Loading...
HomeMy WebLinkAbout04-5669 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEELY D. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(/. $'"'(.. t., 1 CIVIL TERM CIVIL ACTION - LAW v. EDWARD F. SMITH, IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEELY D. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 Y - ~n~(; 1 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. EDWARD F. SMITH, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Keely D. Smith, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Edward F. Smith: 1. The Plaintiff is Keely D. Smith, an adult individual, residing at 133 W. Locust Street, Apt. 108, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff's Social Security Number is 194-44-7888. 2. The Defendant is Edward F. Smith, an adult individual, residing at 2112 Clarke Pointe Drive, Crestwood, Oldham County, Kentucky 40014. Defendant's Social Security Number is 162-62-4910. 3. The Plaintiff and Defendant were married on March 5, 1993, in Frederick, Maryland. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties separated on or about May 11, 2003. 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce. COUNT /1- EQUITABLE DISTRIBUTION 10. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 12. The parties may but have not yet entered agreements for the resolution of their divorce and equitable distribution. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNSON, DUFFIE, STEWART & WEIDNER By: '-d~Q~ 8r~ :237165 VERIFICA TION I, Keely D. Smith, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~4904, relating to unsworn falsification to authorities. Date: IO{;lCi\ f) L.( U/Jl~ .......~Iy'D. Smith . . Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEELY D. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 l.! - ')(.c ~ 1 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. EDWARD F. SMITH, Defendant AFFIDA VIT KEEL YD. SMITH, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I . participate in counseling prior to a divoice decree being handed down by the court. 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: ((> J ~ \ g~ ~\),~ ,-, Kee1y D. Smith r~ ....... - tv ~ CYJ ...... ...:: ~ ; " .., r N ~ -0 ~ 0 ~ '8 d t f) ~ w \,)., ~ 0<) r,:" ( :~:, 'c' , r )., S~;.; ~~.~ -< F'2 t~'":' .(;:':'J 1;;.:;;; _c..... (' , ~i I ~.~:~ ~ \..../ r,-' ..;" -' ~.. <"::l) ',".. C'.) c:; :J) Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LO. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5669 CIVIL TERM KEELY D. SMITH, v. EDWARD F, SMITH, CIVIL ACTION - LAW IN DIVORCE Defendant PRAECIPE TO REINSTA TE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Divorce Complaint filed on November 12, 2004 in the above. captioned aclion. 4/&1(~ . Melissa Peel Greevy Date: :248202 ,.., c-.o> ~ c.::::J .;...>""\ ",. -I --v :c>) :;:J,) rnf':;:; I ~t] 1'>1 --J :(ly '~3;-:;:; ::~ ':~~~l ~~ r-.' "C"~ -'. c;i (ll \,C,.l '< Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEELY D. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5669 CIVIL TERM v. CIVIL ACTION - LAW EDWARD F. SMITH, IN DIVORCE Defendant PRAECIPE TO REINSTA TE COMPLAINT TO THE PROTHONOTARY: Kindly reinslate the Divorce Complaint filed on November 12, 2004 in the above. captioned action. Date: ~~()~5 :248202 -r; :.--) Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5669 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE KEELY D. SMITH, v, EDWARD F. SMITH, Defendant ACCEPTANCE OF SERVICE I, Edward F. Smith, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on November 12, 2004 by the Plaintiff in the above-captioned divorce action. I received the Complaint on November ~004. by certified restricte livery U.S. Mail. sir t~ Dale: :237165-7 C) c- f~--:' (J-; '''' c~) ~ (:) -'1 U: TIf 7U, 0 If- S(, (,? MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this !SIk..dayof Ar ' 2006, by and between KEELY D. SMITH, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", -AN D- EDWARD F. SMITH, now of Crestwood, Oldham County, Kentucky, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 5, 1993, in Frederick, Maryland, and there having been no children of this marriage; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties have been living separate and apart since May 13, 2003, and they intend to live separate and apart from one another hereafter, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responSibilities and rights growing out of the marriage relationship; and WHEREAS, the provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of MELISSA PEEL GREEVY, ESQUIRE, as her attorney, The Husband has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. 