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MARIT ALBRTTLEMENLAGREEMENT
THIS AGREEMENT, made thi~ay of 0.y ctd--. 2001, by and
between RALPH G. SPONTAK, hereinafter referred to as "HUSBAND", and BONNIE J.
SPONT AK, hereinafter referred to as "WIFE".
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on August 27, 1977, in Pittsburgh, Pennsylvania;
WHEREAS, two (2) children were born of this marriage; being Meghan Spontak, born
December 14,1981 and Andrew Spontak, born March 7,1984;
WHEREAS, it is the intention of the parties to settle fully and finally their respective
financial and property rights and obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (1) the settling of all matters between
them relating to the ownership of real and personal property; (2) the settling of all matters
between them relating to the past, present and future support and/or maintenance of HUSBAND
and WIFE; (3) the settling of all matters between them relating to the past, present and future
support or maintenance of their minor child, and (4) the settling of all matters between them
relating to any and all rights, titles and interests, claims and possible claims in or against the
estate of the other.
NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof in consideration of the foregoing recitals, the
mutual promises, covenants and undertakings herein set forth, and for good and valuable
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consideration, receipt of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as
follows:
1. ADYLCROE_COl.INSEL
HUSBAND and WIFE declare that they have each had a full and fair opportunity to
obtain independent legal advice of counsel of their selection. WIFE has been independently
represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal
representation and declares that he has chosen not to retain an attorney notwithstanding the fact
that attorney for WIFE has told him that he has an absolute right to be represented by an
attorney. HUSBAND has chosen instead to negotiate directly with counsel and/or with his
WIFE. HUSBAND hereby acknowledges that he has done so willingly and the he fully
understands the facts and has been fully informed and understands that, had a Court decided this
matter, he may have received more or less than is provided for in this Agreement. HUSBAND
knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to
attack the validity of this Agreement.
Both parties further acknowledge and agree that each has fully disclosed their respective
financial situations to the other, including their assets, liabilities and income. Each of the parties
acknowledge and agree that, after having received such information and with such knowledge,
this Agreement is fair, reasonable and equitable and that it is being entered into freely,
voluntarily and in good faith and that the execution of this Agreement is not the result of any
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duress, undue influence, coercion, collusion and/or improper or illegal Agreement.
2. PERSONALRIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference or authority, direct or indirect, by the other in
all respects as if she or he were unmarried, except as may be necessary to carry out the provisions
of this Agreement. Each may reside at such place or places as she or he may select. Each may,
for his or her separate use or benefit, conduct, carryon and engage in any business, occupation,
profession or employment which to him or her may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness
of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and
WIFE shall not molest, harass, or malign the other or the respective families of each other, nor
compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with
the peaceful existence, separate from each other.
3. DEBTB
Each party represents that they have not contracted any debt or liability for the other for
which the estate of the other party may be responsible or liable except as otherwise provided
herein, and that except only for the rights arising out of this Agreement, neither party will
hereafter incur any liability whatsoever for which the other party or the estate of the other party
will be liable. Each party agrees to indemnify and hold harmless from and against all future
obligations of every kind incurred by them, including those for necessities. To the best of the
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parties' knowledge, the parties affirm no other joint debts exist. All joint credit cards or other
obligations are to be immediately canceled if not done so already.
4. WAIYERD..E.AP..flUlSAL..ANllJNYENTORY
The parties acknowledge and agree that they have each had an opportunity to value or
have appraised any and all marital property, and they do hereby waive a formal appraisal and
inventory of same, and no statement or representation by either party as to value shall be deemed
a misstatement or misrepresentation to the other or be deemed fraudulent.
5. MARITAL ANnj'lON~RITAL.ASSETS
HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-
marital assets and marital assets including but without limitation, jewelry, clothes, furniture, and
other assets wherever situated whether real, personal or mixed, tangible or intangible, and
HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate
property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the
sole and separate property of HUSBAND. Each of the parties do hereby specifically waive,
release, renounce and forever abandon whatever claims, if any, he or she may have with respect
to any of the above said items which are the sole and separate property of the other.
This document shall constitute a bill of sale for said sole property.
6. REALESTATE
The parties own property, as tenants by the entireties, located at 806 Meadow Lane,
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Camp Hill, Cumberland County, Pennsylvania which is subject to a mortgage due and owing to
Donegal Mutual Insurance Company with the approximate balance of Fifty Thousand Dollars
($50,000.00). With the execution of the Deed attached as Exhibit "A" simultaneously with the
signing of this Agreement, HUSBAND agrees to convey all his rights, title and interest in this
real estate to WIFE upon the condition that Wife agrees to assume responsibility for the payment
of the unpaid balance of the mortgage, together with any interest, penalties and costs, as well as
any other taxes, insurance and any debts associated with the real estate. WIFE hereby agrees to
indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment
of the mortgage or any other debt associated with the real estate by her. HUSBAND has
represented that the mortgage will not be called although same is issued through his employer.
HUSBAND warrants he knows of no other assessment, liens, or encumbrance relating to said
real estate.
