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HomeMy WebLinkAbout02-0907JEANNETTE M. COLLEGE, Plaintiff vs. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.6..2-(707 IN DIVORCE CIVIL ACTION - LAW 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 Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JEANNETTE M. COLLEGE, Plaintiff vs. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa - 90'7 IN DIVORCE CIVIL ACTION - LAW COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Jeannette M. College, by her attorneys, Purcell, Krug & Haller, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jeannette M. College, an adult individual who current address is One Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Glen E. College, an adult individual whose current address is One Ovis Drive, Mechanicsburg, Cumberand County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six ?6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 3, 1981 in Tampa, Florida. 5. There have been no prior actions in divorce or annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. The Social Security Number of the Plaintiff is 262-84-1264 and the Social Security Number of the Defendant is 207-34-6816. 9. The marriage is irretrievably broken and/or the Defendant has offered the Plaintiff, the injured and innocent spouse, such indignities as to render her condition intolerable and life burdensome. 10. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 11. Plaintiff requests the Court to enter a Decree in Divorce. 2 COUNT I - EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth at length. 13. Both parties are owners of real estate, in addition to personal property located therein. Both parties further own intangible and tangible property. COUNT II - ALIMONY 14. Plaintiff incorporates herein by reference paragraphs 1 through 11 as if set forth at length. 15. Plaintiff lacks sufficient funds to provide for her reasonable needs and is unable to support herself through appropriate employment. COUNT III CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 16. Plaintiff incorporates herein by reference paragraphs 1 through 11 as if set forth at length. 3 17. Plaintiff does not have sufficient funds for herself or to pay counsel fees and expenses incidental to this action necessary to prosecute the same. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: (a) Dissolving the marriage between the Plaintiff and Defendant; (b) Equitably distributing all property, both personal and real, owned by the parties; (c) Ordering alimony, alimony pendente lite, counsel fees and expenses necessary for the Plaintiff to adequately prosecute this case; (d) Such further relief as the Court may deem equitable and just. Respectfully submitted, PURCELL, By Jo . Pu Jr., Esquire ID 9955 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 4 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Dated: ?JEANNETTE M. COLLEGE ?ff R _Vo V ?I 1 ` D Q c on ?._ J ? ?J Q? f1 `J 0 r r- ` j. ,.j , L _y c H Nc D w U ? W O z H H O w ^ A W N o P-4 0 O q-4 u ro w -H z 6 u PH 1 b H z E-A W 6 ? a -H C ^ a Cw7 W H z u m O O 1 H w 61 H U O A a "? a H W a O s O c P 0 w w w x w z E -I H A z w H u zU H in C7 NM' 951 L9• A%591 L9. 19 E9 I L9- d9-Z91 L9 ON "HOd 00 AlddO51VO3131V1S-1w JEANNETTE M. COLLEGE, Plaintiff VS. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-907 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I, Melissa L. Van Eck, Esquire, the undersigned, hereby accepts service ofthe Complaint in Divorce, containing Notice to Defend and Claim Rights filed in the above-captioned matter, on behalf of my client, Glen E. College, the Defendant, and furthermore, enter my appearance on behalf of the Defendant in the above- captioned matter. Dated: a -0 ?fl - 0.2 Respectfully submitted, Melissa L. Van Eck, Esquire Metzger, Wichersham 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Defendant (bas\docsUR MISC\Van Eck accept of service) C G M3 7 m rn Z ' ?G N i ? p cn -< JEANNETTE M. COLLEGE, Plaintiff VS. GLEN E. COLLEGE, Defendant TO THE PROTHONOTARY: IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-907 CIVIL TERM CIVIL ACTION.-LAW IN DIVORCE PRAECIPE Please withdraw claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses in the above captioned rnatter. PURCELL, KRUG & HALLER BY V Purcell, Jr. 955 rth Front Street urg, PA 17102 (717) 234-4178 Date: December 3, 2002 C-ri JEANNETTE M. COLLEGE, Plaintiff vs. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-907 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on February 21, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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: / 6 / -z--- eannette M. College J r ? . ua ?? Xr, JEANNETTE M. COLLEGE, Plaintiff vs. