HomeMy WebLinkAbout08-6526r
TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 200$- (p,,&5Q(p CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for 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 Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
of
DIVORCE COMPLAINT
1. Plaintiff is Tracey L. Patience, an adult individual who currently resides at
TRACEY L. PATIENCE,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- 45 ZG CIVIL TERM
STEVEN B. PATIENCE, CIVIL ACTION-LAW
Defendant IN DIVORCE
36 East Yellow Breeches Road, Carlisle, Cumberland County, Pennsylvania 17015.
2. Defendant is Steven B. Patience, an adult individual who currently resides
at 36 East Yellow Breeches Road, Carlisle, Cumberland County, Pennsylvania 17015.
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. The Plaintiff and Defendant were married on October 29, 1983 in
Flemington, New Jersey.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the court require the parties to participate in
counseling.
8. Plaintiff requests the court to enter a decree of divorce.
r-
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: October 30, 2008
gaael A. Scherer, Esquire
I.D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
'Y
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904, relating to unsworn falsification to authorities.
Date: `
r cey L. Patience
11
00
O 73,
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TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008- (15-24, CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this Ilk day of %oU Call h , 2008, 1, Steven B. Patience
accept service of the Divorce Complaint in the above-caption case.
Steven B. Patience
`f
t
71
TRACEY L. PATIENCE, IN THE COURT OF COMMON PLEAS OF
Plai4ff CUMBERLAND COUNTY, PENNSYLVANIA
V. I NO. 2008-6526 CIVIL TERM
STEVEN B. PATIENCE, CIVIL ACTION-LAW
Defe dant IN DIVORCE
DEFENDANT S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAI ER OF NOTICE OF INTENTION TO REQUEST ENTRY
?F DIVORCE DECR E UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint n divorce under Section 3301(c) of the Divorce Code was
filed on November 3, 200 .
2. Defendant acknowledges receipt and accepts service of the Complaint on
November 14, 2008.
3. The marriag of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. 1 consent to the entry of a final decree in divorce without notice.
5. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or xpenses if I do not claim them before a divorce is granted.
6. 1 understand that I will not be divorced until a Divorce Decree is entered by
the Court and that a copy f the Decree will be sent to me immediately after it is filed
with the Prothonotary.
7. 1 have been dvised of the availability of marriage counselling and
understand that I may request that the court require counseling. I do not request that
the court require counseli g.
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 u sworn falsification to authorities.
R ,
Date: cXO °l
Steven B. Patience
FILED--O fflCE
OF THE O MNOTARY
2009 APR 13 Ply 4: 0 2
1-d V It
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACEY L. PATIENC
PI intiff
v.
STEVEN B. PATIENCE:
Defendant
NO. 2008-6526
CIVIL ACTION - LAW
IN DIVORCE
THIS AGREEMENT is made this day oft, , 2009,
BY and BETWEEN Tracey L. Patience, of 36 E. Yellow Breaches Road, Carlisle,
Cumberland County,
mnsylvania, hereinafter referred to as "Wife,"
A
N
D
Steven B. Patience, of 6 E. Yellow Breaches Road, Carlisle, Cumberland County,
Pennsylvania, hereinafter referred to as "Husband."
RECITALS
R.1: The Parti s hereto are Husband and Wife, having been joined in
marriage on October 29, 1983, in Flemington, New Jersey; and,
R.2: Two (2) children were born of the marriage: Chelsea L. Patience,
born January 26, 1986 and Britnee J. Patience, born August 11, 1987; and,
R.3: Differenc s have arisen between the parties, in consequence of
which they intend to liv separate and apart; and,
NW a I
R.4: The Pa4ies have resolved that it is not possible to continue the
marital relationship b?tween them for reasons known to them, in consequence of
which they are living separate and apart; and,
R.5: Wife fi ed a Complaint for Divorce in the Court of Common Pleas of
Cumberland Coun4 in the Commonwealth of Pennsylvania, to above-captioned
docket number; anal,
R.6: It is t e desire and intention of the parties, to amicably adjust,
compromise and ettle all property rights, and all rights in, to or against the
property or estat of the other, including property heretofore or subsequently
acquired by eithe party, and to settle all disputes existing between them, including
any claims or rig is that they may have under the provisions of the Pennsylvania
Divorce Code, a$ amended; and,
R.7: Husband and Wife declare that each has had a full and fair
opportunity to o tain independent legal advice of counsel of their selection. Wife
has been indep ndently represented by Michael A. Scherer, Esquire, who is Wife's
separate coun el. Husband has chosen to be un-represented in this matter
although he u erstands his right to employ or consult with his separate legal
counsel who uld advise Husband specifically with regard to Husband's rights
and obligatio in this matter.
NOW HEREFORE, with the aforementioned recitals being hereinafter
incorporated by reference and deemed an essential part hereof and in
of the covenants and promises hereinafter to be mutually kept and
49
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•
performed by each
receipt of which is
:y, as well as for other good and valuable consideration,
by acknowledged, and the parties, intending to be legally
bound, hereby agree ads follows:
(1) SEPARATION: It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at such place or places as
he or she from time to time may choose or deem fit, free from any control, restraint
or interference from th other. Neither party shall disparage or discredit the other
in any way, nor in any ay injure his or her reputation; nor shall either of them act
or permit anyone else o act in any way which might tend to create any disaffection
or disloyalty or disrespect between the members of the family of either party.
