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HomeMy WebLinkAbout05-3426 01 l' vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, o5'~ J'I.2(, ~ Ja.M--"- : CIVIL ACTION - AT LAW : IN DIVORCE BETH A. FROMM, Plaintiff CURTIS M, FROMM, Defendant 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, NOTICE TO DEFEND AND CLAIM RIGHTS When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE 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 (717) 249-3166 800-990-9108 BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -- ~ No. OS - 34)..4> c.,v~ ( (GV"'- vs. CURTIS M, FROMM, Defendant : CIVIL ACTION - AT LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Beth A Fromm, by and through her attorneys, The Law Offices of Patrick F, Lauer, Jr., makes the following Complaint in Divorce: 1. The Plaintiff, Beth A Fromm, is an adult individual who currently resides at 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, COUNT I-NO-FAULT DIVORCE 2, The Defendant, Curtis M. Fromm, is an adult individual who currently resides at 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, 3, The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The parties were married on October 8, 1977, in Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties, 6, The marriage is irretrievably broken, 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter. I' 9. Paragraphs one (I) through eight (8) of this Complaint are incorporated herein by COUNT II - EQUITABLE DISTRIBUTION reference as if set forth specifically below, 10. During the course of the marriage, the parties acquired property and incurred debt, titled either solely or jointly between them, and enjoyed the increase in value of pre-marital property, all of which constitute a marital estate, WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to ~ 3502(a) of the Divorce Code, COUNT II1- ALIMONY AND ALIMONY PENDENTE LITE _ ~ 3702 I L Paragraphs one (I) through ten (10) of this Complaint are incorporated herein by reference as if set forth specifically below, 12, The Plaintiff is the dependent spouse and Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself completely through appropriate employment 13, Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage, WHEREFORE, the Plaintiff requests your Honorable Court to enter an aware of reasonable alimony upon final hearing and pennanently thereafter. Date: 7- r. 2ou5 Marli Law 0 Ices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. vs, CURTIS M, FROMM, Defendant : CIVIL ACTION - A T LAW : IN DIVORCE 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. S 4904, relating to unsworn falsification to authorities, Signature:!I3d L_.,f~ BETH A. FROMM Date: ~/5jtJS ~ ~ ~f\ ~ ~~ 1l' ~ ~ t.s () --t, 0 w , " 0, ~ .... \) ~ t f-''':' i~ :>'-(,. ):>~_.I ~~ o f::: ~ ~ 0 "'r/ ~ ::;1 r- fii.::!J ~ :-~gr- <3 "'" :--i -::t'" ..1:.:.-ri -Ji). C):D _ -7>'0 7:'" c51"'n '---1 p CD U) --< ~ ::;! ~ BETH A. FROMM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-3426 CIVIL TERM CURTIS M. FROMM, Defendant CIVIL ACTION - AT LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this / 21lo.. day of] 4 ^ v",...? and between BETH A. FROMM of Camp Hill, Cumberland If! 2000, by County, Pennsylvania, hereinafter referred to as Wife; and CURTIS M. FROMM of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on October 8, 1977 In Cumberland County, Pennsylvania; and WHEREAS, Wife is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least the past SlX months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since July 9, 2005; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and j WHEREAS, agreement for the the parties hereto have mutually entered into an division of their jointly owned assets, the negotiations by Marlin L. by Anthony T. one this currently is a dependant minor child to the marriage, namely Patrick M. Fromm, born June 25, 1990; and, NOW THEREFORE, the parties, in consideration of the mutual promlses set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 4J ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 3 ~ ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it lS, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condi tion to this agreement, to execute the necessary divorce consents required by Section 330l(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement lS lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement lS, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 4 -' 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 Incorporation of Aareement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 5 oJ ARTICLE III - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3 .1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the cri teria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition 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 marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 6 ~ 3.2 Satisfaction of Riahts of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be In full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residence. Husband agrees to vacate the marital residence and transfer to Wife all of his interest in the marital residence at 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Wife all his right, title, and interest in and to the marital residence. 