The parties also owned property as tenants by the entireties located in Stone Harbor, New
Jersey. Said property was sold in 2000 and the proceeds were distributed between the parties to
their mutual satisfaction. The parties acknowledge that all capital gains tax liability on said sale
was handled in the 2000 joint tax filing year.
7. MOTOR VEHICLES
At the time of the parties' separation, WIFE drove a leased vehicle. After separation,
WIFE traded in this vehicle and purchased a Honda Accord. HUSBAND waives any claim to
WIFE's subsequently titled Honda Accord or any interest or liability in the leased vehicle.
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The parties also owned a 1997 Bravada at the time of their separation. After separation,
this vehicle was traded in for a 2001 Honda Civic which was titled in WIFE's name for benefit of
the parties' daughter. HUSBAND waives any claim to the subsequently titled Honda Civic. It
is WIFE's intention to transfer the 2001 Honda Civic to the parties' daughter. When in her sole
discretion, WIFE shall determine that this transfer shall be appropriate. It is specifically noted
that the parties do not intend the terms of this Paragraph to create any specific enforceable rights
or entitlements by the parties' daughter to said vehicle unless WIFE shall so determine
appropriate.
HUSBAND shall have sole title and ownership of the parties' 2000 Bravada.
HUSBAND's vehicle is unencumbered. WIFE waives any claim or interest in said 2000
Bravada.
8. E~OYMENTj~SIDN~NEElTB
HUSBAND has various employment/retirement benefits which were acquired through his
employer, Donegal Mutual Insurance Company.
a. 401k. HUSBAND warrants that all of his retirement benefits from his employment at
Donegal Mutual Insurance Company are presently contained in his 401k Plan (hereinafter
referred to as the "Pension"). HUSBAND warrants that this account contains a consolidated
amount which had been previously designated as his Money Purchase Pension Plan, his Profit
Sharing Plan and his 401k sub-accounts.
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The parties agree that WIFE shall receive the sum of Two Hundred Fifty Thousand
Dollars ($250,000.00) from HUSBAND's Pension. Said sum shall be rolled over to WIFE via a
Qualified Domestic Relations Order (or QDRO). A copy of the proposed QDRO is attached as
Exhibit "B". WIFE's counsel shall be responsible for the preparation and submittal to the Court
of the QDRO. HUSBAND agrees to cooperate fully so that this transfer is completed as
expeditiously as possible. The parties agree that said QDRO shall be approved and qualified
prior to the entry of the divorce decree in their divorce action.
The balance of the Pension shall be HUSBAND's sole and separate property.
b. Donegal Group Inc. Stock. The parties agree that WIFE shall receive a total of Nine
Thousand Six Hundred (9600) shares of Donegal Group Inc. stock. Of these Nine Thousand Six
Hundred (9600) shares, Six Thousand Four Hundred (6400) shall be Class A stock and Three
Thousand Two Hundred (3200) shall be Class B stock. HUSBAND shall effectuate this transfer
within fifteen (15) days of the execution of this Agreement and said transfer shall be completed
in a method not to evoke capital gains tax for WIFE.
WIFE hereby waives any and all claims that she may have to any other employment,
stock benefits and pension benefit of HUSBAND.
9. BANK ACCOUNTS
Each party shall have sole possession of the bank accounts in their own names.
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10. 2ft00 INCOMRTAX.REFUND
The parties filed jointly for the 2000 Income Tax filing year. The parties agree that they
have equally divided the federal tax refund of Four Thousand Eight Hundred Dollars
($4,818.00). The parties further agree that they shall equally divide any refund that is issued as a
result of the legislation enacted by the federal government in 2001.
11. LUMP SUM PAYMENT
Within fifteen (15) days of the execution of this Agreement, HUSBAND shall pay WIFE
the sum of Five Thousand Seven Hundred Sixty Dollars ($5,7860.00).
12. INSURANCE
Each party shall retain ownership of any life insurance policy in his or her name.
HUSBAND, at his sole cost and expense, shall maintain insurance coverage on his life which is
equal to the sum of Five Hundred Forty Six Thousand Dollars ($546,000.00). Said coverage
shall name WIFE as irrevocable beneficiary and remain in effect for as long as HUSBAND has
an obligation to pay alimony pursuant to Paragraph 15 of this Agreement. The parties agree that
each year, on the anniversary date of the execution of this Agreement, the amount of coverage of
this life insurance which names WIFE as irrevocable beneficiary can be reduced in accordance
with the Schedule marked as Exhibit "C" and attached to this Agreement.
HUSBAND shall provide proof of compliance with this paragraph to WIFE within thirty
(30) days from the execution of this Agreement and on an annual basis on the anniversary date of
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this Agreement each year after until his obligation under this paragraph ceases.
HUSBAND shall also, at his sole cost and expense, maintain his AICP A Insurance Trust.
HUSBAND understands that his continuation of coverage is necessary for the continuation of
life insurance for WIFE through AICP A at her own costs and expense. This can be discontinued
only upon (1) expiration of ten (10) years from the date of this Agreement, (2) the mutual
consent of the other, or (3) WIFE discontinues her coverage. Each party is free to designate their
own beneficiaries for this insurance.
