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HomeMy WebLinkAbout04-4769 o REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TAMARH. STEWARD Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO. tJl/- ,/7rJ>7' tttU/ KURT STEWARD Defendant. CNIL ACTION - LAW IN DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the fol1owing 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, Room 10 I, Cumberland County Courthouse, I Courthouse 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 TIDS 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, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TAMARH. STEWARD Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA y. NO. KURT STEWARD Defendant. CIVIL ACTION - LAW IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de Ias quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 SUS propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en Ia oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, V AY A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD, No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TAMAR H. STEWARD Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 0'1- 1.f7(P<j KURT STEWARD Defendant. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330HC) OR (D) OF THE DIVORCE CODE I, Plaintiff is Tamar H. Steward, an adult individual who currently resides at 310 April Drive, Apartment 2, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. Defendant is Kurt Steward, an adult individual who currently resides at 7947 Moyer Road, Harrisburg, Dauphin County, Pennsylvania 17112, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 5, 2000 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services ofthe United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7, Plaintiff avers that there are no children of this marriage, 8. The marriage is irretrievably broken, 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10, After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. II. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301 (c) or (d) ofthe Divorce Code, COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (I) through eleven (I I) ofthis Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14, The parties have acquired marital debt during their marriage, 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, Dated; ct./ \ ~ ~ OLf RE~AGER&AD~ER'PC , " ~ ~ Joanne on Clough, Attorney ill # 36461 2331 Market Street Camp Hill, PA l701l (717) 763-1383 VERIFICATION I, Tamar H. Steward, verifY that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities, Date: ",,-10mlcuL J skwcuL TAMARH.STEWARD If-., ...... ~ ,~ " ~ ~ v, <>(\ ~~ ~ ~\ ~ ""l ,"& \'S \'; '\ I ~ \ \ ' . t fI ' ~ ~~~ '>. ~ l~ .'-r '" - \J\..J U\.i:J ~ '" l,J '-' ~ MARITAL SETTLEMENT AGREEMENT ~* THIS AGREEMENT, made this day of October, 2005, by and between Tamar H. Steward (hereinafter "WIFE") and Kurt Robert Steward, (hereinafter "HUSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on May 5, 2000, in Dauphin County, Pennsylvania; and separated on March 26, 2004; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counseL WIFE is represented by Joanne Harrison Clough, Esquire. HUSBAND is represented by Kristopher T. Smull, Esquire of Maria P. Cognetti & Associates. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 330l(c) of the Divorce Code. A no fault divorce action was filed by WIFE in the Court of Common Pleas of Dauphin County, Pennsylvania on September 22, 2004. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 2 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 3 The parties acknowledge that they did not completely value or disclose the value of the assets contained herein. However, the parties do acknowledge that all assets and debts of the parties have been identified herein. Nonetheless, the parties are comfortable with the amount of disclosure provided by the other. 6. SEP ARA TIONjNON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were urunarried. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties acknowledge that HUSBAND purchased real property titled in his sole name located at 7947 Moyer Road, Harrisburg, PA 17112 prior to the time of the parties' marriage. HUSBAND and WIFE acknowledge that the value of said property increased during the marriage and that the increase in value of said real property is marital property subject to equitable distribution. In consideration of HUSBAND tendering to WIFE the sum of THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS and xx/lOO ($ 37,500.00) via a QDRO rollover from his UGI 401K as set forth more specifically in paragraph 9 of this AgreE!ment, WIFE agrees HUSBAND shall retain said property as his sole and exclusive asset and WIFE shall waive any right, title and interest to said property. This property is in HUSBAND's name alone; therefore no title transfer should be necessary. WIFE agrees to execute a Quit Claim Deed prepared by HUSBAND at his expense transferring any ownership interest she may have whatsoever in said property to HUSBAND. Said deed shall be held in escrow by WIFE's counsel until such time as the $ 37,500.00 is transferred to WIFE from HUSBAND via the QDRO referenced here above. HUSBAND shall be solely responsible for all costs associated with the home, including but not limited to the mortgage, home equity line, taxes and insurance and 4 refinancing costs, if any, and shall indemnify and hold WIFE harmless from said obligation. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND and WIFE agree that they are not co obligors on any debt and that any debt that is in HUSBAND's or WIFE's name shall remain his or her sole responsibility. HUSBAND represents and warrants to WIFE that since the 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 he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is employed at UGI and has a 401(k) and a Defined Benefit Pension plan through his employment. WIFE is employed by Capital Blue Cross and has a 40l(k) and a Defined Benefit Pension plan through her employment. HUSBAND and WIFE specifically agree that in consideration of the other property transfers set forth in this Agreement and particularly in consideration of WIFE transferring or waiving any right, title claim or interest she may have in the real estate referenced in paragraph 7 here above, HUSBAND shall transfer to WIFE the sum of THIRTY SEVEN THOUSAND FNE HUNDRED DOLLARS and XX/100 ($ 37,500.00) via a Qualified Domestic Relations Order to be prepared by HUSBAND at 5 his expense. The parties further acknowledge that they have not exchanged current values of these assets but nonetheless each party agrees to waive his or her right, title, claim or interest in the other party's retirement assets except as set forth in this paragraph. HUSBAND shall retain the balance of his 401(k) after the QDRO rollover of $ 37,500.00 to WIFE and shall retain his pension and WIFE waives all claims thereto. WIFE shall retain her 401(k) and pension and HUSBAND waives any claims thereto. HUSBAND hereby waives his right, title and interest to any of WIFE's pension and/ or retirement and any and all other retirement benefits otherwise disclosed. WIFE hereby waives her right, title and interest to any of HUSBAND's pension and/ or retirement and any and all other retirement benefits otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. ROLLOVER TO WIFE Upon WIFE receiving the QDRO rollover of $ 37,500.00 from HUSBAND's 401K as set forth above in paragraphs 7 and 9, WIFE's counsel shall release the executed QUIT Claim Deed to HUSBAND's counseL 6 12. PERSONAL PROPERTY. Except for the personal property set forth below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession except as follows: WIFE shall receive the following items of personal property in addition to the items already in her possession: 1. punch bowl and set gifted by WIFE's parents* 2. Armetale serving platter gifted by Wife's parents* *These items are believed to be located at the 7947 Moyer Road residence in the basement under the sink 3. boxes of books gifted by WIFE's mother 4. boxes of books belonging to WIFE's son Aaron 13. VEHICLES. HUSBAND shall retain the 1994 Ford Bronco. Said vehicle is in his name alone and is encumbered by a loan. WIFE waives any right, title and interest she may have in said vehicle. HUSBAND agrees to assume sole responsibility for the debt against the vehicle, and HUSBAND shall indemnify and hold WIFE harmless from said obligation. WIFE shall retain the 1998 Ford Escort. Said vehicle is titles in her name alone and is not encumbered by a loan. HUSBAND waives any right, title and interest he may have in said vehicle. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by 7 the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution after litigation is commenced. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the 8 obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS, Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 20. VOID CLAUSES. If any term, condition, clause or provISIOn of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 9 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 24. SUBSEQUENT RECONCILLlATION. In the event the parties reconcile subsequent to the execution of this Agreement, this Agreement shall remain in full force and effect unless and until the parties revoke or revise this Agreement in writing. This Agreement shall survive any reconciliation or a ttem pted reconciliation and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~jQm1~ ~ -rJu~ TAMAR H. STEWARD Witness A/ /" rG:ri~ /.LS> ^/VV' KURT ROBERT STEWARD 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumb:-~ : SS. On the I+~ day of N()JQVY\k:t~,.