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HomeMy WebLinkAbout02-1332CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divome is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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, PA 17013 Telephone: (717) 249-3166 CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Cx2.-- 12.2~ : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Charlene K. Nash, an adult individual currently residing at 4182 Antelope Court, #118, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is Roy E. Nash, an adult individual residing at 725 Cartref Road, York County, Pennsylvania. 17319. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 5, 1991, in York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about January 14, 2002. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about January 14, 2002. 9. Plaintiff and Defendant have no children under the age of eighteen. 10. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 11. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven are incorporated herein by reference. 13. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seq, of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT II ALIMONY reference. 14. Paragraphs one through thirteen are incorporated herein by needs. 15. Plaintiff lacks sufficient property to provide for her reasonable 16. Plaintiff is unable to sufficiently support herself through appropriate employment. 17. Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay alimony unto the Plaintiff. Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff CHARLENE K. NASH, Plaintiff V. ROY E. NASH, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-1332 CIVIL TERM · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 18, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in iDivorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Date: Roy E. ~a~ CHARLENE K. NASH. Plaintiff V. ROY E. NASH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1332 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CHARLENE K. NASH, Plaintiff ROY E. NASH, De~nd~t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1332 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE AlrlrlDAVlT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 18, 2002. 2. The ruarriage of the Plaintiffand Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Coruplaint. 3. I consent to the entry ora Final Decree in Divorce after service of notice of intention to request entry of thc decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are ruade subject to thc penalties of I 8 Pa.C.S, § 4904, relating to unsworn falsifications to authorities. Date: Charlene K. Nash CHARLENE K, NASH, Plaintiff ROY E. NASH, De~nd~t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1332 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree in Divorce without notice. 2. I under,land that I may lose tights concerning alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. 3. I understand that I will not be divomed until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Charlene K. N~h MARRIAGE SETTLEMENT AGREEMENT By and between Charlene K. Nash - AND - Roy E. Nash Dated: ,2003 INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Income Tax Prior Returns ............................................................ 6 4. Execution of Additional Documents ........................................... 6 5. Transfers Subject to Liens ........................................................... 6 6. Complete Listing of Property ...................................................... 7 7. Equitable Distribution of Property .............................................. 7 8. Relinquishment of Ownership ..................................................... 7 9. After-Acquired Property .............................................................. 7 10. Debts ............................................................................................. 8 1 I.Bankruptcy ................................................................................... 8 12. Health Insurance ........................................................................... 9 13 Alimony and Support ................................................................... 9 14. Full Disclosure ............................................................................. 10 15. Releases ........................................................................................ 10 16. Indemnification ............................................................................ 11 17. General Provisions ....................................................................... 12 18. Fair and Equitable Contents ......................................................... 12 19. Breach ........................................................................................... 12 20. Independent Separate Covenants ................................................. 13 21. Void Clauses ................................................................................ 13 22. Execution of Documents .............................................................. 13 23. Applicable Law ............................................................................ 13 24. Non-Merger .................................................................................. 13 25. Disclosure and Waiver of Procedural Rights .............................. 14 26. Tax Advice ................................................................................... 15 27. Representation of Parties ............................................................. 15 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 17 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this C~ [ day of t0/r)~f-/ , 2003, by and between Charlene K. Nash -AND- Roy E. Nash, at Harrisburg, Pen~lvania. WHEREAS, the parties hereto are husband and wife, having been married on October 5, 1991, at York County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on January 14, 2002. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 1. Divorce and Sel~aration. The parties agree to the entry of a decree in divome pursuant to Section 3301(c) of the Divome Code of 1980. Husband and Wife shall at all times hereafter 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. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Prol)ertv. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. However, it is agreed between the parties that Husband shall transfer an amount equal to $40,000 from his Bon Ton pension account into a retirement account to be opened by Wife. It is agreed between the parties that they shall prepare a Qualified Domestic Relations Order, in order to give full force and effect to 4 this provision. It is further understood that each of the parties shall cooperate in the preparation of the QDRO. 2. Husband shall retain any amounts currently in his checking and savings accounts. 