7 .,. 3.5 Undeveloped 3.3 acres of land in Carlilse. Husband shall have sole and exclusive possession thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the undeveloped 3.3 acres of land located in Carlisle, Cumberland County, Pennsylvania. 3.6 Other personal propertv. The parties agree that they will equitably divide all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree upon Husband's moving from the marital home. 3.7 Retirement. Husband shall pay to wife one half of the value of his 401k retirement plan. The value of the plan shall be the total value of the plan as of his statement for the period ending September 30, 2005. Husband shall provide to wife or her attorney all necessary information so that a Qualified Domestic Relations Order (QDRO) can be drafted. Husband shall execute and deliver any and all documents necessary towards getting court approval of the QDRO. Husband specifically waives any claim he may have against the retirement of the wife. 8 .. ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations In the name of or against each other. 4.2 Mortoaoe for residence located at 4014 Cherokee Avenue, Camp Hill, Cumberland Countv, Pennsvlvania. Wife agrees to accept sole responsibility for the mortgage encumbering the marital residence, and to hold Husband free and harmless from any and all liability which may arise from said mortgage. 9 oJ 4.3 Mortqaqe for undeveloped 3.3 acres of land in Carlisle. Pennsylvania. Wife agrees to accept sole responsibility for the mortgage encumbering the undeveloped 3.3 acres of land In Carlisle , Pennsylvania. It is the intention of the parties that wife will refinance the marital residence and payoff the mortgage on the undeveloped 3.3 acres of land in Carlisle, Pennsylvania. 4.4 Specific Outstandinq Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arlse from any account or debt that is solely in Husband's name. 4.5 Specific Outstandinq Debts of Wife. Wife accept sole responsibility for, and to hold Husband harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. agrees free to and ARTICLE V ~ALIMONY AND SUPPORT 5.1 Alimonv. Husband shall pay alimony to Wife In the amount of $200.00 per month. The first payment is due on the first day of the month following the date of the divorce decree and continuing for a total of forty-eight (48) months. This obligation can only terminate as a result of all forty-eight $200.00 payments having been paid or as a resul t either parties death. 10 ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after ha ving received such advice and with such knowledge that execution of this Agreement undue influence and that is is not the result of any duress not the result of any collusion or or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 11 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including lncome and galD from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether aris ing out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower I 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 any other rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of 12 .. the mari tal relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acqulre, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for In this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or 13 obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed In order to carry out fully and effectively the terms of this Agreement. 6.8 Governina Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 14 6.9 Bindinq. This Agreement shall be binding and shall lnure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Aqreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severabilitv. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or al ter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 15 .. 6.12 Equitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and they have made a full disclosure of all assets represent prior to that the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceability and Consideration. This Agreement shall survi ve any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement lS the mutual benef i ts to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined 16 ... through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney I s fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. WITNESSED BY: / /;d-fth I / ~Ld-XF?P7/L BETH A. FROMM, WIFE / /I/t (p ~ If'JI) tfl?~/.JV'/l CURTIS M. FROMM, HUSBAND 17 --. -. -----............"""...............------ ( - 1.=lq ~DOZ ~ ~ NVr'J' lQf&i ,.., , :i~ C"'".,:: t.,) -,...J ,','] <..; "J :.