2. FINANCIAL DISCLOSURE AND THE USE OF THE COLLABORATIVE PROCESS. After consultation with their respective counsel regarding the options for use of legal services in divorce, the parties elected to use a collaborative law process to make the decisions necessary under the circumstances. Prior to commencing negotiations, the parties waived formal discovery unless they agreed otherwise, The collaborative law partiCipation agreement under which the parties operated required the parties to commit to full and fair disclosure of all assets, incomes, debts and other information needed for full and complete settlement. Each party had the opportunity to request information, and each received copies of any documents requested including, but not limited to, statements regarding investment, retirement, checking and savings accounts, deeds and real estate settlement sheets. Neither party wishes to make -2- or append hereto any further enumeration or statement. As a result of the documents exchanged and the disclosure process, each party acknowledges that he or she is sufficiently familiar with the assets and income of the other to make an informed decision regarding the content of this agreement. Each party warrants that he/she Is not aware of any marital asset which Is not identified in 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 property valued by means of appraisals or otherwise, In arriving at the agreements set forth in this Marital Settlement Agreement, Husband and Wife have applied their individual standards of reasonableness and acceptability, The conclusions they have reached are based in part on their respect and regard for each other. From time to time, in order to measure the appropriateness of their conclusions, the parties have considered what might happen if the matter were adjudicated in court, but they have elected to make their final agreement without regard to whether a court might have adjudicated issues in the same manner as they have agreed here, Husband Wife represented to one another throughout the collaborative law process that their negotiations were in good faith and that each had fully and completely disclosed all financial Information necessary or requested In order to resolve the parties' property and support rights fairly. By their signature on this Agreement, they reaffirm those representations, upon which each of them has relied in making this Agreement. The parties acknowledge that no independent investigation has been made by their collaborative lawyers of the character or of the value of the parties' property, or the extent of debt or amount of income of the parties, other than an Inspection of income tax returns and the documents VOluntarily provided by the parties. The parties have instructed counsel that they desire to make this Agreement without any further independent investigation by counsel. The parties understand and acknowledge that they are relying on mutual disclosures made in making this agreement and that they are not relying on their counsel for any independent verifications of the accuracy or completeness of these disclosures. Each party retains the right -3- to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to, a claim of constructive trust. 3. SUBSEOUENT DIVORCE. The parties hereby agree that Wife has filed a Complaint in Divorce in The Court Of Common Pleas of Cumberland County, Pennsylvania, docketed to No, 04-5669 CIVIL TERM, claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute contemporaneously with the execution of this Agreement any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. Wife shall direct her counsel to file all such documents, together with a Praecipe To Transmit Record and proposed Decree In Divorce to the Court for entry of the Divorce Decree as soon as practicable. The parties hereby waive all rights to request Court.ordered counseling under the Divorce Code. Neither party to such action shall seek alimony, alimony oendente lite, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, -4- judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter, It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option of the aggrieved party, by a suit against the alleged breaching party either in law or in equity, 4. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed 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. 5. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that 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 in his individual name at any time. Wife represents and warrants to Husband that 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 she 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 in her individual name at any time, Except as may be otherwise specifically set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his or her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of such debts or obligations, The parties acknowledge that -5- all joint credit card accounts or other credit accounts of any nature have been closed and satisfied, with the exceptions of the mortgage securing the marital residence and the car loans referenced hereinafter, 6. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as 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; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any proviSion hereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 7. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto -6- mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties agree that each shall be and remain the sole and separate owner of any tangible personal property as is currently in his/her respective possession, and each hereby releases and relinquishes any right, title or interest in the tangible personal property now in the possession of the other party, Should it become necessary. the parties each agree to sign upon request any titles or documents necessary to give effect to this paragraph, 8. MARITAL RESIDENCE. The parties acknowledge that they are the joint owners of a marital residence situate at 2112 Clarke Pointe Drive, Crestwood, Oldham County, Kentucky, which is encumbered by a mortgage held by Wells Fargo. Husband has been residing in the said residence since the parties separated on or about May 13, 2003. The said residence is currently listed for sale, and it is the express intent of the parties to sell the property as soon as practicable upon reasonable terms and conditions. Pending the sale of the said residence, Husband shall assume as his sole obligation all of the expenses incident to the use ofthe said marital home, without limitation, any and all mortgage payments, taxes, liability and fire insurance premiums, utilities, sewer, water, refuse collections, assessments, and routine maintenance and repairs. Husband shall indemnify and save Wife harmless from any such liabilities, obligations or expenses or any claims or demands thereof. The parties also acknowledge that they have agreed to share equally in the cost of certain repairs and improvements to the marital residence in order to prepare it for sale, Husband shall, following consultation with Wife, either personally perform the following repairs/improvements or make arrangements for them to be performed by contractors: . " a, Repair of wood damage around garage entry door and replacement of door. b. Repair or replacement of damaged/warped decking. -7. c, Repair of kitchen floor seam, d. Painting of walls, trim and doors in the kitchen, foyer, great room, breakfast room, master bedroom, master bath, hall, and guest bathroom. e. Replacement of insulation around basement faucet and replacement of exterior fa ucet. 1. Installation of additional electrical outlet for water softener. g. Re-grading of backyard, if required. h. Staining of deck, I. Painting and caulking of outside doors for deck and basement. j. Stretching of carpet. k, Repair or replacement of GFCI outlet on back of house at deck, I. Repair of caulking on flashing on brick wall over garage, m. Repair of leak in master bath shower drain. n. Venting of bathroom exhaust fans to outside. Husband shall pay the cost of the foregoing repairs initially, but shall be reimbursed in full from the proceeds from the sale of the marital residence prior to distribution of the net proceeds as set forth hereinafter in Paragraph 9. In the event that there are any additional repairs or improvements required prior to the sale of the home, which are not covered by the Homeowners' Warranty purchased by the parties and which cost in excess of $100, except in the event of an emergency, the parties shall first consult with one another to reach agreement about what action should be taken. Husband shall also pay the cost of such additional repairs initially, but shall be reimbursed in full from the proceeds from the sale ofthe marital residence prior to distribution of the net proceeds as set forth hereinafter in Paragraph 9, 9. DISTRIBUTION OF NET HOUSE SALE PROCEEDS AND OTHER CASH ASSETS, -8- The parties agree to equally divide their cash assets, consisting of the net proceeds of the sale of the marital residence (after payment of real estate commissions and all closing costs and reimbursement to Husband for repairs as set forth above), the date of separation balance in the joint BB&T Savings Account ($913.67), and the date of separation balance in the joint BB& T Checking Account ($8,279.45). The parties acknowledge that Wife has received the sum of $6,000.00 to date and Husband has received the sum of $3,193,12 to date from the distribution of the BB& T Checking and Savings Accounts. Upon sale of the marital residence, Husband shall first receive the additional sum of $2,806.88 in order to equalize the BB&T account cash distributions, and the balance of the net proceeds will then be equally divided between the parties. Except as set forth herein, each party shall retain as his or her sole and separate property, free and clear from any claim, right, title or interest on the part of the other, any bank or depository accounts or cash assets of any nature, now in his or her respective individual name. 10. VEHICLES. Wife shall retain possession and ownership of the 2002 Volkswagen Passat, free and clear of any claim, right, title or interest in said vehicle on the part of Husband. Wife shall assume sole responsibility for payment of the remaining balance due on the Volkswagen Credit car loan securing this vehicle, and she will indemnify and save Husband harmless from any liability or obligation thereon, Husband shall retain possession and ownership ofthe 2001 Toyota Highlander, free and clear of any claim, right, title or interest in said vehicle on the part of Wife. Husband shall assume sole responsibility for payment of the remaining balance due on the Toyota Credit car loan securing this vehicle, and he will indemnify and save Wife harmless from any liability or obligation thereon. 