HomeMy WebLinkAbout06-1776
MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. e{r 111~
CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
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 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.
Where the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pa. 17013
(717) 249-3166
MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
:NO. C&.j77t-
CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
]. Plaintiff is Marcia K. Blum, a competent adult individual, who resides at 3 I Ashton
St., Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Mark L. Blum, a competent adult individual, whose address is 3] Ashton
5t., Carlisle, Cumberland County, Pennsylvania, 170]3.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on May 16, 1980 in Akron, Ohio.
5. There have been no prior actions of divorce or for annulment between the parties.
6. 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.
7. Plaintiff and Defendant have three children together; however, all are adults.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are: that the
marriage is irretrievably broken pursuant to 23 Pa.C.S. 330I(c);
WHEREFORE, Plaintiff requests the court to enter a Decree in divorce.
COUNT II - EOUlTABLE DISTRIBUTION OF PROPERTY
II. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto.
12. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and personal, owned by the parties hereto
as marital property.
COUNT III - ALIMONY
]3. Paragraphs] through ]2 of the Complaint are incorporated herein by reterence as
though set forth in full.
14. The PlaintiffwiII require Alimony after the entry of the Divorce Decree by reason of
her limited economic circumstances.
15. The Defendant is financially able to provide for the reasonable needs of the Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony after
the entry of the Decree.
COUNT IV - ALIMONY PENDENTE LITE
16. Paragraphs I - 15 are herein incorporated by reference.
] 7. Plaintifflacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
18. Plaintiff requires reasonable support to adequately maintain herself in accordance
with the standard of living established during the marriage.
19. Defendant enjoys a substantial income and is well able to contribute to the support
and maintenance of Plaintiff during the course of this action.
WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of
Alimony Pendente Lite until final hearing.
COUNT V - COUNSEL FEES. COSTS AND EXPENSES
20. Paragraphs I - 19 are herein incorporated by reference.
21. Plaintiff is without sufficient funds to retain counsel to represent her in this matter.
22. Without counsel, PlaintitI cannot adequately prosecute her claims against Defendant
and she cannot adequately litigate her rights in this matter.
23. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiffs attorney and the expense of this litigation.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees,
costs, and expenses.
Date: ~ \~ \) lo
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 06 - 1776 CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
PETITION FOR ALIMONY PENDENTE LITE
I. Petitioner, Marcia K. Blum, is a competent adult individual, who resides at 3 I Ashton
St., Carlisle, Cumberland County, Pennsylvania, 17013.
2. Petitioner's date of birth is 1217/58 and her social security number is: 281-66-0190.
3. Respondent, Mark L. Blum, is a competent adult individual, whose address is 3 I
Ashton St., Carlisle, Cumberland County, Pennsylvania, 17013.
4. Respondent's date of birth is I II15/57 and his social security number is: 243-06-2664.
5. A divorce complaint which contained claims for Divorce, Equitable Distribution,
Alimony, and Alimony Pendente Lite was filed under the above-captioned docket number on
March 27, 2006. A true and correct copy of the Divorce Complaint is attached to this petition.
WHEREFORE, Petition requests that the Court Order alimony pendente lite.
Date:
Y d1 L,
/ J e Adams, Esquire
L . No. 79465
~ South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
MARCIA K. BLUM
MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 4> - /'170
CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
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You have been sued in Court. If you wish to defend against the claims set forthlTI th~
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.
Where the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pa. 17013
(717) 249-3166
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
MARCIA K. BLUM,
v.
:NO.
CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
ORDER OF COURT
AND NOW, this
day of
, 2006, upon
consideration of the attached petition for Alimony Pendente Lite, and/or counsel fees, it is hereby directed that the
parties and their respective counsel appear before
, the
day of
, 2006, at
o'clock .m. for a Conference, after which the hearing officer may
recommend that an order for Alimony Pendente Lite be ordered.
You are further ordered to bring to the conference:
I. A true copy of your most recent Federal Income Tax return, including W-2's as filed.
2. Your pay stufs for the preceding six (6) months.
3. The Income and Expense Statement attached to this order, completed as required by Rule
1910.11(c)
4. Verification of child care expenses.
5. Proof of medical coverage which you may have, or may have available to you.
If you fail to appear for the conference, or bring the required documents, the court may issue a warrant for
your arrest.
FOR THE COURT,
By
Conference Officer
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pa. 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accomodations available to
disabled individuals having business before the court, please contact our office. All 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.
MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
:NO.
CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
COMPLAINT IN DIVORCE
COUNT I - DIVORCE
I. Plaintiff is Marcia K. Blum, a competent adult individual, who resides at 3 I Ashton
St., Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is Mark L. Blum, a competent adult individual, whose address is 31 Ashton
St., Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on May 16, 1980 in Akron, Ohio.
5. There have been no prior actions of divorce or for annulment between the parties.
6. 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.
7. Plaintiff and Defendant have three children together; however, all are adults.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
10. The Plaintiff avers that the grounds on which this action is based are: that the
marriage is irretrievably broken pursuant to 23 Pa.C.S. 330I(c);
WHEREFORE, Plaintiff requests the court to enter a Decree in divorce.
COUNT 11- EOUlTABLE DISTRIBUTION OF PROPERTY
11. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto.
12. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and personal, owned by the parties hereto
as marital property.
COUNT III - ALIMONY
13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as
though set forth in fulL
14. The PlaintiffwiU require Alimony after the entry of the Divorce Decree by reason of
her limited economic circumstances.
15. The Defendant is financially able to provide for the reasonable needs of the Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony after
the entry of the Decree.
COUNT IV - ALIMONY PENDENTE LITE
16. Paragraphs I - 15 are herein incorporated by reference.
] 7. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herselfthrough appropriate employment.
18. Plaintiff requires reasonable support to adequately maintain herself in accordance
with the standard of living established during the marriage.
19. Defendant enjoys a substantial income and is well able to contribute to the support
and maintenance of Plaintiff during the course of this action.
WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of
Alimony Pendente Lite until final hearing.
COUNT V - COUNSEL FEES. COSTS AND EXPENSES
20. Paragraphs I - 19 are herein incorporated by reference.
21. Plaintiff is without sufficient funds to retain counsel to represent her in this matter.
22. Without counsel, Plaintiff cannot adequately prosecute her claims against Defendant
and she cannot adequately litigate her rights in this matter.
23. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiffs attomey and the expense of this litigation.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees,
costs, and expenses.
Date: .3\~ () ~
/'Jan Adams, Esquire
1.0. o. 79465
64 S uth Hanover St.
Car'sIe, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
VERIFICA nON
I verity that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
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MARCIA K. BLUM,
Plaintiff
V.
MARK L. BLUM,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06 - 1776 CIVIL TERM
: ACTION IN DIVORCE
ACCEPTANCE OF SERVICE
I, Marcus A. McKnight, Ill, Esquire, represent Mark L. Blum, Defendant, in the
above-captio:led matter; I hereby accepted service of the Notice to Defend and Complaint in
Divorce which was filed by Plaintiff under the above-captioned number and I hereby affirm I am
authorized to do so.
