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HomeMy WebLinkAbout05-0624 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONNA M. TURNER, v. RICHARD W. TURNER, Defendant IN DIVORCE Cu~L ~l NO. OS' - &, ',),L( 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 Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 ~~;f~ Attorney for Plalntiff DONNA M. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. or- f-~l.{ c.;U;..C-r~ IN DIVORCE RICHARD W. TURNER, Defendant COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Donna M. Turner, an adult individual who is sui juris and resides at 792 Null Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Richard W. Turner, an adult individual who is sui juris and resides at 356 Stonehedge Lane, Mechanicsburg! Cumberland County, Pennsylvania 17055. The present whereabouts of the Defendant, Richard W. Turner, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 24, 1962 in New Cumberland, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. By: A~~~~~ v Sandra L. M, il ton P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ( D(1YWlrJ * J ~1A-/ Donna M. Turner Dated: Ip6) 0) 68361.1 '- ()- \) 10 ~ ~~ ~ }J ,.....;> t:::;) c) ~~~ 11 ...,., --j rl'1 -r- C.? f"" {JJ I "":'.'frn N ~::')?1 :::.'.t(.) -n -..,-. ",-, ::,:~! <.'~ ::'t~ w ", OJ Q DONNA M. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 05-624 CIVIL TERM RICHARD W. TURNER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN AND NOW, this 3rd day of February 2005, personally appeared befor~ me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, who, being duly sworn according to law, deposes and says that she is the secretary for Sandra L. Meilton, who is the attorney for the Plaintiff and that she handed a Divorce Complaint to Defendant, Richard W. Turner, at the offices of Tucker Arensberg, P. C., III North Front Street, Harrisburg, PA 17101 at q ',SS\' Q .r'). ~Cl..WY\ m ~\ at:-A Shaun M. Kovach SWORN TO AND SUBSCRIBED before me, this 3rd day of February 2005. Notarial Seal Pauline Patti Thomas, Notary Public City 01 Harrisburg, Dauphin County My Commission Expires Mar. 24, 2007 Member. Pennsylvania Association Of Notaries \ -"'~ -~-] c" '.'I,,'j i' , (:~_\ ..c.' /lJ 0 C 5- G?;)J{ C Vi ; 17J:'-f)/) ,,({Jq,I< I v "..... PROPERTY SETTLEMENT AGREEMENT _\f'~ , 2004, by and between Richard W. Turner, hereinafter s "Husband", and Donna M. Turner, hereinafter referred to as "Wife". THIS AGREEMENT, Made this day of WITNESSETH: WHEREAS, Husband and Wife were lawfully rnarried on November 24, 1962; and WHEREAS, all surviving children born of the marriage are now emancipated; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and 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 past. present and 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 estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, fully understand and agree that Wife is represented by Sandra L. Meilton, Esquire and that Husband has the right to have the advice of independent counsel prior to the signing of this Agreement, and that by signing this Agreement, he recognizes that he fully understands the legal impact of this Agreement and waives his right to have the Agreement reviewed by an independent attorney of his choosing and further intends to be legally bound by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. \ . 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on April 13, 2004, 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 shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on April 13, 2004, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Home equity line of credit held by M&T Bank (marital residence) Account No.: 000162558920001 - 2 - .. The home equity line of credit shall be paid in accordance with the terms set forth in paragraph 7(b)(3) below. Fulton Bank loan for the 2001 Ford Windstar The Fulton Bank loan shall be paid in accordance with the terms set forth in paragraph 8.(a) below. Joint Credit Cards Legg Mason - account #4384-5199-5992-2820 Bon Ton - account #065-088-049-06-0 Visa Debit Card I (Checking Account) - M&T Bank- account #4258-2845-0596-4743 The parties believe that at the time of the signing of this Agreement, there were no balances due and owing on the joint credit cards. In the event that there are balances outstanding, the charges shall be paid by the individual incurring the expense. The parties shall cooperate with each other in closing all joint credit card accounts including those listed above and any other accounts that are in joint names. Credit Cards in Wife's Name Express - account #331064212 Limited - account #840-754-220 Kaufmann's - account #4203076050 Boscov's - account #215672622 Wife shall pay the credit cards which are held in her name alone. Credit Cards in Husband's Name Home Depot - account #6035-3200-2559-5529 Boscov's - account #105464169 Gordon's Jewelers - account #26 000 094 579 0 0 Littman Jewelers - account #5022 059179 2 Hecht's - account #921 592650 Sears - account # Husband shall pay the credit cards which are held in his name alone. - 3 - .. .. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S,A. Section 3501 et. sea., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. - 4 - . .. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they will divide to their mutual satisfaction all of the furnishings and personalty currently located in the martial residence, including, but not limited to, furniture, furnishings, antiques, jewelry, rugs, household appliances and equipment. Attached hereto and marked as Exhibit "A" is a list of items which the parties have agreed shall be retained by one or the other. The balance of the household goods and furnishings remain to be divided and the parties believe that they can divide these assets to their mutual satisfaction. In the event that a dispute arises over certain items of property which both would like to retain, then and in that event, the parties shall make a list of all such disputed items. They shall then flip a coin to determine who receives the first pick of items on the list. After the winner of the toss makes his or her pick, the loser of the coin toss gets the next two picks. The selection process then returns to the winner of toss who selects one item and the parties shall alternate selections until all of the items have been chosen by one or the other of the parties. Except as provided herein, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, (or which property will be distributed in accordance with Exhibit "A" attached hereto). Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any - 5 - , J deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF MARITAL RESIDENCE: The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereon situated at 551 South Third Street, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter referred as to "the marital residence"). The parties agree as follows with respect to the marital residence: (1) The parties shall initially try to sell the house without the use of a realtor. If the house is not sold or is not under sales contract by September 1, 2004, the house shall then be listed for sale by a mutually agreed upon multi-list realtor. The parties shall be guided by the advice of the realtor with regard to both listing price and ultimate sale price of the house. Neither party shall unreasonably withhold agreement to a recommended sale price. In the event that the marital residence is not sold within a twelve month period, the parties agree to reduce the sale price by $2,000.00 per month until the marital residence is sold, (2) Pending the sale of the marital residence, Husband shall have the right to reside in the residence and shall be responsible for all condominium fees and all utility bills including, but not limited to, electric, water/sewer, telephone, cable and any other bills relating to the marital residence until the residence is sold. (3) Wife shall be responsible for paying in a timely manner the home equity line of credit on the marital residence held by M& T Bank. Wife shall be responsible for the payment of the line of credit for a twelve month period beginning on the date of the signing of this Agreement or until the marital residence is sold, whichever shall first occur. In the event that the marital residence is not sold within twelve months, then the parties shall share equally in the payment of the home equity line of credit. (4) Property tax bills and homeowner's insurance premiums due before the marital residence is sold shall be shared equally between the parties. Likewise, the cost of any maintenance required prior to the sale of the marital residence and agreed upon by the parties shall be shared equally. (5) Upon the sale of the residence, the net proceeds shall be divided equally between the parties. Net proceeds shall be defined as the balance - 6 - .. remaining of the sale price, less all outstanding mortgages, home equity loans and liens, taxes, realtor's commissions and costs incident to sale. (6) As set forth in paragraph 7B.(2), Husband has the right to reside in the marital residence pending the sale of same; however, both parties have an equal right of access to the home. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8, MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 2001 Ford Windstar XL shall become the sole and exclusive property of Husband subject to the lien held by Fulton Bank. Husband covenants and agrees to pay and discharge the lien on said vehicle in accordance with its terms and agrees to indemnify Wife from any loss by reason of his default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto; and (b) the leased 2001 Lincoln LS shall become the sole and exclusive property of Wife subject to the lease obligation with Ford Motor Credit Company. Wife covenants and agrees to pay and discharge the lien on said vehicle in accordance with its terms and agrees to indemnify Husband from any loss by reason of her default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. 9. LEGG MASON IRA ACCOUNT #363-75870: The parties agree that Wife holds in her name a Legg Mason IRA Account No. 363-75870. The parties agree that after the Divorce Decree is entered, the account shall be divided equally between the two of them. Wife shall transfer half of the account to Husband's Traditional IRA account #363-75864 with Legg Mason through the use of a Qualified Domestic Relations Order. The expense incident to the preparation of the Qualified Domestic Relations Order shall be shared equally by the parties. - 7 - I I . In the event Wife dies before the parties are divorced, then 50% of Wife's account shall be transferred to Husband. 10. OTHER PENSION AND RETIREMENT BENEFITS: Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, defined benefit plans, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or similar benefits) of the other party. Specifically, Husband agrees that Wife shall remain the sole owner of all retirement accounts of any nature including, but not limited to the following: . Legg Mason Roth IRA - account #363-75870 . Pennsylvania Medical Society Liability Insurance Co. - administered by Principal Financial Group - Contract #4-47317 10# xxx-xx-5001 . State Employees' Retirement System Wife agrees that Husband shall remain the sole owner of all retirement accounts of any nature, including, but not limited to the following: . Legg Mason Traditional IRA - account #363-75864 . Legg Mason Roth IRA - account #363-75868 . LB Smith Lincoln-Mercury - 401 (k) - presently being rolled over into Legg Mason Traditional IRA account #363-75864 . VA Pension The parties agree to sign any and all documents necessary to enforce the waivers agreed to under this paragraph. 11. LEGG MASON JOINT CHECKING ACCOUNT: The parties acknowledge that during the marriage they established a joint checking account with Legg Mason. It is agreed that Wife's counsel fees shall be paid from this account prior to the signing of this Agreement and prior to the division of the account. They agree that the funds remaining in that account after payment of Wife's counsel fees shall be divided equally between them and the account shall be closed. - 8 - ; , ... 12. FINANCIAL ACCOUNTS: Other than those specifically referred to above, the parties agree that any and all financial accounts in existence as of the date of separation of the parties have been distributed between the parties by mutual agreement. Accordingly, any financial accounts shall remain the sole and separate property of the party to whom the bank account is titled as of the date of execution of this Agreement, free and clear of any right, title, claim and/or interest of the other. 13. PERSONAL INJURY CLAIM: The parties acknowledge that, as a result of an automobile accident, Husband has a lawsuit pending in Cumberland County under the following caption: Richard W. Turner & Donna M. Turner v. Brandon N. Murray & Christine L King, Docket No. 01-4951 Civil. Wife has a loss of consortium claim incident to that suit. The parties agree that they shall share equally in the proceeds from this lawsuit. 14. DISCRIMINATION LAWSUIT: The parties acknowledge that as a result of Husband's discharge from his work at LB Smith Lincoln Mercury, he is contemplating filing a lawsuit against LB Smith for wrongful discharge. In the event that Husband proceeds with a claim (of whatever nature) against LB Smith Lincoln Mercury or any other entity regarding wrongful discharge, the parties agree that they shall share equally in the net proceeds from that lawsuit. 