(2) DIVORC : The parties acknowledge that the marriage is
irretrievably broken an that they will secure a mutual consent no-fault divorce
decree in the above-captioned divorce action. The parties shall execute the
Affidavits of Consent nd Waiver of Notice Forms necessary to finalize said
divorce. Said Aff'idavi s and Waivers shall be immediately filed with the
Prothonotary's Office.
(3) REAL PROPERTY:
A. Marital Residence,: The parties are the joint owners of certain real
property located at 36 E. Yellow Breaches Road, Carlisle, Cumberland County
Pennsylvania (herein fter "marital residence"). The marital residence shall be
listed for sale in early 009. At settlement, after the customary settlement charges
are deducted from
,ale price, Wife shall receive as her separate property the
'L. 'i
first $100,000.00 of
property any remaini
costs associated
mortgage payme
B.
proceeds and husband shall receive as his separate
proceeds. Pending settlement, Husband shall pay all
owning and maintaining the marital residence, including
taxes, insurance, utilities and maintenance.
The parties are the owners of two investment
properties, known 4s 1416 Bradley Drive, Apartment H 311, Carlisle, Cumberland
County, Pennsylvania; and, 1428 Bradley Drive, Apartment J211, Carlisle,
Cumberland County, Pennsylvania. Both properties are leased to residential
tenants. The prop§rties are encumbered by a mortgage from Orrstown Bank, and
both parties are obligated on the loan secured by the mortgage. The mortgage on
the properties wa$ refinanced in November, 2008, at which time wife received
$10,747.09 repre$enting a withdraw of the equity in the properties. Wife shall
keep as her separate property the $10,747.09. The parties shall continue to jointly
own the investment properties following the entry of a divorce decree. Husband
shall have the elusive responsibility to manage and lease the investment
properties, and Ile shall be responsible to pay the loan to Orrstown Bank with the
rents collected frrom the properties. At such time as the rental units are sold, the
parties shall share equally in the proceeds of the sale, and only customary
settlement charges shall be deducted from the proceeds of sale.
C. Fuhds for Wife's Purchase of Home: Husband shall pay wife from his
separate funds the sum of $20,000.00 in order for wife to have sufficient funds with
a i
which to purchase a home. Said payment shall be made by Husband to Wife on
or before May 1, 2009.
(4) AUTOM4?BILES: Wife shall keep as her separate property the
Hyundai Sante Fe and she shall pay all costs associated with the ownership and
maintenance of that vehicle. Husband shall keep as his separate property the
Ford Edge and he shall pay all costs associated with the ownership and
maintenance of that vehicle. The parties shall convey title of the Jeep Liberty to
Chelsea, which shall
(5) DEBT:
Chelsea's property.
A. C ILDREN'S POST-SECONDARY EDUCATION
E PENSES: Husband is individually liable for loans for the
ch Idren's college educations, which loans total approximately
$8 ,000.00. Husband shall be solely liable to repay these
B. M RITAL DEBT: Aside from the foregoing, Husband and
W' a acknowledge and agree that there are no outstanding
de is and obligations which are marital or for which the other
mi ht be liable incurred prior to the signing of this Agreement.
C: P ST SEPARATION DEBT: Except as otherwise herein
pr vided, in the event that either party contracted or incurred
an debt since the date of separation, the party who incurred
sa d debt shall be responsible for the payment thereof
re ardless of the name in which the debt may have been
in urred.
D: F TURE DEBT: Except as otherwise herein provided,
fro the date of this agreement neither party shall contract or
in ur any debt or liability for which the other party or his or her
pr perty or estate might be responsible and shall indemnify
an save the other party harmless from any and all claims or
de ands made against him or her by reason of debts or
ob igations incurred by the other party.
(6) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein
provided, the parties h reto mutually agree that they have effected a satisfactory
division of the furniture household furnishings, appliances, tools and other
household personal property between them, and they mutually agree that each
party shall from and after the date hereof be the sole and separate owner of all
such property present) in his or her possession whether said property was
heretofore owned jointl? or individually by the parties. This Agreement shall have
the effect of an assignnhent or bill of sale from each party to the other for such
property as may be in t e individual possession of the parties hereto.
(7) INTANGI LE PERSONAL PROPERTY:
(A) Banq Accounts: Except as otherwise provided herein, each
party hereto hereby relinquishes any right, title or interest he or she may have in or
to any savings or chec4ing accounts currently titled in the name of or in the
possession of the othe? party.
(B) Inv§stment Accounts: The parties are the owners of an
Edward Jones account number xxx-xx535-1-6, a Kinder Morgan account and an
American Century acc unt, with a value of $5,475.48 on September 26, 2008.
These accounts shall bo used by the parties to pay for tuition for Britnee's final
year of college.
(8) RETIREMENT ACCOUNTS:
(A) L
Land O' Lakes, Inc.,
Lakes, Inc.: Husband was previously employed by the
he accrued certain retirement benefits in the nature of
tl J 1
a defined benefit retirement plan. Husband shall, through a Qualified Domestic
Relations Order, transfer one-half of his interest in the Land O' Lakes, Inc.
Retirement Plan to Wife for her to keep as her separate property.
(B) Fo terra USA Inc: Husband is employed by Fonterra USA Inc.
and in connection therewith has an MPH Savings and Retirement Plan through the
Vanguard Company. The balance of the account on September 30, 2008 was
$111,811.23. The parts agree to roll $50,000.00 from this account into a
qualified account in WifIB's name alone, which rollover shall become Wife's
separate property. Husband shall keep as his separate property the remaining
balance of the MPH Savings and Retirement Plan that remains invested with the
Vanguard Company.