- J 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Tamar H. Steward, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Notary Public Camp HiN Born, Cumberland Coonty My Commissioo Expires 0cl27, 2007 Member, Pennsylvania Association Of Notaries ~ -m.~etp1/\ Notary Publ c My Commission Expires: COMMONWEALTH OF ~yl Vo...t'\W- COUNTY oil)wphl'n '1\ ;:,1- f'\_.L ~ - On the a.L day of ~~ . 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Kurt Robert Steward, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. :SS. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAl APRil M FUGATE Notary Public CITY Of HARRIS8URG,DAUPHIN COUNlY My Commlsalon Expire. Mar 30, 2008 Notary Public My Commission Expires: 11 t-; , r-<) , > (.") -n :-:! f~i;-~ <.:D p; f"'-,) '0.,..;' .":J .......:. . TAMAR H. STEWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-4769-CIVIL KURTR. STEWARD, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: October 29, 2004 (b) Manner of service: by Acceptance of Service by Defendant's Counsel. Affidavit of Service filed: Simultaneously with this document. 3. Date of execution of the Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: (a) By the Plaintiff: November 14,2005 Filed: Simultaneously with this document. (b) By the Defendantt October 31, 2005 Filed: Simultaneously with this document. ~ 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Recordt (a) By the Plaintiff: November 14, 2005 Filed: Simultaneously with this document. (b) By the Defendant: October 3 I, 2005 Filed: Simultaneously with this document. 5. Related claims pending: NONE DATED: \\j \ \.0 /,~,:> ~l( Joanne Harrison Clough, E qu e Attorney ID No. 36461 24 N. 32"d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff - C0 \....:, r"':' .:..J' :-:~ i::-; d <. L\Client Directory\Steward-k\discovery\Hs Response to Ws RPDs wpd October 28, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Defendant's Responses to Plaintiffs First Request for Production of Documents by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Joanne Harrison Clough, Esquire 24 N. 32nd Street Camp Hill, PA 17011 MARIA P. COGNETTI & ASSOCIATES Date: October 29,2004 ~ By: MARIA . COG TI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant c> -c": c:' .\~! p.-"; (,) TAMAR H. STEWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4769-CIVIL KURT R. STEWARD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 or upon filing of my Waiver of the Notice ofIntention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming finaL 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. Date: /1 /fLj/06 , ,1aiW1tU ;J~ad- TAMAR H. STEWARD C) ::;J ,...r, '~'".' f< t~<) C" TAMAR H. STEWARD Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA vs. :NO. 04-4769-CIVIL KURT R. STEWARD, Defendant :CIVIL ACTION :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I, 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. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATE: /1//'1/05 ~1 wvv1 elL J/, 5tJtJcUI TAMARH. STEWARD r__:J ':"" <;..;) c:; (',) p...} U', MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney J.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 A ttom!"')'!;: for npfpnrhmt TAMAR H. STEWARD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04-4769-CNIL KURT R. STEWARD Defendant CNIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before the 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.C.S. 94904 relating to unsworn falsification to authorities. Date: IUf31/0S- ~ ~ J AN' f\ K R. Steward ~"._) C) C ._.'l (";:", C:;l ":,,<"1 (j ...:;.;"../ --. ('n C~) c: P.J r.....) () MARIA P. COGNETTI & ASSOCIATES KRlSTOPHER T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 A ttnrnf>)'," fnr Dpfpnrhmt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TAMARH. STEWARD Plaintiff vs. NO.04-4769-CIVIL KURT R. STEWARD Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 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. 94904 relating to unsworn falsification to authorities. Date: 101 ?I(O c;' ?i< /Kurt R. Steward ~ ~~\ C\ ~--::,) -I, ,-"n ~) ill C:J G) r"L".i (), ".;'t' :+.:+.:+.:+. . . . . . . . . . .. . . . . . . . . . . . . . :+.:+. :+.:+.:+.:+.:+.:+::+.:+.:+. :+.:+. :+.:+. :+. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN NA. . . . . . . . . . . . . . . . . . . STATE OF TAMAR H. STEWARD, Plaintiff No. 04-4769 CIVIL VERSUS KURT R. STEWARD, CIVIL ACTION-LAW IN DIVORCE . . . . . . Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE NOW,~~ 'q ,..-- ~), IT IS ORDERED AND AND DECREED THAT TAMAR H. STEWARD , PLAINTIFF, KURT R. STEWARD AND , 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; Wh.e. The Marital Settlement Agreement executed by the parties on . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . '+':+.:+.:+. Oct. 21, 2005 is this incorporated by refere~ce ~;~erged ///.:;;~ / cv.. with By THE COURT: ATTEST: J. PROTHONOTARY :+':+''4'''':+':+':+''' :+.:+.:+.;t: .. :+. :+.:+. :+':+':+'++"':+':+'+:+:+''4':+;t';t'+:+. :+.:+. ... '. . . . . , . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . .' ,n>-~ .,::~ 2 r(/?Y?? ,>771>#"1/1 t'{' _~ pv , ,/",Vl-, y.bp;izt/ .~ /fit7"'V:v ht?' FP . . . <II' ... .. ..5,~? [,. 'I ..'>(7. re .1/ } .It\\! ~ LlJUS { Tamar H. Steward Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CML ACTION - LAW Kurt R. Steward Defendant NO. 04-4769 QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the parties were married on May 5, 2000, and separated on April 9, 2004; and WHEREAS, this Court has personal jurisdiction over both parties and jurisdiction over the subject matter of this Order; and WHEREAS, this Order is entered pursuant to 23 Pa. C.S.A. ~3502 to enforce the marital rights of the Former Spouse; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order ("QDRO") as defined in Section S414(p) ofthe Internal Revenue Code of 1986, as amended (the "Code") and Section ~206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), which assigns certain benefits in the UGI Utilities, Inc. Savings Plan as specifically set forth in the Order; and WHEREAS, the parties have stipulated that the Court shall enter this Order; NOW it is ORDERED and ADJUDGED as follows: 1. As used in this Order, the following terms apply: (a) "Participant" shall mean Kurt R. Steward, whose current address is 7947 Moyer Road, Harrisburg, PA 17112, who was born on October 19, 1961, and whose Social Security number is 184-48-7664. (b) "Alternate Payee" shall mean Tamar H. Steward, whose last known mailing address is 24 N. 32'" Street, Camp Hill, P A 17011, who was born on December 25, 1951, and whose Social Security number is 230-74-7956. (c) "Plan" shall mean the UGI Utilities, Inc. Savings Plan, hereinafter referred to as the Savings Plan. (d) "Plan Administrator" shall mean The Retirement Committee of UGI Utilities, Inc., 100 Kachel Boulevard, Suite 400, P.O, Box 12677, Reading, PA 19612-2677. 2. Participant and Alternate Payee were married on May 5, 2000, and were separated on April 9, 2004. .. QDRO Page 2 3. Alternate Payee is awarded from the Plan as her sole and separate property $37,500 determined as of the date of distribution. The Alternate Payee's interest shall not exceed the full value of the Participant's interest in the Plan. Distribution shall be made pro rata from all of the Participant's investments in the Plan and all sources of investment funds. The balance of the funds in the Plan are to be the sole and separate property of the Participant. 4. The Plan shall distribute to the Alternate Payee her benefits (as designated in Section 3 of this 'Order), as soon as administratively feasible following the Plan Administrator's approval of this 'Order. 5. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account for her benefit. 6. The Alternate Payee's right to the amount assigned to her under this QDR'O shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the connencement of benefit payments to the Alternate Payee pursuant to this QDR'O, the Plan shall pay the remaining benefits under this QDR'O as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 7. The Alternate Payee shall not be treated as the Participant's spouse under the Plan. 8. All payments made pursuant to this 'Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 9. The Participant shall cause a certified copy of this 'Order to be served on the Plan Administrator for the Plan forthwith. This 'Order shall remain in effect until further order of this Court. 10. Nothing contained in this 'Order shall be construed to require the Plan or Plan Administrator: (a) To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant under the Plan; (b) To provide to the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDR'O before this 'Order is determined by the Plan Administrator to be a QDR'O. . : QDOO Page 3 11. In the event the Plan Administrator ofthe Plan does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan Administrator. 12. The Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish or maintain its qualification as a QDRO or to amend this Order for other reasons, provided, however, that neither this Order or any subsequent revision, modification, or amendment shall require the Plan to provide any form or amount of benefits not otherwise provided by the Plan. Accepted and Ordered this ~ \- . , > day of ---b ,~ '1l BY THE COURT j \.... ~ 1e:- Judge . ,,...- Date " Attorney for Defendant I ?}/)06 /L \-\C, -Q~ Date ~ Z 1- a ~\J:/ ,.)c cc.( ~{::>\5. 00.- ","Ie- ft':'t .-- CI- a r:P -- <!> .-.- ~- ;J...- -- I c? \..>-' u- <~'(t. :>'0\ o ""Q C" c-' c-> ,,----- -