3. Husband shall become the sole and exclusive owner of the automobiles which are currently in his possession. Wife agrees to sign any documents necessary in order to effectuate said ownership. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. 2. Wife shall retain any amounts currently in her checking and savings accounts. 3. Wife shall become the sole and exclusive owner of the automobiles which are currently in her possession. Husband agrees to sign any documents necessary in order to effectuate said ownership. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. 5 D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. ']?he respective transferee of such property agrees to 6 indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Comolete Listin~ of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Etluitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 8. Relinouishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Aecmired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they 7 real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 10. Debts. Husband and Wife hereby acknowledge that them are no remaining marital debts. 11. Bankruotcv or Reor~,anization Proceedim,s. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and al/right to assert that any obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 12. Health Insurance. The parties mutually agree that each shall be responsible for their own health insurance including costs thereto. 13. Alimony and Sul~vort. Husband agrees to pay spousal support unto Wife in the amount of $650 per month, which will be due in one lump sum on the first day of each month. Upon the entry of the Decree in Divome, and for a period of two and a half years after the Decree in Divorce, Husband shall pay Wife the sum of $650 per month in alimony payments, for her separate support and maintenance. Again, the entire $650 shall be due on the first day of each month. Husband's obligation for support/alimony under this paragraph shall not be modifiable, but will terminate in the event of the death of either party or Wife's remarriage, or cohabitation for a period in excess of six months. Wife agrees to terminate the existing support order, effective upon the entry of the Decree in Divorce. Thereafter Husband shall make the monthly alimony payments to wife. However, in the event Husband does not pay Wife directly, Wife may apply to the Cumberland County Domestic Relations Office and require that all future payments be made through the Cumberland County Domestic Relations Office, and that said payments be enforceable by law, if necessary. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance payment intended to be included with the income of Wife within the meaning of Section 71 of the United States Internal Revenue Code of 1954, and deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said payments shall be included as income to Wife on his applicable tax returns. The parties agree that this alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court. It is further agreed between the parties that in the event that Husband dies before the expiration of 30 months from the date of the divorce, then the alimony payments which have not yet been made shall be chargeable to his estate, and the additional payments shall be made by the estate to Wife. Husband agrees that his estate shall be responsible for any remaining alimony payments that may have been due, but for his death, and Husband and Wife do agree to this clause as a condition of their divome settlement. 14. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania Divorce Code, The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in 10 and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against 11 either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. Fair and E~luitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the 12 non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. Indeoendent Seoarate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 21. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. Aovlicable Law. This Agreement shall be construed under thc laws of the Commonwealth of Pennsylvania. 24. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 13 25. Disclosure and Waiver of Procedural Rights. Each party understand that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divome Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a 14 party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses, 26. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 27. Ret~resentation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. Silliker, Esquire. Husband has been advised of his right to retain an independent counsel to represent him in this matter, however, being so advised that he is entitled to independent legal counsel, he hereby waives his right to the same. 15 IN WITNESS W}IEREOF, the parties hereto have set their hands and Charlene K. Nash 16 COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPH1N On this~ day of ~,,~ ,2003, before me Subscriber, a Notary Public, for the Commonwealth of ~r~hsylvania, came Charlene K. Nash, known to me or satisfactorily proven to be the W~W/eJin the aforegoing Marriage Settlement Agreement. Charlene K. Nash Witness my hand and Notarial seal, the day and year aforesaid. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : SS: On thxs~/ day of /'/ct / ,2003, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Roy E. Nash, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Witness my hand and Notarial seal, the day and year aforesaid. Lee Oe~terling, Notary PulSe Mechan~s~urg Bo~o, Cum~ertm~ County on Expires 1 CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1332 CIVIL TERM CIVIL ACTION - LAW IN D1VORCE CERTIFICATE OF SERVICE The undersigned, Beth Lengel, hereby certifies that a copy ufa Complaint in Divorce was served upon Roy E. Nash, on March 23, 2002, by certified mail, return receipt requested, addressed as follows: Roy E. Nash 725 Cartef Road Etters, PA 17319 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Beth Lengel t7 m Com~ iteme 1, 2, and 3. Also com~ item 4 if Restricted Deliver/is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the Pack of the mailpiece. or on the front if space permits. 1..Nticle Addressed to: B. Received { ' P If YES, ante* deilvery address~l'ew: [] No '~ertifled Mail [] Exi~ms Mall ~ U Registered [] Return Receipt for Merchandlae [] Insured Mail [] C.O,D. PS Form 3811. August 2001 7001 1940 0006 2488 9757 Don~tlc Return Receipt CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1332 CIVIL TERM 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 Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: March 23, 2003, by Certified Mail, Return Receipt Requested. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: June 17, 2003 by Plaintiff, May 21, 2003 by Defendant. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the Final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: N/A (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 20, 2003. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 29, 2003. 6. Social Security Numbers: (a) Plaintiff: 196-44-5120 (b) Defendant: 222-24-7527 INTHE cOUrT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. CHARLENE K. NASH Versus ROY E. NASH DECREE IN DIVORCE \, /~, AND NOW, .,~.~...?. ............ ×*g.;~l~.(~3, it is ordered and decreed that ........C.H..~.~.L.E.~'.~..K.:..~Asz ....................... plaintiff, and .................gP.~ .~... ~-~$~ ............................ defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of r. ecord in this action for which a final order has not yet been entered; ~(~._ incorporated, but shall not merge with in Divorce. By Co~ Attest: Prothonotary CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant IN THE COURT O]? COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1332 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes the Plaintiff, Charlene K. Nash, by and through Attorney Mark T. Silliker, Esquire, and respectfully requests this Honorable Court grant the following reliefi 1. Plaintiff Charlene K. Nash and Defendant Roy E. Nash have been divorced, pursuant to a Final Decree of this Honorable Court dated July 7, 2003. 2. Plaintiff and Defendant reached settlement through a Marriage Settlement Agreement which was signed May 21, 2003 and filed with this Honorable Court on June 26, 2003. Pursuant to Paragraph 2(A)(1), it was agreed that Husband would roll over into Wife's account a portion of his pension t¥om his employment through The Bon Ton equal to $40,000.00. In furtherance thereto, Charlene K. Nash has opened an account with Janney Montgomery Scott, LLC, FBO Charlene Nash aJc 6159- 3565, 33 West Third Street, Suite 201, Williamsport, PA 17701 3. The parties, through their respective counsel, have agreed upon the terms and conditions of a Qualified Domestic Relations Order, the original of which is attached hereto. WHEREFORE, Plaintiff, with the concurrence of Defendant, respectfully requests this Honorable Court grant the aforegoing Qualified Domestic Relations Order. Respecl~ted, 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 33671 Attorney for Plaintiff CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1332 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR ENTRY OF .QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes the Plaintiff, Charlene K. Nash, by and through Attorney Mark T. Silliker, Esquire, and respectfully requests this Honorable Court grant the following relief: 1. Plaintiff Charlene K. Nash and Defendant Roy E. Nash have been divorced, pursuant to a Final Decree of this Honorable Corm: dated July 7, 2003. 2. Plaintiff and Defendant reached settlement through a Marriage Settlement Agreement which was signed May 21, 2003 and flied with this Honorable Court on June 26, 2003. Pursuant to Paragraph 2(A)(1), it was agreed that Husband would roll over into Wife's account a portion of his pension tkom his employment through The Bon Ton equal to $40,000.00. In furtherance thereto, Charlene K. Nash has opened an account with Jarmey Montgomery Scott, LLC, FBO Charlene Nash aJc 6159- 3565, 33 West Third Street, Suite 201, Williamsport, PA 17701 3. The parties, through their respective., counsel, have agreed upon the terms and conditions of a Qualified Domestic Relations Order, the original of which is attached hereto. WHEREFORE, Plaintiff, with the concurrence of Defendant, respectfully requests this Honorable Court grant the aforegoing Qualified Domestic Relations Order. Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 133671 Attorney for Plaintiff CHARLENE K. NASH, Plaintiff ROY E. NASH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND C. OUNTY, PENNSYLVANIA NO. 02-1332 CIVIL TERM CIVIL ACTION - ]LAW IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDEI 1. Plaintiff, Charlene K. Nash, is an adult individual whose current address is 4182 Antelope Court # 118, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Roy E. Nash, is an adult individual residing at 725 Cartref Road, Etters, York County, Pennsylvania 17319. 3. This Order relates to the division of marital property rights between the parties and in no way provides for child support or alimony payments from Husband/Participant unto Wife. 4. This Order relates to Husband's Bon Ton Pension which is the plan subject to this Order. It is acknowledged between the parties that Defendant has a pension plan through the Bon Ton, P.O. Box 2821, York, PA 17405, and through a Marriage Settlement Agreement which was signed May 21,2003 and filed with this Honorable Court on June 26, 2003, pursuant to Paragraph 2(A)(1), it was agreed that Husband would roll over a portion of his pension through his employment with The Bon Ton equal to $40,000.00 into an account to be opened by Plaintiff, Charlene K. Nash. 5. Payment of the sum in question shall be made unto Charlene K. Nash, the former spouse of the Participant otherwise known as the Alternate Payee. The Participant/Employee of Bon Ton is Roy E. Nash, social security number 222-24-7527, and his address is 725 Cartref Road, Etters, York County, Pennsylvania 17319. 6. The Altemate Payee, Charlene K. Nash, fbrmer spouse of the Participant Roy E. Nash, has a social security number of 196-44-5120, and her address is 4182 Antelope Court #118, Mechanicsburg, Cumberland County, Pennsylvania 17050. 7. It is understood that the aforegoing transfer shall be a rollover from one retirement account into another, and in furtherance thereto, Charlene K. Nash has opened an account with Janney Montgomery Scott, LLC, FBO Charlene Nash a/c 6159-3565, 33 West Third Street, Suite 201, Williamsport, PA 17701 and this will allow her to roll said money over into her own retirement account, so that this will be considered a tax free transfer. 8. Bon Ton is hereby directed to pay and/or otherwise transfer an amount equal to $40,000.00 from Participant, Roy E. Nash's pension plan over unto Alternate Payee, Charlene K. Nash, and this shall be considered her marital share of the pension plan. 9. The parties were married on or about October 5, 1991 and divorced on or about July 7, 2003. 10. Nothing contained in this Order shall in any way require the Plan to provide any form, type, or mount of benefit not otherwise available under the Plan in accordance with applicable law. 11. This shall be considered a Qualified Domestic Relations Order.