(C) Y CA: Wife has been employed by the Carlisle Family YMCA
throughout the marriage and in connection therewith has accrued rights to a
"Retirement Plan" and "Tax-Deferred Savings Plan." The total value of these two
plans as of March 31, 2008 was $75,765.19. The parties agree that the retirement
benefits accrued by Wif in connection with her employment with the YMCA shall
be the separate property of Wife and Husband waives any interest he has in said
retirement account.
(9) ALIMONY Husband shall pay Wife alimony, as defined under 23
Pa. C.S.A. Section 3701, et. seq. in the amount of $3,740.00 per month payable in
two equal installments a ch month on the first and fifteenth day of the month,
beginning on the first day of the month in the month following the entry of the
divorce decree for an i definite period of time. The alimony shall be payable
directly from Husband to Wife provided the payments remain timely. The alimony
shall terminate at such time as either party becomes deceased, or wife remarries
or cohabitates with a p erson of the opposite sex. The alimony is modifiable upon
changed circumstance of either party of a substantial and continuing nature,
including Husband's re tirement at normal retirement age, his loss of employment
or a reduction in his sa ary. Wife's employment following the divorce, however,
shall not be considers as a changed circumstance such that a modification of the
alimony agreement he ein is warranted.
(10) LIFE INS URANCE: Husband's life is presently insured through
Transamerica Financia l Life Insurance Company, being policy number
N05013424, in the amo unt of $95,000.00, naming Wife as beneficiary and the
children as contingent eneficiaries. Husband shall be obligated to keep this
policy in effect with no c hanges to the policy coverage in order to secure the
alimony provision of thi s agreement. Husband's life is also insured through
Massachusetts Mutual Life Insurance Company in the amount of $50,000.00,
being policy number 6 50 431, naming Wife as beneficiary and the children as
contingent beneficiaries . Husband shall be obligated to keep this policy in effect
with no changes to the olicy coverage in order to secure the alimony provision of
this agreement. Husba nd's life is also ensured through a term policy with his
employer, Fonterra, an
: wife shall remain the beneficiary of said policy with the
children remaining as c ntingent beneficiaries.
s
(11) HUSBA D'S EMPLOYMENT BONUS: Husband has traditionally
received an annual monetary bonus from his employer. Husband shall, for his
next five annual bonu es, share the annual bonus equally with wife, net of taxes
and 401 k contribution . Husband shall provide wife with his year-end payroll
statement annually in order to verify the payment of said bonus.
(12) HEALTH INSURANCE: Wife has health insurance coverage through
Husband's employer, onterra USA, Inc. Husband shall pay the cost of COBRA or
coverage for Wife's health insurance following the parties' divorce until such time
as Wife obtains employment with health care benefits.
(13) SHORT ND LONGTERM DISABILITY POLICIES: Husband has
short and long term disability coverage through his employer, Fonterra USA, Inc.
Husband shall keep th se policies in effect in order to protect his income for
purposes of paying ali ony.
(14) AFTER-ACQUIRED PROPERTY: Each of the parties shall
own and enjoy, indepen ently of any claims or rights of the other all real property
and all items of personal property, tangible or intangible, hereafter acquired, with
full power to dispose of he same as fully and effectively as though he or she were
unmarried. Any property so acquired shall be owned solely by that party and the
other party shall haven claim to that property.
(15) ATTORNEY'S FEES: Except as otherwise herein provided,
each of the parties waives the right to receive a payment for counsel fees from the
other, and each shall ?e responsible for his or her own counsel fees, costs and
expenses, if such feeslor expenses are incurred.
(16) ADDITIONAL INSTRUMENTS: Except as otherwise herein
provided, each of the parties shall from time to time, at the request of the other,
execute, acknowledge and deliver to the other party, within ten (10) days of any
request to do so, any and all further instruments that may be reasonably required
to give full force and effect to the provisions of this Agreement.
(17) BANKR4PTCY: The parties hereby agree that the provisions of
this Agreement shall n Z be dischargeable in Bankruptcy and expressly agree to
reaffirm any and all obl ations contained herein.
(18) COMPLETE DISCLOSURE: Each of the Parties hereto
acknowledges that he r she is aware of his or her right to seek discovery
including, but not limite to, written interrogatories, motions for production of
documents, the taking Of oral depositions, the filing of inventories and all other
means of discovery per itted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of ivil Procedure. Each Party further acknowledges that he
or she has had the
marital property under
have the real and/or
the other assessed or
court of competent j
been full and fair discl
nity to discuss with counsel, if desired, the concept of
nsylvania law and each is aware of his or her right to
property, estate and assets, earnings and income of
by the courts of this Commonwealth or any other
n. The Parties do hereby acknowledge that there has
ure to the other of his or her respective income, assets
? J ? ? C
and liabilities, whether such are held jointly, in the name of one party alone or in
the name of one of the parties and another individual or individuals. Each party
agrees that any right to further disclosure, valuation, appraisal or enumeration or
statement thereof in thJs Agreement is hereby specifically waived, and other than
provided herein, the parties do not wish to make or append hereto any further
enumeration or statement. The Parties hereby acknowledge and agree that the
division of assets ass t forth in this Agreement is fair, reasonable and equitable,
and is satisfactory to th m. Each of the Parties hereto further covenants and
agrees for himself and *self and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the other Party or his or
her heirs, executors, administrators or assigns in any action of contention, direct or
indirect, and allege the in that there was a denial of any rights to full disclosure,
or that there was any fr ud, duress, undue influence or that there was a failure to
have available to him o her full, proper and independent representation by legal
counsel.