11. LIFE INSURANCE. The parties shall each retain as his or her separate property .9- any policies of life insurance of which he or she is now the owner and shall be free to designate any beneficiary of his/her choice, 12. DISTRIBUTION OF STOCK. The parties agree that Wife is the owner of 59.861 shares of Wal-Mart stock and that Husband is the owner of 2,283 shares of UPS stock acquired as of the separation of the parties on May 13, 2003, both of which are marital property, It is the intent of the parties that Wife shall receive a distribution in kind of such stock equal to 55% of the total marital stock value, and that Husband shall receive a distribution in kind of such stock equal to 45% of the total marital stock value, with all stock being valued at closing on May 15, 2006, Wife shall retain all shares of the Wal-Mart stock as her sole and separate property, and Husband hereby releases any claim thereto, In addition, Husband shall transfer to Wife in kind such number of shares of UPS stock necessary to provide Wife with total stock holdings equal to 55% of the total marital stock value, Wife shall receive a pro rata portion of each lot of UPS stock acquired on or before May 13, 2003, so that each party has the same per-share tax basis for the marital shares of stock received, Husband shall then retain as his sole and separate property the balance of the UPS stock, including all additional shares acquired since May 13, 2003, and Wife hereby releases any claim thereto. 12. DISTRIBUTION OF HUSBAND'S UPS RETIREMENT PLAN. The parties acknowledge that Husband is a participant in the UPS Retirement Plan as a result of his employment with UPS since July, 1992. Husband shall retain any and all benefits to which he is now or may hereafter become entitled as a participant in said defined benefit retirement plan, and Wife hereby waives and relinquishes any right, title, interest or claim therein, Contemporaneously with the execution of this Agreement or promptly upon subsequent request, Wife shall execute any additional waivers or other documents that may be required by the UPS Retirement Plan administrator to effectuate the provisions of this paragraph and to waive any claims she may now or hereafter have in the said plan. -10- 13. DISTRIBUTION OF HUSBAND'S UPS SAVINGS PLAN AND UPS OUALlFIED STOCK OWNERSHIP PLAN. The parties acknowledge that Husband is a participant in both the UPS Savings Plan and the UPS Qualified Stock Ownership Plan and that the value of the marital portion of his account balances in said plans for purposes of marital property distribution are $31,015.46 and $13,326,85 respectively, based on the balances in said accounts at the separation of the parties on May 13, 2003. Wife shall receive distribution of the sum of $17,058,50 from the UPS Savings Plan account and the sum of $7,329.77 from the UPS Qualified Stock Ownership Plan account. Said distributions shall be accomplished by means of Qualified Domestic Relations Orders ("QDRO's") to be prepared as soon as practicable by Husband's counselor at Husband's expense, and the parties shall cooperate in all necessary respects to obtain the entry of such QDRO's and approval by the appropriate plan administrators as soon practicable hereafter. Husband shall retain as his sole and separate property any remaining balance in the UPS Savings Plan and UPS Qualified Stock Ownership Plan accounts after distribution to Wife as set forth herein, including all additional sums as have been accumulated since May 13, 2003, 14. TAXES. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage and that both have been employed solely as W-2 wage earners throughout the marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, such additional liability shall be divided equally between the parties, The parties shall file separate tax returns for 2005, Each party will retain any refund on his/her separate returns and shall pay any liability due on such separate returns. 