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HomeMy WebLinkAbout01-2684ROBERT F. McCLURE, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. MARY S. McCLURE, : CIVIL ACTION - LAW Defendant : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned ~that if you fail to do so, the case may proceed without you and a Decree in 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 manSage, you may request marriage counseling. A list of maniage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Coun~aouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Cti~ 'q 'k,.....~ ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND .COUNTY, PENNA : : NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAIl,ABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. o/-.~ ~ ~-- : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plainfiffis Robert F. McClure, who currently resides at 212 South Rupp Avenue, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Mary S. McClure, who currently resides at RR #2, Box 2030, Christian Hill, Lovell, Oxford County, Maine 04051. 3. Plaintiffhas been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 4, 1977, in Portland, Maine. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiffis a citizen of the United States of)umerica. 7. The Defendant is not a member of the An-ned Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have the fight to request that the Court require the parties to participate in counseling. The parties to this action have been separated since September 1, 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiffrequests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DURKIN & CONNELLY Date ~J3~-~tO~] BY: ~llm~J6~i~EsquireQ_.~ ~ Hershey, PA 17033 (717) 533-328;0 PA I.D. No. 15615 I verify that the statements made in this Pleading are true ~md correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Robert F. McClure, Plaintiff ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNA NO. O1 - 2684 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN AND NOW, this ~ day of ~ me, a Notary Public in and for the State and County ffforememioncd, John J. ,2001, personally appeared before Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Mary S. McClure, on May 11, 2001. by certified mail number 7099 3400 0009 2916 0878, as evidenced bY the return receipt card atte,ched hereto and made a part hereof. Swom to and subscribed before me this ~ day of ~ ,2001. b' 4oth3 Public INOTARIAL SEAL I Jean L. Kosler, Notary Public City of Hummelstown,County of Dauphin My Commission Expire8 Feb. 9, 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery 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: B. Date of Delivery C. Signature D. Isdelive~y/eddressdifferentffomlteml? [] Yes If YES, enter delivery address below: ~'No 3. S ice Type '~'J~L~rth'ied Mail [] Exprsss Mail [] Registered [] Return Receipt for Merchandise C1 Insured Madl [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes PS Form 381 1, July 1999 Domestic Return Receipt' ROBERT F. McCLURE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2684 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on MARY S. McCLURE, Defendant May 3, 2001. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Robert F. McClure, Plaintiff ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : iN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2684 : : CIVIL ACTION- LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER $3301¢c~ OF THE DIVORCE CODE l. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.. C.S.A. Section 4904, relating to unswom falsification to authorities. Robert F. McClure, Plaintiff ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant May 3, 2001. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2684 : : CIVIL ACTION- LAW : iN DIVORCE DEFENDANT'S AFFIDAVIT OF COiNSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce .decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pet. C.S.A. Section 4904, relating to unswom falsification to authorities. Mary S. Mc~lure, Defendant ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : NO. 01-2684 : : CIVIL ACTION- LAW : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §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 Divoree 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 tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Mary S. Ml3Clt~re, Defendant ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2684 : CIVIL ACTION- LAW : IN DIVORCE STIPULATION FOR ENTRy (ZE QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated May 22, 2001. A Divorce Decree was entered on Noveraber 20, 20.01 2. The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of §414(p) of the Internal Revenue Code of 1986 ("Code"). 3. The Order creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. II. Statements of Fact Pursuant to Code: §414(p) 4. This QDRO applies to the H.B. McClure and Company Employees' Profit Sharing Plan ("Plan"). Robert F. McClure ("Participant") is a Participant in the Plan. Mary S. McClure ("Alternate Payee") is the Alternate Payee for purposes of this QDRO. 5. The Participant's name, social security number, date of birth and mailing address Robert F. McClure 212 South Rupp Avenue Shiremanstown, PA 17011 Date of Birth: December 1, 1954 Social Sectncity No.: 184-36-6148 13. If the Plan does not permit an immediate distribution of the mount described in paragraph 11 or this Part IV, the Plan shall pay that amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B). 14. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 15. The Alternate Payee assumes sole responsibility fbr the tax consequences of the distribution under this QDRO. 16. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code § § 401 (a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 1,6 is to ensure payment to the Altemate Payee in case of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In case of the alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee's beneficiary as the Alternate Payee. The Alternate Payee may file a written beneficiary designation with the Plan Administrator. If the Alternate Payee fails to file a written beneficiary designation with the Plan Administrator, the Plan shall treat the Alternate Payee's estate as the Alternate Payee's beneficilary. V. Procedure for Processing this QDI~_Q 17. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a Qualified Domestic Relations Order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 18. The Plan Administrator shall promptly notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participm~t and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. Th'e Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. The Court retains jurisdiction to an~end the Order, but only for purposes of establishing it or maintaining it as a Qualified Domestic Relat~ Order. So ORDERED by this Court, this ta~ dayof ~}~1~ ,2001. PARTICIPANT Robert F. McClure ATTORNEY FOR PARTICIPANT Susan M. Kaclel, Esquire ALTERNATE PAYEE Mary S. MdClure ' '~'~' ~ TRUE COPy FROM RECO In .Testimony whereof, Ibere ....... R~ .' ,,,-,,:, ~ .,,,.,,i ,,,, s,.,,:¢o.,-, ,:.,: c;';~,il;7;a~,y .,..c, cu. ' ."~,~,o,;;;',;; '- r--d,-. ' ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2684 : : CIVIL ACTION- LAW : IN DIVORCE AMENDED STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER I, Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated May 22, 2001. A Divorce Decree was entered on November 20, 2001. 2. The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of §414(p) of the Internal Reven~ae Code of 1986 ("Code"). 3. The Order creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. II. Statements of Fact Pursuant to Code. §41 4. This QDRO applies to the H.B. McClure and Company Employees' Profit Sharing Plan ("Plan"). Robert F. McClure ("Participant") is a l~'articipant in the Plan. Mary S. McClure ("ARemate Payee") is the Alternate Payee for purposes of this QDRO. The Participant's name, social security number, ,date of birth and mailing address Robert F. McClure 212 South Rupp Avenue Shiremanstown, PA 17011 Date of BWth: December 1, 1954 Social Sec~arity No.: 184-36-6148 address are: The Alternate Payee's name, social security number, date of birth and mailing Mary S. McClure Date of Birth: October 20, 1955 RR #2, Box 2030 Social Security No.: 006-60-0697 Christian Hill Road Lovell, Maine 04051 7. The portion of the Participant's Plan benefits payable to the Alternate Payee under this QDRO is the sum of Two Hundred Fifty Four Thousand Four Hundred Thirteen Dollars and Sixty Seven Cents ($254,413.67) or, in the event the account is less than $254,413.67 at the time of transfer, then the entire account balance shall be transferred to the Alternate Payee. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a Qualified Domestic Relations Order requires the Plan to pay to another alternate payee. IV. Time and Manor of Payment 11. The Plan shall pay, in lump sum, the amount designated in paragraph 7 of this QDRO, to the Alternate Payee. The Plan shall pay this amount as soon as administratively feasible. 12. the Plan may distribute the amount described in paragraph 1 oft[ds Part IV without obtaining any further consent from the Alternate Payee. This QDRO does not require the Alternate Payee's consent to the distribution, and 13. If the Plan does not permit an immediate distribution of the amount described in paragraph 11 or this Part IV, the Plan shall pay that amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B). 14. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 15. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 16. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 16 is to ensure payment to the Alternate Payee in case of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In case of the alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the Alternate Payee's beneficiary as the Alternate Payee. The Alternate Payee may file a written beneficiary designation with the Plan Administrator. If the Alternate Payee fails to file a written beneficiary designation with the Plan Administrator, the Plan shall treat the Alternate Payee's estate as the Alternate Payee's benefici[ary. V. Procedure for Processin_e this QD]g_Q 17. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a Qualified Domestic Relations Order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 18. The Plan Administrator shall promptly notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. The Court retains jurisdiction to amend the Order, but only for purposes of establishing it or maintaining it as a Qualified Domestic Relations Order. So ORDERED by this Court, this __ day of ,2002 o PARTICIPANT Robert F. McClure ATTORNEY' FOR PARTICIPANT ~xs'~'~ M. Kadel, Esquire ALTERNATE PAYEE Mary S. Mc-Clure ROBERT F. McCLURE, Plaintiff MARY S. McCLURE, Defendant : 1N THE COURT OF COMMON PLEAS : CUiVlBERLAND COUNTY, PENNSYLVANIA : NO. 01-2684 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. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: May 11, 2001 by Certified Mail No. 3400 0009 2916 0878. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent ~md Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: October 19, 2001; by Defendant: October 19, 2001. (b) (1) Date of execution of the Plaintiffs Affida~4t required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated May 22, 2001. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be'. entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff.' October 119, 2001; by Defendant: October 19, 2001. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. Date: //9-c~/--01 e) ff JAMES, SMITH, DURlCJN & CONNELLY LLP ariel,, Jr., Esquire/~ ~ ffox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this~day of between ROBERT F. McCLURE, hereinafter called "Husb'and", an~d MARY hereinafter called "Wife". ,2001, by and S. McCLURE, WlTNESSETIt: WHEREAS, Husband and Wife were legally married on June 4, 1977; WHEREAS, two children were bom of this marriage, Mary Alice McClure, date of birth May 8, 1981, and Meghan McClure, date of birth January 19, 1984; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and detemtine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she fi.om time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, autho~rity and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart fi.om the other. Each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at any time which raight in any way influence the children adversely against the other party. 3. DMSION OF REAL PROPERTY. The parties are the owners of certain real estate owned by the parties as tenants by the entireties as well as partnership real estate owned by Husband. The division of the parties' real estate is as specifically set forth below. A. The parties' marital residence located at 212 South Rupp Avenue, Shiremanstown, Cumberland County, Pennsylvania shall be l~ansferred solely to Husband subject to the existing mortgage with EMS. Husband agrees that he shall indemnify and hold Wife harmless on the said mortgage obligation. The parties have agreed to a fair market value for the marital residence of $215,000.00. B. The parties are also the joint owners of a vacation residence located at RR #2, Box 2030, Christian Hill, Lovell, Maine which shall become the sole and separate properly of Wife. There is presently existing as a lien against the said property a mortgage in favor of Countrywide Home Mortgage in the amount of approximately $240,000.00. Husband agrees that he shall be solely responsible for the mortgage balance and shall pay it in a limely fashion. The said payments are in the amount of $1,860.72 per month. The said payments shall be considered a payment on behalf of Wife which shall be categorized as alimony and fully t~0~ deductible as more particularly set forth in Paragraph 9 hereof. Said payments shall be made until the mortgage balance is paid in full. There shall be no penalty for pre-payment of the mortgage by Husband. In the event Wife sells the residence prior to the end of the mortgage term thereby satisfying the obligation to the mortgage company, Husband will continue to make the same monthly payments ($1,860.72) directly to Wife as alimony until the term of the mortgage previously contemplated is completed. Husband reserves the right at any point in time, as previously referenced herein, to Pay offthe balance due on the mortgage and receive the alimony deduction for'the said payment in the year in which the payment is made. The vacation home in Maine has been valued under the terms of this Agreement at a net value of $500,000.00. C. A limited liability corporation (South 17~ Street LLC) is the owner of the real estate located at 600 South 17a' S~-eet, Harrisburg, Dauphin County, Pennsylvania. This is the location of ll.B. McClure Company. Husband is a shareholder in the LLC with other individuals. Wife agrees that she shall execute any documents necessary to waive any claims she may have in Husband's interest in the LLC so that this asset shall be his sole and separate asset upon execution of this Agreement. D. Husband has an ownership in real estate located in Blain, Perry County, Pennsylvania known as "Camp Snore" (ALCLAR, Inc.). This property is owned in conjunction with other family members and, to the extent of Husband's interest, this shall remain Husband's sole and separate property. E. Husband is an owner in conjunction with other partners in property located at Graham Street, Harrisburg, Dauphin County, Pennsylvania. Wife waives any claim she may have against the Graham Street property and Husband shall retain the partnership interest in this asset as his sole and separate property. The parties agree to execute any deeds or any other documents necessary to effectuate the specific terms of the transfer of ownership or waiver of interest of the real estate or real estate interests more particularly set forth. To the extent there are any financial obligations on any of the properties, the party retaining the property, with the exception of the Maine property, shall assume full financial responsibility for the asset and shall indemnify and hold the other harmless on any obligations related thereto. 4. BUSINESS INTERESTS. Husband is the owner of corporate shares ora business lcnown as H.B. McClure Company. Wife agrees to execute any documents necessary to waive any chdm she may have to Husband's ownership interest in the business known as H.B. McClure Company. $. ~. A. Each of the parties are owners of an IRA with MFS. As of April 6, 2001, Husband's IRA has a balance of approximately $16,870.00, and Wife's IRA has a balance of approximately $3,280.00. Wife shall retain both IRAs. Husband will execute any documents 3 necessary to have MFS roll over the balance in his IRA to Wife's IRA. B. Husband presently holds an interest in his 401(k) plan through his employment/ownership at H.B. McClure Company. Husband agrees that after adding the total value of the MFS IRAs, he will roll over an mount from his 401 (k) plan that together with the IRA totals will equal the sum of $275,000.00. This roll over from the 4010c) shall be to an account as dh'ected by Wife, but in any event, shall be a non-taxable transfix. The balance in Husband's 401(k) plan, after the roll over to Wife, shall be retained by Husband as his sole and separate property. The roll over of the amount in the IRAs to Wife shall take place immediately after the granting ora Decree in Divorce more particularly referred to in Paragraph 32 hereof. After deducting the total balance in both IRAs at the time of the transfer from the $275,000.00 set forth herein, the balance shall be rolled over from the 401(k) as aforeraentioned. 