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HomeMy WebLinkAbout04-2478IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, PLAINTIFF, Vo JAMES K. SANDERS, DEFENDANT, Civil Action---Divorce Docket No. ~ -.~.~q?d NOTICE TO DEFEND AND CLAIM OF 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, PLAINTIFF, JAMES lC SANDERS, DEFENDANT, Civil Action---Divorce Docket No. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser cmitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6) .......Indignities 23 Pa.C.S. & 3301(c) ..........Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d) ..........Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. H.ATJ,ETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW t2?ae.. y. fo.r ?n iff 7M~Wo~tn iM2ihnn S t r e et Mechanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, PLAINTIFF, JAMES IC SANDERS, DEFENDANT, Civil Action---Divorce Docket No. COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Carolyn R. Sanders, an adult individual, sui juris an who currently resides at 1224 Mitchell Drive, Mechanicsburg, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is James K. Sanders, an adult individual, sui juris, who currently resides at 11677 SW 138 Lane, Dunnellon, FL 34432. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvmfia for a period of more than 6 months. 4. The parties were married on the 28th day of August, of 1965, in the County of Adams, Commonwealth of Pennsylvania. 5. Neither the Plaintiffnor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divome instituted by the plaint/flor defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since November 8th, 2003. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WItERFORE, plaintiff requests that the Honorable Court ~'ant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11, The parties do have two biological children bom within the marriage. 12. The parties have heretofore entered into a written agreement as to support, Alimony, or property division which was executed on October 31, 2003. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO°FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pttrsuant to section 3301(c) of the Divome Code. PETITION FOR EOUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 14. The averments of paragraph I through 13, are incorporated herein by direct references thereto as if set forth verbatim. 15.. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code. 16.. Such marital property includes real and personal property as well as other intangile property thought to exist, including but not limited to pensions, bm~k accounts, stocks, bonds, etc. 17.. Such property is subject to equitable division, distribution and assignment by this Court. WItEREFORE, Plaintiffprays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant fi.om transferring or encumbering any marital property during the pendency of this action. _A~ ,oqn~ e.y. fo. r Plain ti ff West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I ver/fy that upon personal knowledge or information and belief 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. Carolyn R. Sanders, Plaintiff Date: ~//~/~t~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, PLAINTIFF, Vo JAMES IC SANDERS, DEFENDANT, Civil Action---Divorce Docket No. v~/~ ,~ Vl[ QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of ~ ~o~'"- ,2004, it appearing to the Court 1. The parties hereto arc husband and wife and a divorce action is presently pending in this Court at the above number; 2. James K. Sanders, 198-34-6348, hercinafmr referred to as "Defendant" or "Participant," is a participant in the JMSLLC-CUSTODIAN FBO Plan. 3. Carolyn Sanders, 160-36-2858, hereinafter referred to as "Plaintiff' or "Alternate Payee/Beneficiary" has raised claims for inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. Plaintiff's current and last known mailing address is 1224 Mitchell Drive Mechanicsburg, PA. 17050 5. Defendant's current and last known mailing address is 11677 SW 138 LN: Dunnellon, FL 34432. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1, A portion of the aforementioned Custodial Plan is marital property subject to distribution by this Court. 2. Husband, currently holds a Roth IRA Rollover account # 726 l ~2578 and named JMSLLC-CUSTODIAN FBO, which currently has approximately six hundred and fifty thousand dollars ($650,000.00) and is deemed marital property. 3. Husband shall appoint Wife as Sole beneficiary of this account with one hundred percent of this account to inure to the benefit of Wife in the event husband predeceases Wife. 4. Husband shall provide to Wife a minimum often 10 day advance written notice in the event he transfers this account to any other institution and/or changes in any manner the status of this account. Husband agrees and covenants that he shall name as sole beneficiary and alternate payee Carolyn R Sanders regardless of where husband transfers this account. 