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HomeMy WebLinkAbout06-0823 Cindy S. Conley, Esquire Howell, Kissinger, Conley & Holst, P.c. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff William R. Grimes IN THE COURT OF COMMON PLE1\S OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 2006- P;;'J CIVIL TERM W1LLI1\M R. GRIMES, Plaintiff Dl1\NE M. GRIMES, Defendant C1VIL 1\CT10N - LAW IN DIVORCE NOTICE TO DEFEND 1\ND CLAIM RIGHTS You have been sued in court. 1f 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 reliefrequested 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 1\ list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT F1LE A CLAIM FOR 1\L1MONY, DlV1SION OF PROPERTY, L1\ WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR 1\NNULMENT IS GR1\NTED, YOU M1\ Y LOSE THE RIGHT TO CLJ\IM 1\NY OF THEM. YOU SHOULD T 1\KE THIS P 1\PER TO YOUR LAWYER 1\ T ONCE. IF YOU DO NOT HAVE 1\ L1\ WYER OR C1\NNOT 1\FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FlND OUT WHERE YOU C1\N GET LEG1\L HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone: (717) 249-3166 AMERICANS WITH DlS1\B1L1T1ES 1\CT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the J\mericans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 1\11 arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A v. ) ) ) ) ) ) ) NO. 2006- P;)j CIV1L TERM WILLl1\M R. GRlMES, Plaintiff DIANE M. GRIMES, Defendant C1V1L ACTlON - LAW IN DIVORCE COMPLJ\INT IN DIVORCE 1\ND NOW comes Plaintiff, William R. Grimes, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who states the following in support of the within Complaint: I. Plaintiff is William R. Grimes, an adult individual who currently resides at 5534 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Diane M. Grimes, an adult individual who currently resides at 17 Kings Arms, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing ofthis Complaint. 4. Plaintiff and Defendant were married on December 6, 1966 in California. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief 1\ct. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Date: 8. The marriage of the parties is irretrievably broken. 9. The parties have lived separate and apart since on or about 1\pril 6, 2003. 10. Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, cgf~LR /'I Cindy S. Conley, squire Howett, Kissin r, Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, P1\ 17108 Telephone: (717) 234-2616 Counsel for Plaintiff William R. Grimes VERIFICATION I, William R. Grimes, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: -::). /6/0& I f ~h~;( j~ illiam R. Grimes p ~ 7-J r::. ..c \t. \\. s> _ tf\ B ~~~ !:6-G"E -+-- -.L.. ~, ~ ~ ~~.!. '::'.0 ~,;." ::~~ :? c,'\ ',"n t.>.} , ..;'::) -','"' :: ~,? ~q (j'l --4. C.:) IN THE COURT OF COMMON PLE1\S OF CUMBERL1\ND COUNTY, PENNSYL V 1\NI1\ v. ) ) ) ) ) ) ) NO. 2006-823 CIVIL TERM WILLl1\M R. GRlMES, Plaintiff Dl1\NE M. GRlMES, Defendant C1V1L 1\CTION - L1\ W IN DIVORCE 1\CCEPTJ\NCE OF SERVICE I, Paul 1. Esposito, Esquire, accept service ofthe Complaint in Divorce on behalf of Diane M. Grimes, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: M./5; aoo~ I r' c:- l"<' .< ~TALSETTLEMENTAGREEMENT THIS AGREEMENT, made this ,:?3t:rJ day of ~, 2004, by and between DIANE M. GRIMES, (hereinafter referred to as "Wife") and WILLIAM R. GRIMES, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on December 6, 1966, at Travis Air Force Base, California; and WHEREAS, the parties separated on or about April6, 2003; and WHEREAS, there are no minor children to the marriage; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart for the rest of their natural lives, and are desirous of settling fully and finally their respective property rights and certain obligations as between each other, including, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; and the settling of all matters between them relating to the support of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: .- I 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. Husband shall be solely and exclusively responsible for paying his own long-term health care premIUms. 3. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Wife shall be solely and exclusively responsible for paying her own long-term health care premiums after August, 2004. 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage. 2 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF REAL PROPERTY Husband and Wife acknowledge and agree that the real estate situate at 407 Springhouse Road, Camp Hill, Cumberland County, Pennsylvania, the former marital residence, has been sold and the net proceeds derived from said sale have been divided equally between the parties. The parties hereby agree that each shall retain the aforementioned net proceeds as his or her sole and separate property and neither shall pursue any claim against the other for any additional portion of said proceeds. 7. DIVISION OF PERSONAL PROPERTY The parties agree that they have divided their separate and marital personal property to their mutual satisfaction. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 3 8. AFfER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired. by him or her after the parties' date of separation, 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. 