(19) WAIVER O APPRAISALS: The parties acknowledge that they
are aware of their resp ctive rights pursuant to the Pennsylvania Divorce Code to
obtain formal valuations or appraisals of the real estate, the personal property, the
vehicles, and 401 K's an IRA's, some or all of which were acquired during the
marriage and therefore onstitute marital property. However, the Parties have
determined that they
I not undertake the expense to have these items appraised
? ? r y
t
and/or valuated, and t* the division of property as set forth in this agreement,
represents a fair and a uitable distribution.
(20) RELEAS of ALL CLAIMS: Except as otherwise provided
herein, each Party rele ses and discharges completely and forever the other from
any and all right, title, i terest or claim of past, present or future support, division of
property, including inco
or curtesy, the right to
the right to a distributiv(
estate of the other, or
either party by virtue of
are conferred by statutc
or any other state, or of
America. Except as prc
rights that they may
alimony and counsel
of gain from property hereafter accruing, right of dower
as administrator or executor of the estate of the other,
share of the other's estate, any right of exemption in the
other property rights, benefits or privileges accruing to
,-ir marriage relationship, or otherwise, whether the same
or common law of the Commonwealth of Pennsylvania,
statutory or common law of the United States of
ded herein, the Parties specifically waive any and all
to equitable distribution of marital property and/or
, except those counsel fees sought in the event of a
breach of this Agreemen , or any other marital rights as provided in the
Pennsylvania Divorce C de, Act 26 of 1980 or any amendment thereto.
Each party further releas s the other from any and all claims or demands up to the
date of execution hereof nd any other claims either party could raise which arise
from the marriage, contra it or otherwise.
(21) SEPAR
clause or provision of this
ITY of PROVISIONS: If any term, condition,
agreement shall be determined or declared to be void or
invalid in law or
be stricken from this
continue in full force,
(22)
this Agreement and
, then only that term, condition, clause or provision shall
and in all other respects this agreement shall
and operation.
NG LAW: All matters affecting the interpretation of
rights of the parties hereto shall be governed by the laws
of the Commonwealth Of Pennsylvania.
(23) INCORPgRATION INTO DIVORCE DECREE: The parties agree
that this Agreement sha I continue in full force and effect after such time as a final
Decree in Divorce may a entered with respect to the parties. Upon entry of the
Decree, the provisions f this Agreement may be incorporated by reference or in
substance, but they shall not be deemed merged into such Decree. The
Agreement shall survive any such Decree in Divorce, shall be independent thereof,
and the parties intend th t all obligations contained in this Agreement shall retain
their contractual nature i any enforcement proceedings, whether enforcement is
sought in an action on th contact itself at law or in equity, or in any enforcement
action filed in a Divorce ction.
(24) BREACH: I It is expressly stipulated that in the event that either
party breaches any p
any and all costs incu
court cost and counsel
party shall have the right,
ion of this Agreement, he or she shall be responsible for
to enforce the Agreement, including, but not limited to,
:s of the other party. In the event of breach, the other
at his or her election; to sue for damages for such
1 II
breach or to seek
or her.
other and additional remedies as may be available to him
(25) ENTIRE NDERSTANDING: This Agreement constitutes the
entire understanding between the parties and there are no covenants, conditions,
representations, or
than those herein
(26) AGREEN
and agreed that not onl
executors and assigns,
this Agreement.
IN WITNESS
hereby, have hereunto s
year first above written.
WITNESS:
nts, oral or written, of any nature whatsoever, other
ned.
NT BINDING on PARTIES and HEIRS: It is understood'
the parties hereto, but also their heirs, administrators,
hall be bound by all the terms, conditions and clauses of
, the parties hereto, intending to be legally bound
it their hands and seals to this Agreement the day and
Steven B. Patience
R&?-
TracLvy-L. Pa ience
On this, t e day of , 2009, before me,
the undersigned office , personally appeared Tracey L. Patience, known to me (or
satisfactorily proven) t be the person whose name is subscribed to the within
instrument and ackno ledged that she signed the same for the purposes therein
contained.
i
I
I
STATE OF FLORIDA
SS.
COUNTY OF
IN WITN SS WHEREOF, I hereunto set my hand and official seal.
Notary Public State of Florida
'Ov%
V' i j Adams ?ja
Commission DD664235
?k;OFti E pires06118/2011 Nofafv Public
STATE OF ILLINOIS
COUNTY OF
On this, &
the undersigned officer,
satisfactorily proven) to
instrument and acknowl
contained.
IN W
SS.
day of , 2009, before me,
rsonally appeared Steven B. Patience, known to me (or
the person whose name is subscribed to the within
led that he signed the same for the purposes therein
S WHEREOF, I hereunto set my hand and official seal.
oFFIC1AL sEAI
MARISOL IZQUIERDO
Notary Public - State of IMwb
IMy Commission ExplM Oct 02, 2012
OF THEE P :.)::1-
2009 APR 13 PM 4: 0 2
TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6526 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on November 3, 2008.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree in divorce without notice.
4. 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.
5. 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.
6. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. i
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
` d V4
Date: Umtuq- i
r cey L. Patience
r%j
C.x3 t?7
,?
CO
TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6526 CIVIL TERM
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:
Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: The Defendant signed an
Acceptance of Service on November 14, 2008.