<; BETH A. FROMM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005 - 3426 CURTIS M. FROMM, Defendant CIVIL ACTION - AT LAW IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verifY that the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7000-1670-0005- 2769-4101, return receipt, restricted delivery, pursuant to the requirements of Pa. R.C.P. 1930.4. ~ SEND R: :5! .. Complet(', items 1 and/or 2 for additional services. III . II Complete itell\$ 3, 4a, and 4b. I - Print your name and address on the reverse of this form so that we can return this i card to you. ~ - Attach this form to the front of the mallplece, or on the back if space does not ! panni!. . -Write "Return R8C8ipt RsqUBStecl" on the mailpiece below the article number. ~ -The Return Receipt will show to whom the article was delivered and the date g delivered. I 3. Article Addressed to: Q. fi Cur-ll s 1=fD!Y\M '-/O/L( C0erokee- ,Aye1~ C~p HiU, ,04 net' ! .~ Gl (/) Q. 1 a:: - ~ ~9 E :::J '5 J!( Certified a:: Dl o Express Mail 0 Insured .5 III o Return Receipt for Merchandise 0 COD : 7. Date of Delivery oS! OS 8. Addressee's Address (Only if requested and fee is paid) I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2.)iiC. Restricted Delivery Consult postmaster for fee. 4a. Article Number 5. R!:~': (Print Name) . c.vtJ./ r A~m/Jlj !i 6. Signature: (Addressee or Agent) ~ X ~J~ .!! PS Form 3811, December 1994 :::J o >- ..lii C III ..c: I- 102595.97-8-0179 Domestic Return Receipt Date: r z. - 2/-. () C, Resp~~ful1y submitted, . ,/\;/ Marlin If Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84145 Tel. (111) 163-1800 ~ - {,-) un f'~.. : :(-. ,. , ' BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 3426 CURTIS M. FROMM, Defendant : CIVIL ACTION - AT LA W : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 1,2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. S 4904 relating to unsworn falsification to authorities. Date: j,~ l'hO J 0 ? I I ' / ''1 .. C' . (y ~/, / 2:~XJ:fk<fr SIgnature: ~;(...{f.&-( <.vev' l.. Beth A. Fromm \ .~.} c:) f'..: ------------ BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 3426 CURTIS M. FROMM, Defendant : CIVIL ACTION - AT LA W : IN DIVORCE PLAINTIFF'S 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. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: f~/;j 0 I O~ I , C' / /'}f' (' .' -,' ,'/ Signature: ~.~. ~/JJ:tJ;/L Beth A. Fromm -~ -)'1 r1 ,','""; '~.i ~",,-.,: -.: ~J f',"::, ~ BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 3426 CURTIS M. FROMM, Defendant : CIVIL ACTION - AT LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 7,2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: /;;./; J> J 0 {) / / Signature: C..-Ifl.&....l/""fJ j:'M/YV, . Curtis M. Fromm II II ~~j ~ ~"'~ ~1 C r-~ l..) C' [',-; .... BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 3426 CURTIS M. FROMM, Defendant : CIVIL ACTION - AT LAW : IN DIVORCE DEFENDANT'S 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! 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. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: !J/I c9 /06 I Signature: c.,,/..~. o/l hr/f/t- Curtis M. Fromm ;~..>) ';'~il ,...-, t:~':> " ' r"'~) ~ ' {:~.J 'f"'';; BETH A. FROMM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005 - 3426 CURTIS M. FROMM, Defendant CIVIL ACTION - AT LAW IN DIVORCE PR A RCTPR TO TR A NSMTT RF,C.ORO 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 9 3301(c) 9 3301(d)(I) of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail #7000-1670-0005-2769-4101, delivered on July 9,2005. See attached Affidavit of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution ofthe affidavit of consent required by 9 3301(c) of the Divorce Code: by the Plaintiff Decemher ?O, ?OO(; by the Defendant Decemher 1 R, ?OO(; (b) Date of execution of the affidavit required by 9 3301(d) of the Divorce Code: Date of filing of the Plaintiffs affidavit upon the respondent: Date of service of the Plaintiffs affidavit upon the respondent: -' 4. Related claims pending: Please incorporate, witnollt mereine, tne attacned Separation and Property Settlement Aereement oftne parties into tne Divorce Decree 5. (Complete either paragraph (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 Plaintiffs Waiver of Notice in 9 3301(c) Divorce was filed with the prothonotary: filed simultaneously wfPmecipe Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the prothonotary: filed simultaneously wfPmecipe Respect~ '" / / I l ,/ Date: ) l -- Z 1- [)~ Mallin L. kley, E quire Law Offic s of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 11011-4706 ID# 84145 Tel. (717) 163-1800 Cl :--"'--) '-:::-'-; c:::;; c)-\ :-! ~ ... , ',_' ..._~ '. -:: C) 1",:' ~"-----~~' -.-----.-- I' BETH A. FROMM, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-3426 CIVIL TERM CURTIS M. FROMM, DefendantIRespondent CIVIL ACTION - AT LAW IN DIVORCE MOTION FOR ENTRY OF ODRO AND NOW comes the above-named Plaintiff, Beth A. Fromm, by her attorney, Marlin L. Markley, Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the form as attached hereto, and in support thereof avers: 1. The Plaintiff herein Beth A. Fromm, is an adult individual who currently resides at 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant herein Curtis M. Fromm, is an adult individual who currently resides at 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff filed a divorce complaint in Cumberland County on July 7, 2005. 