5. In the event that husband fails to appoint Wife as a beneficiary of this account or any successive account to which he may transfer this account he shall pay to Wife fifty percent 50% of the then value of the account to Carolyn R. Sanders immediately. 6. James K. Sanders, shall openly share all relevant information with Carolyn R. Sanders as to the status of his Roth IRA Rollover and shall submit proof to Wife upon demand that she is in fact named as a beneficiary of this Roth his IRA Rollover and shall not convert this Roth IRA Rollover into any other form that would not allow Carolyn R. Sanders to be appointed as a beneficiary. 7. Husband further agrees that he will cooperate in amending and/or changing the Qualified Domestic Relations Order as well as this addendum if necessary now or in the future as well as sign any and all related or unrelated documentation necessary or as Carolyn R. Sanders may deem necessary or circumstances require to give full force and effect to the terms and conditions of this agreement and Roth IRA Rollover distribution including but not limited to the Marital Settlement Agreement, and Addenduum to the Marital Settlement Agreement, 8. The plan to which this Order applies is his Roth IRA Rollover account //7261-2578 and named JMSLLC-CUSTODIAN FBO, or any successor plan, account, and/or any institution public, private financial or otherwise that James K. Sanders may convert, and/or transfer this account to be it either in whole or in part. 9. The Alternate Payee/Beneficiary, shall have the same rights with regard to her portion of the Roth IRA Rollover as are available to the Participant. 10. If husband converts this account to a financial institution which does not allow the appointment ora beneficiary he shall execute a Last Will and Testament naming his Wife as sole beneficiary of the account or accounts which were created with funds derived from the original iRA or successive transfers from the original IRA and Wife shall become entitled to one hundred percent of the balance left remaining of such account(s) from husband's estate. 11. It is specifically understood as between the parties that Wife shall only become entitled to husband's Roth IRA Rollover if husband predeceases Wife and that Wife shall not be entitled to any portions of this account while James K. Sanders is alive. CONSENTED TO: Carolyn 1~. Sanders, Beneficiary Dated: ~//fi~,/~ ~7/ Dated: ¢9I~ - o~ - O~Z BY THE COURT SEPARATION AGREEMENT This is a Separation Agreement made by and between James Kenneth Sanders, presently residing at 11677 SW 138 LN; Durmellon, FL 34432 (sometimes hereinafter referred to as "Husband") and Carolyn Ruth Sanders, presently residing at 1224 Mitchell Drive, Meehanicsburg, PA 17050- 3132 (sometimes hereinafter referred to as "Wife"). This Agreement is effective November 10, 2003, although either or both parties may have signed it before or after that date. The parties were married on August 28, 1965, at Fairfield, PA. Two (2) children have been bom of the said marriage: Bradley James Sanders, March 29, 1970; Darrin Kenneth Sanders, July 17, 1973. Bradley James Sanders, Darrin Kenneth Sanders, are adults not living with either parent and are no longer dependent upon either of the parties. As the result of disputes and irreconcilable differences, the parties have separated and are now living apart. They intend to continue to live apart and they are desirous of settling their property rights, the division of their property. In view of the foregoing and in consideration of the premises and of the mutual promises and undertakings hereinafter set forth, and for other good and valuable considerations, the parties agree as follows: ARTICLE 1. Freedom of Action; Noninterference. The parties may and shall continue to live apart. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Neither party shall molest or interfere with the other. Each may, for his or her separate benefit, engage in any employment, business, or profession that he or she may choose. ARTICLE 2. Property and Property Division. (A) Real Estate. James Kenneth Sanders, Carolyn Ruth Sanders, are the record owners of the Premises located at 1224 Mitchell Drive, Mechanicsburg, PA 17050-3132, and more fully described as: The property more fully described at attached Exhibit "A". The Premises shall be treated as follows: "Husband" shall transfer to "Wife" his entire interest in 1224 Mitchell Drive, Mechanicshurg, PA 17050-3132 so that "Wife" be the owner thereof, free and clear of any claim by "Husband". (B) Transfer of Marital Property from Husband