15. METHOD OF RESOLUTION FOR FUTURE ISSUES. It is possible that in the future Husband and Wife may have disagreements with one another concerning the interpretation of this Agreement and the resulting decree based on the Agreement. In keeping -11- with their decision to utilize the Collaborative Law process for resolution of the issues set forth in this Agreement, the parties wish to not resort to any court before reasonable non-court alternatives have first been attempted to resolve any future issues. They have agreed that it is in their best interests to try to resolve informally any disputes that may arise in the future as set forth below, except in the case of urgent or emergency situations which would reasonably prevent such resolutions or make them impracticable, and they agree that they will seek resolution by the following steps: (a.) The parties first will attempt in good faith to confer with one another directly in an attempt to come to a fair and amicable resolution of any issue, (b.) If that is unsuccessful, then, as the second step, the parties agree to each retain collaborative counsel and reconvene the collaborative process pursuant to the Collaborative Participation Agreement previously signed by Husband and Wife and counsel in this proceeding, a copy of which is attached hereto marked as Exhibit "A" and incorporated herein by reference, (c.) If there is no resolution after these steps have been taken in good faith, either party may commence contested court proceedings. 16. ADDITIONAL INSTRUMENTS. Each ofthe parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents as may be reasonably required to give full force and effect to the provisions of this Agreement, 17. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. -12- . , 18. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 19. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations ofthe parties, 20. INDEPENDENT SEPARATE COVENANTS. 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 agreement. 21. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of 15 days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, -13- 23. 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. 24. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, adm inistrators, successors and assigns, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~o.~ KEELY D. MITH Ctfrfg EDWARD F. SMITH (SEAL) (SEAL) -14- COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN On this IJfk.. day of ~ ' 2006, before me, the undersigned officer, personally appeared KEELY D, SMITH and EDWARD F, SMITH, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Agreement, and acknowledged that they executed the same for the purposes therein contained. d#a Notary Public NW'" r:rH OF PIlNNSYLVANIA Notarial Seal ,,~ P. Stunt, Notary Public u:~~hanna Twp.. Dauphin Counly .ft, ....."mlsslon Expires Oct. 20, 2009 0 r-> 0 = c c::;:. -n ,-"... cr-. :"... :3: ~:n v G'; n"1 I ! ,,~ ~ -< r- - ::~~ :~': .- Ul -' "C~< ,... -< ~:':l() f~~ '" :1:: -T, ."\J -n f1tQ () ;;;c.;;: -~,. ',~ ,_.1 N Orn -~ z 20 _~:J -< .c;- -< -. . . Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEELY D. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5669 CIVIL TERM v. CIVIL ACTION - LAW EDWARD F. SMITH, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: November 20, 2004 Acceptance of Service which was filed August 5, 2005 3. Complete either Paragraph A or B A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff May 15, 2006; by the Defendant May 15, 2006. B. (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant: . 4. Related claims pending: The Marital Settlement Agreement dated May 15, 2006, shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa. C.S. ~31 05. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on May 15, 2006, and filed concurrently herewith. Waiver of Notice signed by Defendant on May 15, 2006, and filed concurrently herewith. :275440 Enclosures STEWART & WEIDNER B' () '" C:;:) 0 C <'"-'> "'T1 :f:,' "'"' "'t7(1": ::r.: :r! ("nf'" :::- m~ ""7'..., -< "'-. zi if!"\ ()) , -.J ~t ? r.:~f r'-'\ ~C) ).>1.' ""0 ", ~" ::-- -r: ~("'- ::t: ;2('-: p.C'~' ':::"[1"\ N 0 2.: 35 .:< Ul -< Constance P. Brunt. Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Llnglestown Road Harrisburg, PA 17110 (717) 232.7200 cDbruntftcDbruntlaw.com KEELY D. SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW EDWARD F. SMITH, NO. 04-5669 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 ( c) of the Divorce Code was filed on November 12,2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree In Divorce after service of notice of intention to request entry of the decree, . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, S4904 relating to unsworn falsification to authorities. DATE: s!t6Io~ mlL-o EDWARD F, SMITH, Defendant (") ....., 0 = c: = "71 s: "" -o1:C; ::x :t q](i: ;p,. nl:::!J ....,- -< r- -om 0) ~f) C) -.J ,.. 1 r;: 1~ ':-)(1 '"1:J (~~jj 1~ f:~ ~. .... '-0 r:i' z:Srn -.... > ~- =< :n 1'0 -< - . Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Profe.slonal Center 1820 Lln91estown Road Hsrrlsburg, PA 17110 (717) 232.7200 cDbrunt@ccbruntlaw.com KEELY D. SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW EDWARD F. SMITH, NO. 04-5669 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 1 (c) of the Divorce Code was filed on November 12,2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal Decree In Divorce after service of notice of intention to request entry of the decree, .. . I verify that the statements made in this affidavit are true and correct. I understand that faIse statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: 5"-/5 -D/P ~.