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-907 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on February 21, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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. zy Date: ?z7 Z " r, Glen E. College -Ul CU (T.' ,. C-) C-) L? -- rn 'v cr -G JEANNETTE M. COLLEGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-907 CIVIL TERM GLEN E. COLLEGE, Defendant : CIVIL ACTION-]LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section (X) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: February 26, 2002 Acceptance of Service by Attorney 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff. November 26, 2002 by Defendant: November 27, 2002 (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 Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: Economics claims withdrawn by Praecipe 5. (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: (b) Date of Plaintiff s Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously he CD ?. r..a _ Mr-,- Frl MARITAL SETTLEMENT AGREEMENT ,,_t THIS AGREEMENT, made this s ! day of 2002, by and between Glen E. College (hereinafter "Husband") of Harrisburg, Dauphin County, Pennsylvania, and Jeannette M. ',bf College (hereinafter "Wife") of Florida. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on October 3, 1981, in Tampa, Florida; and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Defendant and Plaintiff, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 02-907 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties Document #: 245024 acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each parry shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow'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 -2- Document #. 245024 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 other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 1 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence"). Said property was sold on March 29, 2002. The proceeds from the sale of the marital residence were divided equally. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 1995 Jeep Cherokee in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and -3- Document #: 245024 agrees to indemnify Wife therefor. Wife shall retain sole and exclusive ownership of the 1997 Geo Tracker in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. Husband and Wife agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles, and documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage, except as listed below: Account (a) Citizens Bank Credit Line (b) Citibank Credit Card Account ending in 4912 (c) Capital One Credit Card Account ending in 5157 (d) Capital One Credit Card Account ending in 0093 (e) Citibank Credit Card Account ending in 9953 (f) First USA Credit Card Account ending in 8381 (g) First USA Credit Card Account ending 3609 -4- Approximate Balance Due $ 15,000.00 $ 10,748.00 $ 10,775.00 $ 23,012.00 $ 12,450.00 $ 9,286.00 $ 6,550.00 Document #: 245024 (h) Petite Sophisticates/Casual Corner Credit Card (i) Gordon's Credit Card 0) Salley Mae Loan Husband agrees to assume the following marital debts: (a) Citizens Bank Credit Line (b) Citibank Credit Card Account ending in 4912 (c) Capital One Credit Card Account ending in 5157 (d) Capital One Credit Card Account ending in 0093 (e) Citibank Credit Card Account ending in 9953 (f) Salley Mae Loan Wife agrees to assume the following marital debts: (a) First USA Credit Card Account ending in 8381 (b) First USA Credit Card Account ending 3609 (c) Petite Sophisticates/Casual Corner Credit Card (d) Gordon's Credit Card -5- $ 1,698.00 $ 3,400.00 $ 8,784.00 $ 15,000.00 $ 10,748.00 $ 10,775.00 $ 23,012.00 $ 12,450.00 $ 8,784.00 $ 9,286.00 $ 6,550.00 $ 1,698.00 $ 3,400.00 Document #: 245024 Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS During the marriage, Husband acquired a retirement/pension/profit-sharing/401(k) plan with his employer, Tyco. The value of the account for equitable distribution purposes as of June 24, 2002, is $27,792.34. Wife is to receive the amount of Ten Thousand and 00/100 ($10,000.00) Dollars from this account through a Qualified Domestic Relations Order. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband agrees to pay Wife alimony in the amount of Five Hundred and 00/100 ($500.00) Dollars bi-weekly until death of either party or Wife's re-marriage. Modifications may also be -6- Document #: 245024 made upon change of employment status. Wife agrees to waive all arrears due her from back spousal support and will notify Domestic Relations of such a waiver. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 13. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 14. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and -7- Document #: 245024 voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 15. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 16. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 17. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 18. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. -8- Document #: 245024 19. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 20. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 21. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 22. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 23. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. -9- Document #: 245024 24. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 25. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 26. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: Glen E. College 45e1. College -10- Document #: 245024 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF On this, the /' day of 2?392, before me, the undersigned officer, personally appeared Glen E. College, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set rjqy-harnli official seal. ? S Notarial Seat Bonita E. Prussack, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 26.2005 MY -Commission Expires: Member. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF f"`'l On this, ;?! - day of y r ? `' 00 before me, the undersigned officer, personally appeared Jeannette M. College, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my Notarial Seat Bonita E. Prussack, Notary Put City of Harrisburt, oauphin Cot My Commission Expires Sept. 26, Member, Pennsylvania Association of N and official seal. Expires: Document #: 245024 rn ,. i c . c. _ ..[ X - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEANNETTE M. COLLEGE Plaintiff VERSUS GLEN E. COLLEGE Defendant NO. 02-907 Civil Term DECREE IN DIVORCE AND NOW, D-c-ces"a It 266 7-, IT IS ORDERED AND DECREED THAT Jeannette M. College AND Glen E. College ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; None The terms of the Separation and Property Settlemen Agreement between the parties dated November 21, 2002 is hereby incorporated as set forth at length but shall not merge in the final Divorce Decree between the parties. Any existing spousal support order shall hereinafter be deemed an order for alimony pendente lite if any economic claims remain pending. E A °??'-? ?? 2 ??? '??? moo- ?i - ?i ?. •• ? =', JEANNETTE M. COLLEGE, vs. GLEN E. COLLEGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA NO. 02-907 CIVIL TERM CIVIL ACTION-LAW Defendant : IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Plaintiff and Defendant in the subject matter of this Order pursuant to Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101 et. seq.; and WHEREAS, Plaintiff, Defendant and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in §206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and, WHEREAS, Plaintiff and Defendant have stipulated that the Court enter this Order. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Glen E. College, whose current address is 103 Hunter Ridge Drive, Harrisburg, PA 17110, who was born on March 1, 1944, whose Social Security Number is 207-346-6816. (b) "Alternate Payee" shall mean Jeannette M. College, whose current address is Reserve Apartments, 1899 Reserve Boulevard, Apartment 118, Building 16, Gulf Breeze, Florida 32663, who was born on December 3, 1944, and whose Social Security Number is 262-84-1264. (c) Plan" shall mean Tyco International (US), Inc. Retirement Savings and Investment Plan I. (d) "Plan Administrator" shall mean Tyco International (US), Inc. (e) "Valuation Date" shall mean December 11, 2002. 2. The Alternate Payee is the former spouse of the Participant. 3. The Participant and Alternate Payee were married on October 3, 1981 and were legally divorced on December 11, 2002. 4. The Alternate Payee's interest in the Plan shall be $10,000.00 as of the Valuation Date. 5. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 6. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 7. The Alternate Payee's award is entitled to earnings (dividends, interest, gain and loses) from the Valuation Date to the date that the award is segregated from the Participant's account. 8. In the event that there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 9. The Parties shall cause an original court certified or true copy of the Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further Order of this Court. 10. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type of form of benefit or option not otherwise available to the Participant under the Plan; or (b) to provide 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, which has been determined to be a QDRO, before this Order is determined to be a QDRO. Attorney for the PI eJohn W. urcellsquir Purcell, rug & Haller orth Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Attorney for the Defendant: Andrew Spears, Esquire Metzger Wickersham P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Dated:__ J 2 q. 3 , Z v o2 BY THE COURT, J. CERTIFICATE OF SERVICE I, John W. Purcell, Jr., hereby certify that a true and correct copy of the foregoing was served on the Defendant, by forwarding said copy to his attorney of record at the following address, by first class U.S. Mail on January t) 7 , 2003: Andrew Spears, Esquire Metzzger Wickersham P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for the Defendant Carol A. as ecretary Co jo e 955 c? V7 r. _ V f "S. JEANNETTE M. COLLEGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-907 CIVIL TERM GLEN E. COLLEGE, : CIVIL ACTION-LAW Defendant : IN DIVORCE STIPULATION Jeannette M. College, Plaintiff and Glen E. College, Defendant, in the above captioned matter, hereby stipulate to the Order attached, hereto, relating to the payment of alimony set forth in the attached Divorce Decree, through Domestic Relations. Jr, Esquire Theresa Barrett Male, !