4. The economic issues in this case were resolved with a Property Settlement Agreement signed by the parties on January 11 and 12, 2006. Attached hereto as Exhibit "A". 5. The attached QDRO was draft according to the "QDRO Approval Guidelines" for Exel Retirement Savings P Ian to effectuate the terms of the parties Property Settlement Agreement. WHEREFORE, Plaintiff Beth A. Fromm, requests the Court to approve and sign the Qualified Domestic Relations Order that has been signed by the parties counsel. Respectfull"y Date: IJ4/L{/Jl --~._-_.. ~arli~: Markley, Esquire "Law CJffi es of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 1D# 84745 Tel. (717) 763-1800 E.)(hibi+ A BETH A. FROMM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-3426 CIVIL TERM CURTIS M. FROMM, Defendant CIVIL ACTION - AT LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT LtI THIS AGREEMENT, made this /21J.. day of 1 tj ^ v"'''1 200b, by and between BETH A. FROMM of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and CURTIS M. FROMM of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on October 8, 1977 in Cumberland County, Pennsylvania; and WHEREAS, Wife is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since July 9, 2005; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their riqhts to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets / the provisions for the liabilities they ower and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Wife was represented by Marlin L. Markley, Esquire, and Husband was represented by Anthony T~ McBeth, Esquire; and WHEREAS, there are three children to the marriage, but only one this currently is a dependant minor child to the marriage, namely Patrick M. Fromm, born June 25, 1990; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 2 ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proce~dings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relat~ions between the parties . The parties shall not be deemed to. have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 3 ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condi tion to this agreement, to execute the necessary divorce consents requ~~ed by .Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmi t Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted,.. and represented by Husband and Wife, each to the other, that. this Agreement is lawful and enforceable and this warranty, covenant,' and representation is made for the specific purpose of inducing Husband arid Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, . illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 4 2.2 Final Resolution. It is further specifical~y understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement _""pO-' hereby consents- and---a-gr-ees -t'hatthis"- A-gieementand all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3. Incorporation of Aareement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. 5 ARTICLE'III - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisi tion 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 marital prope+:,ty, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 6 3.2 Satisfaction of Riahts of Eauitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be In full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquir~d by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Marital Residence. Husband agrees to vacate the marital residence and transfer to Wife all of his interest in the mari tal residence 'at 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. Wife shall have sole and exclusive possession thereof, and Husband shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, ~ransferring, and granting to Wife all his right, title, and interest in and to the marital residence. 7 3 .5 Undeveloped 3.3 acres of land in Carlilse. Husband shall have sole and exclusive possession thereof, and Wife shall if necessary at any time make, execute, and deliver any and all documents in the usual form conveying, transferring, and granting to Husband all her right, title, and interest in and to the undeveloped 3.3 acres of land located in Carlisle, Cumberland County, Pennsylvania. 3.6 Other personal propertv. The parties agree that they will equitably divide all of their furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as they will mutually agree upon Husband's moving from the marital home. Husband shall pay to wife one half of the 3.7 Retirement. value of his 401k retirement plan. . . The value of the plan shall be the total value of the plan as of his statement for the period ending September 30, 2005. Husband shall provide to wife or her attorney all necessary information so that a Qualified Domestic Relations Order (QDRO) can be drafted. Husband shall execute and deliver any and all documents necessary towards getting court approval of the QDRO. Husband specifically waives any claim he may have against the retirement of the wife. 8 ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations~ and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, ih the future, neither shall cause or permit to be charged to,oragainst the other any purchase which either of them may hereafter make 'and shall not hereafter create any engagements, debts, or_ obligations in the name of or against each other. 