9. MOTOR VEHICLES Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2000 Honda, currently titled in her name alone. Wife shall be solely responsible for all expenses related thereto, including, but not limited to, any future insurance premiums with regard to said vehicle. Moreover, Wife shall indemnify and hold Husband harmless from any cost or expense, including actual attorney fees incurred in connection with said vehicle. Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 2000 Lincoln. Husband shall be solely responsible for all expenses related thereto, including, but not limited to, any future insurance premiums with regard to said vehicle. Moreover, Husband shall indemnify and hold Wife harmless from any cost or expense, including actual attorney's fees incurred in connection with said vehicle. 10. RETIREMENT BENEFITS AND INDIVIDUAL RETIREMENT ACCOUNTS. The parties acknowledge that the marital estate includes Husband's Morefield Communications, Inc., Retirement Savings Plan (the "Plan") and the parties' respective American Express Company Individual Retirement Accounts ("IRA"). The parties hereby agree that Husband shall retain his IRA as his sole and separate property free and 4 ., clear of any right, title, claim and/or interest of Wife and that Wife shall retain her IRA as hersole and separate property free and clear of any right, title, claim and/or interest of Husband, The parties further acknowledge that upon Husband's retirement from Morefield Communications, Inc., the Plan shall be distributed equally between the parties via a Qualified Domestic Relations Order ("QDRO"), if necessary, to be prepared by Harry Leister, the cost of which shall be shared equally by the parties. Pending Husband's retirement and pending preparation and qualification of the QDRO, Husband shall maintain Wife as beneficiary of 50% of the balance of the Plan. Wife shall execute whatever documents are necessary to permit Husband to name another beneficiary to the remaining 50% of the balance of the Plan. Except as provided for herein, Wife and Husband each hereby specifically releases and waives any right, title, claim and/or interest that he or she may have in and to any other retirement benefits. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this paragraph. 11. FINANCIAL ACCOUNTS The parties acknowledge and agree that each shall retain as hislher sole and separate property, free of any right, title, claim and interest of the other, any and all financiaVinvestment accounts in hislher name. The parties further agree that they shall equally divide the funds in the Members 1 st Federal Credit Union savings and checking accounts as of the date of execution of this Agreement. 12. MEDICAL INSURANCE COVERAGE FOR WIFE The parties acknowledge that Husband is currently providing medical insurance coverage for Wife through his employment at a cost of$2,300.74 per year. Husband 5 agrees to continue to provide said coverage for so long as the parties remain married, Husband is employed by Morefield Communications, Inc., and said coverage is available _ at the above quoted cost. In the event the cost to Husband increases, Husband shall be entitled to, after providing Wife with notice of the increase, deduct one-half of the increase from Wife's monthly spousal support/alimony/alimony pendente lite entitlement provided for herein. Moreover, Husband's obligation to provide said coverage shall terminate absolutely upon the parties' divorce or Husband's retirement or termination from employment at Morefield Communications, Inc. In the event that Wife becomes entitled to health insurance coverage through employment, then Husband's obligation to provide said coverage shall likewise terminate. If at the time of Husband's retirement, termination from employment, or the parties' divorce, Wife is still covered by Husband's health insurance coverage, then Husband shall extend his full cooperation to ensure that Wife is able to obtain coverage through COBRA, if available. 13. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE ("APL"} Husband shall pay to Wife as spousal support while the parties remain married, and as alimony if the parties divorce, the sum of$2,095.84 per month and 40% of any and all net bonuses Husband receives as a consequence of his employment with Morefield Communications, Inc. The net amount of Husband's bonuses shall be calculated at 67% of the gross amount of the bonus. Said payment shall be made pursuant to a direct deposit into Wife's Commerce Bank checking account or any other account specifically designated by Wife. Said payment shall be made in bi-weekly installments of $967.31 to coincide with Husband's payroll dates. The effective date for Husband's spousal support obligation shall be September 19,2003. The parties 6 acknowledge that as of the date of execution of this Agreement, Husband's support obligation to Wife is current. The parties agree that said alimony payments shall terminate upon the first to occur of the following: 1. Husband's death; or 2. Wife's death;.or 3. Wife's remarriage; or 4. Wife's cohabitation with an unrelated male; or 5. Husband's retirement from or termination from his employment with Morefield