- eannette M. College, Plainti Glen E. College, Defend t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEANNETTE M. COLLEGE, Plaintiff VERSUS GLEN E. COLLEGE, Defendant N O. 02-907 Civil DECREE IN DIVORCE AND NOW, December 11 DECREED THAT Jeannette M AND Glen E. College e ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINT"IFF, DEFENDANT, 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; None The terms of the Separation and Property Settlement Agreement between the parties dated November 21, 2002 is hereby incorporated as set forth at length but shall not merge in the final Divorce Decree between the Any existing spousal support order shal hereinafter be deemed an order for alimony pendente lite if any economic claims remain pending. BY THE. COURT: J. Wesley Oler, Jr. 4K, _J: PROTHONOTARY Certified Copy Issued: December 13, 002 2002IT IS ORDERED AND MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of fix' e ^S t 2002, by and between Glen E. College (hereinafter "Husband") of Harrisburg, Dauphin County, Pennsylvania, and Jeannette M. College (hereinafter "Wife") of WITNESSETH: f I>tk e e z <- , Florida. WHEREAS, the parties are Husband and Wife, married on October 3, 1981, in Tampa, Florida; and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Defendant and Plaintiff, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 02-907 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either parry has, or may have, against the other or the other's estate. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties Document #: 245024 acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save ham-Jess the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that parry. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow'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 -2- Document k: 245024 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 other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 1 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence"). Said property was sold on March 29, 2002. The proceeds from the sale of the marital residence were divided equally. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 1995 Jeep Cherokee in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and -3- Document #: 245024 agrees to indemnify Wife therefor. Wife shall retain sole and exclusive ownership of the 1997 Geo Tracker in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. Husband and Wife agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles, and documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage, except as listed below: Anrlroximate Account Balance Due (a) Citizens Bank Credit Line $ 15,000.00 (b) Citibank Credit Card Account ending in 4912 $ 10,748.00 (c) Capital One Credit Card Account ending in 5157 $ 10,775.00 (d) Capital One Credit Card Account ending in 0093 $ 23,012.00 (e) Citibank Credit Card Account ending in 9953 $ 12,450.00 (f) First USA Credit Card Account ending in 8381 $ 9,286.00 (g) First USA Credit Card Account ending 3609 $ 6,550.00 -4- Document k 245024 (h) Petite Sophisticates/Casual Corner Credit Card $ 1,698.00 (i) Gordon's Credit Card $ 3,400.00 0) Salley Mae Loan $ 8,784.00 Husband agrees to assume the following marital debts: (a) Citizens Bank Credit Line $ 15,000.00 (b) Citibank Credit Card Account ending in 4912 $ 10,748.00 (c) Capital One Credit Card Account ending in 5157 $ 10,775.00 (d) Capital One Credit Card Account ending in 0093 $ 23,012.00 (e) Citibank Credit Card Account ending in 9953 $ 12,450.00 (f) Salley Mae Loan $ 8,784.00 Wife agrees to assume the following marital debts: (a) First USA Credit Card Account ending in 8381 $ 9,286.00 (b) First USA Credit Card Account ending 3609 $ 6,550.00 (c) Petite Sophisticates/Casual Corner Credit Card $ 1,698.00 (d) Gordon's Credit Card $ 3,400.00 -5- Document #: 245024 Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS During the marriage, Husband acquired a retirement/pension/profit-sharing/401(k) plan with his employer, Tyco. The value of the account for equitable distribution purposes as of June 24, 2002, is $27,792.34. Wife is to receive the amount of Ten Thousand and 00/100 ($10,000.00) Dollars from this account through a Qualified Domestic Relations Order. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that parry and the, other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE; LITE, AND ALIMONY Husband agrees to pay Wife alimony in the amount of Five Hundred and 00/100 ($500.00) Dollars bi-weekly until death of either party or Wife's re-marriage. Modifications may also be -6- Document #: 243024 made upon change of employment status. Wife agrees to waive all arrears due her from back spousal support and will notify Domestic Relations of such a waiver. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 13. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 14. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and -7- Document #: 245024 voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 15. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 16. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 17. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 18. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. -8- Document #: 245024 19. SEVER ABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 20. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 21. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 22. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 23. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. -9- Document #: 245024 24. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 25. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 26. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: Glen E. College Jeannette M. College -10- Document #: 245024 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF 9U pl l t 71,1)1 On this, ttte. day of LIj NW2, before me, the undersigned officer, personally appeared Glen E. College, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set rpy-hat31 1 official seal. Seal - c, Notary Public Dau hln County A?MSSiOn 2a , 2005 V v Cxpires: ssociatlon of Notaries ******************************************************************************* COMMONWEALTH OF PENNSYLVANIA COUNTY OF--D'<)oA1t --, On this, ;;?'Lday of Zll,?'W?k200 , ss before me, the undersigned officer, personally appeared Jeannette M. College, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my Notarial Seal Bonita E. Prussack, Notary City of Harnsburc. Dauhin My Commission Expires JBPt. ---- Member, PennsyivaniaASSeciation official seal. :Expires: Document #: 245024 (1 cq f-1 ?.;_ ? T, n-r ; : _. r- - _, z ;, , c u? ; ,? ' r_ . ; ? '-) ?.: ' _ ) . .: .. f i <.T GL JUL 1 7 2003 JEANNETTE M. COLLEGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-907 CIVIL TERM GLEN E. COLLEGE, : CIVIL ACTION-LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this lday of Z' I S=4 , 2003, in consideration of the attached Stipulation, it is hereby ORDERED and DECREED that the alimony payable by the Defendant to the Plaintiff pursuant to paragraph 11 of the Marital Settlement Agreement, dated November 21, 2002, incorporated in the Divorce Decree of December 11, 2002, shall be payable through, enforced and collected by Domestic Relations, Cumberland County, Pe lv 'a. Lo?S l ?? ?p C c7 C l r! Z l 'L /S GJ n C +sOi--+C S?! C ? P ( J1 R??Otx ?\L?5 BY THE COURT, nor ! _? .: ??_ ?+J 22? FE B Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tb?tbmesquire.com Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEANNETTE M. COLLEGE Plaintiff/Respondent V. NO. 02-907 GLEN E. COLLEGE Defendant/Petitioner CIVIL ACTION - DIVORCE DEFENDANT'S PETITION TO ENFORCE SETTLEMENT AGREEMENT 1. Petitioner is Glen E. College ("Glen"), currently residing at 103 Hunters Ridge Drive, Harrisburg, PA 17110. 2. Respondent is Jeannette M. College ("Jeannette"), currently residing at 6467 Watermark Cove, Gulf Breeze, Florida 32563. 3. The parties formerly were husband and wife (date of marriage: 10/03/81), and were divorced by decree of this Court dated December 11, 2002. A copy of the Decree in Divorce is attached as Exhibit 1. 4. On November 21, 2002, the parties executed a Marital Settlement Agreement ("MSA" ), a copy of which is attached as Exhibit 2. 5. In relevant part, the MSA provides: Husband agrees to pay Wife alimony in the amount of Five Hundred and 00/100 ($500.00) dollars bi-weekly until death of either party or Wife's re-marriage. Modifications may also be made upon change of employment status. See Exhibit 2 at $11. 6. Glen, who is 65 years old (dob: 03/01/44), currently is employed with Tyco Electronics. 7. During the past several years, Glen has had numerous health issues, including skin cancer, high blood pressure, high cholesterol, prostate cancer (January 2009), and, shortly after Christmas 2009, a "stroke" on one eye, which caused a 50% loss of vision. 8. Glen wants to retire when he reaches the age of 66 on March 1, 2010. 9. Glen's retirement is a change of employment status as contemplated by paragraph 11 of the MSA. 10. Prior to filing this petition, and in reliance on paragraph 11 of the MSA, Glen asked Jeannette to agree to terminate the alimony when he retires. 