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Home My WebLink About01-3833 . ' , -., y, ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JASON M. CARRUTHERS, Plaintiff No. 01-3833 Civil Term VERSUS KELLIE S. CARRUTHERS, Defendant IN DIVORCE DECREE IN DIVORCE AND NOW, j') e..L(! v1-J lu cY:.J Lee I , IT IS ORDERED AND (<1 DECREED THAT JASON M. CARRUTHERS , PLAI NTI FF, KELLIE S. CARRUTHERS AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Marital Settlement Agreement dated May 25, 2001, are incorporated but not merged into this Decree in Divorce. By TH E PROTHONOTARY J. ,or .~ OJ:, J""T",W-4>?"t"'('I j,e,sy<':'/ l-t-ttI or ?l:-'?'w J-JOZ) -fl'OJ )ot .. '. SAIDIS SHUFF, FLOWER & UNDSAY '.ATlURNEYSoAToLAW 26 W. High Street Carlisle, P A . . . I "-, J I JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- 3833 CIVIL TERM : IN DIVORCE V5. KELLIE S. CARRUTHERS, Defendant PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this (~)S. . day of /?/>:J~SI / 2001, between JASON M. CARRUTHERS, of 507 Sarah Court, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D KELLlE S. CARRUTHERS, of 5815 Spring Tree Court, Enola, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 14, 1993 in Holyoke, Colorado; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 01 - 3833 Civil Term; and R.3: The parties' hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between SAID IS SHUFF, FLOWER & UNDSAY . 'tl1TORNElSoAToLAW 26 W. High Street Carlisle, P A " lr , , them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 507 Sarah Court, Mechanicsburg, Cumberland County, Pennsylvania. The marital home shall be listed for sale with a real estate agent satisfactory to both parties. Upon the sale of the marital home, the parties will equally divide the proceeds after payment of the usual costs of sale. Pending the sale, HUSBAND will reside in the marital home, and the parties will contribute to the mortgage in the same proportion as they have heretofore. SAIDIS SHUFF, FLOWER & UNDSAY , .nTORNnSoATo/.AW 26 W. High Street Carlisle. P A . . , , " , , (4) DEBT: A. MARTIAL DEBT: The parties have no marital debt of any substance. Any o igations which are joint obligations or which the parties consider to be marital obligations s II be paid from a joint account before being divided as set out hereafter. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on February 28, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. HUSBAND will retain the 1993 Chevrolet Truck, and WIFE will retain the 1998 Grand Prix. WIFE will be solely and exclusively responsible for the payment of the loan to Intrust Bank and shall indemnify and hold HUSBAND harmless on account of any loss thereon. SAIDIS SHUFF, FLOWER & UNDSAY "ATI'ORNEYSoAToUW 26 W. High Street Carlisle, PA , ' , I '-- (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they have attached hereto as Exhibit "A" all tangible personal property which shall be WIFE's. WIFE will remove the property on Exhibit "A" from the marital home at least ten (10) days prior to its sale. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Notwithstanding the above paragraph, the parties will pay from their joint checking account at Commerce Bank in the approximate amount of $8,000.00 such bills as they shall agree prior to the sale of the marital home. From the joint savings account at Commerce Bank, HUSBAND will receive three-quarters of the balance of that account in the approximate amount of $24,700.00 after payment of any bills upon which the parties can agree. The parties shall not remove any funds from the Commerce accounts without the express agreement of the other. WIFE will retain her savings account at Community First National Bank in the approximate amount of $18,200.00. Further, the parties will equally divide the approximately 115 shares of Purina Stock within ten (10) days of the date of this Agreement. The parties will execute any and all documents required to affect the division. The AIM, Putnam and Franklin Templeton Mutual Funds in the approximate amounts of $12,880.00, SAID IS SHUFF, FLOWER & LINDSAY " "ATI'ORNEYSoAToLAW 26 W. High Street Carlisle. P A ~,.,:<,": , . , , .. $4,780.00 and $5,720.00 respectively. Within ten (10) days of the date of this Agreement, the parties will execute whatever documents are required by the mutual funds to effect the transfer. The division shall be without tax consequence to either party. By Qualified Domestic Relations Order WIFE will transfer to HUSBAND one-half of her 401 (k) plan with Purina Foods. Within ten (10) days of the date of this Agreement, WIFE will provide to HUSBAND's counsel the requirements for the preparation of a Qualified Domestic Relations Order with the Plan administrator for the 401 (k) plan. WIFE will cooperate in the signing of a Qualified Domestic Relations Order equally dividing the plan within five (5) days of its presentation to her by Husband's counsel. HUSBAND waives any and all interest which he may have in WIFE's stock options. (8) ALIMONY: WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND is represented by Carol J. Lindsay, Esquire, and WIFE has been advised that she may be represented by counsel of her choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not SAIDIS SHUFF, FLOWER & UNDSAY ATlURNEYSeATeLAW 26 W. High Street Carlisle. PA '~-"I;" I, the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) 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. (11) INCOME TAX: 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 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. (12) ATTORNEYS FEES: WIFE will pay to HUSBAND one-half of his attorney's fees and the cost of filing a Complaint in Divorce. WIFE will make payment of this obligation within ten (10) days of presentation of a statement to her by HUSBAND for attorney's fees and costs. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other SAlOIS SHUFF, FLOWER & UNDSAY . ATrORNEYS.AToLAW 26 W. High Street Carlisle. P A party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. SAID IS SHUFF, FLOWER & UNDSAY " ll.1TORNEYSoAToLAW 26 W. High Street Carlisle. PA " , , (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; SAIDIS SHUFF, FLOWER & UNDSAY . ATI'ORNEYSoAToLAW 26 W. High Street Carlisle. P A , . . . 0{ < . G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. SAIDIS SHUFF, FLOWER & LINDSAY ATlURNEYSoAToLAW 26 W. High Street Carlisle. P A 't,~" !:\.;~":.':~',:)'fc~. I . , . . . (. . . (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM JASON M. CARRUTHERS, Plaintiff KELLlE S. CARRUTHERS, Defendant IN DIVORCE 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 Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant, Kellie S. Carruthers, dated July 28, 2001 and filed July 5, 2001. 3. (Complete either paragraph (a) or (b)), (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff December 10, 2001; by the Defendant December 1, 2001. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: _ 4. Related claims pending: 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 Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: December 18, 2001. Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: December 18, 2001. 0 '0 f' (\ ~ --{:::. 0 ~ '5 , L , . JASON M. CARRUTHERS, Plaintiff V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- JF'J.3 CIVIL TERM IN DIVORCE KELLlE S. CARRUTHERS, Defendant NOTICE 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, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlOIS SHUFF, FLOWER & LINDSAY SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A 1)4 C~r J. Lindsay, Esquire I D 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 By: SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYSoAToLAW 26 W. High Street Carlisle, P A . I , , JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- 3 ~ 33 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant : IN DIVORCE COMPLAINT JASON M. CARRUTHERS, Plaintiff, by his attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Jason M. Carruthers, who currently resides at 507 Sarah Court, Mechanicsburg, Cumberland County, Pennsylvania, where he has resided since 1999. 2. The Defendant is Kellie S. Carruthers, who currently resides at 5812 Spring Tree Court, Enola, Cumberland County, Pennsylvania, where she has resided since February, 2001. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 14,1993 in Colorado. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6, The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAlOIS SHUFF, FLOWEij. & LINDSAY . AITORNEYSeATeLAW 26 W. High Street Carlisle, P A .. T I 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. Date: WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: u / 2/11) I / SAIDIS SHUFF, FLOWER & LINDSAY A ITORNEYSoAToLA W 26 W. High Street Carlisle, P A . ~ f I VERIFICATION I, the undersigned, hereby verify that the statements made herein 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: ~-s-'cJ( JUN 0 7 200f SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle, P A , , 1- JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter lel;;B I Dl Date SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LA W 26 W. High Street Carlisle. P A " ~,r"';""?'l . , . , JASON M. CARRUTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S;3301 (c) of the Divorce Code was filed on June 22,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. :.Jason M. Carruthers, laintiff 1:21101 ~' '- )'" SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A II i i ji I , . , , JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.c.S. 4904 rating to unsworn falsification to authorities. son M. Carruthers, Plaintiff 17/;()/O ( I { t Date: Q d ,.. ('I Co ~ o o ~ ..... -.' - - SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A . . I , '. ' JASON M. CARRUTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under s;3301 (c) of the Divorce Code was filed on June 22, 2001 : 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Ihe S. Carruthers, Defendant Date: lZi \ (0 l C) c.. :~: '"-~ lJ Y1 . -) "-.) ---1 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A . . . , , '. ' JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: r...:>>) "':J , , ,"') I t-.";. ~.) --1 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A . . I , JASON M. CARRUTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S;3301 (c) of the Divorce Code was filed on June 22, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ;-"'J . ''1'1 -) ~-- -." t "'-,) .....J SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A " . .! '. ' JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ..., ':', ;') I ",-...