to Wife. Husband transfers to Wife, as her sole and separate property, all interest in the following marital property: hitial'~_ © Standard Legal N~twork. All Rights Rgservod. Page / of O~ v/ All furniture, appliances, and all equipment used for maintaining 1224 Mitchell Drive, Meehanicsburg, PA 17050-3132. (C) Transfer of Marital Property from Wife to Husband. Wife transfers to Husband, as his sole and separate property, all interest in the following marital property: All musical devices and all tennis equipment and all hand and power tools. (D) Separate Property of Wife. It is agreed by the parties that the following is the separate property of Wife, and Husband releases and assigns to her any claim that he may have in the property: 2000 Buick Century. (E) Separate Property of Husband. It is agreed by the parties that the following is the separate property of the Husband, and Wife releases and assigns to him any claim that she may have in the property: 2001 Pontiac Grand Prix and 1995 Corvette. (F) Paymem of Debts by Husband. Husband agrees to pay all debts incurred by him after the date of this Agreement and all of the following described debts incurred by the parties prior to the date of this Agreement: "Husband" will pay all premiums for health coverage that is offered by his previous employer 'ABB'. If coverage is dropped by the employer then the health coverage will be obtained by each party with the "Husband" paying up to $2500.00 per year towards the "Wife's" individual coverage or a family policy selected by the "Husband", which ever is the lesser amount. Husband further agrees that he will not contract any obligation for which his wife, or her property or estate, may become liable and that he will save his wife harmless fi, om future liabilities he may incur. (G) Paymem of Debts by Wife. Wife agrees to pay all debts incurred by her after the date of this Agreement and all of the following described debts incurred by the parties prior to the date of this Agreement: Wife further agrees that she will not contract any obligation for which her husband, or her property or estate, may become liable and that she will save her husband harmless fxom future liabilities he may incur. ARTICLE 4. Spousal Support. James Kenneth Sanders agrees to pay to Carolyn Ruth Sanders, for her support and maintenance, $1500 per month, beginning January 1, 2006, and on the first day of each month thereafter until her remarriage, or until the death of either of the parties, whichever of these events occurs first. © Standmd Legal N~work. All Rights Resewcd. The "Husband" will pay a single lump payment of $24,000.00 in January, 2006 to cover the time period of Jannary, 2004 thru December, 2005. ARTICLE 3. Income Tax. The parties agree to cooperate in the filing of income rem, either jointly or as manSed filing separately and to file in the manner which will result in the greater overall tax savings and benefit for the year 2003. In so doing, neither party shall be required to pay more than he or she would have had to pay had he or she filed separately, and shall be reimbursed by the other party for such refund he or she could have received. The parties agree to file separate tax returns for the year beginning 2004. Each party agrees to hold the other harmless from any tax liability attributable to his income during that year. Each party will be solely entitled to the credit for any prepayment made by him or her against his or her own tax liability. ARTICLE 4. Mutual Release. Except as otherwise he~in expressly provided, the parties shall and do mutually release and forever discharge each other fi.om any and all actions, suits, debts, claims, demands, and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may bereaf~r have or assert against the other upon or by reason of any matter, cause, or thing up to the date of the execution of this Agreement. ARTICLE 5. Waiver and Modification. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. ARTICLE 6. Execution of Additional Instruments. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other pan'y any and all further instruments and assurances, that the other party may reasonably request for the purpose of giving full force and effect to the provisions of this Agreement. ARTICLE 7. Notices. Except as herein otherwise expressly provided, any and all notices given hereunder or pumuant to the terms hereof, or on account hereof, shall be in writing and shall be sent by first-class mail to © Stand.