6. SCHWAB ACCOUNTS. Wife is the owner of a Schwab account in her name indi~ddually which as of April 6, 2001, has a balance of approximately $173,700.00. The parties are also the owners of a joint Schwab account which as of April 6, 2001 has a balance of approximately $54,700.00. Husband agrees that hc shall move sums necessary to Wife's individual Schwab account in order for her account to total $225,000.00. This transfer shall occur as soon as practical ,d:ter the granting of the Decree in Divorce as referred to in Paragraphs 5 and 32 hereof. Husband s]hall then retain sole ownership of the joint Schwab account and shall transfer it into his name individually. 7. ~ Under Paragraph 3B (Division of Real Property) and Paragraph 10 (Alimony) of this Agreement, Husband has certain financial obligations to Wife more specifically set forth below. Under Paragraph 3B, Husband is required to pay the balance in monthly installments of the mortgage on the property located in Lovell, Maine. Pursuant to the terms ofth/s Agreement, in the event of Husband's death, the said payments would terminate. Under Paragraph 10 of the Agreement, any continuing alhnony payments would also terminate upon Husband's death. In order to insure that Wife receives the total amount due her 4 under the terms of tins Agreement, Husband shall secure a life insurance policy naming Wife as beneficiary in the follow/rig mounts: A. The then existing principal mortgage balance due upon the date of ins death; and B. The then existing balance due on the contin]aing alimony obhgation pursuant Paragraph 10 of the Agreement. The balance due on the mortgage shall be paid directly to the mortgage company. The balance due on the alimony payments shall be paid to Wife directly. 8. DMSIO1N OF PERSONAL PROPERTY. Husband shall retain all personal property in ins possession. Specifically, the contents of the marital residence located at 212 South Rupp Avenue, Sinr~manstown, Pennsylvania. Wife shall retain as her sole and separate property, all personal property in her possession including the personal propc~, located at the Maine vacation home referred to in Paragraph 3 hereof. 9. Wife shall retain ownersinp of the 1998 V70R Volvo Station Wagon. Ail other motor vehicles used by the parties are held within the business known as H.B. McClure Company and will be retained by Husband. Wife is the recipient of certain funds (accounts payable) fi.om H.B. McClure Company and Wife is designated to receive $3,000.00 per month for a period of ten (10) years fi.om the said note. The $3,000.00 per month payments conclude in September of 2005. Wife shall assign her right in the said note to Husband and, in exchange, Husband agrees to pay to Wife the sum of $4,250.00 per month in the form of alimony for a per/od often (10) years (120 months) beginning on May 1, 2001. The said alimony payments shall not be modifiable as to duration and shall only be modifiable as to amount in the event of significant health or economic problems of Husband causing Husband a substantial decrease in ins income. Husband also agrees to pay for the remaining dental work required for Wife previously arranged and partially paid for by Husband. In addition to the alimony payments set forth in this paragraph, the mortgage payments paid on Wife's behalf, more particularly set forth in Paragraph 3 hereof, shall ~,lso considered alimony. Said alimony payments shall terminate upon the death of either partly. The amount of alimony payments, as well as the payments on the mortgage as set forth in Paragraph 3 hereof, shall be deductible by Husband as set forth below. All such payments referred to in this paragraph and Paragraph 3 paid by Husband to Wife or on Wife's behalf, shall be deemed alimony, as defined in Section 71 Co) (1) (A) of the Internal ~ Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws ur regulations related thereto. Payments fi.om Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code,, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. The amount of the alimony arrived at in this Agreement was based on an estimate ora personal spending for Wife which is more particularly described and identified on Exhibit "A" attached to this Agreement. Wife's financial resources available for the purpose of meeting her personal financial requirements, shall include not only the alime,ny and mortgage payments set forth herein, but also the return on her investments provided to l~er by the transfer of assets under the equitable distribution provisions of this Agreement. As previously referred to in Paragraph 9 hereof, there is presently a note receivable to Wife fi.om I-I.B. McClure Company. Wife shall assign ownership of the said note to Husband, who shall be entitled to collect all payments until the amount is paid in full. The parties have divided to their mutual satisfaction all bank accounts in joint names or in the parties' names individually acquired during the marriage, galy bank account held by the party in their individual name at the time of the execution ofth/s Agreement, shall main that party's sole and separate property. Husband shall retain his partnership interest in an airplane partnership know as 37 Charlie which is the owner of a Cessna C 182 RG. 14. FEDERAL INCOME TAX EXEMPTIONS. Husband shall retain the right to deduct either of his children for Federal Income Tax purposes so long as they are eligible to be claimed as an exemption. 