Date:~L9
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MARCIA K. BLUM,
Plaintiff/Respondent
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
MARK L. BLUM,
Defendant/Petitioner
NO. 06-1776 CIVIL TERM
IN DIVORCE
PACSES CASE NO: 546108216
ORDER OF COURT - RESCHEDULE A CONFERENCE
AND NOW, this 21 "lh day of April, 2006. upon consideration oflhe Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before R.I. Shaddav onMav 16, 2006 at 1:30 P.M for a conference, at 13 N. Hanover SI., Carlisle, PA
17013, aller which the conference officer may recommend that an Order for Alimony Pendente LIte be
entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W -2'8 as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.1119
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
Copies mailed on
April 21. 2006
BY THE COURT,
Edgar B. Bayley, President Judge
11 " .' " _JI....1
DateofOrdec Apri121.2006 ;C; j(,. <01;.~
\. R:JV hadda ,Conference c)fficer - ( / .
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERE:-ICE AND '.
REPRESENT YOU, 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 MAY GET
LEGAL HELP,
to: Petitioner
Respondent
Jane Adams, Esquire
Marcus A McKnight, Ill, Esq.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLV AN1A 17013
(717) 249-3166
cc361
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
MARCIA K. BLUM ) Docket Number 06-1776 CIVIL
Plaintiff )
vs. ) PACSES Case Number 546108216
MARK L. BLUM )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this
11TH DAY OF MAY, 2006
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or @ Other
REQUEST FOR APL
filed on APRIL 18, 2006
in the above captioned
matter is dismissed without prejudice due to:
THE PARTIES ENTERING INTO A MARITAL SETTLEMENT AGREEMENT AND PETITIONER
WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE.
THE SCHEDULED CONFERENCE ON MAY 16, 2006 IS CANCELLED.
o . :rhe Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
~'~4
Kevrn . ess,
JUDGE
ORa: R. J. Shadday
Service Type M
Form OE-506
Worker ID 21005
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Jane Adams
ATTORNEY AT LAW
64 SOUTH pm STREET
CARLISLE, PA. 17013 ("
(717) 245-8508 voice
(717) 243-9200 fax
MAY 1 0 2006
esaadams@ao1.com
May 9,2006
Domestic Relations
13 N. Hanover St.
Carlisle, Pa. 17013
Re: Blum v. Blum
No. 06 - 1776 Civil Term
Pacses No. 546108216
Dear Domestic Relations:
Please be advised that my client would like to \Vithdraw her claim for Alimony Pendente
Lite since the parties have entered into a marriage settlement agreement. The hearing scheduled
for May 16th, 2006 at I :30 p.m. is no longer necessary.
Thank you for your attention to this matter. Please contact me if you need anything
further from me.
cc: Marcia Blum
Marcus McKnight, Esquire
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 06 - 1776 CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
PETITION FOR SPECIAL RELIEF
1. Petitioner, Marcia K. Blum, is a competent adult individual, who resides at 340 N.
Bever St., Wooster~ Ohio, 44691.
2. Respondent, Mark L. Blum, is a competent adult individual, whose address is 31
Ashton St., Carlisle, Cumberland County, Pennsylvania, 17013.
3. A complaint in divorce was filed under the above-captioned docket number on March
27,2006.
4. On May 5,2006, a marriage settlement agreement was signed regarding the marital
property. Such settlement agreement provided that Wife would receive "the sum of
$227,500.00."
5. Wife subsequently requested the sum of $227,500.00 and was told by Husband and his
counsel that she would have to accept money from Husband's retirement account, and suffer the
penalties, because "she should have known" that was where the money was coming from.
6. The retirement companies refused to withdraw money from Husband's account based
on the language of the May 5,2006 agreement.
7. In July 2006, an addendum to the marriage settlement agreement was signed, which
provided that Wife would receive funds from Husband's retirement via a Qualfied Domestic
Relations Order.
8. On August 11,2006, Wife's counsel wrote Husband's counsel requesting that he
prepare an updated Qualified Domestic Relations Order for the parties to sign in order to
effectuate the changes indicatM in the Amended marriage settlement agreement.
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9. To date, Wife's counsel has not received the updated Qualified Domestic Relations
Order.
10. Petitioner requests that Husband cooperate with preparation and signing of the
Qualified Domestic Relations Order or pay Wife's counsel fees to prepare the Qualfied Domestic
Relations Order.
WHEREFORE, Petition requests that the Court Order the relief requested.
Respectfully submitted,
Dme: ?/3/ Ok,
Adams, Esquire
1. . No. 79465
4 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
MARCIA K. BLUM
.
, .
VERIFICATION
I verify that.the statements made in this PETITION 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: ~/{OI6h
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M~cia K. Blum, Plaintiff
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MARCIA K.'BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 06 - 1776 CIVIL TERM
MARK L. BLUM,'
: ACTION IN DIVORCE
Defendant
ORDER OF COURT
ANDNOW, this cJd-t1 day of ~,p;:JJL;'..f/?j
, 2006, a hearing
6l(;-t/
regarding Plaintiffs Petition for Special Relief is scheduled for the
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SfP 15 2D06(
day of
, 2006, at /0: tI?)
A.M.~ in Courtroom No. L
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of the Cumberland County Courthouse in Carlisle, Pennsylvania.
J.
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cc: ~e Adams, Esquire, for Petitioner/Plaintiff
~arcus McKnight, Esquire, for Respondent/Defendant
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MARCIA K. BLUM,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2006 - 1776 CIVIL TERM
MARK L. BLUM,
Defendant.
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, this 25th day of September, 2006, comes the Defendant, Mark L. Blum, by
his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief:
1. The Defendant is Mark Blum, an adult individual who resides at 31 Ashton Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Plaintiff is Marcia K. Blum, an adult individual residing at 340 N. Bever
Street, Wooster, Ohio, 44691.
3. The parties entered into a Marriage Settlement Agreement dated May 5, 2006, and
an Addendum dated July 25, 2006, copies of which are attached hereto and marked as Exhibit
"A" and Exhibit "B".
4. Paragraph fifteen (15) of the Marriage Settlement Agreement provides that
Plaintiff/Wife will cooperate with obtaining the divorce. Paragraph seven (7) of the Addendum
requires that she return the Consents to her counselor counsel of the Defendant by July 31, 2006.
5. The Plaintiff has refused to return the Consents to counsel which is costing the
Defendant additional insurance costs each month she delays despite the additional alimony the
Defendant pays for Plaintiff to obtain her own health insurance coverage.
6. The Defendant requests that Plaintiff sign the necessary Consents in order to
complete the divorce and grant Defendant reasonable counsel fees for preparing this Petition as
permitted by the Marriage Settlement Agreement.
WHEREFORE, the Defendant, Mark L. Blum, respectfully seeks the relief requested
above.