11. Jeannette refused to do so. 2 12. Factors militating in favor of terminating or, alternatively, modifying, the alimony include: a. Glen has been supporting Jeannette for almost eight (8) years post- separation and post-divorce. b. Jeannette currently receives Social Security retirement benefits of $850.00 per month. c. Jeannette has additional income from employment and a pet care business she runs. d. Jeannette lives with her boyfriend who contributes to her support. e. After he retires, Glen will have income from Social Security and from his pension and retirement benefits. f. Because Glen received his pension and retirement benefits in equitable distribution, those payments are exempt from inclusion in his income for support purposes. See, e.g., Miller v. Miller, 783 A.2d. 832 (Pa. Super. 2001). 13. This Court has authority to entertain this petition pursuant to 23 Pa. C.S.A. § 3105, which provides in relevant part: (a) Enforcement. A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged or incorporated into the decree, may utilize a remedy or sanction set forth in this part to enforce the agreement to the same extent as though the agreement had been an order of the court except as provided to the contrary in the agreement. 3 14. This Court also has authority to entertain this petition pursuant to Pa. R. C.P. 1920.43, which governs petitions for special relief. 15. Although the Honorable J. Wesley Oler signed the divorce decree, no judge was assigned to hear any issues prior to the finalization of the action. 16. Judicial economy will be served by assigning this matter to the Special Divorce Master, whose expertise in alimony issues will facilitate resolution. Wherefore, Petitioner respectfully requests the Court to: a. Issue a rule on the plaintiff/respondent. b. Assign this petition to the Special Divorce Master for a hearing; and c. Following the hearing, enter an order terminating, or, alternatively modifying, Petitioner's alimony obligation effective the date of his retirement. Law Office of Theresa Barrett Male l?„a /a te Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street. Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorney for Plaintiff Date: February 2, 2010 4 Exhibit 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JEANNETTE M. COLLEGE Plaintiff NO. 02-907 Civil Term VERSUS GLEN E. COLLEGE Defendant DECREE IN DIVORCE AND NOW, Dtofi"el It , 2."2, IT IS ORDERED AND DECREED THAT Jeannette M. College PLAINTIFF, AND Glen E. College 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; None The terms of the Separation and Property Settlemen Agreement between the parties dated November 21, 2002 is hereby incorporated as set forth at length but shall not merge in the final Divorce Decree between the Any existing spousal support order shall hereinafter be deemed an. order for alimony pendente lite if any.. economic claims remain pending. BY THE COURT: ATTESfj: /I --C4- / ] J. OTHONOTARY Exhibit 2 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this _52?L day of , 2002, by and between Glen E. College (hereinafter "Husband') of Harrisburg, Dauphin County, Pennsylvania, and Jeannette M. College (hereinafter "Wife) of CJ . f AIL c e z, L Florida. WITNESSETH: W1FREAS, the parties are Husband and Wife, married on October 3, 1981, in Tampa,. Florida; and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties are Defendant and Plaintiff, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 02-907 Civil Term; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties DocumW #. 245024 acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property, and estate from any and all rights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the firture. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow'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 _2- Document #: 245024 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 other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. REAL ESTATE The parties own as tenants by the entireties improved real property situated at 1 Ovis Drive, Mechanicsburg, Cumberland County, Pennsylvania ("marital residence'). - Said property was sold on March 29, 2002. The proceeds from the sale of the marital residence were divided equally. 5. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 6. MOTOR VEHICLES Husband shall retain sole and exclusive ownership of the 1995 Jeep Cherokee in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and -3- Document It. 245024 agrees to indemnify Wife therefor. Wife shall retain sole and exclusive ownership of the 1997 Geo Tracker in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any, and agrees to indemnify Husband therefor. Husband and Wife agree to execute, within thirty (30) days of the date of this Agreement, any and all forms, titles, and documents necessary to transfer the aforesaid vehicles from joint ownership to individual ownership, as specified herein. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage, except as listed below: Approximate Account Balance Due (a) Citizens Bank Credit Line $ 15,000.00 (b) Citibank Credit Card Account ending in 4912 - $ 10,748.00 (c) Capital One Credit Card Account ending in 5157 $ 10,775.00 (d) Capital One Credit Card Account ending in 0093 $ 23,012.00 (e) Citibank Credit Card Account ending in 9953 $ 12,450.00 (f) First USA Credit Card Account ending in 8381 $ 9,286.00 (g) First USA Credit Card Account ending 3609 $ 6,550.00 -4- Dmwment #: 245024 (h) Petite Sophisticates/Casual Corner Credit Card $ 1,698.00 (i) Gordon's Credit Card $ 3,400.00 0) Salley Mae Loan $ 8,784.00 Husband agrees to assume the following marital debts: (a) Citizens Bank Credit Line $ 15,000.00 (b) Citibank Credit Card Account ending in 4912 $ 10,748.00 (c) Capital One Credit Card Account ending in 5157 $ 10,775.00 (d) Capital One Credit Card Account ending in 0093 $ 23,012.00 (e) Citibank Credit Card Account ending in 9953 $ 12,450.00 (fl Salley Mae Loan $ 8,784.00 Wife agrees to assume the following marital debts: (a) First USA Credit Card Account ending in 8381 $ 9,286.00 (b) First USA Credit Card Account ending 3609 $ 6,550.00 (c) Petite Sophisticates/Casual Comer Credit Card $ 1,698.00 (d) Gordon's Credit Card $ 3,400.00 -5- Domnew #. 245024 Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS During the marriage, Husband acquired a retirement/pension/profit-sharing/401 (k) plan with his employer, Tyco. The value of the account for equitable distribution purposes as of June 24, 2002, is $27,792.34. Wife is to receive the amount of Ten Thousand and 00/100 ($10,000.00) Dollars from this account through a Qualified Domestic Relations Order. 9. DIVISION OF BANK ACCOUNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband agrees to pay Wife alimony in the amount of Five Hundred and 00/100 ($500.00) Dollars bi-weekly until death of either party or Wife's re-marriage. Modifications may also be -6- Domnent #. 245024 made upon change of employment status. Wife agrees to waive all arrears due her from back spousal support and will notify Domestic Relations of such a waiver. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 13. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. 14. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and -7- Docmew #. 245024 voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement 15. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 16. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 17. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement", or "execution date" shall be the date on which the last party signed this Agreement. 18. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction, or effect of this Agreement. -8- Document #. 245024 19. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 20. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall enure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 21. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 22. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 23. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. -9- Docment #. 245024 24. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion, or improper or illegal agreements. 25. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 26. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing parry is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: A"e? e, " t2 Glen E. College eannette M. College-10- Document X 243024 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF j9??' . On this, t 211y of J4 110 fo 02, before me, the undersigned officer, personally appeared Glen E. College, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my? d official seal. ?l Member. PbrinsyM* 4mda#m01 ?.. y ommission Expires: COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF On this, th2l day o 2002, before me, the undersigned officer, personally appeared Jeannette M. College, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN Document #. 245024 VERIFICATION 1 verify that the statements made in the foregoing document 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. ,?& e, &4, Olen L College Date: Oz.Pp A i o PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: John W. Carter, Esquire Knight and Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Attorneys for Plaintiff/Respondent Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Defendant/Petitioner Date: February 2, 2010 JEANETTE M. COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GLEN E. COLLEGE, Defendant NO. 02-907 CIVIL TERM DEFENDANT'S PETITION TO ENFORCE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 22°d day of February, 2010, upon consideration of Defendant's Petition To Enforce Settlement Agreement, a hearing is scheduled for Tuesday, April 6, 2010, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Wesley Oler, Jr.,/ ? Jeannette M. College 6467 Watermark Cove Gulf Breeze, FL 