4.2 Mortaaae for residence located at 4014 Cherokee Avenue, Camp Hill, Cumberland Countv, Pennsvlvania. Wife agrees to accept sole responsibility for the mortgage encumbering the marital residence, and to hold Husband free and harmless from any and all liability which may arise from said mortgage. 9 4.3 Mortaade for undeveloped 3.3 acres of land in Carlisle. Pennsylvania. Wife agrees to accept sole responsibility for the mortgage encumbering the undeveloped 3.3 acres of land in Carlisle , Pennsylvania. It is the intention of the. parties that wife will refinance the marital residence and payoff the mortgage on the undeveloped 3.3 acres of land in Carlisle, Pennsylvania. 4.4 Specific ,Outstandina Debts of Husband. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any. and all liability which may arise from any account or debt that is solely in Husband's name. 4.5 Specific Outstandina Debts of Wife. Wife agrees to accept sole responsibili tyfor, and to hold Husband free and harmless from' any and all liability that may arise from any account or debt that is solely in Wife's name. ARTICLE V ":": ALIMONY AND SUPPORT 5.1 Alimonv. Husband shall pay alimony to Wife in the amount of $200.00 per month. The first payment is due on the first day of the month following the date of the divorce decree and continuing for a total of forty-eight (48) months. This obligation can only terminate as a result of all forty-eight $200.00 payments having been paid or as a result either parties death. 10 ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attornevs Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract arid fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given. full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is ~ in the circumstances, fa.ir and equi table', that it is being entered into freely and volun"tarily, after having received 'such advice and with such. knowledge that execution of this Agreement is not the result of any duress or undue influence. and that is not the result of any collusion or improper or illegal' agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their . respective attorney fees. For purposes of contract interpretation - and for the purpose of resolving any ambiguity herein f Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods. Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 11 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to corne and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from ,property hereafter accruing) of the other, or against the ,estate of such other, of whatever nature and wheresoever situa.te, which 'he or she now has or at any time hereafter may-have against' such other; the estate o~ such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or-liabilities of such other a.s by way of dower, curtesy,_ or claims-in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws; ,or the right to take against the spouse's will, or the ,right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws. of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at - any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses r whether arising as a result of 12 the mari tal relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever. nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of' this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may 'arise under this 'Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement, for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or' ,obligatiqns for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or 13 obligations of. each of them, including those for necessities, except for the.obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from aJl debts, charges, and liabili ties incurred . by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 'Modification. No waiver or modification of any of the terms of this Agreement sh9,ll be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 promptly Document Execution. execute any and all The parties agree that they will written instruments, assignments, releases, satisfactions, deeos, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed In order 'to carry out fully and effectively the terms of this Agreement. 6.8 Governinq Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 14 6.9 Bindinq. This Agreement. shall be binding and shall inure to ,the benefit of the. parties hereto and their respective,: heirs, executors, administrators, successors, and assigns. 