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HomeMy WebLinkAbout06-2161 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /5M/day of ?2?J?eiY1? 2006, by and between LEROY A. STITT, SR., of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband, AND JEANSTITT, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September 12, 1966, in Newburg, Cumberland County, Pennsylvania, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: --Page 1 of 12-- 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Marylou Matas, Esquire. Husband has reviewed this Agreement and has had the opportunity to have the provisions of this Agreement and there legal affect explained to him by counsel, but has chosen to proceed on his own without legal representation and is entering into this Agreement of his own free will. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel --Page 2 of 12-- the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Tangible Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. The parties own two (2) cemetery plots at Cumberland Valley Memorial Gardens. In consideration for her interest in these cemetery plots, Husband shall pay to Wife the sum of FIVE HUNDRED AND 00/100 ($500.00) DOLLARS within ten (10) days of execution of this Agreement. With the exception of this property, Husband and Wife do hereby acknowledge that they have previously divided there tangible personal property. 6. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. 7. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband shall retain sole and exclusive possession of the parties' 2005 Chevrolet Colorado Pick Up Truck listed in his name individually. This vehicle is --Page 3 of 12-- encumbered with a loan requiring the monthly payment of approximately $541.00. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for the repayment of this loan. Husband shall make all such payments in a timely fashion as they are due. Husband shall indemnify Wife and hold her harmless from any and all collection activities whatsoever for this loan. If it is discovered that this loan is a joint responsibility, Husband shall refinance this loan to his name individually within 90 days of execution of this Agreement. Wife shall make no claim to Husband's access or ownership of said vehicle. b.) Wife shall retain sole and exclusive possession of the parties' 2000 Chevrolet Impala titled in the parties' names jointly. Husband shall make no claim to Wife's access or ownership of said vehicle. Husband will promptly execute any and all necessary documents to transfer this vehicle to Wife's name individually. This vehicle is encumbered with a loan requiring the monthly payment of approximately $155.00. Wife shall be solely and exclusively responsible for the repayment of this loan. Wife shall make all such payments in a timely fashion as they are due. Wife shall indemnify Husband and hold him harmless from and against any and all collection activities whatsoever for this loan. 8. Real Estate: During their marriage, the parties owned real estate located at 1340 Mountain Road, Cumberland County, Pennsylvania and a separate lot owned at 1338 Mountain `erg Road, Newburg, Cumberland County, Pennsylvania. These properties are not encumbered by any mortgages. Located on these parcels are a mobile home and a house which the parties rent out for usually $500.00 per month. From the date of separation forward, Husband shall maintain sole and exclusive responsibility for the payment of all taxes, insurance and maintenance and other payments due for both lots and indemnify Wife and hold Wife harmless from any demand for payment and collection activity whatsoever. Husband shall retain ownership of the properties. Wife shall execute a deed transferring her interest in the properties --Page 4 of 12-- to Husband's name individually. Husband shall make payment to Wife the sum of THIRY-NINE THOUSAND AND 00/100 ($39,000.00) DOLLARS payable at the rate of ONE HUNDRED FIFTY AND 00/100 ($150.00) DOLLARS for five (5) years beginning on September 8, 2005 and continuing every week thereafter until paid in full. If Husband fails to make payment in full to Wife by September 8, 2010, at Wife's option waiver of alimony, spousal support and alimony pendente lite shall be null and void and Wife may seek from Husband alimony, spousal support or alimony pendente lite. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. More specifically, the parties owned during their marriage a joint checking account at Adams County Newville Branch. That joint account was closed on approximately August, 2005. Any funds were divided between the parties. If it is discovered that other joint accounts exist, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. 