Respectfully submitted,
IRWIN & McKNIGHT
Dated: September 25,2006
Esquire
EXHIBIT "A"
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 5~day of I\~ , 2006 by and
between MARCIA K. BLUM, of 31 Ashton Street, Carlisle, pennsy?vania, (hereinafter referred
to as "WIFE") and MARK L. BLUM, of 31 Ashton Street, Carlisle, Pennsylvania, (hereinafter
referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on May 16, 1980, in Akron, .
Ohio. The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein nor property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
a. has the right to be represent by legal counsel of his or her own choosing;
b. is fully and completely infonned of the facts relating to the subject
matter of this Agreement and of the rights and liabilities of the parties;
c. enters into this Agreement voluntarily after having the opportunity to seek the
advice of counsel;
d. has given careful and mature thought to the making of this Agreement;
e. has carefully read each provision of this Agreement; and
f. fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair 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 effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
mamage.
3
7.
REAL ESTATE: The parties own the property known as 31 Ashton Street, Carlisle,
Pennsylvania 17013. WIFE agrees to convey her right, title and interest in the property to
HUSBAND. HUSBAND agrees to assume or refinance the mortgage into his own name and
assume all payments until the loan is refinanced or assumed by him. HUSBAND agrees to hold
WIFE hannless from all obligations from the first and second mortgage on said property.
8.
DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely
responsible for her debts. HUSBAND 'Yill indemnify and hold harmless WIFE from all
obligation related to his debts. WIFE will be solely responsible and will indemnify and hold
hannless HUSBAND from any claim made against him related to her debts.
9.
SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that there will be
spousal support and/or alimony paid in the amount of $1,750.00 per month for the first twelve
(12) months, and $1,500.00 per month for an additional One Hundred Eight (108) months, to be
modified only if there is a substantial change in the case of disability or income loss by
HUSBAND.
10.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession (as per schedule attached) including
all securities in his name;
b. His bank accounts;
4
c. Any life insurance policy;
d. His employee benefits and/or any other retirement benefits; and
e. The real estate situate at 31 Ashton Street, Carlisle, Pennsylvania 17013.
WIFE shall receive the following items:
a. The personal property in her possession (as per attached schedule);
b. Her bank accounts;
c. Any life insurance policy;
d. Her employee benefits;
e. The sum of $227,500.00;
f. Alimony as stated in Paragraph Nine (9);
g. Personal property moved to Ohio; .
i. Any other retirement accounts in her name;
j. Her interest in litigation involving her father's death; and
k. Her legal expenses up to a maximum of $750.00.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of
5
the other and that from the date of this Agreement, neither party shall contract or Incur
obligations, liens or any liability whatsoever on account of the other.
11.
AUTOMOBILES:
a. HUSBAND agrees to waive any and all interest which he may
have in any automobiles purchased by WIFE.
b. WIFE agrees to waive any and all interest which she may have
in the automobiles in possession of the HUSBAND.
They each waive any claim which they have in any automobile owned by the other party.
12.
INSURANCE.. EMPLOYEE BENEFITS.. AND HEALTH INSURANCE: The
parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other
employee benefits, including but not limited to retirement, profit sharing or medical benefits of
either party, shall be their own. HUSBAND agrees to maintain life insurance for the duration of
the term of alimony payments in an amount not less than the sum of the remaining alimony
payments with WIFE named as primary beneficiary. WIFE waives all right, title and claim to
HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of
WIFE'S employee benefits. HUSBAND agrees to keep his daughter, LISA BLUM, as a
beneficiary on his health insurance for as long as she is eligible.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or
checking or any other bank accounts of the WIFE.
6
14.
COLLEGE EXPENSES FOR LISA BLUM: HUSBAND agrees to pay for tuition,
and room and board for the completion of undergraduate college for LISA BLUM provided she
maintains continuous enrollment in the University of Iowa.
15.
DIVORCE: The parties both agree to cooperate with each other in obtaining a fmal
divorce of the marriage. It is agreed thatthe parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
16.
BREACH: If either party breaches any provisions of this Agreement, the other party
should 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 will be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
7
18.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result of any duress or undue influence. The provisions of this
Agreement are fully understood by both parties and each party acknowledges that the Agreement
is fair and equitable, that it is being entered. into voluntarily, and that it is not the result of any
duress or undue influence.
19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
8
22.
INCOME TAX EXEMPTIONS OF LISA BLUM: HUSBAND will maintain LISA
BLUM on his health insurance coverage for as long as she is eligible.
23.
SOCIAL SECURITY: The parties agree that WIFE will maintain her ability to use
HUSBAND's income for social security purposes.
24.
PAYMENT OF COSTS AND LEGAL FEES: The HUSBAND agrees to pay for his
own costs and legal fees required to obtain and complete the divorce. HUSBAND also agrees to
reimburse WIFE's legal costs up to the amount of $750.00. Any additional legal expenses in
excess of $750.00 incurred by the WIFE, will be the .sole responsilibity of WIFE.
25.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
9
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
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MJ,.RCIA K. BLUM
(SEAL)
/~L,/' ~SEAL)
,
MARK L. BLUM
10
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
.
.
~..
PERSONALLY APPEARED BEFORE ME, this ,:; day of'--Y'nw/L ,2006, a
- U.......
Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
MARCIA K. BLUM, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEAL TH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
vA
PERSONALLY APPEARED BEFORE ME, this L day of \l!ti.''f 2006, a
Notary Public, in and for the Commonwealth of Pennsylvania and Coun of Cumberland,
MARK L. BLUM, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NctartaI Seal
MarIla L Noel, NoIary PublIc
CarIIIIe Boro. Ctrnbeftand Ca.rlty
My Commission ExplnJe Sept. 18, 1J1J1
Member, Pennsylvania Association Of Notarlel
11
EXHmIT "B"
~
ADDENDUM TO THE
MARRIAGE SETTLEMENT AGREEMENT
THIS ADDENDUM TO THE MARRIAGE SETTLEMENT AGREEMENT is made
this 25th day of July, 2006 by and between MARCIA K. BLUM, of 340 North Bever Street,
Wooster, Ohio, 44691, and MARK L. BLUM, of 31 Ashton Street, Carlisle, Pennsylvania
17013.
WITNESSETH:
WHEREAS, counsel desires to complete the transfer of marital assets from Mark L.
Blum to Marcia K. Blum pursuant to paragraph ten e. (lOe) of the Marriage Settlement
Agreement dated May 5,2006, and
WHEREAS, funds will need to be transferred from the T. Rowe Price account of Mark
L. Blum, to the T. Rowe Price account of Marcia K. Blum.
WHEREAS, funds will need to be transferred from the J. P. Morgan account of Mark L.
Blum to the T. Rowe Price retirement account of Marcia K. Blum.
NOW THEREFORE, the Marriage Settlement Agreement IS AMENDED and
MODIFIED as follows:
1.