6.10 Entire Aareement. This. _Agreement constitutes the entire understanding of the parties and supersedes, any . and all prior agreements and negotiations between them. There. are no representations 'or warranties other than those expressly set forth . herein,. 6.11 Severability. If any term, condition, clause, section, 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 . Likewise" the failure of, any party to meet his, or her obligation under any one or more of the articles and sections shall in' no way void or al ter the remalnlng obligations of the parties. The parties expressly represent. that the headings bf each paragraph are solely for purposes .of ,convenience and are not to be construed as controlling. 15 J 6.12 Eaui table Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal~ which was legaLly and beneficially acquired by Hu'sband and Wife, or either' of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that . they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceabilitv'and'Consideration. This Agreement shall survive any action for divorce .and. decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may,be brought,' either at law or in equity, to enforce the, terms. of the Agreement by either Husband or_Wife until it shall .have been fully satisfied and performed. The. consideration for this contract and agreement is the mutual benefi ts to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined 16 , ..;: through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all. attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. WITNESSED BY: / /;e2/oh 1/ ~%~ BETH A. FROMM, WIFE ~)I/(/{p . ~ ry}J ~/~/'/J CURTIS M. FROMM, HUSBAND 17 ~ o -n ~ H1 ~ :.::J (;"::'J " ~::> " --' (-- I CD - -' I :'~,; ~. -_! "..".... , .. l \"T1 '-) ~D -< 'JAM 0 9 2007 D"€ BETH A. FROMM, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . vs. : No. 05-3426 CIVIL TERM CURTIS M. FROMM, Defendant/Respondent CIVIL ACTION - AT LAW IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. 993101 et seq.,; and WHEREAS, Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206( d)(3) of the Employee Retirement Income security Act of 1974 ("ERISA"; and WHEREAS, Petitioner and Respondent 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 Curtis M. Fromm, whose current address is 4201 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 11011, who was born on October 14, 1951, and whose social security number is xxx-xx-5476. (b) Alternate Payee shall mean Beth M. Fromm, whose current address is 4014 Cherokee Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, who was born July 22, 1959, and whose social security number is xxx-xx-3027. (c) Plan shall mean Exel Retirement Savings Plan. (d) Plan Administrator shall mean Exel, Inc. (e) Valuation Date shall mean September 30,2005. 2. The Alternate Payee is the Spouse of the Participant. 3. With respect to marital property, alimony or spousal support awards, the Participant and fr: ~ ~.JQ U~S~ C,t~., I'C Ot.1: wet.. ::d LU u..::r: t- tL o -= <:::) N :;c a.. =~ ..c1' -? r-- = = ~ ~~ ::.J (.) Alternate Payee are considered married for federal income tax purposes. 4. Participant and Alternate Payee were married on October 8, 1911, and were legally separated on July 9, 2005. 5. The Alternate Payee's interest in the Plan shall be $96,890.20 as of the Valuation Date. 6. 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. 7. 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. 8. The Alternate Payee IS entitled to earnings (dividends, interest, gain and losses) on his/her award from the Valuation Date to the date that the award is segregated from the Participant's Plan account. 9. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company LLC, 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 or form of benefit or option not otherwise available to the Participant under the Plan; (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. 11. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan I Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 12. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Domestic Relations Order. Attorney for Petitioner: Marlin L. Markley 2108 Market St., Camp Hill, PA 17011 ~ _// ~., ---- / ---- '/71;-763-1 0 . Attorney for Respondent: Anthony T. McBeth 401 N. Front St., Harrisburg, P Date: '/4 /2vo'7 BY THE COURT: :li ?~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~+.~+.+.~~~~~~~~~~~~~~~~~~~~~+.+.~~~++.+.++~+.+~+~~~+~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY :r Lot. ? t'}... ~ '2.' I -. Beth A. Fromm STATE C)F BE'l'B A. FROMM, Plaintiff VERSUS CURTIS M. FROMM, Defendant AND NOW, DECREED THAT PENNA. No. 200S - 3426 [)ECREE IN DIVORCE , 2007, IT IS ORDERED AND , PLAINTIFF, Curtis M. Fromm , DEFEN DANT, 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 attached Separation and Property Settlement Agreement dated January 12, 2006, is incorporated, without merger, herein. AND J. ATTEST: / PROTHONOTARY tl,l' 3? 4ff n&'?J!/,J >' L' / ll?f7,7 #' Jf-. y r v I_ . 'nrZ'''} $:;"'- .4;1 . ,"'7."' i. ,j L / (r'!}'1zy( fri .... IF ' / .