10. Pension Interests: Husband owns or has a retirement interest with Roadway through his employment with that company. Wife shall receive 25% of Husband's gross retirement benefits. Counsel for Wife shall prepare a Qualified Domestic Relations Order to effectuate this transfer. Husband shall provide and sign all necessary QDRO documents. Wife waives any 401(k) benefits Husband may own or have an interest in through his Roadway employment. In addition, Wife knows that Husband collects a pension through his prior employment with Frog & Switch. Wife hereby waives, relinquishes and transfers any and all of her rights, title and interest she has or may have in Husband's pension through his Frog & Switch employment, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. --Page 5 of 12-- Wife does not own or have an interest in any pension or retirement benefit as of the date of separation. 11. Marital Debt: a. Post Separation Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. In the event that either party contracted or incurred any debt since the date of separation on December 18, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. b. Future Debt: From the date of this Agreement forward, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C. Marital Debt: Since the time of separation, Wife has filed a Chapter 13 Bankruptcy and continues to make payments thereon. Wife believes that with the exception of one (1) marital debt, all other marital debts are included within this bankruptcy. So that the parties should not have any other joint obligations for which they are responsible. Wife does acknowledge that during the marriage she did open a credit card listed in Husband's name individually. This is a Fleet Credit Card account which had an approximate balance of $8,000.00 at the time of separation. Wife agrees to maintain responsibility for this debt balance and shall make all payments due thereunder in a timely fashion as they become due. 12. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. --Page 6 of 12-- 13. Spousal Support Alimony Alimony Pendente Lite and Spousal Maintenance: a.) Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband, except in the event, of Husband's failure to make payment as due as agreed in paragraph eight of this Agreement. In the event of Husband's failure to make payment as due as agreed in paragraph 8 herein, Wife's waiver of support, alimony and spousal maintenance is hereby deemed withdrawn and Wife shall file a Complaint for Support and/or Alimony to which Husband will not defend. 14. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony --Page 7 of 12-- pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 15. Divorce: At the time of execution of this Agreement, Wife has commenced an action for divorce against Husband. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. This Agreement supersedes the interim Agreement executed by the parties' January 24, 2005, a copy of which is attached hereto as Exhibit "A" b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 16. Legal Fees: In the review and preparation of this Agreement other documents attendant to the divorce and filing fees, the parties agree to share equally the cost of legal fees. 17. Non-Compliance: If either party fails to comply any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such failure, in which event the non-complying party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court --Page 8 of 12-- action or negotiations, or to seek such other remedies or relief as may be available to him or her. 18. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 19. Summary ofEf ect ofAgreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 20. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or 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. 21. Mutual Cooperation/Duty to Ef ectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 22. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they --Page 9 of 12-- have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 23. Seve_ ram: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 24. No Waiver ofDe ault: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 25. Intel: 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. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 26. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. --Page 10 of 12-- 27. Waiver or Modification to be in Writine: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 28. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 29. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 30. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Date E ROY 7Ag STITT, SR. Date JEAN STITT --Page 11 of 12-- COMMONWEALTH OF PENNSYLVANIA ; COUNTY OF On this 6 44\ day of 2006, before me, the undersigned officer, personally appeared, LEROYA. STITT, SR., known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /1 i r A - Notary Public VIVtAN J. COHI(:K DlsWd Judge 09.3.02 aZ*. Big Spft Av~ smMelon EMas _ 2.2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF bmmtc?oL& On this 15 L-'t` day of , 2006, before me, the undersigned officer, personally appeared JEANSTITT, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not Public MERLENE J. PAW MY COMMISSION 01 JUNE & ; Famp" 2010 --Page 12 of 12-- C-0 r e; -s ,.. - i i' CrN y t1- ` 1 t O N CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: Leroy A. Stitt, Sr. 402 Centerville Road Newville, PA 17241 SAIDIS, FLOWER & LINDSAY MaryIO[rM'-has, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATIDRNEYS.AT•uw 26 West High Street Carlisle, PA JEAN STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2161 LEROY A. STITT, SR. Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed 04/17/06. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: L roy A. itt, Sr. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LINDSAY ATQRNM-AT uw 26 West High Street Carlisle, PA and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: l? ( S G? 2 rt?'? n sz- Teroy A. r, Sr. r' o J? m -v7 r Mt a f ? r ? W i Co JEAN STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2161 LEROY A. STITT, SR. Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed 04/17/06. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: J an Stitt PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SADDIS, FWWER & LINDSAY AT ORNM-AT IAw 26 West High Street Carlisle, PA and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: C?' /s ern 46an Stitt N Gf C 'T7 n n rrl mm z .?' "o a C.0 ' 7 ` T ? , ??' GSrn JEAN STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2161 LEE STITT, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD SAIDIS, FLOWER & LINDSAY AIR)RNM-AT•WW 26 West High Street Carlisle, PA To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on April 28, 2006, via Certified Restricted Delivery Mail. Proof of service was filed with the Court on May 8, 2006. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 9/15/06 and filed contemporaneously herewith By Defendant: 9/05/06 and filed contemporaneously herewith 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated September 15, 2006 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 9/15/06 and filed contemporaneously herewith By Defendant: 9/05/06 and filed contemporaneously herewith Dated: i Marylou -M,,atas, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 r-a C o-+ --?• 'b -p (ri3? JEAN STITT, Plaintiff V. LEE STITT, Defendant NOTICE TO DEFEND SAIDIS, FLOWER & LINDSAY ATNMNkI'S.APWW 26 West High Stmt Carlisle, PA YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A gist of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL A//CTION -//LAW NO. 6( '9 1 & IN DIVORCE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY 1 Maryldu tas, squire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff JEAN E. STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. A STITT, SR. Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is JEAN E. STITT, an adult individual residing at 160 Mohawk Road, Newville, Pennsylvania 17241. 2. The Defendant is LEROY A. STITT, Sr., an adult individual residing at, 402 Centerville Road, Newville, Pennsylvania, 17241. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 12, 1966 in Cumberland County, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 9. The Plaintiff has been advised that counseling is available and that SAIDIS, FLOWER & LINDSAY At io M-AT•uw 26 West High Street Carlisle, PA he/she has the right to request that the court require the parties to participate in counseling. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY J Marylou latas, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY nnuw?ersaruw 26 West High Street Cedmie, PA VERIFICATION I verify that the statements made in the foregoing document 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. (?" h2-/ J n E. Stitt Date: D ?? CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, return receipt requested, postage prepaid, addressed as follows: Leroy A. Stitt, Sr. 402 Centerville Road Newville, PA 17241 SAIDIS, FLOWER & LINDSAY ' i C ?i ? .- Ma tou atas, Esquire Suprem Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER &z LINDSAY ATNWVkYS.AT.UW 26 West High Street Cadisle, PA c-.% .? c-- ? ? ` t`+? `?-' c --' ? c? -? ? .' ,.? _-q JEAN STITT, Plaintiff LEE STITT, V. Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. - /? IN DIVORCE AFFIDAVIT OF SERVICE I, MARYLOU MATAS, ESQUIRE, being duly sworn according to law, hereby deposes and says that on April 12, 2006 she served a true and correct copy of Divorce Complaint upon Leroy A. Stitt, Sr., by mailing those documents to the his address at 402 Centerville Road, Newville, PA 17241 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, April 17, 2006 Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, FWNVER & L04DSAY KPIUME\S-M- 26 West High Street Carlisle, PA Maryl atas, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: +/ ?? ?d? Counsel for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4)f Restrloted Deliym is desired. ¦ Print.your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: ??? ?. Sort < <?. ? a ?v? I lip r? 3 x Addressee XBed Agent ad y ( Wama) C. Data of Delivery ddress dtlfere nt from item 11 ? Y. If YES, enter delivery address below: ? No Service Type AGermled Mail O 'Express Mall ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) jk e- 2. Article Number 7003 2260 0000 8704 3648 (rmnsfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 y._1 _1. roft. .000. `7l I' % JEAN STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. STITT, b? dl(pl Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, MARYLOU MATAS, Esquire, being duly sworn according to law, hereby deposes and says that on April 28, 2006 she served a true and correct copy of the Divorce Complaint upon Leroy A. Stitt, Jr., by mailing those documents to his address at 402 Centerville Road, Newville, PA 17241 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, May 3, 2006. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 11 FI?RI '& LINDSAY 26 West High Street C2disle, PA Marylq? Mates, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: 5/a?ob Counsel for Plaintiff y ,r ¦ Complete items 1, 2, and 3. Also complete 11 A A.lr Addresses C. Date of DelNery -'? v t? 0 Yee 0 No f y" V/ I lre 0 Re01 _h4lCum Rec W fa Merchandise 0 Invited Mall 0 C.O.D. 4. Restricted Delivery? (Extra Feel yes 2. Article Number 7003 2260 0000 8704 3662 ?- Mansler tom service lebso P8 Form 3811, Febnrry 2004 oonrauc Retran ttacaWA louee-0¢arltlili item 4 0 Restricted Delivery Is desired. X L ¦ Print your name and address on the reverse a(, Aa<4 so that we can return the card to you. a. is Attach this card to the heck of the mallplece, or on the from if space permits ` e ..:; 1. Anse Addressed to: delivery d Is t .: if vas, emer y E 3 . ',7 P of .+. 0 r7 'n3 IN THE COURT OF COMMON PLEAS JEAN STITT OF CUMBERLAND COUNTY Aft STATE OF PENNA. No. 06-2161 VERSUS LEROY A. STITT, SR. DECREE IN DIVORCE AND NOW, S Zcx? IT IS ORDERED AND JEAN STITT DECREED THAT , PLAINTIFF, AND LEROY A. STITT, SR. -,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 terms of the Separation and Property Settlement Agreement dated September 15, BY THE COU PROTHONOTARY 2006 are incorporated, but not merged, into this Decree in Divorce. A?v OCT 16 200gg JEAN STITT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006-2161 LEROY A. STITT, SR., Defendant IN DIVORCE Judge Oler QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of all or a portion of the Participant's benefit in the Central Pennsylvania Teamsters Retirement Income Plan 1987 (the "Plan"). 1. Participant Information: Name: Leroy A. Stitt, Sr.. Address: 1340 Mountain Road Newburg, PA 17240 Date of Birth: May 9, 1948 Social Security No.: 2. Alternate Payee Information: Name: Jean (Stitt) Lay FLOWER & LINDSAY MW ?IAW 26 West High Street Carlisle, PA Address: 160 Mohawk Road Newville, PA 17241 Date of Birth: April 29, 1948 Social Security No.: *Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. 1 3. Date of Marriage and Separation/Divorce: The Participant and the Alternate Payee were married on September 12. 1966, and were divorced on October 5. 2006. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a portion of the Participant's account balance under the Plan. The Fund is to make payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative Payee a portion of the Participant's vested accrued benefit under the Plan. [X ] The benefit payable to the Alternate Payee shall be determined by Multiplying 25% percent of the Participant's vested accrued benefit as of September 30, 2009. The Fund shall separately account for the benefits awarded in this Section as soon as administratively possible after the Order is determined to be a qualified domestic relations order. [X] The Alternate Payee shall be credited with net income, loss or expense from September 30, 2009, until the date the Alternate Payee receives the awarded benefits. 6. Form of Payment: The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 7 Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving all of the assigned benefits, the Plan shall pay the benefits to the beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office, or if no beneficiary is selected, to the Alternate Payee's estate. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 2 8. Date of Payment: The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of: (a) the date on which the Participant is entitled to a distribution under the Plan; or (b) the later of either: (i) the date the Participant attains age 50; or (ii) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. Generally, the Participant's earliest retirement age is 57. However, a Participant with 20 Years of Service may separate from service and receive benefits at age 55. A Participant with 30 Years of Service may separate from service and retire at any age. Construction: This order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. FLOWER & LINDSAY LW 26 West High Street Carlisle, PA 0. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under applicable law. 3 12. Qualification. The Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986. as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. FLOWER ? LEVDSAY ,UT0FJ 'YS,ATuw 26 West High Street Carlisle, PA So ORDERED, this _ day of OLLL'l , 2009. L ROY TITT, SR., Plan Participant 4?? 7 1 /?") 144e?' AN (STI ) LAY, Iterna Payee 1? v OA K MA MA A , Esquire 26 West-Hi?h Street Carlisle, PA 17013 Attorney for Alternate Payee 4 ? THE fir, .. ;' "; GARY 2OL19 OCT 20 2: 29 OCT 16 2009 & A JEAN STITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006-2161 LEROY A. STITT, SR., Defendant IN DIVORCE Judge Oler QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the agreement of the parties, this order disposes of all or a portion of the Participant's pension benefit in the Central Pennsylvania Teamsters Defined Benefit Plan (the "Plan"). 1. Participant Information: Name: Leroy A. Stitt, Sr. Address: 1340 Mountain Road Newburg, PA 17240 Date of Birth: May 9, 1948 Social Security No.: The Participant is not currently receiving a monthly pension from the Central Pennsylvania Teamsters Defined Benefit Plan (the "Plan"). 2. Alternate Payee Information: Name: Jean (Stitt) Lay Address: 160 Mohawk Road Newville, PA 17241 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Date of Birth: April 29, 1948 Social Security No.: *Social Security numbers do not have to be included in the court order. However, they must be provided to the Fund Office in writing. 3. Date of Marriage and Divorce: The Participant and the Alternate Payee were married on September 12, 1966, and were granted a divorce on October 5, 2006. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a portion of the Participant's vested accrued benefit. The Fund is to make payment of the Alternate Payee's benefits directly to the Alternate Payee. 5. Form of Benefit: The Alternate Payee is entitled to a separate interest. This means that she will be entitled to an annuity for her life, with a guarantee that three years of payments will be made to her (or her beneficiary, if she dies prior to receiving 36 monthly payments). The death of the Participant will not have an effect on the Alternate Payee's receipt of benefits. SAIDIS, RAWER & LENDSAY 26 West High Street Carlisle, PA 6. Formula for Determining Alternate Payee's Benefit: The Alternate Payee shall be entitled to 25% of the Participant's monthly benefits. If the Participant elects to receive the "Combined Minimum Monthly Benefit" or the "Rule of 82 to 85" Benefit, it is assumed that the Alternate Payee is entitled to the subsidized portion of the monthly benefit (if any), but not entitled to the portion of the benefit, if any, that is attributable to amounts the Participant transferred from the Central Pennsylvania Teamsters Retirement Income Plan 1987 or the Retirement Income Plan 2000. The Parties must specifically provide to the contrary in the order if that is not the parties' intentions. If the Participant is eligible for the Rule of 82 to 85 Benefit, or the CMMB, and the parties have provided for the percentage of the monthly benefit to be paid to the Alternate Payee, the Alternate Payee's monthly benefit will be increased effective as of the date the Participant elects to receive Rule of 82-85 Benefit. 7. Commencement of Payments to the Alternate Payee: If the parties elected a separate interest for the Alternate Payee, the Alternate Payee may elect to receive her benefits at any time after the Participant's "earliest retirement age" within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended. 8. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. 9. This order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value, or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 10. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under applicable law. So ORDERED, this day of t o , 20o9 dge LEROY E. STI , S , Plan anticipant r JE N (STITT) LAY, Alterna Payee r` MARYI-OV TAS, squire 26 West H Street Carlisle, PA 17013 Attorney for Alternate Payee SAIDIS, FLONWR & LINDSAY 26 West High Street Carlisle, PA FI CF TH: ZG9 G .' T 2i? j ` ?-' v tl Puy M. fZki4,&