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 on April 16, 2009; and Defendant on April 9, 2009.
B. (1) date of execution of the Plaintiffs Affidavit required by Section
3301(d) of the Divorce Code: N/A
(2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce
Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree.
Respectfully submitted,
O'BRIEN, BAR IC & SCHERER
Xl"
Michael A. Scherer, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
RED TU
OF THE PROT4 NARY
2909 MAY -7 AM 11: 32
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACEY L. PATIENCE
V.
STEVEN B. PATIENCE NO 2008-6526 CIVIL TERM
DIVORCE DECREE
AND NOW, ow , it is ordered and decreed that
TRACEY L. PATIENCE plaintiff, and
STEVEN B. PATIENCE , 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.")
The parties Marital Settlement Agreement dated March 30, 2009 is incorporated but not
merged herein as a final order of court.
By the Court,
OA
`41-
TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6526 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
MOTION FOR ENTRY OF
QUALIFIED DOMESTIC RELATIONS ORDER
1. The parties were formerly husband and wife, having been divorced by this
Honorable Court on May 12, 2009.
2. Tracey L. Patience is represented by Michael A. Scherer, Esquire in this
matter.
3. Steven B. Patience has not been represented by counsel in this matter.
4. The parties signed a Marital Settlement Agreement dated March 30, 2009
which sets forth a provision for the division of husband's retirement benefits in
paragraph (8)(b).
WHEREFORE, the parties wish for the court to enter a Qualified Domestic
Relations Order relative to the retirement benefits of husband and have signed the
attached stipulation to this effect.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
chael A. Scherer, Esquire
I.D. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on November I A , 2009, I, Jennifer S. Lindsay, secretary
at O'Brien, Baric & Scherer, did serve a copy of the Motion For Entry of Qualified
Domestic Relations Order, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Steven B. Patience
4425 Issauquah - Pine Lake Road SE, T-21
Sammamish, WA 98075
MIA I Ilk
V - Q ;??
J if r ndsay
)F TH7
2CU9 Y 12 f
1
TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6526 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
MOTION FOR ENTRY OF
QUALIFIED DOMESTIC RELATIONS ORDER
1. The parties were formerly husband and wife, having been divorced by this
Honorable Court on May 12, 2009.
2. Tracey L. Patience is represented by Michael A. Scherer, Esquire in this
matter.
3. Steven B. Patience has not been represented by counsel in this matter.
4. The parties signed a Marital Settlement Agreement dated March 30, 2009
which sets forth a provision for the division of husband's retirement benefits in
paragraph (8)(b).
WHEREFORE, the parties wish for the court to enter a Qualified Domestic
Relations Order relative to the retirement benefits of husband and have signed the
attached stipulation to this effect.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
?&4 ?,
M' hael A. Scherer, Esquire
I. D. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on November 12 , 2009, I, Jennifer S. Lindsay, secretary
at O'Brien, Baric & Scherer, did serve a copy of the Motion For Entry of Qualified
Domestic Relations Order, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Steven B. Patience
4425 Issauquah - Pine Lake Road SE, T-21
Sammamish, WA 98075
J f 4ndsaly--
!H, r V
20 09 OY 32 f,i 1': 2J
1.11111:.}. `?li1
TRACEY L. PATIENCE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-6526 CIVIL TERM
STEVEN B. PATIENCE, CIVIL ACTION-LAW
Defendant IN DIVORCE
MOTION FOR ENTRY OF
QUALIFIED DOMESTIC RELATIONS ORDER
1. The parties were formerly husband and wife, having been divorced by this
Honorable Court on May 12, 2009.
2. Tracey L. Patience is represented by Michael A. Scherer, Esquire in this
matter.
3. Steven B. Patience has not been represented by counsel in this matter.
4. The parties signed a Marital Settlement Agreement dated March 30, 2009
which sets forth a provision for the division of husband's retirement benefits in
paragraph (8)(b).
WHEREFORE, the parties wish for the court to enter a Qualified Domestic
Relations Order relative to the retirement benefits of husband and have signed the
attached stipulation to this effect.
Respectfully submitted,
O'BRIEN, BA/RIC & SCHERER
//
/ I 1 ,
Michael A. Scherer, Esquire
I. D. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on November 19% , 2009, I, Jennifer S. Lindsay, secretary
at O'Brien, Baric & Scherer, did serve a copy of the Motion For Entry of Qualified
Domestic Relations Order, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Steven B. Patience
4425 Issauquah - Pine Lake Road SE, T-21
Sammamish, WA 98075
J f ®r. tAndsay
TRACEY L. PATIENCE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-6526 CIVIL TERM
STEVEN B. PATIENCE, CIVIL ACTION-LAW
Defendant IN DIVORCE
LAND O'LAKES, INC. EMPLOYEE RETIREMENT PLAN
Effect of this Order as a Qualified Domestic Relations Order. This Order creates
and recognizes the existence of an Alternate Payee's right to receive a portion of
the Participant's benefits payable under an employer-sponsored defined benefits
plan which is qualified under Section 401 of the Internal Revenue Code (the
"Code") and the Employee Retirement Income Security Act of 1974 ("ERISA").
It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under
Section 414(p) of the Code, as amended, and under Section 206(d)(3) of ERISA,
as amended.
2. Definitions. For the purpose of this Order, the following terms, when used with
initial capital letters, shall have the following meanings.