15. ADVANCED EDUCATION. Husband shall be solely responsible for the high school and college education costs of the parties' children including, but not limited to, room, board, tuition or books. Husband shall be entitled to use the custodial accounts with Schwab for each of the children in order to defray college expenses. When the accounts are used in full, the remaining responsibility for the college educational expenses of the children shall solely rest with Husbandl 16. APPLICABILITY OF TAX LAW TO PROPERY TRANSFER.q. 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 the said Act. 17. ASSUMPTION OF DEBTS. Husband agrees to pay any and all outstanding debts and obligations of Husband and Wife incurred prior to the execution of this Agreement. All further debts incurred by the parties shall be their individual responsibility. 7 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. The party breacking this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled 'to ufihze the remedies as set forth in the Divorce Code of 1980, as amended. 19. I~lJ~~. . Husband and Wife each represent and warrant to the oth~x that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party of evei3, type whatsoever and all other facts relating to the subject matter of this Agreement. 20. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 21. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for wtfich Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of deb~ or obligations incurred by her. 22. Husband represents and warrants to Wife that since the pmfies' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemn/fy and save Wife harmless bom any and ail claims or demands made 8 against her by reason of debts or obligations incurred by him. 23. WAIVERS OF CLAIMS AGAINST ESTATEU,. Except as herein otherwise provided, each party may ch[spose of his or her property in any way, and each party hereby waives and relinquishes any and alii fights he or she may now have or hereafter acquire, under the present or future laws of any jufisdJcfion, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow% allowance, right to take in intestacy, fight to take against the Will of the other, and fight to act as admimstrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all inslnunents which may be necessary or advisable to carry into effect this mutual waiver and relinquishrnent of all such interests, rights and claims. 24. ~. It is recognized by the parties hereto that Husband is represented by John J. Counelly, Jr., Esquire, and Wife is unrepresented by counsel. Wife has the fight to have this Agreement reviewed by counsel of her choosing prior to signing this Agreement. It is fully understood and agreed that by the signing of this Agreement, each party understands the leg;fl impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 25. VOLUNTARy EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fak and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 26. ENTIRE AGREEMENT. This Agreement comains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. PRIOR AGREEMENT. It is understood and agreed that any and all property settleraent agreements which may or have been executed prior to the date and time of this Agreeme~tt are null and void and of no effect. 28. MODIF/CAT/ON AND WAIVEIL. Any modifieafiun or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the sarne 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 conslrued as a waiver of any subsequent default of the same or similar nature. 29. 17zl)f~{~7~.a~,~. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. INDEPENDENT SEPARATE COVENANT,~... It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent'covenant and agreement. 31. 3LQII~d~J~. If any term, condition, clause, or provision oft/tis Agreen~ent 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. ENTRy AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce wkich may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made apart of, but shall not merge with, any sach judgment or decree of final divorce. 33. ~.~-,~IT_TJI)~. Husband shall promptly file a Divorce Complaint in the Court of Common Pleas, Cumberland County, Pennsylvania and shall include a 3301(c) no fhult count only. Upon the completion of ninety (90) days from the date of the service of the Complaint, the parties shall execute documents necessary to finalize the divorce action including Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 34. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH O~' Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above v~ritten. Robert F. McClure ~ ~ Mary S. McCI~e COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ SS. Onthis, the ~;~L dayof..~ ,2001, beforeme, a Notary Public, personally appeared Robert F. McClure, known to me to be the person whose name is subscribed to the with/n Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC STATE OF MAINE SS. ' NOTARIAL SF..AL Jean k. Kosier No~ Public JCIty of Hummelatown,County of Dauph n L My co,remission Expires. Feb. g, 2004 On this, the _~.~- day of ~'~£.~j ,2001, before me, a Notary Public, personally appeared Mary S. McClure, known M me to be the person whose name is subscribed to the within Property 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. IN THE COURT Of COMMON PLEAS OFCUMBERLAND COUNTY STATe OF ROBERT F. McCLURE, Plaintiff VERSUS MARY S. McCLURE, Defendant ]PENNA. No. 01 - 2684 AND NOW, DECREE IN DIVORCE DECREED THAT AND Robert F. McClure Mary S. McClure , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COUrt RETAINS JURISDICTION OF THE FOi_LOWlNG CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None not merged, into this Decree in Divorce. ATTE ST~~ PROTHONOTARY I~.IC. . II