~ KEELY, SMITH, Plaintiff ~;t " \ ~ ]~~ .~~. <t> " - Constance P. Brunt, Esquire Supreme Court 10 1129933 Beaufort Profe..lonal Center 1820 L1ngleslown Road Harrisburg, PA 17110 (717) 232.7200 cDbrun<<B>.cD~runtlaw.com KEELY D. SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW EDWARD F. SMITH, NO. 04-5669 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) AND ~3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In 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, ~4904 relating to unsworn falsification to authorities. DATE: 5" .('5 -010 ~1 ~. &w::t:L KEEL . SMITH, Plaintiff (") <;; "'U 6~ M"lrl' ....?.t 7\;': en:, '< r- '< ':;;:', . ::Z{~;) ~c z :< '"'" = = en :x ;;> -< o ,., ~~ -om :rJ:Y 0, C) ~:r:~i <;;;(') 011'1 -< :?o -< -.l -0 ::ij; N .. N . - . Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort ProfessIonal Center 1820 Llngle.town Road Harrlaburg, PA 17110 (717) 232.7200 cpbrunt@cDbruntlaw,com KEELY D. SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW EDWARD F. SMITH, NO. 04-5669 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) AND ~3301!D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In 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. ~4904 relating to unsworn falsification to authorities. DATE: S /5/01,0 , ur~~ EDWARD F. SMITH, Defendant 0 "" ~ = c: = ~. <:Y' -ot.':':) :::It ~ rnn ;po m-n Z.",L" -< F' ~;~.;' -em -l :""6 '--) \ ~c -u ~'''l;' ~,. ,,' (:)::0 - , :x: ?: th., >--:>,,(; >'E: ~ 6'" -;.... ~ :3 ~ , w ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~~~ ~ ~ ~~~ ~ ~~~~~~ ~ ~ ~ IN THE COURT OF COMMON PLEAS : ~ OFCUMBERLANDCOUNTY STATE OF PENNA. ~ ~ KEELY D. SMITH, "" "" "" "" "" "" "" ,.,~ ~ No. 04-5669 CNIL TE~ Plaintiff VERSUS EDWARD F. SMI'IH, Defendant DECREE IN DIVORCE AND NOW,~ 'l...~ 2006 , IT IS ORDERED AND DECREED THAT KEELY D. SMI'IH , PLAI NTI FF, AND EDWARD F. SMITH , 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; V ()\\.I(.. This Marital Settlement Agreement dated May 15, 2006, shall be incorporated, this Decree of Divorce and is enforceable as an Order in 23 Pa. C.S. J. PROTHONOTARY ~ ""~~ "" "" ~ ~:f.:f. :f.~ ~:+: ~"" ~ ~"" :of.:f.:+::f. :f.:f.:f. ~ ~nf. ~:ti '" '" ~ '" '" '" [t; '" [t; [t; '" '" [t; [t; [t; [t; [t; ~ ~ '" ~ ~ ~ ~ ~ -~~ ~ ~~}t, o/O.1/~F ~-Rr- ~ P ~ ~ - ~ -~ t7J(/o 1(-? " .,. _. ~. ;~ ~ ,. '. ;. I .,. ... .. .-, . ~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KEELY D. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5669 v. CIVIL ACTION - LAW EDWARD F. SMITH, IN DIVORCE Defendant MOTION FOR ENTRY OF A QUALIFIED DOMESTIC RELA TIONS ORDER UPON STIPULATION OF THE PARTIES AND NOW, comes Keely M. Smith, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order for the entry of a Qualified Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". The undersigned counsel represents that Defendant's counsel concurs with this Motion. Respectfully submitted, Date: January 3, 2007 FIE, Z:::=:NER Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :289292 CERTIFICA TE OF SERVICE AND NOW, this ~ day of January, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg PA 17110 ~HNW::J S~ART & WEIDNER Melissa Peel Greevy 0 ~ ~ c:::::> c: <.::J s: --' -on.1 <- ~ ITl/:, :Po- ~;; Z:-.r~ :z: ?Q ~;;i I .J:'" f56 r~() ;:1-r :P.-. .." o:ii ~"~-~I :x ZO pC dm c:: Cd 2~ ?E -; r- ....;: U) =< JAN 0 8 2007 '2r Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 cpbrunt(1i!CPBruntLaw.com KEELY D. SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW EDWARD F. SMITH, NO. 04-5669 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of ~, 2001, upon consent and agreement of the parties herein, IT IS HEREBY ORDERED AND DECREED as follows: 1. The parties hereto were formerly husband and wife, having been married on March 5, 1993, and divorced by Final Decree of this Court dated May 24,2006, docketed to the above-captioned term and number. 2. EDWARD F. SMITH, hereinafter referred to as "Participant", resides at 3331 Ridge Brook Circle, Louisville, Kentucky 40245. 3. KEELY D. SMITH, hereinafter referred to as "Alternate Payee"resides at 133 W. Locust Street, Apt. 108, Mechanicsburg, Pennsylvania 17055. l . . The Alternate Payee shall be responsible for maintaining a current mailing address on file at all times with the Plan Administrator identified herein. 4. Participant is employed by United Parcel Service ("UPS"), and is a participant in the UPS Savings Plan (the "Savings Plan") and the UPS Qualified Stock Ownership Plan (the "QSOP"), which are defined contribution retirement plans qualified under 3401 (a) of the Internal Revenue Code of 1986, as amended (hereinafter lithe Code") and which are collectively referred to hereinafter as the "Plan" or "Plans". The plan administrator of the Plans is the Administrative Committee for the UPS Savings Plan and the UPS Qualified Stock Ownership Plan. Further, any successor plan to the Plans or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. With regard to any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the participant's employer, where liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plans, this Plan shall also be subject to the terms of this Order. 5. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") 3401 (a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code 3414(p). The Court enters this QDRO pursuant to its authority under the 23 Pa.C.S. 33502. 6. There are no other alternate payees under a previously existing Qualified Domestic Relations Order. -2- 7. The Alternate Payee shall be entitled to receive an amount which is equal to 27.45 % of the Participant's aggregate vested account balances under both the Savings Plan and the QSOP, determined as of May 15,2006, as if the Participant separated from service on that date. This amount shall be satisfied by transferring a proportionate amount from each Plan, as of the date a separate account is established for the Alternate Payee. The amounts awarded to the Alternate Payee shall be credited or debited with investment gains and losses, as well as a proportionate share of any administrative expenses, from May 15, 2006, through the date said amounts are distributed to the Alternate Payee. Investment gains and losses, as well as administrative expenses, shall be calculated in accordance with the terms of the Plans. 8. The parties acknowledge that amounts awarded to the Alternate Payee under the Savings Plan will be taken from the Participant's accounts under the Plan in the following order. Amounts will be taken first, on a pro rata basis, from those investment funds known as the "Core Funds." To the extent the Core Funds are insufficient to satisfy the amount awarded to the Alternate Payee under the Savings Plan, and the Participant maintains a Self Managed Account (an "SMA") under the Savings Plan, the remainder of the Alternate Payee's award will be taken from the Participant's SMA. The Participant acknowledges and understands that the Plan will liquidate the individual investments held in said SMA, on a pro rata basis, to the extent necessary to satisfy the award to the Alternate Payee, unless within 2 weeks of the date that the Order is determined by the Plan to be a qualified domestic relations order, the Participant transfers the amount from the SMA to the Core Funds which will be sufficient to satisfy the amount awarded to the Alternate Payee. 9. Any remaining portion of the Participant's accounts in the Plans shall remain in the Participant's accounts. Contributions to the Participant's .3. . ' accounts under the Plans after the date referred to in Paragraph 7 of this Order shall belong to the Participant alone and shall not be subject to division or distribution pursuant to this Order. 10. The amounts awarded hereunder shall be paid to the Alternate Payee in any form of benefit available under the Plans, as soon as practicable following the date this Order is determined by the Plan to be a Qualified Domestic Relations Order (within the meaning of Section 206(d) of ERISA). - 11. If the Alternate Payee should die prior to distribution of her awarded amounts, said amounts shall be paid in accordance with the terms of the Plan. 12. Alternate Payee shall be responsible for payment of any and all taxes due as a result of distribution of any benefits assigned to her pursuant to the terms of this Order. 13. It is intended that this Order shall qualify as a Qualified Domestic Relations Order under Section 206(d)(3) of ERISA, and shall be administered and interpreted in conformity with such Act. This Order does not require the Plan to provide any type or form of benefit or any option not otherwise provided to the Partidpant under the Plans. This Order further does not require the Plan to provide increased benefits (determined on the basis of actuarial value) and does not require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another Order previously determined by the Plan to be a Qualified Domestic Relations Order. IT IS FURTHER ORDERED that a true copy of this Order, as entered, shall be served upon the Plan Administrator and shall remain in effect until further Order of this -4- Court. This Court shall retain jurisdiction to modify this Order, if necessary or appropriate, in order for it to constitute such a Qualified Domestic Relations Order, but no amendment of this Order shall require the Plan to provide any form of benefit or option unavailable pursuant to the terms of the Plan. The Court reserves jurisdiction to maintain or enforce the intent of the parties and to enter and enforce subsequent orders to enforce the award of benefits to the Alternate Payee. J. Consented to: L - r{2,; ~k! EDWA D F. SMITH Defendant and Participant DATED: 1&!If(/r.'h /'" /)/) (~~illlf CONSTANCE P. BRUNT, ESQUIRE Counsel for Defendant and Participant DATED: 1'1(12/[+ ~f)( ,1--il1 ~ v )(\i\.JJ--~~ KEELY D. SMITH Plaintiff and Alternate Payee wQ 7 MELISSA PEEL GREEVY, ESQUIRE Counsel for Plaintiff and Alternate Payee DATED: /2 '50/; DATED: [) / ~ ~O io -5- c-.,-.. , - ~2 ',,",,;.- ..of..... .f~ tD ::1': ;l:i..'- ~ r-. C7':) (~.::~ C'>o.J