In order for Mark L. Blum to pay to sum of $227,500.00 plus the reimbursement for the
10% early withdrawal penalty described in paragraph three (3) below to Marcia K. Blum as
provided in Paragraph 10(e) of the Marriage Settlement Agreement, Funds will be distributed
from the following accounts. of Mark L. Blum:
A. T. Rowe Price Rollover IRA account, Investor #131366150.
B. J. P. Morgan Retirement Plan pursuant to a Qualified Domestic Relations Order.
',.
2.
From the T. Rowe Price Rollover IRA account of Mark L. Blum, Investor #131366150,
100% of said account will be transferred to the T. Rowe Price IRA account of Marcia K. Blum.
3.
From the J. P. Morgan Retirement Plan of Mark L. Blum, the balance of the funds
sufficient to pay the sum of $227,500.00 will be transferred to the T. Rowe Price account after
payment of the T. Rowe Price IRA to Marcia K. Blum. In addition, the sum of$22,750.00
representing the 10% early withdrawal penalty on the entire $227,500.00 settlement amount will
also be transferred to the T. Rowe Price account of Marcia K. Blum from the J. P. Morgan
Retirement Plan in order to reimburse Marcia K. Blum for the penalty she will incur for early
withdrawal.
4.
The transfer of the T. Rowe Price and J.P. Morgan balances as defined inParagraphs 2
and 3 above from the accounts of Mark L. Blum to the IRA account( s) of Marcia K. Blum is in
full satisfaction of Husband's obligation to Wife pursuant to paragraph 10(e) of the Marriage
Settlement Agreement.
5.
In addition, Mark L. Blum agrees to pay Marcia K. Blum the additional sum of Five
Hundred and no/l 00 ($500.00) Dollars toward her legal expenses and agrees to pay the sum of
One Thousand Nine Hundred and no/I 00 ($1,900.00) Dollars per month as alimony beginning
August 1, 2006 and continuing for the first eleven (11) months and the sum of One Thousand
Six Hundred Fifty nd no/I 00 ($1,650.00) Dollars per month as alimony for an additional 108
months. All alimony subject to be modified only if there is a substantial change in the case of
disability or income loss by Mark L. Blum.
2
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6.
The items of personal property will be resolved by payment of the sum of Six Hundred
and nolI 00 ($600.00) Dollars from Mark L. Blum to Marcia K. Blum along with the equal
division of other personal items currently in Mark L. Blum's basement storage.
7.
Marcia K. Blum must return the signed final Consents and Waivers to her counselor
counsel for the Defendant by July 31, 2006.
IN WITNESS WHEREOF, the parties, by their counsel, hereunto have set their hands
and seals the day and year first above written.
WITNESSES:
~/~
MARK L. BLUM
(SEAL)
0l c?]&f1~.L! ~ (SEAL)
3
MARCIA K. BLUM,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
2006 - 1776 CIVIL TERM
MARK L. BLUM,
Defendant.
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Jane Adams, Esq.
64 South Pitt Street
Carlisle, P A 17013
IRWIN & McKNIGHT
By:
Date: September 27, 2006
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MARCIA K. BLUM,
Plaintiff I Alternate Payee
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MARK. L. BLUM,
DefendantJParticipant
2006 - 1776 CIVIL TERM
PACSES CASE NO. 546108216
IN DIVORCE
LEE ENTERPRISES~ INC.
EMPLOYEE'S RETIREMENT ACCOUNT PLAN
PETITION FOR
QUALIFIED DOMESTIC RELATIONS ORDER
.......
AND NOW, this ~ day of September 2006, comes the parties and makes the following
Petition for a Qualified Domestic Relations Order of Court in this case:
This Order is intended to be a qualified domestic relations order ("QDRO"), as that terms
in defined in S206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") AND
S414(p) of the Internal Revenue Code of 1986 ("Code"). This QDRO is granted in accordance
with applicable state domestic relations laws which related to marital property rights, child
support, and/or spousal support between spouses and former spouses in matrimonial actions.
SECTION 1.
INDENTIFICA TION OF PLAN
This Order applies to benefits under the Lee Enterprises, Inc. Employee's Retirement
Account Plan ("Plan").
.,.
SECTION 2.
IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYEE
a. The "Participant" is Mark L. Blum. The Participant's last known mailing
address is 31 Ashton Street, Carlisle, Pennsylvania 17013. The Participant's social security
number is 243-06-2664.
b. The "Alternate Payee" is Marcia K. Blum. The Alternate Payee's last known
mailing address is 340 North Bever Street, Wooster, Ohio 44691. The Alternate Payee's social
security number is 281-66-0190. The Alternate Payee is the wife of the Participant.
SECTION 3.
AMOUNT OF BENEFIT TO BE PAID TO AL TERNATE PAYEE
1 (b). The Alternate Payee is hereby assigned an interest in and entitled to receive One
Hundred Eight Thousand Eight Hundred Eighty Two and 33/100 ($108,882.33) Dollars of
the Participant's vested account balance in the Plan until exhausted, and then any balance from
the Supplemental Plan which is vested. The Alternate Payee's interest shall be satisfied by
transferring pro rata by fund and source such interest to a separate account under the Plan on
behalf of the Alternate Payee or into a qualified IRA plan ofthe Alternate Payee.
2(b). The Alternate Payee is not entitled to earnings, gains and losses on the specified
amount.
SECTION 4.
FORM AND COMMENCEMENT OF PAYMENT
The Alternate Payee may elect to receive payment from the Plan of benefits assigned to
the Alternate Payee under this Order in any form in which such benefits may be paid under the
Plan to the Participant, other than in the form of a qualified joint and survivor annuity with
respect to the Alternate Payee and his or her subsequent spouse, if any, but only if the form
elected complies with the minimum distribution requirements of ~401(a)(9) of the Code.
4(a). Payments to the Alternate Payee pursuant to his Order shall be in accordance with
the Plan terms and commence as soon as practicable after this Order has been determined to be a
2
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qualified domestic relations order, and upon receipt ofthe Alternate Payee's properly completed
benefit election form.
SECTION 5.
DEATH OF PARTICIPANT
Any amounts assigned to the Alternate Payee under this Order shall not be affected by
the Participant's death.
SECTION 6.
DEATH OF ALTERNATE PAYEE
If the Alternate Payee dies prior to receiving his or her share of the Participant's account
balance assigned to such Alternate Payee under the terms of this Order, the Alternate Payee's
share shall be made to a beneficiary designated by the Alternate Payee on a form approved by
the Plan.
SECTION 7.
INVESTMENT DIRECTION, LOANS AND HARDSHIP DISTRIBUTIONS
To the extent permitted by the Plan, the Alternate Payee shall be permitted to direct
investment of her separate interest to the same extent as the Participant is entitled to direct the
investment of her account balances. To the extent not inconsistent with the terms of the Plan, the
Alternate Payee shall not be eligible for hardship distributions or loans.
SECTION 8.
