und above. Further, such former spouse survivor annuity shall be payable directly f FERS. 17. If Participant takes any action that prevents, decreases, or limits the lection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alt rnate Payee , directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of he actions taken by Participant. 18. The OPM shall notify the Alternate Payee and her legal representativ hen the Participant makes an application for any benefit payments or withdrawals from h Plan. DRO Page 5 of 5 19. The Court of Common Pleas of Cumberland County, Pennsylvania sh retain jurisdiction to amend this Order, but only for the purpose of establishing it or m ntaining it as a Domestic Relations Order, provided, however, that no such amendment shall re ire the Plan to provide any form of benefit or any option not otherwise provided by the Plan, an urther provide that no such amendment or right of the Court to so amend will invalidate this 0 Accepted and Ordered this -ztJ1;].y of ~ ~ CONSENT TO ORDER: /' .f) r "1 (]n1fl C. qJJ---c.-r~<i1~ r-J.-) 5-/0 7 PlaintifflAlt&nate Payee Date r' /. ll(l<k{/{j~ 1 Ku~~f Attotney for Plaintiff! Alternate Payee ~j<~ Defendan t/Participan t ~~J (') ~~-.: 1"--' C,J ,;cc-Y _,,J (QIS(\. C~ ':;h :::J .:,.-r1 rllp -":J r-C~ -., r:} I') (:.:.) f'....) ---------- ~~~~~~~~~~~~~~~~~ ~ ~~~ ~~ ~ ~ ~~~~ ~ ~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PL AS OFCUMBERLANDCOUNTY STATE OF PENNA. PAMELA L. DUNCAN, Plaintiff No. 2004-01339 CIVI TERM VERSUS MICHAEL S. DUNCAN. Defendant ARE DIVORCED FROM THE BONDS OF MATRIMONY. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0+ 0+ 0+ '+' 0+ ~ '+' ~ '+' '+' ~ '+' 0+ '+' ~ 0+ ~ '+' '+' '+' '+' ~ ~ ~ '+' '+' '+' '+' '+' '+' '+' '+' '+' '+' ~ '+' '+' ~ '+' '+' '+' '+' '" '+' ~ '+' '" '+' ~ '+' '" '" '+' '" '" '" ~:t.:t.:of:of.:+::+::+::+::f.:f.:+: :+;T. AND DECREE IN DIVORCE NOW'~~ ~ ~,ITISO ERED AND DECREED THAT PAMELA L. DUNCAN AND MICHAEL S. DUNCAN , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS BEEN RAISED OF REC~~c:.IN THIS ACTION FOR WHICH A FINAL ORp YET BEEN ENTERED; \I{J~ I The terms and provisions of the Marital Settlement Agreement s g ed by the parties and dated March 31, 2006 are hereby incorporated but not Decree o( Divorce and remain binding upon the p~ .. ~A~;j\lll By THE Co T: J. ~ .~ t ~~){, (.0- I) [' ~ r,~~~?'-r? LO.1-E' . . .' . .