32563 Plaintiff, pro Se Teresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 Attorney for Defendant ourtesy Copy: Elizabeth Rogers, Esq. Knight and Associates, P.C. 11 Roadway Drive Suite B Carlisle, PA 17013 :rc I kJty '-=r1 N r` a r? C=J X3 P?? °G i JEANNETTE M. COLLEGE, Plaintiff V. GLEN E. COLLEGE, Defendant No. 02-907 N Y CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Jeannette M. College, Plaintiff, in the above- captioned matter. Date: April 6, 2010 Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010APR _6 4M 9:4 7 Attorney for Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEANNETTE M. COLLEGE, No. 02-907 Plaintiff CIVIL ACTION - LAW V. GLEN E. COLLEGE, Defendant CERTIFICATE OF SERVICE AND NOW, this 61n day of April 2010, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Praecipe by hand delivery: Theresa Barrett Male, Esquire Attorney for Defendant Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff PACSES NO. 835104263 JEANNETTE M. COLLEGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW GLEN E. COLLEGE, Defendant NO. 02-907 CIVIL TERM ,-e IN RE: PETITION TO ENFORCE SETTLEMENT AGREEM a F?- ail -. ORDER OF COURT E IT, AND NOW, this 6th day of April, 2010, tdpon -jP consideration of Defendant's Petition To Enforce Settl6*,t Agreement, and pursuant to an agreement reached in chambers between counsel for the Plaintiff in the person of Sean M. Shultz, Esquire, and counsel for Defendant in the person of Theresa Barrett Male, Esquire, the hearing is continued until May 6, 2010, at 1:30 p.m., at the Cumberland County Courthouse, Carlisle, Pennsylvania. Pursuant to further agreement of counsel, pending further order of Court the Domestic Relations Office is directed to withhold distribution of the alimony payments made in this case by Defendant Glen E. College, it being the intention of counsel that these payments be regarded as escrowed in the interim. It is noted that Charles Rector, Esquire, will being standing in for counsel for Defendant at the May 6, 2010, proceeding. By the Court, Sean M. Shultz, Esquire 11 Roadway Drive Suite B Carlisle, PA 17015 For Plaintiff ,.-?Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 For Defendant .,-<harles A. Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Standing in for Theresa Barrett Male at May 6, 2010 hearing Rickie Shadday, DRO :mae I ?r? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEANNETTE M. COLLEGE Plaintiff V. GLEN E. COLLEGE Defendant n ? Q 77 NO. 02-907 - =-L 7r% CIVIL ACTION - DIVORCE' PRAECIPE TO ENTER APPEARANCE Please enter my appearance as co-counsel for the Defendant, Glen E. College, in the above-captioned matter. RESPECTFULLY C--? rles Rector, Fj9quire (Q# 39121) Law Offices of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: JEANETTE M. COLLEGE, Plaintiff v. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-907 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO RELEASE ESCROW FUNDS ORDER OF COURT AND NOW, this 24a` day of June, 2010, upon consideration of Plaintiffls Motion To Release Escrow Funds, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 21 days of service. Sean M. Shultz, Es . q 4 Irvine Row Carlisle, PA 17013 Attorney for Plaintiff Teresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101-1058 Attorney for Defendant arles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Defendant C~ ~r ~v l l BY THE COURT, Cam-. J, esley Ole J J. (~ N tJ '- i ~ -T1 ' ~ ~v, ,_r rY- ~ ~ ~ C- :- -n i~1 =- i ~ ~ - -> ,=` N r -n ; : t ~~ - ^ cn .{ c _ t; ~! + ~ ~ ~~ . JEANNETTE M. COLLEGE, Plaintiff v. GLEN E. COLLEGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW N0.02-907 CIVIL TERM IN RE: PETITION TO ENFORCE SETTLEMENT AGREEMENT BEFORE OLER, J. ORDER OF COURT AND NOW, this 30th day of June, 2010, upon consideration of Defendant's Petition to Enforce Settlement Agreement, following a hearing held on May 6, 2010, and for the reasons stated in the accompanying opinion, Defendant's Petition is granted to the extent that the amount of his alimony obligation will be reduced to Three Hundred and Fifteen Dollars bi-weekly. This modification in amount shall be effective upon Defendant's retirement from Tyco Electronics International, Inc. BY THE COURT, S r ~ Pf f ~'b ~~.. / J`. Wesley Olen, ~ r., J. ./ Sean M. Shultz, Es . 9 Law Office of Sean M. Shultz, P.C. 4 Irvine Row Carlisle, PA 17013 n Attorney for Plaintiff/Respondent c © :; -,-Y ; :- ~.._ ! G'x / r._ -r.r7, .~ ~ ~.. ti ~j "C ~ " __--; =C~ ' John W. Carter, Esq. Knight and Associates, P.C. 11 Roadway Drive, Suite B Carlisle, PA 17013 Attorney for Plaintiff/Respondent ~harles A. Rector, Esq. Law Office of Charles A. Rector, Esquire, P.C. 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 Attorney for Defendant/Petitioner /'~heresa Barrett Male, Esq. Law Office of Theresa Barrett Male 513 North Second Street Harrisburg, PA 17101 Attorney for Defendant/Petitioner nn 1.:0 J6~£.4 rYL`3.L y ~/~v ~'r'~