15. CEMETERY PLOTS: The parties own four grave sights in a family plot at the Slate Hill Cemetery. The parties agree that they shall continue to hold these lots jointly (whether they are titled jointly at this time or not) with the understanding that Husband and Wife shall each be entitled to one plot. 16. MEDICAL INSURANCE: Wife shall be responsible for providing Husband with medical insurance for two years from the date of separation or until the happening of the following: (a) Wife resigns or retires from PMSLlC; (b) Wife is fired or laid off from PMSLlC; - 9 - .... .... (c) Husband files for divorce; or (d) Husband obtains other similar coverage under another plan with the condition that at any time during this two-year period of time, either party can obtain a divorce without either party contesting same. 17. ALIMONY: Both parties acknowledge and agree that the provIsions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 18. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 19. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall file individual returns in the years following the signing of this Agreement but before a Divorce Decree is entered unless either party advises the other that they do intend to file a joint return. In the event that a joint return is - 10 - .., .. filed and there is a tax liability due and owing the parties, the party whose income caused the tax liability shall be responsible for paying same. In the event that there is a refund, the party whose income is responsible for generating the refund shall retain same. Husband and Wife acknowledge that Wife's receipt of her SERS monthly annuity payments may generate tax liability for past and future payments. To the extent that such liability exists now or exists in the future, Wife agrees that she shall be solely responsible for the taxes, interest and penalties as a result of these annuity payments. Wife further agrees that she shall indemnify and hold Husband harmless from any tax liabilities resulting from these payments, 20. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 21. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c) at the appropriate time. It is not contemplated that either party will proceed to file for a divorce at this point in time. However, should either party decide to file for divorce in the future, both parties agree to execute at the earliest possible time such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa,C.S.A. Section 3301 (c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not - 11 - ,- .. merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 22, EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 23, BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 24. ADDITIONAL INSTRUMENTS: Each of the 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 25, TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys, Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice, 26. VOLUNTARY EXECUTION: The parties acknowledge that Sandra L Meilton has acted as legal counsel to Wife in connection with the negotiation and preparation of this Property Settlement Agreement. The parties acknowledge that, by copy of this Agreement, - 12 - ,-'4 .... Husband has been advised of his right to seek the advice of counsel of his own choice in connection with any matter pertaining to this Agreement or the contemplated divorce action to be filed by Wife. Upon that provision, Husband and Wife acknowledge and represent that the provisions of this are fully understood by both parties and each party acknowledges that the Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly and that it is not the result of any duress or undue influence; Husband further acknowledges that he had the opportunity to seek the advice of legal counsel for the purpose of having the legal effect of the provisions herein fully explained to him, and that if he chose not to seek such legal counsel, such action was taken by him voluntarily of his own free will. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.SA Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 28. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to - 13 - .....,\ .... petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 29. 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 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. 30. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the pa rties. 32. 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 covenant and agreement. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. - 14 - .-. ~ 34. 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. 35. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 36, CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. Sandra L. Meilton ((0 UlIVl1(f'71dd~(SEAL) Donna M. Turner' IUhL {S<ALI Richard W. Turner Witness - 15 - .