2.1 "Accrued Benefit" means the Participant's retirement income benefit (whether
or not vested or non-forfeitable) earned as of the Determination Date when
expressed in the form of a single life annuity (regular pension) commencing
on the first day of the calendar month immediately following the month in
which the Participant reaches normal retirement age (as defined in the Plan
documents). The accrued Benefit shall be determined without regard to any
early commencement subsidies, subsidized optional forms, survivorship
benefits, disability benefits, and other ancillary benefits which may be
available under the Plan.
2.2 "Alternate Payee" means the following person:
Name:
Last Known Mailing Address:
Telephone Number:
Date of Birth:
Social Security Number:
Tracey L. Patience
2065 Joyner Circle
Port St. Lucie, FL 34952
717-448-5287
August 15, 1960
xxx-xx-2943
2.3 "Applicable Percentage" means Fifty percent (50%).
2.4 "Determination Date" means March 30, 2009.
2.5 "Participant" means the following person:
Name:
Last Known Mailing Address:
Steven B. Patience
4425 Issaquah - Pine Lake Road SE
#T21
Sammamish, WA 98075
Telephone Number:
Date of Birth:
Social Security Number:
(717) 503-6416
May 23, 1961
xxx-xx-81 18
2.6 "Plan" means the qualified defined pension plan known by the name "Land
O'Lakes, Inc. Employee Retirement Plan."
2.7 " Plan Administrator" means the Land O'Lakes, Inc. Employee Retirement
Committee, whose mailing address is Land O'Lakes, Inc., P.O. Box 64101, St.
Paul, MN 55164-0101.
3. Timing, Amount, and Form of Payment; Limitations
3.1 Time and Amount of Pam Commencing on the Participant's earliest
retirement date under the terms of the Plan or ERISA, the Plan Administrator
shall direct the trustee to distribute to the Alternate Payee from the Plan the
Applicable Percentage of the value of the vested and non-forfeitable portion of
the Participant's Accrued Benefit. For all purposes of the Plan, the Participant's
Accrued Benefit (and all other benefits payable under the Plan which are derived
in whole or in part by reference to the Participant's Accrued Benefit) shall be
permanently diminished by the portion of the Participant's Accrued Benefit which
is awarded to the Alternate Payee. Also, any benefit payable under the Plan upon
the Participant's death which is based upon the amount of employer contributions
made for the Participant shall be permanently diminished by an amount which is
the actuarial equivalent in value (as determined under the Plan rules in effect on
the Determination Date) to the portion of the Participant's Accrued Benefit which
is awarded to the Alternate Payee.
3.2 Form of Payment. Such distribution to the Alternate Payee shall be in the form
of a monthly pension for life which is the actuarial equivalent in value to the
benefit awarded to the Alternate Payee in the previous paragraph of this Order.
(However, the measuring life shall be the Alternate Payee's life and not the
Participant's life.) The Alternate Payee shall not be permitted to elect any other
form or time of distribution even if it otherwise would be available under the
Plan. The benefit awarded to the Alternate Payee, however, shall be subject to
payment less frequently than monthly or to payment on a sum basis in accordance
with such rules for payment of small benefits as may be in effect from time to
time under the Plan. Upon completion of this distribution to the Alternate Payee,
the Plan shall have no further obligation to make any distributions to the Alternate
Payee.
3.3 Limitation Rules. The participant's Accrued Benefit as of the Determination
Date shall be determined excluding any portion which has been, before such
Determination Date, distributed from the Plan to (or with respect to) the
Participant, and any portion which has been awarded to any other alternate payee
under any domestic relations order which was determined to be a QDRO before
the date this Order is determined to be a QDRO. This assignment of benefits does
not require the Plan or permitted under the Code or ERISA. This assignment does
not require the Plan to provide increased benefits. Except for the interest awarded
to the Alternate Payee, this Order in no way modifies the Participant's remaining
present and future interests in the Plan. In the event that there is a conflict
between the terms of this Order and the terms of the Plan, the Plan's terms will
prevail.
4. Death of Participant or Alternate Payee. If the Alternate Payee dies after this
Order is entered but before the date and actual distribution is commenced to the
Alternate Payee, no distribution shall be made to any person, including, without
limiting the generality of the foregoing, the Alternate Payee, the Alternate Payee's
estate, or any surviving spouse of the Alternate Payee. Except as hereinafter
provided, all payments shall be made only to the Alternate Payee. If the Alternate
Payee dies after this Order is entered and after the date actual distribution is
commenced to the Alternate Payee, no further distribution shall be made. At no
time, including the time of Participant's death, shall the Alternate Payee be
deemed or considered to be a spouse, former spouse, or surviving spouse of the
Participant for any purpose of the Plan.
5. Court-Appointed Fiduciary. If the Plan Administrator has actual knowledge of the
appointment by a court of competent jurisdiction of a guardian, conservator, or
similar court-appointed fiduciary having responsibility for the Alternate Payee's
financial affairs, the payment shall made only to such court-appointed fiduciary.
6. Plan Termination. In the event of Plan Termination, the Alternate Payee shall be
entitled to receive Alternate Payee's portion of the Participant's benefits as
stipulated herein in accordance with the Plan's termination provisions for
participants and beneficiaries.
7. Obli5,ations of the Alternate Payee. Upon entry of this Order, the Alternate Payee
shall deliver to the Plan Administrator a certified copy of this Order and shall
simultaneously furnish the Participant with evidence of such delivery. The
Alternate Payee shall be responsible for the payment of all local, state, and federal
income taxes on amounts paid to the Alternate Payee under this Order. The
Alternate Payee shall file all elections, applications, or other forms required by the
Plan Administrator in connection with the distribution contemplated by this
Order.