~rd L~gal NeO~ork. All Rights R~se~ved. either party at his or her residence address, and each party agrees to keep the other informed of any change in his or her residence address. The following Notices are hereby incorporated into the Separation Ag~ement by agreement of the parties, and made an ORDER of the Corm: (A) Relocation Notice. The parties hereto are hereby notified as follows: ff"Husband" or "Wife", intends to move to a residence other than the residence specified in the parties' Separation Agreement, said "Husband" or "Wife" shall file a notice of intent to relocate. ARTICLE 8. Partial Invalidity. If any provision of this Ag~nnent is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. ARTICLE 9. Warranty as to Financial Statements. Each party has furnished to the other various financial statements and information reflecting the parties' financial condition as of October 20, 2003. Further, the parties agree that each has made a complete disclosure of property and that neither knows of any property of any kind in which the party so agree'rog has any beneficial interest and the parties further agree and understand that they have arrived at the settlement set forth in this Agreement on the basis of, and in light of, the information set forth in such financial statements and disclosure. Each party represents and warrants to the other that there have been no substantial changes in his/her financial circumstances since the date set forth above and that such financial statements and disclosures correctly, accurately, and fully reflect his/her financial condition as of the date upon which he signed this Agreement. In the event it is hereafter discovered that either party has failed to disclose, whether knowingly or inadvertently, an asset the value of which is substantial (herein defined as having a value in excess of $500.00) the other party shall be entitled to one-half if it is a divisible asset or 50% of the value, as independently ascertained, of said asset. ARTICLE 10. Waiver of Administration. Each of the parties waives and releases all rights either may have or acquire in the estate of the other, or to act in the administration of the estate of the other. Each waives his or her right of election to take against the last will and testament of the other and all statutory allowances of any kind under the laws of the State of Pennsylvania or the laws of any state or territory of the United States or any foreign country in effect now or in the future. Further, each of the parties ages to refrain fi, om any action to avoid or nullit~ to any extent the terms of any last will of the other. lnitiaL'~ © Stm~d~rd Legal Network. All Rights R~so'wd. ARTICLE 11. Entire Agreement. The parties have incorporated herein their entire understanding. There are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. No oral statements or prior written matter extrinsic to this Agreement shall have any force or effect. Each party acknowledges that he or she fully understands the terms hereof, and each acknowledges that he or she is signing this Agreement freely and voluntarily. ARTICLE 12. Binding of Heirs. Each party hereby makes this Agreement binding upon the heirs, estate, executor and administrator of his or her respective estate and all obligations created hereunder shall be a charge upon his or her estate. ARTICLE 13. Effective Date. This Agreement shall be effective upon the date set forth above. IN WITNESS WHEREOF, the parties have hereunto set their hands to four counterparts of this Agreement, each of which shall constitute an original. Witnesses for Wife: HUSBAND: ACKNOWLEDGEMENT s TAr~ oFf. a/_ t~r.~,V~//,q ) COUNTY OF~'~ ) ~erore me, ~ ~o~ ~ ~a fo~ ~a Co~V ~a S~,~, ~ ~~, ~ H~bmd in ~e a~ve S~tion A~ment, who ~owl~g~ ~t he ~d si~ ~e forgoing ~t md ~t ~e s~e is his ~ act ~d deed. ~ ~ST~ONY ~OF, I ~ve h~to mt my hind md o~eifl ~, a~~, ~ ~ / ~y offS, 20 ~ ~~ion Expos: NOTARIAL SEAL JAMES E, GREEN, Notary Public Camp Hi~l, Cumberland County M~ Commission Expires June 6, 2005 sr^r~ oF ~¢~/~,¢,v',~,¢ ) cous~¥ oF ~¢'/¢p~e:yrc-,q~.g3 Before me,. NoT in ~.d fo, ~d Co..V ~.d S.~, ~.q.¢ ~ 3/~W, ~ Wire in the above Separation Agreement, who acknowledg~xt tl~it she did sign the foregoing instrument and that the same is her free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal, 73¢ tu~ ~/ d~y of,g>~v-~20v~. ,]~pdary Public /qvly Commission Expires: NOTARIAL SEAL I JAMES E. GREEN Not~ry Public J Camp Hill, Cumberland County ~My Commission Expires June 6, 2005 EXHIBIT "A' Real Estate Property Description BEING Lot No.27, Section 1, Valley Stream Estates, which plan is recorded in tl~ Cumberland County Recorder's Office in Plan Book 13, page 6. HAVING thereon erected a one=story frame dwelling known and numbered as 1224 Mitchell Drive, Mechanicsburg, Pennsylvania. © $1m~lar~ 1~ N~woSk, All Rights Re. trod. ADDENDUM TO MARITAL SEPERATION AGREEMENT This Addendum executed on the } s~' , day of (TLL~., ,2004 shall modify the Marital Seperation Agreement executed by the parties on October 31st, 2003 by and