13. MUTUAL WAIVER ANDRELEASE OF--RIGHTS AND CLAIMS
CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980,AS
AMENDED
HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are
fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in
this Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for equitable distribution,
alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their
support and maintenance before, during and after the commencement of any proceeding for
divorce or annulment between the parties.
14. AFTER ACQUIRED PERSONAL PROPERTY/FUTURE EARNINGS
Each of the parties shall hereafter own and enjoy independently of any claim or right of
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the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND
or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were unmarried.
15. ALIMONY.BUI~I~ORT..ANDMAINTENANCE
A. AItlilllIlLandTerm:. HUSBAND shall pay WIFE, for her separate support and
maintenance, the following sums in accordance with the following terms:
1. Commencing on the date of divorce and continuing for three (3) years
thereafter, the monthly sum of Four Thousand Dollars ($4,000.00) per
month;
2. After completion of the payments contained in paragraph 15a.,
HUSBAND shall pay the sum of Four Thousand Five Hundred Dollars
($4,500.00) per month for a period of three (3) years;
3. After completion of the payments contained in paragraph 15b.,
HUSBAND shall pay the sum of Five Thousand Dollars ($5,000.00) per
month for a period of four (4) years;
B. Termination of Alimo~ Said payments shall terminate upon the first to
occur of one of the following events:
1. Death of Wife;
2. Death of Husband;
3. Wife's remarriage or cohabitation; or
4. The completion of the payments outlined above.
C. Modification of Alimony: The alimony provisions contained herein have been
negotiated to take into account the parties' overall economic circumstances and were agreed to
by both parties with the specific understanding that the amount thereof shall not be subject to
modification except for the extraordinary reasons identified in this subparagraph. This
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understanding was an inducement and condition precedent to the execution of the overall
Agreement. The parties agree that the amounts set forth in paragraph 15 A above may be
modifiable only if Husband incurs a 20% involuntary reduction, through no fault of his own, of
his gross annual income, which HUSBAND indicates is presentlyTwo Hundred Fifty Four
Thousand Dollars ($254,000.00).
If this reduction occurs, the parties agree to renegotiate the amount of alimony. In the
event that the parties cannot reach an agreement, the new amount shall be determined by the
Court of Common Pleas of Cumberland County. In such event, HUSBAND agrees to pay any
and all costs incurred by WIFE, including but not limited to filing costs and reasonable attorney
fees and expenses, associated with the modification of the alimony provisions contained herein.
It is agreed that the term of the alimony shall not be modifiable.
D. TaxabiliLyof.P8}'Illents: It is the understanding of the parties that these
payments will be fully deductible for HUSBAND for Federal Income Tax purposes and
includable as income for WIFE.
E. Method of Pa}'IDent and Enfurceab~: HUSBAND shall make these
payments directly to WIFE. Payments will be due the first day of each month during the term of
this Agreement. The parties agree that, in the event HUSBAND does not make a payment within
five (5) days of the due date, this Agreement shall be in default. WIFE shall be entitled to refer
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this Agreement to the Domestic Relations Section of the Court for entry of an order in
accordance with the terms of this paragraph. The entry of the Order is for collection and
enforcement purposes only. HUSBAND shall pay in full all costs, including counsel fees,
incurred by WIFE to enforce this Agreement in the event of his default.
16. ATTO.RNRYEEES._CQST~ANn~XI'ENSES
HUSBAND agrees to reimburse WIFE one-half (112) of the monies she has expended in
attorney fees, costs and expenses, including the filing fee for the divorce complaint and drafting
of the QDRO within seven (7) days of presentation of a copy of the invoices by WIFE until the
matter is concluded. HUSBAND's total share shall not exceed Two Thousand Five Hundred
($2,500.00) .
17. CllSTODY AND_YJSITATlON
HUSBAND and WIFE shall have shared legal custody of the parties' minor child.
Primary physical custody of the children shall be in WIFE. HUSBAND shall have flexible rights
of physical custody, as the parties and children can agree.
18. CHILD--.S.~~ORT
HUSBAND agrees to pay the sum of One Thousand Four Hundred Dollars ($1,400.00)
per month as child support of the parties' minor child, Andrew, which payments shall commence
and fall due thereafter on the first day of each an every month. Child support shall terminate
upon Andrew's graduation from high school or upon Andrew's leaving high school; however, if
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Andrew leaves high school prior to his 18th birthday, support will then terminate on his 18th
birthday. This sum is subject to review and modification by the Domestic Relations Office of
Cumberland County upon petition of either party.
19. OTHER..OBLIGATIONS
HUSBAND shall be solely and entirely responsible for Andrew's tuition, room and
board, books, uniforms and other expenses during his enrollment at Valley Forge Military
Academy.
HUSBAND shall carry medical insurance coverage on both children for as long as they
qualify as a dependant under HUSBAND's employer provided health insurance. HUSBAND
shall be solely responsible for all unreimbursed medical expenses for both children during this
time.