8. Obligations of the Participant. The Participant shall not take any actions,
affirmative or otherwise, that can circumvent the terms of and provisions of this
Order or that could diminish or extinguish the rights and entitlements of the
Alternate Payee as set forth herein. Should the Participant take any action or
inaction to the detriment of the Alternate Payee, Participant shall be required to
neutralize the effects of Participant's actions or inaction to the extent of the
Participant's full entitlements hereunder. In the event that the Plan Administrator
inadvertently pays to the Participant any benefits which are assigned to the
Alternate Payee pursuant to the terms of this Order, the Participant shall
immediately reimburse the Alternate Payee to the extent that Participant has
received such benefits payments and shall forthwith pay such amounts so received
directly to the Alternate Payee within ten (10) days of receipt.
9. Notices. Copies of all notices sent by the Plan Administrator to the Alternate
Payee shall be sent to the following representative of the Alternate Payee at the
following address:
Name: Michael A. Scherer Esquire
Address: 19 West South Street
Carlisle, PA 17013
The Alternate Payee shall not designate any other representative for the receipt of
copies of notices that are sent to the Alternate Payee.
10. Liability of the Plan and Plan Administrator. To the extent the Plan made a
reasonable and good faith effort to observe the terms of this Order in making the
distribution to the Alternate Payee contemplated by this Order, the Plan, the Plan
Administrator, and every fiduciary of the Plan shall be deemed to have fully
satisfied their obligations to the Participant and the Alternate Payee (and their
successors and assigns) and shall be fully discharged from any further liability to
the Participant and the Alternate Payee (and their successors and assigns) with
respect to such distribution.
11. Reservation of Jurisdiction. The Court reserves jurisdiction to amend this Order
to establish or maintain its status as a QDRO under ERISA and the Code.
t, , pj?7
Steven B. Patience
-?MA- i P? ?`-
Tracey LlyZence
It is hereby ORDERED AND DECREED that the foregoing is adopted as a Qualified
Domestic Relations Order.
Norte 14 2,0 0 ?
A
BY THE COURT
F T H",
PPr' : ?. ^l'WAARY
2009 PLOY 16 AM 11: 24
CUE':; .
,n
T THE
2009, NOY 12 AI I C I : 3 ?
CUM?_
r'L IV Viz;tr `?'
V ~ VIII,
i 1t
TRACEY L. PATIENCE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-6526 CIVIL TERM
STEVEN B. PATIENCE, CIVIL ACTION-LAW
Defendant IN DIVORCE
MOTION FOR ENTRY OF
QUALIFIED DOMESTIC RELATIONS ORDER
1. The parties were formerly husband and wife, having been divorced by this
Honorable Court on May 12, 2009.
2. Tracey L. Patience is represented by Michael A. Scherer, Esquire in this
matter.
3. Steven B. Patience has not been represented by counsel in this matter.
4. The parties signed a Marital Settlement Agreement dated March 30, 2009
which sets forth a provision for the division of husband's retirement benefits in
paragraph (8)(b).
WHEREFORE, the parties wish for the court to enter a Qualified Domestic
Relations Order relative to the retirement benefits of husband and have signed the
attached stipulation to this effect.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Mjbhael A. Scherer, Esquire
I.D. 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on November I A , 2009, I, Jennifer S. Lindsay, secretary
at O'Brien, Baric & Scherer, did serve a copy of the Motion For Entry of Qualified
Domestic Relations Order, by first class U.S. mail, postage prepaid, to the party listed
below, as follows:
Steven B. Patience
4425 Issauquah - Pine Lake Road SE, T-21
Sammamish, WA 98075
?Iuft AJAq
J f ndsay 0
TRACEY L. PATIENCE,
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6526 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AS STIPULATED BY THE PARTIES
The parties having agreed, in writing, to the entry of this Order, and good
cause having been shown, it is hereby ORDERED as follows:
1. This order is intended to be a "Qualified Domestic Relations Order"
as defined in Section 414(p) of the Internal Revenue Code of 1986, relating to
the provision of child support, alimony payments, or marital property rights. This
Order is intended to recognize and create the right of Tracey L. Patience (the
"Alternate Payee") to receive a portion of the vested benefits payable with
respect to Steven B. Patience (the "Participant") under the MPH Savings and
Retirement Plan (the "Plan").
2. The full name, last known address, and Social Security number of
the Participant are as follows:
Name: Steven B. Patience
Address: 4425 Issaquah - Pine Lake Road SE
#T21
Sammamish, WA 98075
Social Security Number: xxx-xx-8118
3. The full name, last known mailing address, and Social Security
number of the Alternate Payee are as follows:
Name: Tracey L. Patience
Address: 2065 SE Joyner Circle
Port St. Lucie, FL 34952
Social Security Number: xxx-xx-2943
4. The name of the Plan to which this Order applies, and the
Sponsoring Employer and Plan Administrator of the Plan, are as follows:
1.
Name of Plan: MPH Savings and Retirement Plan 092774
Sponsoring Employer: Fonterra USA Inc.
100 Corporate Center, Suite 101
Camp Hill, PA 17011-1758
Social Security Number: N/A
Plan Administrator:
5. The amount of the Participant's benefits to be paid by the Plan to
the Alternate Payee, the manner in which such benefits are to be paid, and the
number of payments or period to which this order applies, are as follows: An
amount equal to $50,000.00 of the Participant's vested benefits under the Plan
shall be distributed in one lump-sum payment into a qualified account in the
name of the Alternate Payee as soon as practicable following the date of this
Order, such payment to represent the provision of child support, alimony
payments or marital property rights to the Alternate Payee.