--' .". COMMONWEALTH OF PENNSYLVANIA COUNTY OF C,^VY'\~AOc~ SS: On this, the t ~ ~ day of jj 7 ' 2004, before me, a Notary Public, the undersigned officer, personally appeared Donna M. Turner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ><~ Notary Public NOTAn:AL SEAL WILLIAM D Witil,},t') Notary Public ,; Neifi,l CumbBriml'l ,..''>,;.'":"'t>::rland Co. 1 My :;';'\i'.i;;'(:S :::'^e~L t512004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~""k.AoJ SS: On this, the t <a- }'h day of -tl OJ' , 2004, before me, a Notary Public, the undersigned officer, personally appeared Richard W. Turner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~, Notary Public 68359.1 NOTARIAL SEAL WUIAM D. "rlif.RM'i'.,L Notary Public N~lfj Cur'ribs";,- :'~:,~:,)'i(b8r1and Co, LrMJ COm(;:~i;;p~iijlil biPUit$; &:pl.i5, 2004 .- ... EXHIBIT A Items to be retained by Wife: Small recliner chair in kitchen All Oriental Rugs Portrait of Allie and Nicholas Everything in Wife's bedroom, including bedroom set, wicker chairs, corner shelves, TV, pictures, etc. Wicker furniture on outside back patio Dining Room set Living Room set - brown flowered Living Room tables - both oak tables & mahogany Personal jewelry Washer/dryer Digital camera/camcorder Stereo system Items to be retained by Husband: Green recliner in kitchen Kitchen table Large TV in kitchen End tables in kitchen Portrait of Yellow Breeches Creek (in kitchen) Oak bedroom suit (upstairs), given by parents Blue living room furniture upstairs Stone end tables upstairs Weber grill Refrigerator Tools, except one tool box with tools for Donna .- ~..?, <.--',-:) ~Jl " ~- I <.-n -q :..- r:-? (, ., C.J'1 - DONNA M. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RICHARD W. TURNER, Defendant NO. 05-624 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 2, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. 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. 5. 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: 5/5/05 ( ( (C &/),. Z1 t1 '7n (~f .JJ/), 1'71/'v Donna M. Turner, Plaintiff .....' CJ. '&; ?:. ';'c \ (...Ii o "->1 -? -\--01 r,'jr: 1" :7;c:J , '~W~, ,. '.~:-~ -'Cl :5- {";~ ~Q ...J;~ en '-" DONNA M. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 05-624 CIVIL TERM RICHARD W. TURNER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 2, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. 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. 5. 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: o/~ 16s- LUJ 1'1. LJ'-'1 Richard W. Turner, Defendant ,,' <:::::' 0 C;;:l o:;.f'l -il -~,.( I c.n .J =-..:: N ~ en .;.- DONNA M. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RICHARD W. TURNER, Defendant NO. 05-624 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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. Section 4904 relating to unsworn falsification to authorities. Date: 5/5/05 W/C1vW!cr 'I n }li/vrl,/0 Donna M. Turner, Plaintiff 77090.1 ,-, c:~ ~; -rc" ~: \ U:. ~ -I '"::C-n rn~ -ni J, ...C ,'," I :-J\~~-?, ?~ ;~~ , ".~ . \ , C...' ::::~ ,;':';:., ::<. ..,., ::..... N .' (.0 J::~ DONNA M. TURNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 05-624 CIVIL TERM RICHARD W. TURNER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTiON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming 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. Section 4904 relating to unsworn falsification to authorities. Date: 6/5/05 fLt./::Y. fZ~ Richard W. Turner, De~ndant ...., C~;) ~ o " ::rJ fJ"'j::rJ -'-:'Jr; :~,JC~ ~~~J ~~? 6~~~ "-1 ")-;.. j:) -<; _.,~ ;;.::... -< I en ...,,, -"" -'- ':.' (J1 DONNA M, TURNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION RICHARD W, TURNER, NO. 05-624 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under !l3301(c) l&'ilQ~~m (Strike out inapplicable section). 