COMPLIANCE WITH APPLICABLE LAWS
The parties to this Order intend that it comply with the applicable provisions of ERISA
and the Code. Nothing in this Order shall require the Plan:
a. To provide any type or form of benefit, or any option, not otherwise provided
under the Plan;
b. To provide increased benefits (determined on the basis of actuarial value); and
3
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c. To pay benefits to any Alternate Payee that are required to be paid to another
Alternate Payee under another Order previously determined to be a qualified
domestic relations order.
SECTION 9.
RESERVATION OF JURISDICTION
The Court reserves jurisdiction over the parties and the subject matter to amend this
Order to establish and maintain its status as a QDRO under ERISA and the Code.
AND NOW, intending to be legally bound hereby, the parties enter their hands and seals
the date set forth above.
WITNESSETH:
ON BEHALF OF
ALTERNATE PAYEE:
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MARCIA K. BLUM,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LA W
2006 - 1776 CIVIL TERM
MARK L. BLUM,
Defendant.
IN DIVORCE
ORDER OF COURT
AND NOW, this 2nt:L day of ~ ,2006, a hearing regarding Defendant's
Petition for Special Relief is hereby scheduled for the ~ -rt day of ~~ , 2006,
at I ~:~ R-. m. in Courtroom Number L, Cumberland County Courthouse, Carlisle,
Pennsylvania.
cc: ~cus A. McKnight, III, Esq.
Attorney for Defendant
~ne Adams, Esq.
Attorney for Plaintiff
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MARCIA K. BLUM,
Plaintiff,
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006 - 1776 CIVIL TERM
MARK L. BLUM,
Defendant.
IN DIVORCE
MOTION FOR CONTINUANCE
AND NOW, this 20th day of October, 2006, comes the Defendant's counsel, Marcus A.
McKnight, III, and makes the following Motion for Continuance:
1. The Defendant is Mark Blum, an adult individual who resides at 31 Ashton Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Plaintiff is Marcia K. Blum, an adult individual residing at 340 N. Bever
Street, Wooster, Ohio, 44691.
3. The Plaintiff filed a Petition for Special Relief on September 14, 2006, requesting
a hearing which is currently scheduled for October 26,2006, at 10:00 a.m.
4. Counsel for the Defendant has a scheduling conflict with the date of the Special
Relief Hearing which he is unable to resolve. A hearing had been scheduled in Lancaster
County prior to Defendant's counsel receiving the Order of Court dated September 20, 2006,
scheduling the Special Relief Hearing.
5. Counsel for the Defendant has requested your Honorable Court to reschedule the
hearing by letter dated October 3, 2006, a copy of which is attached hereto and marked as
Exhibit "A".
6. Counsel for the Plaintiff has not concurred with the rescheduling of this hearing.
WHEREFORE, the Defendant's counsel, Marcus A. McKnight, ITI, is respectfully
requesting that the Special Relief Hearing currently scheduled for October 26, 2006, at 10:00
a.m. be rescheduled.
Respectfull y submitted,
Dated: October 19, 2006
L. Blum
EXIDBIT "A"
LA W OFFICES
IRWIN & McKNIGHT
ROGER B. IRWIN
MARCUS A. McKNIGHT. 11/
DOUGlAS G. MILLER
MA1THEWA. McKNIGHT
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (717) 249-6354
WWWIMHLAWCOM
HAROLD S. IRWIN (/925-1977)
HAROLD S. IRWIN. JR. (/954-19X6)
IRWIN. IRWIN & IRWIN (1956-19116)
IRWIN. IRWIN &- McKNIGHT (191l6-1994J
IRWIN. McKNIGHT &- HUGHES (1994-2003)
IRWIN & .W.cKNIGHT (2003- )
October 3,2006
filE COP,
The Honorable Kevin A. Hess
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Marcia K. Blum v. Mark L. Blum
Petition for Special Relief
Dear Judge Hess:
I have submitted for your review and signature the Qualified Domestic Relations Order
which is the subject of the request for special relief. I have also filed a cross-petition on behalf
of my client, Mark L. Blum.
A hearing has been scheduled for Thursday, October 26,2006, at 10:00 a.m. to consider
those matters. Unfortunately, I am scheduled to be in Lancaster that morning at a hearing which
begins at 10:00 a.m.
Please reschedule this for a brief hearing on another date. There may be no need for a
hearing if the Qualified Domestic Relations Order is filed with the employer and the benefits
transfer to the Plaintiff.
Thank you for your consideration.
Very truly yours,
MAMlmln
cc: Jane Adams, Esq.
Mr. Mark L. Blum
MARCIA K. BLUM,
Plaintiff,
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2006 - 1776 CIVIL TERM
MARK L. BLUM,
Defendant.
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Jane Adams, Esq.
64 South Pitt Street
Carlisle, PA 17013
By:
Date: October 19, 2006
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MARCIA K. BLUM,
Plaintiff,
: IN THE COURT OF COMMOP EAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
2006
v.
CIVIL ACTION. LA W
2006. 1776 CIVIL TERM
MARK L. BLUM,
Defendant.
IN DIVORCE
ORDER OF COURT
AND NOW, thise1tf~ day of ~ ,2006, it is hereby Ordered that the
Defendant's Motion for Continuance is hereby granted the hearing on Plaintiff's Petition for
Special Relief scheduled for October 26, 2006, at 10:00 am. is continued and rescheduled for the
;g1h day of ~. 2rx}, at q i 30 -R. m. in Conrtroom Nnmber L.
Cumberland County Courthouse, Carlisle, Pennsylvania.
cc:
~cus A. McKnight, lIT, Esq.
Attorney for Defendant
~ane Adams, Esq.
Attorney for Plaintiff
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MARCIA K. BLUM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 06-1776 CIVIL
MARK L. BLUM,
Defendant
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ft' ORDER
AND NOW, this I' day of March, 2007, hearing in the above-captioned matter
set for January 18,2007, is continued to Monday, March 5, 2007, at 3:00 p.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle, P A.
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BY THE COURT,I
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
V.
: NO. 06 - 1776 CIVIL TERM
MARK L. BLUM,
: ACTION IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 330l(c) of the Divorce Code was filed on March 27, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of
the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities.
Date; 0;: It! 7
~tt,i Jr! ag~
arcia K. Blum~ Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~33011c) AND 633011d) OF THE DIVORCE CODE
1. I consent to 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 statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
DateJf It! '7
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. Mar ia K. Blum, Plaintiff
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2006-1776 CIVIL TERM
CIVIL ACTION - LAW
MARK L. BLUM,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDA VIT
The defendant, being duly sworn according to law, deposes and says:
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 Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate in
counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: March 7, 2007
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MARK L. BLUM
Defendant
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-1776 CIVIL TERM
CIVIL ACTION - LAW
MARK L. BLUM,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: March 7. 2007
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MARK L. BLUM
Defendant
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-1776 CIVIL TERM
CIVIL ACTION - LAW
MARK L. BLUM,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDA VIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 27,
2006.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
Date: March 7. 2007
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MARK L. BLUM
Defendant
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MARRIAGE SETTLEJlfENT AGREEMEI.VT
THIS AGREEMENT made this S"'dayof "'~ , 2006 by and
between MARCIA K. BLUM, of 31 Ashton Street, Carlisle, pennSy~ania, (hereinafter referred
to as "WIFE") and MARK L. BLUM, of 31 Ashton Street, Carlisle, Pennsylvania, (hereinafter
referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on May 16, 1980, in Akron, .