6. Nothing in this order shall be construed to require (i) the Plan to
provide any type or form of benefit, or any option, not otherwise provided under
the Plan; (ii) the Plan to provide increased benefits, or (iii) the payment of
benefits to the Alternate Payee which are required to be paid to any other
Alternate Payee under any other order previously determined to be a Qualified
Domestic Relations Order.
7. A certified copy of this Order shall be promptly submitted by the
Participant or his counsel to the Plan Administrator of the Plan.
8. Upon receipt of the Order, the Plan shall pay directly into a
qualified account in the name of the Alternate Payee as soon as practicable a
lump-sum payment of $50,000.00 from the vested benefits of the Participant.
The parties hereby agree to the foregoing terms of this Qualified Domestic
Relations Order in order to implement paragraph (8)(B) of their marital settlement
agreement dated March 30, 2009.
Steven B. Patience Tracey L (Patience
It is hereby ORDERED AND DECREED that the foregoing is adopted as a
Qualified Domestic Relations Order.
N.6V - 17 u"'F By The Court
in A. Hess, J.
P: r' It-7
OF TIBMARY
91OV 17 AM 10: 26
cl??Il ??
2009 OY 12 fJ { ? : ? y
cLIi;: jy
??11 ? /09 -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACEY L. PATIENCE
Plaintiff
V.
STEVEN B. PATIENCE,
Defendant
NO. 2008-6526
CIVIL ACTION - LAW
IN DIVORCE
FIRST AMENDMENT TO MARITAL
SETTLEMENT AGREEMENT DATED MARCH 30, 2009
N
c o
nf 7
7
,
c Z-
1
c
cr, -?
THIS AMENDMENT TO MARITAL SETTLEMENT AGREEMENT is made
this day of J' ' t , 2010,
BY and BETWEEN Tracey L. Patience, of 2065 Joyner Circle, Port St. Lucie,
Florida, 34952, hereinafter referred to as "Wife,"
A
N
D
RECITALS
R.1: The Parties hereto were formerly Husband and Wife, having been
Steven B. Patience, of 4425 Issaquah-Pine Lake Road, # H-31, Sammamish, WA
98075, hereinafter referred to as "Husband."
joined in marriage on October 29, 1983, in Flemington, New Jersey and having
been divorced by virtue of a decree issued in the Court of Common Pleas of
Cumberland County, Pennsylvania to. the above term and number on-May 12,
2009; and,
R.2: The parties signed a marital settlement agreement (hereinafter
"Agreement" dated March 30, 2009, which agreement was incorporated into the
parties' divorce decree; and,
R.3: The parties wish to amend the terms of the Agreement as it relates to
"Alimony" under paragraph (9) of this Agreement; and,
RA: Michael A. Scherer, Esquire, is Wife's separate counsel and
Husband understands his right to consult with his separate counsel in the
execution of this Amendment.
NOW THEREFORE, with the aforementioned recitals being hereinafter
incorporated by reference and deemed an essential part hereof and in
consideration of the covenants and promises hereinafter to be mutually kept and
performed by each party, as well as for other good and valuable consideration,
receipt of which is hereby acknowledged, and the parties, intending to be legally
bound, hereby agree as follows:
(1) ALIMONY: The parties hereby agree to delete the following
provision from the Agreement dated March 30, 2010. "The alimony shall terminate
at such time as wife remarries or cohabitates with a person of the opposite sex. "
The parties hereby agree that husband shall continue to pay wife alimony,
notwithstanding the provisions in 23 Pa.C.S.A. section 3701(e), if wife elects to
cohabitate or remarry. It remains the agreement of the parties that the alimony
shall terminate upon the death of either husband or wife."
(2) ATTORNEY'S FEES: Wife shall bear the costs associated with
this Amendment.
(3) GOVERNING LAW: All matters affecting the interpretation of this
Agreement and the rights of the parties hereto shall be governed by the laws of the
Commonwealth of Pennsylvania notwithstanding that the parties are now residents
of other jurisdictions.
(4) INCORPORATION INTO DIVORCE DECREE: The parties agree
that this Amendment shall be incorporated into the Divorce Decree by virtue of
being an Amendment to the March 30, 2010 which is in fact incorporated into the
divorce decree.
(5) ENTIRE UNDERSTANDING: This Amendment constitutes the
entire modification of the Agreement and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature whatsoever, other
than those herein contained.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals to this Agreement the day and
year first above written.
WITNESS:
Mi herer, Esquire
Tracey L(?at-16nce
Steven B. Patience
STATE OF FLORIDA
: SS.
COUNTY OF; /I7 T//-'
On this, the 9 day of r , 2010, before me, -3' the undersigned officer, personally appeare Tracey L. Patience, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument and acknowledged that she signed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
- '7-/O
9-i0
41KH BECKY NGOC TRAN
MY COMMISSION # DD883608
EXPIRES June 28, 2013
Notary Public
398-0153
On this, the P day of ?&- , 2010, before me,
the undersigned officer, personally appeared Steven B. Patience, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument and acknowledged that he signed the same for the purposes therein
contained.
STATE OF WASHINGTON
: SS.
COUNTY OF ?t Aq-
IN WITNESS WHER O , hereunto set my hand and official seal.
Notary Public