The parties's oldest child, Meghan, is presently attending college. It is the parties' desire
and expectation that their youngest child will either attend college or further his education
beyond high school. The parties agree that the monies from the children's Fidelity and Savings
accounts shall be used for the payment of the children's post-high school education and
HUSBAND shall provide an accounting of same to WIFE on an annual basis. If any sums are
left after payment of the educational expenses, it shall be divided equally between the parties.
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20. TA-X-RETllRNS
The parties agree that in the future, if any penalties or interest or any liability for failure
to declare income or the wrongful claiming of any deduction shall be assessed by the United
States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a
consequence of the parties' Federal and State income tax returns which were filed jointly by the
parties, said tax, penalties or interest shall be the sole responsibility of the party that failed to
declare taxable income or wrongfully took a deduction and shall be paid solely by that person
and hereby covenants and agrees to hold the other party harmless from any penalty, interest or
liability for such reason arising out of the failure to declare income or the wrongful deduction on
any past tax return.
21. SUBSRQllENT.lllYllRCE
A decree in divorce, entered by a court of competent jurisdiction to either party, shall not
suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent
Decree concerning the provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a
resolution of any divorce action filed. This Agreement, and the terms and conditions contained
herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties
hereto agree to execute at the expiration of ninety (90) days from service of the complaint and the
qualification of the QDRO by the Plan Administrator, the appropriate affidavits and consents to
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secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both
parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a
separate Court Order but shall not merge in such order in the Court of Common Pleas of
Cumberland County, Pennsylvania.
22. OTHER DO~UMENTATlnN
HUSBAND and WIFE covenant and agree that upon request of the other party, they will
forthwith execute and deliver to the other party, any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
23. MlITUALWAlYERAND_RELEASE OF RIGHTS AND CLAI~lli
ESTATE
Each party hereby releases, waives and relinquishes any and all rights which he or she
may now have, or may hereafter have, against the other party under the present or future laws of
any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to
act as executor/rix or administratorlrix of the other party's estate.
24. MUTDALRELEASE
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or claims in or against the property
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(including income and gain from property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which she or he now has or at any time
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of widow's or
widower's rights, family exemption or similar allowance, or under the intestate laws, or the right
to take against the spouse's will, or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of
the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have
or at any time hereafter have for the past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof.
Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter,
sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the other to be probated and allow
administration upon his or her personal, real or mixed estate and allow effects to be taken out by
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the person or persons who would have been entitled to do so had HUSBAND or WIFE died
during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any
and all right to act as executor or executrix or administrator or administratrix of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Marital Settlement Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof.
25. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assIgns.
26. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
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27. ENTIRRAGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all
of the representations, promises and Agreements made by either of them to the other for the
purposes set forth in the preamble hereinabove; that there are no claims, promises or
representations not herein contained, either oral or written, which shall or may be charged or
enforced or enforceable unless reduced to writing and signed by both of the parties hereto.
28. BINDING EFFECT OF AGREEMENT/W AIYER
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature, nor shall such failure be construed as a waiver
of any other term, condition, clause or provision of this Agreement.
29. BREACH
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as may be available to him or her, and the party breaching this contract shall be responsible
for payment of reasonable legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
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30. CONTROLLlNG.LAW
This Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania.
31. CONDIT~PRECEDENT TfrTHRAGREEMENT'S EFFECTIYENESS
The parties acknowledge that this Agreement shall become effective when actually signed
by both parties.
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WITNESS
<
A5C7lflLU / ifr.~;t;k.,
BONNIE J. SP NT K
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.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF //~4.-L~
c/
)
) SS.
)
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared RALPH G. SPONTAK, who being duly affirmed according to
law, deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to the best of his knowledge, information and belief.
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Affirmed and subscribed to before me this _J .
day ot-l'h ~T, 2001,
(~o~
NOTARY PUBLIC
. NOTARIAL SEAL
My commission xp1rehrt O. Smith, Notary PublIC
Marietta, Lancaster County
My Commission Expires Jan. 10,2005
(SEAL)
COUNTY OF CUMBERLAND
)
) SS.
)
COMMONWEALTH OF PENNSYLVANIA
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared BONNIE J. SPONT AK, who being duly affirmed according to
law, deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to the best of her knowledge, information and belief.
ed a / bscribed to before me this dfi'/day Of~~
v
(SEAL)
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C~h\brt A
EXB.!.B!.T "A"
-
THIS DEED
MADE THE _ day of
,2001.
BETWEEN RALPH G. SPONTAK and BONNIE SPONTAK, his wife, herein designated as
the Grantors,
AND
BONNIE SPONTAK, of Camp Hill, Cumberland County, Pennsylvania, herein designated as the Grantee;
WITNESSE TH, that in consideration of the sum of One ($1.00) Dollar, in hand paid, the receipt
whereof is acknowledged, Grantors do hereby grant and convey to Grantee, her heirs and assigns.
ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County,
Pennsylvania, being more particularly bounded and described as follows, to wit:
BEGINNING at a point in the center of Meadow Lane, which point is 216.5 feet North of the center
line of Foxcroft Drive (formerly Farm Lane); thence South 74 degrees 30 minutes West a distance of250
feet to a point, the land now or formerly ofF. Pertsch; thence North 15 degrees 30 minutes West a distance
of200 feet to the southern line of Lot No. 10 on the Plan hereinafter mentioned; thence North 74 degrees
30 minutes East 250 feet to the center of said Meadow Lane; thence South 15 degrees 30 minutes East
through the center of said lane, 200 feet to a point the place of BEGINNING.
BEING Lots Nos. 6 and 8 on the Plan of Brentwater as recorded in the Cumberland County Recorder's
Office in Plan Book 4, Page 93.
HAVING THEREON ERECTED a dwelling house known as and numbered 806 Meadow Lane.
ALSO UNDER AND SUBJECT NEVERTHELESS, to all easements, restrictions, encumbrances and
other matters of record or that which a physical inspection or survey of the premises would reveal.
BEING the same premises which Bonnie M. McCall, a single individual, by deed dated July 18, 1986
and recorded July 28, 1986 in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Record Book B32, Page 313, granted and conveyed unto Ralph G. Spontak and Bonnie
Spontak, his wife, the Grantors herein.
THIS TRANSFER IS EXEMPT FROM TRANSFER TAX AS
THIS TRANSFER IS FROM HUSBAND AND WIFE TO WIFE
TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights,
liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining;
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every
part and parcel thereof; AND also all the estate, right, title, interest, use, possession, property, claim and
demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described
and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all singular the
" 1
premises herein described together with the hereditaments and appurtenances unto the Grantee and to
Grantee's proper use and benefit forever.
AND the Grantors, for their self, their successors and assigns, does covenant, promise and agree, to and
with the said Grantee, her heirs and assigns, by these presents, that the said Grantors, their successors and
assigns, all and singular the hereditaments and premises hereby granted or mentioned and intended so to
be, with the appurtenances, unto the said Grantee, her heirs and assigns, against them, the said Grantors
and their successors and assigns, and against all and very person and persons whomsoever lawfully
claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall
and will SUBJECT as aforesaid, FOREVER SPECIALLY WARRANT AND DEFEND.
In all references herein to any parties, persons, entities or corporations, the use of any particular
gender or the plural or singular number is intended to include the appropriate gender or number as the text
of the within instrument may require.
Wherever in this instrument any party shall be designated or referred to by name or general
reference, such designation is intended to and shall have the same effect as if the words "heirs, executors,
administrators, personal or legal representatives, successors and assigns" had been inserted after each and
every such designation.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and
year first above written.
Signed, Sealed, and Delivered
In the Presence of
WITNESS
RALPH G. SPONTAK
BONNIE SPONT AK
WITNESS
2
. '
" ,
COMMONWEALTH OF PENNSYLVANIA
)
) SS.
)
COUNTY OF
On this day of ,2001, before me, a Notary Public, the undersigned
officer, personally appeared, to me to be the person whose name is Ralph G. Spontak subscribed to the
within instrument, and acknowledge that he executed the foregoing DEED in the capacity therein stated
and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My commission expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
)
)SS.
)
COUNTY OF
On this _ day of ,2001, before me, a Notary Public, the undersigned
officer, personally appeared, to me to be the person whose name is Bonnie Spontak, subscribed to the
within instrument, and acknowledge that she executed the foregoing DEED in the capacity therein stated
and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My commission expires:
(SEAL)
I hereby certify that the precise residence of the Grantee is:
Bonnie Spontak
806 Meadow Lane
Camp Hill, PA 17011
3
. '
COMMONWEALTH OF PENNSYL VANIA
)
)SS
)
COUNTY OF CUMBERLAND
Recorded in the Office for Recording of Deeds in and for _
in Deed Book
, Volume
, Page
Witness my hand and Seal of Office this _ day of
4
~ I I 'I
2001.
Recorder
.' I
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EXHIBIT "B"
I ,I '4
. '
. ,I t
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BONNIE J. SPONT AK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
Q-UALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this
day of
,2001, based on the findings set forth herein, it is hereby
ORDERED and DECREED as follows:
1. Parties: The parties hereto were husband and wife and divorce action is in this Court at the
above number. The Court has personal jurisdiction over the properties. The parties were
married on August 27, 1977.
2. Participant Information: The name, last known address, social security number and date
of birth of the plan "Participant" are:
Name:
Address:
Social Security No.:
Birth Date:
Ralph G. Spontak
1876 Gramercy Place, Hummelstown, PA 17036
187-44-7920
June 3, 1952
. '
" \
3. Alternate Payee: The name, last known address, social security number and date of birth
of the "Alternate Payee" are:
Name:
Address:
Social Security No.:
Birth Date:
Bonnie J. Spontak
806 Meadow Lane, Camp Hill, PA 17011
206-44-2987
October 20, 1954
The Alternate Payee shall have the duty to notify the plan administrator in writing of any
changes in her mailing address subsequent to the entry of this Order.