Ohio. The parties hereto agree and covenant as follows:
1.
The panies intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
. 2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified .
herein nor property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other..
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
a. has the right to be represent by legal counsel of his or her own choosing;
b. is fully and completely informed of the facts relating to the subject
matter of this Agreement and of the rights and liabilities of the parties;
c. enters into this Agreement voluntarily after having the opportunity to seek the
advice of counsel;
d. has given careful and mature thought to the making of this Agreement;
e. has carefully read each provision of this Agreement; and
f. fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
2
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 40l(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair 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 effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
3
7.
REAL EST ATE: The parties own the property known as 31 Ashton Street, Carlisle,
Pennsylvania 17013. WIFE agrees to convey her right, title and interest in the property to
HUSBAND. Hl.JSBA~D agrees to assume or refinance the mortgage into his own name and
assume all payments until the loan is refinanced or assumed by him. HlJSBA.lliJD agrees to hold
WIFE harmless from all obligations from the first and second mortgage on said property.
8.
DEBTS: HUSBAl"lD will be solely responsible for his O\\<TI debts. \VIFE will be solely
responsible for her debts. HUSBAND ,""ill indemnify and hold harmless WIFE from all
obligation related to his debts. WIFE will be solely responsible and will indemnify and hold
harmless HUSBAND from any claim made against him related to her debts.
9.
SPOUSAL SUPPORT A..~D ALIMONY: The parties hereby agree that there will be
spousal support and/or alimony paid in the amount of $1,750.00 per month for the first twelve
(12) months, and $1,500.00 per month for an additional One Hundred Eight (108) months, to be
modified only if there is a substantial change in the case of disability or income loss by
HUSBAND.
10.
PERSONAL PROPERTY: The parties agree that the personal property shall be divided
as follows:
HUSBAND shall receive the following items:
a. The personal property in his possession (as per schedule attached) including
all securities in his name;
b. His bank accounts;
4
c. Any life insurance policy;
d. His employee benefits and/or any other retirement benefits; and
e. The real estate situate at 31 Ashton Street, Carlisle, Pennsylvania 17013.
WIFE shall receive the following items:
a. The personal property in her possession (as per attached schedule);
b. Her bank accounts;
c. Any life insurance policy;
d. Her employee benefits;
e. The sum of $227,500.00;
f. Alimony as stated in Paragraph Nine (9);
g. Personal property moved to Ohio; .
1. Any other retirement accounts in her name;
J. Her interest in litigation involving her father's death; and
k. Her legal expenses up to a max.imum of $750.00.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAJ.~D. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBA..~D or the WIFE to dispose
of same as fully and effectually, in all respects and for all purposes as if he or she were
unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of
5
the other and that from the date of this Agreement, neither party shall contract or mcur
obligations, liens or any liability whatsoever on account of the other.
11.
AUTOMOBILES:
a. HUSBAND agrees to waive any and all interest which he may
have in any automobiles purchased by \VIFE.
b. WIFE agrees to waive any and all interest which she may have
in the automobiles in possession of the HUSBA1'JD.
They each waive any claim which they have in any automobile owned by the other party.
. 12.
INSURANCE. EMPLOYEE BENEFITS. AND HEALTH INSURANCE: The
parties agree that any life insufance policies on the life of HUSBAND or WIFE Of any other
employee benefits, including but not limited to retirement, profit sharing or medical benefits of
either party, shall be their own. HUSBAND agrees to maintain life insurance fOf the duration of
the term of alimony payments in an amount not less than the sum of the remaining alimony
payments with WIFE named as primary beneficiary. WIFE waives all right, title and claim to
HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of
WIFE'S employee benefits. HUSBAND agrees to keep his daughter, LISA BLUM, as a
beneficiary on his health insurance for as long as she is eligible.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or
checking or any other bank accounts of the WIFE.
6
14.
COLLEGE EXPE~SES FOR LISA BLUM: HUSBAND agrees to pay for tuition,
and room and board for the completion of undergraduate college for LISA BLUM provided she
maintains continuous enrollment in the University of Iowa.
15.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the p~ who is seeking the divorce.
16.
BREACH: If either party breaches any provisions of this Agreement, the other party
should 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 will be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
7
18.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, and that it is being entered into
voluntarily, and that it is not the result of any duress or undue influence. The provisions of this
Agreement are fully understood by both parties and each party acknowledges that the Agreement
is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any
duress or undue influence.
19.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
20.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
21.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
8
12.
INCOME TAX EXEMPTIONS OF LISA BLUM: HUSBA.~D will maintain LISA
BL UM on his health insurance coverage for as long as she is eligible.
23.
SOCIAL SECURITY: The parties agree that WIFE will maintain her ability to use
HUSBAND's income for social security purposes.
24.
PAYMENT OF COSTS AND LEGAL FEES: The HUSB~~D agrees to pay for his
own costs and legal fees required to obtain and complete the divorce. HUSBAND also agrees to
reimburse WIFE's legal costs up to the amount of $750.00. Any additional legal expenses in
excess of$750.00 incurred by the WIFE, will be the so Ie responsilibity of WIFE.
25.
WAIVER OF CLAIMS AGAINST EST A TES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
9
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
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MARCIA K. BLUM
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MARK L. BLUM
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COM.\'ION\VEAL TH OF PEN~SYL VANIA
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COUNTYOFCD~BERLk~D
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PERSONALLY APPEARED BEFORE ME, this ~ day of'~l'h~~..~ ,2006, a
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Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland,
:MARCIA K. BLUM, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed
the same for the purposes therein contained.
IN \VITNESS WHEREOF, I have hereunto set my hand and official seal.
U..,.,,' -,!\,'''iEALH-i OF PENNSYLVANIA
/ Notarial Seal
! ane Adams, Notary Public
( Carl sle Bom. Cumberlan~ County
\My C mmlSSlOn Expires Sept. 6, 2008
COMt\10NWEAL TH OF PENNSYL VANIA
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COUNTY OF CUMBERLAND
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PERSONALLY APPEARED BEFORE ME, this ~ day Of\.../J(i1?(' ,2006, a
Notary Public, in and for the Commonwealth of Pennsylvania and co~n\,{of Cumberland,
MARK L. BLUM, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NoIarIaI Sea
Martla L Noel. Notary PubIc
CaItIsIe Boro. Cmilettand Cou1ty
My CcmmislIIon Elcpires Sept. 18. Z1J7
Member, ~ennsylvanj8 Association Of Nolarle.