Communications. The parties acknowledge that if the parties file separate tax returns Husband shall be entitled to deduct the support payments on his federal income tax returns and Wife shall have an obligation to claim the support payments on her federal income tax returns. In the event Wife becomes entitled to and actually receives social security benefits or becomes employed, the parties agree that Husband shall be entitled to request a downward modification of the support obligation. In the event Husband receives an increase in his earnings, the parties agree that Wife shall be entitled to request an upward modification ofthe support obligation. Except as provided above, the parties release and waive any rights they may have to seek modification of the terms of the support provisions in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support, alimony, alimony pendente lite and maintenance of the other. 14. COUNSEL FEES. COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and in the preparation and execution of this Agreement. 7 15. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURALRIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income ofthe other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and 8 independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 16. ADVICE OF COUNSEL The provIsions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Paul J. Esposito, Esquire and to Husband by his counsel, Cindy S. Conley, Esquire. Each party confirms that he or she fully understands the terms, conditions and provisions ofthis Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 17. PRIOR TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing 9 authority. Thereafter, the innocent party shall have the right to secure hislher own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 18. 2003 TAX RETURNS The parties shall execute and file joint federal, state and local income tax returns for the calendar year 2003, if they are entitled to do so; Each party shall be responsible for paying the tax associated with hislher taxable income. 19. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate ofthe other, any right to elect to take against the Will or any Trust ofthe other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 20. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this 10 Agreement any beneficiary designations naming the other which are in effect as ofthe date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 21. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. II b. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. c. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12 22. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 23. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 24. APPLICABLE LAW - All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution ofthis Agreement. 25. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 26. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 27. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 13 28. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it pwports to cover and supersedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 29. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. BREACH If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 14 . 31. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 32. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 33. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESSWHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: / .t.;7 " .Y ~// ",./ // i/,j,,{y-/ :~,'!I-.Litr/ / - " // ! , J p (; I '. J;J;. 1:./:1 'j l ~, .i.e. )liI" - ,~ / .,) . :Jj/b'~ )lJ 00<h,/\., ANE M. GRIME '~/~ fl~ WILLIAM R. GRI ES 15 STATE OF PENNSYLVANIA COUNTYOF~ ss: On this, the~1Ji day of ~ ' 2004, before me, the undersigned officer, personally appeared DIANE M. GRIMES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. Sa/; ~1faI &w OtyO(..'.' ~~ My ro-...:.. . . 'Bt~ ft.FllJM.l -rwTt. .'. ~'7. Merrii8i. ~ - .,,:~ 17, 2c'ifJ6 ...~..' 1\'. --.~ , ~_.... ,.. - .'.!>S('1alO-, Of rikiafieS STATE OF PENNSYLVANIA COUNTY O~~I\.__ IN WITNESS WHEREOF, I here to set my hand and official seal. a~ Notary Public ss: On this, the J)Jday o;]jl~ , 2004, before me, the undersigned officer, personally appeared WILLIAM R. GRIMES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'u - '...... /, " "-/ V'-~,. Notary Public NOTARIAL SEAL DrBRA M. SHIMp' NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES AUG. 29. 2005 ::ODMA IPCDOCSIDOCSIJ 026 75\2 16 ...1 (. c:..: '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WILLIAM R. GRIMES, Plaintiff v. ) ) ) ) ) ) ) NO. 2006-823 CIVIL TERM DIANE M. GRIMES, Defendant CIVIL ACTION - LA W IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on February 9, 2006. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: '1" ~ ~ Db ~t~ William R. Grimes, Plaintiff \ >. i ~.:::.... c' . - :......~.} [" : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM R. GRIMES, Plaintiff v. ) ) ) ) ) ) ) NO. 2006-823 CIVIL TERM DIANE M. GRIMES, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 in 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1- ~ ... () to ')Ij~ ~J~ William R. Grimes, laintiff r.....) ~ , ,-. r< r,:" _.......- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WILLIAM R. GRIMES, Plaintiff v. ) ) ) ) ) ) ) NO. 2006-823 CIVIL TERM DIANE M. GRIMES, Defendant CIVIL ACTION - LA W IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~3301(c) ofthe Divorce Code was filed on February 9, 2006. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dare: ~ 0& 1:.~1 7Q ~ ' ~ D' eM. Grimes, De e ant ,,~Jl c' .~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM R. GRIMES, Plaintiff v. ) ) ) ) ) ) ) NO. 2006-823 CIVIL TERM DIANE M. GRIMES, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: ~~;:,( / " -' c L_ f'-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WILLIAM R. GRIMES, Plaintiff v. ) ) ) ) ) ) ) NO. 2006-823 CIVIL TERM DIANE M. GRIMES, Defendant CIVIL ACTION - LAW 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: Service accepted by Paul J. Esposito, Esquire on February 15,2006; Acceptance of Service filed on April 11, 2006. 3. Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by plaintiff, July 6, 2006; by defendant, June 22, 2006. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated March 23, 2004. 5. Date plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: 7 - ~ -/J(o Cindy S. Co e Esquire HOWETT, KISSINGER, CO ~ HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PAl 71 08 Telephone: (717) 234-2616 Counsel for Plaintiff William R. Grimes ...~~, 'c_ ~ "'"., c ' ~. . . WILLIAM R. GRIMES Plaintiff IN THE COURT OF COMMON PLE1\S OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CML 1\CTION - LAW DIANE M. GRIMES Defendant NO. 2006-823 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between the Participant and the Alternate Payee entered into on March 23, 2004. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") ~401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code ~414(p) and ~206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. ~3502. 3. This QDRO applies to the Morefield Co=unications Retirement Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to which liability for provision ofthe Participant's benefits described below is incurred. 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. 4. William R. Grimes ("Participant") is a participant in the Plan. Diane M. Grimes ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: William R. Grimes 33 William Penn Drive, Apt. 4 Camp Hill, PA 17011 Social Security #: 111-30-4365 Date of Birth: July 1,1938 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: .. QDRO Page 2 . . Diane M. Grimes 17 Kings Arms Mechanicsburg, PA 17050 Social Security #: 161-34-4105 Date of Birth: February 17,1943 The Mternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Mternate Payee under this QDRO is 50% of the Participant's total account balance on the date the Participant retires under the Plan. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Mternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the date the Participant retires under the Plan. 12. The distribution pursuant to an election by the Mternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Accoun~ for her benefit. 13. On and after the date that this order is deemed to be a QDRO, but before the Mternate Payee receives her distribution under the Plan, the Mternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. MI payments made pursuant to this order shall be conditioned on the certification by the Mternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code ~414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Mternate Payee pursuant to the terms of this order, the Participant shall i=ediately reimburse the Mternate Payee to the extent that he has received such benefit .. " QDRO Page 3 . . -. payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall i=ediate1y reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have co=enced). In the event of the Alternate Payee's death prior to the co=encement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code g414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determ;n;ng the qualified status of this QDRO. The Plan 1\dministrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period oftime after receipt of this QDRO. . < . - . ! ~) -') . QDRO Page 4 22. The Court shall retain jurisdiction with respect to t!ris Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. CONSENT TO ORDER: PARTICIPANT vt~t J~ Signature ALTERNATE PAYEE ';<'$- fh dtJOV Date d J ~(l/1d )1) 9-~ S. ature (/~~~ t D te I ATI'ORNEY FOR PARTICIPANT A'ITORNEY FOR,ALTERNATE PAYEE s~!fI;ft5 2s- - Date /lJ(J ,:}(JtJ ~ ~ J 7, C)oO& DaW I Accepted and ordered this ~ day of ~ , 2.0lS~ . BY THE COURT ~ ~ ~ ~ ~lL, 'J~'h/-( - - ~ ~ ~u.'~--:~ 11 ~ ~ P'9 ;'/(;-;'/-t. ....[ I ,~ .7 !' I I.... ';", ; .'~. k! I - )"ir",:., ' . ," " ~, ~: - ,I ' , '- "~'-' I' r:,!J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , 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 YE;.T I;lEEN ENTERED. None. It is further ORDERED, 1\bJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement 1\greement between the parties dated March 23, 2004, are incorporaled In thIs Decree m Divorce by reference as tully as It me same were set torth herem at length. Said 1\greement shall not merge with but shall survive this Decree in Divorce. , , , , , J.