4. Plan Name: The name of the Plan to which this Order applies is the Donegal Mutual
Insurance Company 401K (hereinafter referred to as "Plan"). Further, any successor plan
to the Plan or any other plan(s), to which liability for provision of the Participant's benefits
described below is incurred, shall also be subject to the terms of this Order. Also, any
benefits accrued by the Participant under a predecessor plan of the employer or any other
defined contribution plan sponsored by the Participant's employer, whereby liability for
benefits accrued under such predecessor plan or other defined contribution plan has been
transferred to the Plan, shall also be subject to the terms of this Order.
Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect
Alternate Payee's rights as stipulated under this Order.
5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and
2
'l .
recognizes the existence of an Alternate Payee's right to receive a portion of Participant's
benefits payable under the Plan. It is the intention of the parties hereto that this Order meets
the requirements of a Qualified Domestic Relations Order (QDRO) under S 206(d) (3) of
ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be
administered and interpreted in conformity with ERISA and the Internal Revenue Code.
6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority
granted in the applicable domestic relations laws of Pennsylvania. Pursuant to the laws of
the Commonwealth of Pennsylvania, a portion of Participant's entitlement in the Plan is
marital property.
7. For Provisions of Marital Property Rights: This Order relates to the provision of marital
property rights as a result of the Order of Divorce between the Participant and the Alternate
Payee.
8. Amount of Alternate Payee's Benefit: The Alternate Payee is hereby awarded from the
vested portion of the Participant's accounts under the PLAN the sum of TWO HUNDRED
FIFTY THOUSAND DOLLARS ($250,000.00) plus any increase on same from the date of
the Order until the transfer of these monies, which amount shall be segregated from the
Participant's accounts under the Plan and paid to the Alternate Payee in the form of a direct
transfer to an IRA Account as soon as administratively practicable following the receipt by
the Plan Administrator of a certified copy of this Order, as entered, the determination by the
3
. (1 1
I) .
Plan Administrator that this Order constitutes a qualified domestic relations order and all
appropriate forms necessary to accomplish the transfer to the IRA Account.
9. Loans. Participant has no loans against his benefits in the Plan.
10. Alternate Payee's Destination Account: The funds being transferred to Alternate Payee
shall be transferred to the following account:
Account Name:
Account Number:
Account Address:
Since this transfer is to a qualified account, said transfer is a non-taxable event.
11. Death of Alternate Payee: In the event of the death of the Alternate Payee after the
assignment hereby to the Alternate Payee of the aforementioned amount but before said
amount is paid to the Alternate Payee, the amount shall be paid to the heirs of Alternate
Payee, who are hereby designated as the Alternate Payee's death beneficiaries.
12. Participant has no other alternate payees with respect to the Plan under any other QDRO.
13. This Order is not intended, and shall not be construed in such a manner as to require the Plan
to provide any type or form of benefit option not otherwise provided under the terms of the
Plan.
, (
. ,) .
IT IS FURTHER ORDERED that a true copy of this Order be served upon the Plan
Administrator, and that this Order shall take affect immediately and shall remain in affect until
further Order of the Court. This Court shall retain jurisdiction to modify the same until the sum is
transferred as a Qualified Domestic relations Order.
Entered this __ day of _ u___,2001.
BY THE COURT,
J.
. I I ..
.. () ..
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
ACKNQWLEllGMEl'IT OF URTIESTO~NTRY
OE..STIPULATIOO EOR.AS_ORDER~~COURT
AND NOW, to wit, this
day of
, 2001, the parties in the
above-referenced action do hereby agree that the attached Qualified Domestic Relations Order shall
be entered as an Order of Court.
Witness
RALPH G. SPONT AK
Witness
BONNIE J. SPONT AK
.. " \ .
..
.
AMOUNT OF LIFE INSURANCE REQUIRED
Within 15 days of execution of Agreement
1 st Annual Anniversary of execution of Agreement
2nd Annual Anniversary of execution of Agreement
3rd Annual Anniversary of execution of Agreement
4th Annual Anniversary of execution of Agreement
5th Annual Anniversary of execution of Agreement
6th Annual Anniversary of execution of Agreement
7th Annual Anniversary of execution of Agreement
8th Annual Anniversary of execution of Agreement
9th Annual Anniversary of execution of Agreement
EXHIBIT C
. , I .
Coverage Amount
$546,000.00
$498,000.00
$450,000.00
$402,000.00
$348,000.00
$294,000.00
$240,000.00
$180,000.00
$120,000.00
$60,000.00,
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Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LA W
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 ~3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: United States Mail, Certified Mail,
Restricted Delivery on July 3,2001.
3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce
Code: by Plaintiff December 12, 2001; by Defendant December 18, 2001.
4. Related claims pending: All matters have been resolved pursuant to the Marital
Settlement Agreement reached by the parties dated August 2, 2001 and incorporated, but
not merged into the Decree.
5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary:
December 27,2001. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with
Prothonotary: December 27,2001.