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ADDENDUM IQ THE
MARRIAGE SETTLEMENT AGREEMENT
THIS ADDENDUM TO THE MARRIAGE SETTLEMENT AGREEMENT is made
this 25th day of July, 2006 by and between MARCIA K. BLUM, of 340 North Bever Street,
Wooster, Ohio, 44691, and MARK L. BLUM, of 31 Ashton Street, Carlisle, Pennsylvania
17013.
WITNESSETH:
WHEREAS, counsel desires to complete the transfer of marital assets from Mark L..
Blum to Marcia K. Blum pursuant to paragraph ten e. (1 Oe) of the Marriage Settlement
Agreement dated May 5, 2006, and
WHEREAS, funds will need to be transferred from the T. Rowe Price account of Mark.
L. Blum, to the T. Rowe Price account of Marcia K. Blum.
WHEREAS, funds will need to be transferred from the J. P. Morgan account of Mark L.
Blum to the T. Rowe Price retirement account of Marcia K. Blum.
NOW THEREFORE, the Marriage Settlement Agreement IS AMENDED and
MODIFIED as follows:
1.
In order for Mark L. Blum to pay to sum of $227,500.00 plus the reimbursement for the
10% early withdrawal penalty described in paragraph three (3) below to Marcia K. Blum as
provided in Paragraph IO(e) of the Marriage Settlement Agreement, Funds will be distributed
from the following accounts of Mark L. Blum:
A. T. Rowe Price Rollover IRA account, Investor # 1313 66150.
B. J. P. Morgan Retirement Plan pursuant to a Qualified Domestic Relations Order.
..
2.
From the T. Rowe Price Rollover IRA account of Mark L. Blum, Investor #131366150,
100% of said account will be transferred to the T. Rowe Price IRA account of Marcia K. Blum.
3.
From the J. P. Morgan Retirement Plan of Mark L. Blum, the balance of the funds
sufficient to pay the sum of$227,500.00 will be transferred to the T. Rowe Price account after
payment of the T. Rowe Price IRA to Marcia K. Blum. In addition, the sum of $22,750.00
representing the 10% early withdrawal penalty on the entire $227,500.00 settlement amount will
also be transferred to the T. Rowe Price account of Marcia K. Blum from the 1. P. Morgan
Retirement Plan in order to reimburse Marcia K. Blum for the penalty she will incur for early
withdrawal.
4.
The transfer of the T. Rowe Price and J.P. Morgan balances as defined in Paragraphs 2
and 3 above from the accounts of Mark L. Blum to the IRA account(s) of Marcia K. Blum is in
full satisfaction of Husband's obligation to Wife pursuant to paragraph lO(e) ofthe Marriage
Settlement Agreement.
5.
In addition, Mark L. Blum agrees to pay Marcia K. Blum the additional sum of Five
Hundred and noli 00 ($500.00) Dollars toward her legal expenses and agrees to pay the sum of
One Thousand Nine Hundred and no/toO ($1,900.00) Dollars per month as alimony beginning
August 1, 2006 and continuing for the first eleven (11) months and the sum of One Thousand
Six Hundred Fifty nd no/l 00 ($1,650.00) Dollars per month as alimony for an additional 108
months. All alimony subject to be modified only if there is a substantial change in the case of
disability or income loss by Mark L. Blum.
2
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6.
The items of personal property will be resolved by payment of the sum of Six Hundred
and no/lOa ($600.00) Dollars from Mark L. Blum to Marcia K. Blum along with the equal
division of other personal items currently in Mark L. Blum's basement storage.
7.
Marcia K. Blum must return the signed final Consents and Waivers to her counselor
counsel for the Defendant by July 31, 2006.
IN WITNESS WHEREOF, the parties, by their counsel, hereunto have set their hands
and seals the day and year first above written.
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MARK L. BLUM
(SEAL)
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CIA K. BLUM
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MARCIA K. BLUM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2006-1776 CIVIL TERM
CIVIL ACTION - LAW
MARK L. BLUM,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section 3301 (c) and or (d) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the
defendant, Mark L. Blum, to his attorney, Marcus A. McKnight, III, Esq. An Acceptance of Service was
signed on April 1, 2006, by Marcus A. McKnight, III, Esq.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code:
by plaintiff: March 1, 2007; by defendant: March 7,2007.
(b)(l) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a)
of which is attached:
Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy
(b)
Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:
March 2, 2007
Date defendant's Waiver of Notice in Section 3301(c
March 7, 2007.
Date: March 7, 2007
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No. 2006-1776 CIVIL TERM.
DECREE IN
DIVORCE
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/,,. , Z-tJDr, IT IS ORDERED AND
MARCIA K. BLUM
, PLAt NTI FF,
MARK L. BLUM
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Harriase Settlpmput Asreement dated May 5. 2006. and the Addendum to the
Marriage Settlement Agreement dated July 25, 2006, and signed by the parties
are hereby incorporated into this Divorce Decree but not merged.
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0' 0 3 2006
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: IN THE COURT OF COMMON ~. -,EAS OF
: CUMBERLAND COUNTY, PEN~r~ YLVANIA
MARCIA K. BLUM,
Plaintiff/Alternate Payee
v.
CIVIL ACTION - LAW
MARK. L. BLUM,
Defendant/Participant
2006 - 1776 CIVIL TERM
PACSES CASE NO. 546108"16
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
.M arch , cMO 7
AND NOW, this t-.~ day ofod..bal006, it is hereby Ordered that the Le
Enterprises, Inc. Employee's Retirement Account Plan shall be made an Order J Court as
follows:
1. This Order is intended to be a qualified domestic relations order ("QDRO" , as that terms
in defined in ~206(d) of the Employee Retirement Income Security Act of 1974 ("~] ISA") AND
~414(p) of the Internal Revenue Code of 1986 ("Code"). This QDRO is granted i1 accordance
with applicable state domestic relations laws which related to marital propert J rights, child
support, and/or spousal support between spouses and former spouses in matrimoni ~ actions.
2. The "Participant" is Mark L. Blum. The Participant's last known mailin ~ address is 31
Ashton Street, Carlisle, Pennsylvania 17013. The Participant's social security nunl1 er is 243-06-
2664.
3. The "Alternate Payee" is Marcia K. Blum. The Alternate Payee's last a own mailing
address is 340 North Bever Street, Wooster, Ohio 44691. The Alternate Payee's !Dcial security
number is 281-66-0190. The Alternate Payee is the wife of the Participant.
4. The parties were married on May 16, 1980, in Akron, Ohio, and a Diver e Complaint
was filed on March 27, 2006, in the Court of Common Pleas of Cumbu and County,
Pennsylvania.
. .
5. This Order applies to benefits under the Lee Enterprises, Inc. Employee s Retirement
Account Plan ("Plan").
6. A. The Alternate Payee, Marcia K. Blum, is hereby assigned an i t rest in and
entitled to receive One Hundred Eight Thousand Eight Hundred Eighty Tw and 33/100
($108,882.33) Dollars of the Participant's vested account balance in the Plan. e Alternate
Payee's interest shall be satisfied by transferring pro rata by fund and source suc
separate account under the Plan on behalf of the Alternate Payee or into a qualifie RA fund of
the Alternate Payee.