2. Date and manner of service of the complaint: 2005 Personal service on February 3, 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by!l3301 (c) of the Divorce Code: by plaintiff 5/5/05 ; by defendant 5 /5 /05 (b) (1) Date of execution of the affidavit required by !l3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None, 5. Complete either (a) or (b). (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 the Prothonotary: 5/5/05 Date defendant's Waiver of Notice in !l3301 (c) Divorce was filed with the Prothonotary: 5/5/05 ";(;4~Z~ ;(%~G , Attorney for Plaintiff / ~t --: ,~, ,~7:> .:;;.;;-.;> CJ'1 _,c' I C'l f'.) c..n cr. ;f. :ti:+::ti:+:;f. . ... ... . . . <f.'IoO <f. :l':;Ii:t: ~:+:~:+: ~~:+:~:+:~~~~~:+:~~:+: :+::+::t::+::+::+::+: :+::+: IN THE COURT OF COMMON PLEAS . . . . . . . . OFCUMBERLANDCOUNTY e, PENNA. . . . . . . . STATE OF DONNA M. TURNER . NO, 05-624 CIVIL TERM . . . . . VERSUS RICHARD W, TURNER . . . . . . . DECREE IN DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . ,/ UO~ /z .A'1~ IT IS ORDERED AND AND NOW, Donna M. Turner , PLAI NTI FF, DECREED THAT Richard W, Turner , DEFENDANT, AND 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, AND IT IS FURTHER ORDERED, that the terms, conditions and covenancs sec forch in che wr~ccen Property ~ettlement Agreement made and entered into by the parties on May 18, 2004, are incorporated into this Decree by reference therpto, hllt: not merged into this Decree, . . . . . . . . . . . . By THE COURT: . . . . . . . . . . P OTHONOTARY . .. "':+::+:'+.'f. . .. :+:~:+:~ ~~ ~'ti~'ti~ :+::+:'1:: :+: .. . "'"" Of ~ :+::ti:+::+:~:l': . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . &~ ft:.:~ ~ /Pi/>~<y1~ /~/I, so ~ r '7 /f/'~W ~} I"-"~:)S(} ... . '. y ;:7 ~-- ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT . r-. -::K'. AND NOW, this ;AI day of L1 f'\..L- , 2005, Donna M. Turner, 'Wife", together with her attorney, Sandra L. Meilton, and Richard W. Turner, "Husband", together with his attorney, Melissa Greevy, hereby stipulate and agree as follows: WHEREAS, a Property Settlement Agreement was signed by the above-named parties on May 18, 2004 (hereinafter referred to as the "Agreement"); WHEREAS, Paragraph 9 of said Agreement provided all follows: "9. LEGG MASON IRA ACCOUNT #363-75870: The parties agree that Wife holds in her name a Legg Mason I RA Account No. 363-75870, The parties agree that after the Divorce Decree is entered, the account shall be divided equally between the two of them. Wife shall transfer half of the account to Husband's Traditional IRA account #363-75864 with Legg Mason through the use of a Qualified Domestic Relations Order. The expense incident to the preparation of the Qualified Domestic Relati,ons Order shall be shared equally by the parties. In the event Wife dies before the parties are divorced, then 50% of Wife's account shall be transferred to Husband."; and WHEREAS, the parties agree that Paragraph 9 should have made reference to Legg Mason Traditional IRA #363-75869 instead of Legg Mason IRA #363-75870. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assifJns thereby, covenant, promise and agree as follows: 1. Paragraph 9 of the Agreement is amended to read as follows: 9. LEGG MASON TRADITIONAL IR)!, ACCOUNT #363-75869: The parties agree that Wife holds in her nalme a Legg Mason Traditional IRA Account No. 363-75869, The parties agree that after the Divorce Decree is entered, the account shall be divided equally between the two of them. Wife shall transfer half of the account to Husband's Traditional IRA account #363-75864 with Legg Mason through the use of a Qualified Domestic Relations Order. The expense incident to the preparation of the Qualified Domestic Relations Order shall be shared equally by the parties. In the event Wife dies before the parties are divorced, then 50% of Wife's account shall be transferred to Husband. 2. The balance of the Property Settlement Agreement signed on May 18, 2004 shall remain in full force and effect. 6Q.~'7fl. d~ Donna M. Turner tYe~ COMMONWEALTH OF PENNSYLVANIA ) ( ) SS: COUNTY OF mlBERL/\ND On this, the ~ 'd ,.J ~ay of ~_ , 2005, before me, a Notary Public, the undersigned officer, personally appeare Richmd W. Turner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Addendum to Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL DIANNE LE/'IIG. Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2005 '~:R~ ~ Notary PubliG ~ ' COMMONWEALTH OF PENNSYLVANIA ) ( ) ss: COUNTY OF DAUPHIN ..j L... ------r-- On this, the ;}. j) day of '-1 tA/'-t> , 2005, before me, a Notary Public, the undersigned officer, personally appeared Donna M. Turner, known to me (or satisfactorily proven) to be the person whose name is subscribed 110 the foregoing Addendum to Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~:4 /J;, yL Notary Public: NOTARW. SEAl. Gl.OIM M. RN ... -v PubIc CllY OF IWlIlIIIIIG. twlPHI\l COUNlY My CommIuIon 1!xp/nIo Nov S. 2007 78441.1 , .-.;$....--.-"...---.-.l i JA:3~ .J,;Jqj,1<~~ -;1V",,',W ~': _,;: -.wJ.lit4 V~!)h}i i '(!....!-..~...~, ~H~C .oi';~U8(.;~~}) -lOll; i "00; ~:~ y,')IA ',&'ICf~j r""':~~k:,(OO~) '1!\' , __,"___,.,.,J . (') ...., = ~ C = <.' 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