Dated: December 27,2001
(/
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
Barbara Sump1e-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 01-3955
RALPHG. SPONTAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true
and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned
matter upon the following individual by first class mail, postage prepaid, addressed as follows:
Mr. Ralph G. spontak.j., /
1100 W oodridge Drive
Middletown, P A 17057/ /,}
/
DATED: December 27,2001
/
1/
Barbara Sump Ie-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court LD. No. 32317
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Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. OI-.J9SS C'~ll 't-~
CIVIL ACTION - LAW
IN DIVORCE
BONNIE J. SPONT AK,
Plaintiff
RALPH G. SPONT AK,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so the
case may proceed without you and a decree of divorce or annulment may be entered against you
by the Court. A judgement 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 and visitation of your children.
When the grounds for a divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Domestic
Relations Office at the County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17013
(717) 249-3166
Barbara Sump1e-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
BONNIEJ. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01- 39 s:) /) '~. -
~ 0..v--
RALPH G. SPONT AK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Bonnie J. Spontak, an adult individual residing at 806 Meadow Lane,
Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is Ralph G. Spontak, an adult individual residing at 1876 Gramercy Place,
Hummelstown, Dauphin County, Pennsylvania.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth
of Pennsylvania for at least six (6) months prior to filing this complaint.
4. The Plaintiff and Defendant were married on August 27, 1977, in Pittsburgh,
Pennsylvania.
5. There are children born of this marriage, namely Meghan Spontak (born December
14, 1981) and Andrew Spontak (born March 7, 1984).
6. The parties separated on July 1,2000.
7. There have been no prior actions for divorce or annulment between the parties.
8. Neither Plaintiff nor Defendant is in the military or naval service of the United States
or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of
1940 and its amendments.
9. Plaintiff has been advised that counseling is available and that Plaintiff has the right
to request that the court require the parties to participate in counseling.
COUNT I - DIVORCE
NO FAULT
10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are
incorporated herein by reference thereto.
11. The marriage is irretrievably broken and no possibility of reconciliation exists.
WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with
~ 3301 ofthe Pennsylvania Divorce Code.
Dated: June Z ~OO 1
/
~rbara Sumple-Sullivan, Esquire
t ~~torney for Plaintiff
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court LD. No. 32317
2
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 01- 396"',') ~ <-r~
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
AFFIDAVIT REGARDING COUNSELING
1. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
3. Being so advised, I do not require that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A
Section 4904 relating to unsworn falsification to authorities.
Dated: ~ /;1. () / t1 I
, ,
~~~~
BONNIE J. SP TA:
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BONNIEJ. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO.
RALPH G. SPONT AK,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
VERIFICATION
I, BONNIE J. SPONTAK, hereby certify that the facts set forth in the foregoing
COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and
belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
Dated: {p / ,2 0 , 200 I
~~~~
BONNIE J. 0 TAK
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-3955
RALPHG. SPONTAK,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 26, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since 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 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.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: i ~ - f (;(, () I
.6t'71~ W--~
BONNIE J. SPONT K
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Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
BONNIE J. SPONT AK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 26, 2001.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since 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 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. I verify that the statements made in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904
relating to unsworn falsification to authorities.
DATE: 'f<f ~ I
t?II~#
RA H G. SPONTA
."
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared RALPH G. SPONTAK, who being duly affirmed according to
law, deposes and says that the facts and matter set forth in the within and foregoing
AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and
belief.
~A--?- ~L
Affirmed and subscribed to before me this I){ day of , 200 I.
Ji{f~
NOTARY PUBLIC
My Commission Expires:
NOTARIAL SEAL
Sheri O. Smith. Notary Public
Marietta. Lancaster County
My Commission Expires Jan. 10. 2006
(SEAL)
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Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LAW
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. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to
unsworn falsification to authorities.
DATE: I 021/ d. I 0 I
~~~~
BONNIE J. SPO TA
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Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~330l(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary .
I verify that the statements made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
DATE: "'If I
7ii1~4l/
RAU H G. SPONT- K
.".
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COMMONWEALTH OF PENNSYL VANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared RALPH G. SPONTAK, who being duly affirmed according to
law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER
OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~330l(c) OF THE DIVORCE CODE are true and correct to the best of his
knowledge, information and belief.
Affirmed and subscribed to before me this I g- /- i- day of -i;;~ L" 2001.
iLili
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NOTARY PUBLIC
My Commissil m nxplres:NOTARIAL SEAl
SherI O. Smith, Notary PubIIo
Marietta, Lancaster County
(SEAL) My Commission expires Jan. 10, 2GGS
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Barbara Sump1e-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-3955
RALPHG. SPONTAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Barbara Sump Ie-Sullivan, Esquire, do hereby certify that I served a copy of the
Complaint in Divorce in the above-captioned matter by United States Mail, Restricted
Delivery, Certified No. 70000600002838923219, Return Receipt Requested, on the above-
named Defendant, Ralph G. Spontak, on July 3, 2001 at Defendant's last known address: 1876
Gramercy Place, Hummelstown, P A 17036. The original receipt and return receipt card are
attached hereto as Exhibit "A".