B. The Alternate Payee is not entitled to earnings, gains and losses 0 e specified
amount.
7. The Alternate Payee may elect to receive payment from the Plan of bene
the Alternate Payee under this Order in any form in which such benefits may be
Plan to the Participant, other than in the form of a qualified joint and survivor
respect to the Alternate Payee and his or her subsequent spouse, if any, but on
elected complies with the minimum distribution requirements of ~401(a)(9) of the
Payments to the Alternate Payee pursuant to his Order shall be in accord
Plan terms and commence as soon as practicable after this Order has been dete
qualified domestic relations order, and upon receipt of the Alternate Payee's prop
benefit election form.
uity with
8. Any amounts assigned to the Alternate Payee under this Order shall not e affected by
the Participant's death.
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9. If the Alternate Payee dies prior to receiving his or her share of the Partic' t's account
balance assigned to such Alternate Payee under the terms of this Order, the Alt ate Payee's
share shall be made to a beneficiary designated by the Alternate Payee on a fo
the Plan.
10. To the extent permitted by the Plan, the Alternate Payee shall be pied to direct
investment of her separate interest to the same extent as the Participant is entitl to direct the
investment of her account balances. To the extent not inconsistent with the terms
Alternate Payee shall not be eligible for hardship distributions or loans.
11. The parties to this Order intend that it comply with the applicable provis' 0 s of ERISA
and the Code. Nothing in this Order shall require the Plan:
A. To provide any type or form of benefit, or any option, not oth
under the Plan;
B. To provide increased benefits (determined on the basis of actuarial
C. To pay benefits to any Alternate Payee that are required to be p d to another
Alternate Payee under another Order previously determined to a qualified
domestic relations order.
12. The Court reserves jurisdiction over the parties and the subject matter amend this
Order to establish and maintain its status as a QDRO under ERISA and the Code.
BY THE COURT:
AJ
A. HESS, JUDGE
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: IN THE COURT OF COMMON I LEAS OF
: CUMBERLAND COUNTY, PEN 'l SYLVANIA
MARCIA K. BLUM,
Plaintiff! Alternate Payee
v.
CIVIL ACTION - LAW
MARK. L. BLUM,
Defendant/Participant
2006 - 1776 CIVIL TERM
PACSES CASE NO. 546108 a 6
IN DIVORCE
LEE ENTERPRISES. INC.
EMPLOYEE'S RETIREMENT ACCOUNT PLAN
PETITION FOR
QUALIFIED DOMESTIC RELATIONS ORDER
+00\
AND NOW, this ~ day of September 2006, comes the parties and make~ he following
Petition for a Qualified Domestic Relations Order of Court in this case:
This Order is intended to be a qualified domestic relations order ("QDRO') as that terms
in defined in ~206(d) of the Employee Retirement Income Security Act of 1974 ("P RISA") AND
~414(p) of the Internal Revenue Code of 1986 ("Code"). This QDRO is grantee I n accordance
with applicable state domestic relations laws which related to marital proper1 y rights, child
support, and/or spousal support between spouses and former spouses in matrimon a actions.
SECTION 1.
INDENTIFICA TION OF PLAN
This Order applies to benefits under the Lee Enterprises, Inc. Employee' ;i Retirement
Account Plan ("Plan").
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SECTION 2.
IDENTIFICATION OF PARTICIPANT AND ALTERNATE PAYE E
a. The "Participant" is Mark L. Blum. The Participant's last known n iling
address is 31 Ashton Street, Carlisle, Pennsylvania 17013. The Participant's social ecurity
number is 243-06-2664.
b. The "Alternate Payee" is Marcia K. Blum. The Alternate Payee's 11 st known
mailing address is 340 North Bever Street, Wooster, Ohio 44691. The Alternate P~ ee's social
security number is 281-66-0190. The Alternate Payee is the wife of the Participan .
SECTION 3.
AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PA YEI
1 (b). The Alternate Payee is hereby assigned an interest in and entitled tc eceive One
Hundred Eight Thousand Eight Hundred Eighty Two and 33/100 ($108,882.3~' Dollars of
the Participant's vested account balance in the Plan until exhausted, and then any l,~ ance from
the Supplemental Plan which is vested. The Alternate Payee's interest shall be sat stied by
transferring pro rata by fund and source such interest to a separate account under tJ 11 Plan on
behalf of the Alternate Payee or into a qualified IRA plan of the Alternate Payee.
2(b). The Alternate Payee is not entitled to earnings, gains and losses on tl e specified
amount.
SECTION 4.
FORM AND COMMENCEMENT OF PAYMENT
The Alternate Payee may elect to receive payment from the Plan of benefit ssigned to
the Alternate Payee under this Order in any form in which such benefits may be pa i! under the
Plan to the Participant, other than in the form of a qualified joint and survivor annl i y with
respect to the Alternate Payee and his or her subsequent spouse, if any, but only if deform
elected complies with the minimum distribution requirements of ~401(a)(9) ofthe (ode.
4(a). Payments to the Alternate Payee pursuant to his Order shall be in act Drdance with
the Plan terms and commence as soon as practicable after this Order has been dete 1 ined to be a
2
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qualified domestic relations order, and upon receipt of the Alternate Payee's prope I completed
benefit election form.
SECTION 5.
DEATH OF PARTICIPANT
Any amounts assigned to the Alternate Payee under this Order shall not be ected by
the Participant's death.
SECTION 6.
DEATH OF AL TERNA TE PAYEE
If the Alternate Payee dies prior to receiving his or her share of the Particip t's account
balance assigned to such Alternate Payee under the terms of this Order, the Alterna
share shall be made to a beneficiary designated by the Alternate Payee on a form a oved by
the Plan.
SECTION 7.
INVESTMENT DIRECTION, LOANS AND HARDSHIP DISTRIBU
To the extent permitted by the Plan, the Alternate Payee shall be permitted t
investment of her separate interest to the same extent as the Participant is entitled t
investment of her account balances. To the extent not inconsistent with the terms 0
Alternate Payee shall not be eligible for hardship distributions or loans.
SECTION 8.
COMPLIANCE WITH APPLICABLE LAWS
The parties to this Order intend that it comply with the applicable provisions f ERISA
a. To provide any type or form of benefit, or any option, not otherwise
under the Plan;
and the Code. Nothing in this Order shall require the Plan:
b. To provide increased benefits (determined on the basis of actuarial v 1 e); and
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c. To pay benefits to any Alternate Payee that are required to be paid t another
Alternate Payee under another Order previously determined to be a alified
domestic relations order.
SECTION 9.
RESERV A TION OF JURISDICTION
The Court reserves jurisdiction over the parties and the subject matter to a nd this
Order to establish and maintain its status as a QDRO under ERISA and the Code.
AND NOW, intending to be legally bound hereby, the parties enter their
the date set forth above.
WITNESSETH:
ON BEHALF OF
ALTERNATE PAYEE:
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