between Carolyn R. Sanders and James K. Sanders. All other terms and conditions contained within the original agreement shall remain in full rome and effect and shall be modified only to the extent provided within this Addendum to the original agreement. This addendum shall be enforceable by and through the Court of Cumberland County in the Commonwealth of Permsylvania and shall be incorporated into the divorce decree inasmuch as the original agreement. HEALTH INSURANCE COVERAGE James K. Sanders hereby agrees and covenants that he shall pay to Carolyn R. Sanders, all premiums for health coverage by his previous employer "ABB" If coverage is dropped by the employer then the health coverage will be obtained by each party with the Husband, James K. Sanders paying one hundred percent (100%) of Carolyn R. Sanders heath insurance coverage. This coverage shall be paid to Carolyn R. Sanders until the age of sixty five years (65) thereafter James K. Sanders shall pay no less than two thousand five hundred dollars ($2,500.00) per year for supplemental insurance. SUPPORT/ALIMONY James K. Sanders covenants and agrees to pay to Carolyn R. Sanders, for her support and maintenance an amount equal to the sum of his Social Security Income to be paid to Wife Carolyn R. Sanders, each and every month in the form of alimony, to commence on January 15TM, 2006 and on the 15TM day &each succeeding month thereafter until her death. This support shall be paid to Wife even in the event flint James K. Sanders predeceases his Wife and shall be paid to Wife from his estate and shall bind his executor(s) and beneficiarie(s) to comply with these payments. This payment shall not be reduced by any modification to less than the amount James K. Sanders receives from his Social Security Income. If husband's Social Security benefits are terminated or offset by a creditor he will nonetheless be responsible to pay to Carolyn R. Sanders, no less than the amount he would have received had the benefits not terminated or offset. IRA DISTRIBUTION/DESIGNATION OF WIFE AS BENEFICIARY Husband James K. Sanders shall appoint, Carolyn R. Sanders the beneficiary of his IRA Rollover account # 7261-2578 and named JMSLLC-CUSTODIAN FBO, which currently has approximately six hundred and fifty thousand dollars ($650,000.00) and Carolyn R. Sanders, shall receive one hundred pement of this IRA in the event that husband predeceases Wife. Husband shall provide to Wife a minimum often 10 days advance written notice in the event he transfers this account to any other institution and/or changes in any manner the status of this account. Husband agrees and covenants that he shall name as sole beneficiary and alternate payee Carolyn R Sanders regardless of where husband transfers this account. Wife shall be entitled to one hundred percent (100%) of this Rollover, IRA in the event that husband predeceases Wife, Carolyn R. Sanders. In the event that husband fails to appoint Wife as a beneficiary of this account or any successive account to which he may transfer this account he shall pay to Wife fifty percent 50% of the then value of the account to Carolyn R. Sanders immediately. Husband agrees and covenants that he shall cooperate in the execution of a Qualified Domestic Relations Order the content of which shall address the distribution and cimumstances relative to the distribution of this account. Husband further agrees that he will cooperate in amending and/or changing the Qualified Domestic Relations Order as well as this addendum if necessary now or in the future as well as sign any and all related or unrelated documentation necessary or as Carolyn R. Sanders may deem necessary or circumstances require, to give full rome and effect to the terms and conditions of this addendum and IRA distribution. Furthermore, James K. Sanders, shall openly share all relevant information with Carolyn R. Sanders as to the status of his IRA and shall submit proof to Wife upon demand that she is in fact named as a beneficiary of this IRA and/or any conversion of it into any other form. Furthermore, if husband converts this account to a financial institution which does not allow the appointment of a beneficiary he shall execute a Last Will and Testament naming his Wife as sole beneficiary of the account or accounts that were created from the IRA Rollover and/or successive transfers which originated from the IRA Rollover, shall be collected from husband's estate. WAIVER OF ADMINISTRATION Each of the parties waives and releases all rights either may have or acquire in the estate of the other, or to act in the administration of the estate of the other, except to the extent provided within this addendum related to payment of health benefits, support / alimony and payment of husband's IRA to wife. BINDING ON HEIRS Each party hereby makes this Addendum binding upon the heirs, estate, executor and administrator of his or her respective estate and all obligations created hereunder shall be a charge upon his or her estate. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. This Agreement Pennsylvania. shall be APPLICABLE LAW: construed under the laws of the Commonwealth of BREACH AND ENFORCEMENT: 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 other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enfome this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. the parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written intending .to be legally bound. Commonwealth of Pennsylvania County of Cumberland On this, the [b't' ,day of ~[[[h ~ A.D. 2004, before me a Notary Public appeared Carolyn R. Sanders, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. ~(~C~-- Title of Officer Seal Commonwealth of Pennsylvania County of Cumberland On this, the ~2. 8~__,day of ~,4,.~ ~1.D. 2004, before me a Notary ?ub/ic appeared James K. Sanders. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. INWITNESSWHEREOF, I~~officialseal. Title of Officer Seal NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Cucnberland County My Commission Expires April 14, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, Plaintiff, Vo JAMES I~ SANDERS, Defendant : No. 04-2478 .. .. : Civil Action - Divorce : .. . AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on JUNE 1, 2004 and served upon defendant on JUNE 8, 2004 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry ora final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: ~/~.~/O/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, Plaintiff, JAMES K. SANDERS, Defendant : No. 04-2478 : _. : Civil Action - Divorce .- .. AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on JUNE 1, 2004 and served upon defendant on JUNE 8, 2004 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifl do not claim them before a divorce is granted. 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN 1L SANDERS, Plaintiff, JAMES K. SANDERS, Defendant : No. 04-2478 : : : Civil Action - Divorce : .. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 ifI do not claim them before a Divorce is granted. 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. Date: 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. & 4904 relating to unsworn falsification to authorities, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, Plaintiff, JAMES IL SANDERS, Defendant : No. 04-2478 : : : Civil Action - Divorce .. : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a Divorce is granted. 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 herein are made subject to the penalties of 18 Pa. C.S. & 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, PLAINTIFF, JAMES K. SANDERS, DEFENDANT, Civil Action---Divorce Docket No. 04-2478 ACCEPTANCE OF SERVICE I James K. Sanders, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. JACK. Sanders, Defeni~af~' Authorized Agent IIb77 13o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN R. SANDERS, : PLAINTIFF, : VS. : JAMES K. SANDERS, : DEFENDANT, : Civil Action---Divorce Docket No: 04-2478 PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (C) of the Divorce Code. 2. The complaint in Divorce was filed on the IsT day of June 2004 served by Acceptance of Service dated June 8, 2004. (Attached hereto) 3 The plaintiff; signed her Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 13th day of September, which is attached hereto. 4. The plaintiff served her affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the 13a' day of September and the same was signed the 17th day of September 2004. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital separation agreement dated October 31, 2003 and addendum to marital separation agreement dated June 1, 2004. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 17th day of September 2004 pursuant to Rule 1920.72 a copy of which is attached hereto. Date: ~)/(~/~ 7 G ~~~Y~~ J 7.~st Main Street j //~Iechanicsburg, PA. 17055 J 717-790-5500 Atty. I.D. 69528 IN THE COURT OF COMMON PLEAS CAROLYN R. SANDERS PLAINTIFF OF CUMBERLAND COUNTY STATE OF PENNA. 04-2478 NO. JAMES K. SAN~]~'u s DEFENDANT DECREE IN DIVORCE 1 CAROLYN R. SANDERS, DECREED THAT JAMES K. SANDERS AND 2004 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE'-- BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Separation Agreement executed on the 31sT day of October 2003 shall be Incorporated into the Divorce Decree and shall not merge. The Addendum to the Marttal separation Agreement executed on the 1sT day ot June 2004 shall De into the Divorce Decr~eYa][~tt ~h~PnUo~t~erge. //} /7 / ATTEST J, ~PPROTHONOTARY