I hereby certify that the facts set forth above are true and correct to the best of my
knowledge, information and belief. I understand that any false statements made herein are
subject to penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities.
Dated: July 6, 200 I
l Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
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BONNIE J. SPONT AK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-3955
RALPH G. SPONTAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, thisd8~day of il~OOI, based on the findings set forth herein, it is
hereby ORDERED and DECREED as follows:
1. Parties: The parties hereto were husband and wife and divorce action is in this Court at the
above number. The Court has personal jurisdiction over the properties. The parties were
married on August 27, 1977.
2. Participant Information: The name, last known address, social security number and date
of birth of the plan "Participant" are:
Name:
Address:
Social Security No.:
Birth Date:
Ralph G. Spontak
1876 Gramercy Place, Hummelstown, P A 17036
187-44-7920
June 3, 1952
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3. Alternate Payee: The name, last known address, social security number and date of birth
of the "Alternate Payee" are:
Name:
Address:
Social Security No.:
Birth Date:
Bonnie J. Spontak
806 Meadow Lane, Camp Hill, P A 17011
206-44-2987
October 20, 1954
The Alternate Payee shall have the duty to notifY the plan administrator in writing of any
changes in her mailing address subsequent to the entry of this Order.
4. Plan Name: The name of the Plan to which this Order applies is the Donegal Mutual
Insurance Company 401K (hereinafter referred to as "Plan"). Further, any successor plan
to the Plan or any other planes), to which liability for provision ofthe Participant's benefits
described below is incurred, shall also be subject to the terms of this Order. Also, any
benefits accrued by the Participant under a predecessor plan of the employer or any other
defined contribution plan sponsored by the Participant's employer, whereby liability for
benefits accrued under such predecessor plan or other defined contribution plan has been
transferred to the Plan, shall also be subject to the terms of this Order.
Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect
Alternate Payee's rights as stipulated under this Order.
5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and
recognizes the existence of an Alternate Payee's right to receive a portion of Participant's
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benefits payable under the Plan. It is the intention of the parties hereto that this Order meets
the requirements of a Qualified Domestic Relations Order (QDRO) under S 206(d)(3) of
ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be
administered and interpreted in conformity with ERISA and the Internal Revenue Code.
6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority
granted in the applicable domestic relations laws of Pennsylvania. Pursuant to the laws of
the Commonwealth of Pennsylvania, a portion of Participant's entitlement in the Plan is
marital property.
7. For Provisions of Marital Property Rights: This Order relates to the provision of marital
property rights as a result ofthe Order of Divorce between the Participant and the Alternate
Payee.
8. Amount of Alternate Payee's Benefit: The Alternate Payee is hereby awarded from the
vested portion ofthe Participant's accounts under the PLAN the sum of TWO HUNDRED
FIFTY THOUSAND DOLLARS ($250,000.00) plus any increase on same from the date of
the Order until the transfer of these monies, which amount shall be segregated from the
Participant's accounts under the Plan and paid to the Alternate Payee in the form of a direct
transfer to an IRA Account as soon as administratively practicable following the receipt by
the Plan Administrator of a certified copy of this Order, as entered, the determination by the
Plan Administrator that this Order constitutes a qualified domestic relations order and all
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appropriate forms necessary to accomplish the transfer to the IRA Account.
9. Loans. Participant has no loans against his benefits in the Plan.
10. Alternate Payee's Destination Account: The funds being transferred to Alternate Payee
shall be transferred to the following account:
Account Name:
Account Number:
Account Address:
Merrill Lynch Account
872-83691
214 Senate Avenue, Suite 501
P.O. Box 0810
Camp Hill, P A 17001-0810
Since this transfer is to a qualified account, said transfer is a non-taxable event.
11. Death of Alternate Payee: In the event of the death of the Alternate Payee after the
assignment hereby to the Alternate Payee of the aforementioned amount but before said
amount is paid to the Alternate Payee, the amount shall be paid to the heirs of Alternate
Payee, who are hereby designated as the Alternate Payee's death beneficiaries.
12. Participant has no other alternate payees with respect to the Plan under any other QDRO.
13. This Order is not intended, and shall not be construed in such a manner as to require the Plan
to provide any type or form of benefit option not otherwise provided under the terms of the
Plan.
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IT IS FURTHER ORDERED that a true copy of this Order be served upon the Plan
Administrator, and that this Order shall take affect immediately and shall remain in affect until
further Order of the Court. This Court shall retain jurisdiction to modify the same until the sum is
transferred as a Qualified Domestic relations Order.
Entered this 2:4 day of 6 ~
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BONNIE J. SPONTAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3955
RALPH G. SPONTAK,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ACKNOWLEDGMENT OF PARTIES TO ENTRY
OF STIPULATION FOR AN ORDER OF COURT
AND NOW, to wit, this d /
day of .;) ~7/1 /~ L, 2001, the parties in the
above-referenced action do hereby agree that the attached Qualified Domestic Relations Order shall
be entered as an Order of Court.
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