(- :.J ...J SAIDIS lUFF, FLOWER ~ LINDSAY ,1TORNEYS-AT-LAW 6 W. High Street Carlisle, P A II MAR 1 2 200~) JASON M. CARRUTHERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01- 3833 CIVIL TERM V5. KELLlE S. CARRUTHERS, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELA nONS ORDER PURINA MILLS RETIREMENT SA VINGS PLAN NOW, this 13 }L, day of y VI Jj cL, , 2002, upon the Agreement of the parties, it is hereby ordered and directed as follows: A. Definition of Terms. 1. The term "Domestic Relations Order" means a Judgment, Decree, or Order (including approval of a property settlement agreement) which: (a) Relates to the provision of child support, alimony/maintenance payments, or marital property rights to a spouse, former spouse, child or other dependant of a Participant; and (b) Is made pursuant to a state domestic relations law. 2. The term "Qualified Domestic Relations Order" means a Domestic Relations Order which: (a) Creates or recognizes the existence of an Alternate Payee's right to, or assigns to an Alternate Payee the right to, receive all or a portion of the benefits payable with respect to a Participant under a qualified retirement plan; (b) Clearly specifies certain facts, as set forth in Paragraph B, herein; (c) Does not alter the amount or form of benefits under a plan, as set forth in Paragraph C herein. 11 ~ I ; I ! : '_;'..,i ,::J ------- - -- SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LA W 26 W. High Street Carlisle, P A 3. The term "Participant" means the employee. The Participant's name, Social Security Number, date of birth, and last know mailing address are as follows: NAME: SS#: DIalS: MAILING ADDRESS: Kellie S. Carruthers 508-84-6723 December 11, 1972 4106 Nantucket Drive Mechanicsburg, PA 17050 4. The term "Alternate Payee" means a spouse, former spouse, child, or other dependent of a Participant who is recognized by a Qualified Domestic Relations Order as having a right to receive all, or a portion of, the benefits payable under a plan with respect to such Participant, and, for purposes of the Employee Retirement Income Security Act of 1974 (herein called 'ERISA"), shall be considered a beneficiary under the plan. The Alternate Payee's name, Social Security Number, date of birth, and last know mailing address are as follows: NAME: SS#: DIalS: MAILING ADDRESS: Jason M. Carruthers 507 -94-0723 September 1, 1971 80 Bali Hai Road Mechanicsburg, Pennsylvania 17050 S. Factual recitals required and provisions regarding the certain andlor assignment of retirement benefits. The following facts are relevant to the creation andlor assignment of retirement benefits provided herein and are required by Section 414(p )(2) of the Code. 1. Name of the plan to which this Order applies: Purina Mills Retirement Savings Plan (hereinafter the "Plan"). SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle, P A 2. The Alternate Payee shall receive fifty (50%) percent of the Participant's vested Account balance in the Plan determined as of February 15, 2001, payable ratably from each of the Participant's vested Plan Accounts, other than a loan account. Such amount shall be adjusted for investment gains and losses from the determination date until the date of distribution to the Alternate Payee. 3. Number of payments or period to which this Order applies: Until all sums due the Alternate Payee are paid. C. Covenants regarding nonalteration of benefits. Pursuant to Section 414(p)(3) of the Code. The Order: 1. Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; 2. Does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and 3. Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. Payment of retirement benefits as provided herein shall be made to the Alternate Payee in the form of a lump sum rollover into an IRA designated by the Alternate Payee and shall be paid as soon as permissible under the terms of the Plan. E. Miscellaneous provisions. 1. It is intended that this Order will qualify as a Qualified Domestic Relations Order and that the provisions herein shall be administered and interpreted in conformity with the law. SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle, PA 2. This Order is issued pursuant to Pennsylvania law relating to the provision of child support, alimony payments, or marital property rights of a spouse, former spouse, child, or other dependent of the Participant. 3. The Court retains jurisdiction to amend this Order, but only for the purpose of establishing or maintaining its qualification as a Qualified Domestic Relations Order; provided. that. no such amendment shall require the Plan to provide any type or form of benefit or any option not otherwise provided under this Plan; provided. further, that no such amendment or the right of the Court to so amend will invalidate this Order as "qualified". 4. A certified copy of this Order shall be served upon the Plan Administrator forthwith. Said Order shall take effect immediately and remain in effect until further Order of Court. IT IS THEREFORE, BY THE COURT CONSIDERED, ORDERED, ADJUDGED AND DECREED that the above and foregoing constitute and are incorporated herein as the Order of this Court. iT IS BY THE COURT SO ORDERED. J. o C ..:: o \,.J G~ ,\ o t-> '> ~ " 9-' ~ ~)' ,~)\.." ...- "',>"' C'! ----. .~ ... ., '; J \ o~ {:~: ,j .-c ".... . . '~~t. -'~"P <J'- .- ':~ t1, - :-c 7"--.) (p ~ <S'" ~