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HomeMy WebLinkAbout02-1781MARY LYNNE MARTIN, Plaintiff RICHARD A. MARTIN, Defendant : IN TI]F~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-/'~g/ CIVIL TERM IN DIVORCE NOTICE 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 in 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 fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THF~M. 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 I~F~Lp. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABHJITIES 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 information about accessible facilities and reasonable accommodations 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. MARY LYNNE MARTIN, Plaintiff RICHARD A. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002- 17 g ICIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE NOW comes the plaintiff, Mary Lynne Martin, by her attorney, Marcus A. McKnight, BI, Esquire, and files this complaint in divorce against the defendant, Richard A. Martin, representing as follows: 1. The plaintiff is Mary Lynne Martin, an adult individual residing at 3601 Dwayne Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The defendant is Richard A. Martin, an adult individual residing at 215 Cumberland Street, Harrisburg, Dauphin County, Pennsylvania 17102. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on February 10, 1979 in Des Plaines, Cook County, Illinois and separated on January 6, 2001. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were three children bom to this marriage, namely; Laura O. Martin, bom July 15, 1986, age 15 years; Catherine E. Martin, bom September 27, 1989, age 12 years; and Randall W. Martin, bom November 25, 1992, age 9 years. 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Date: March~_~2002 Respectfully submitted, West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are hue and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: March ~, 2002 MARY LYNNE MARTIN, Plaintiff RICHARD A. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 2002- CIVIL TERM : IN DIVORCE PLAINTIFF*S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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 unswom falsification to authorities. Date: March ~, 2002 MARY LYNNE MARTIN, Plaintiff RICHARD A. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS O~' : CUMBERLAND COUNTY, PENNSYLVANIA _. C1VIL ACTION - LAW : 2002-1781 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SER VICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Marcus A. MeKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant on April 12, 2002, by certified, restricted delivery mail, addressed to her at 215 Cumberland Street, Harrisburg, PA ! 7102, with Return P~eceipt Number 7000 1530 0002 4693 6684. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are t~t and correct. I understand that false statements herein made are subject to the penalties of ~g~Za. C. S.~v~ction 4904, relating to M ¢US n. M SOUIm Attort~ey for Plaintiff Date: April 16, 2002 (';;. ,,.,~- !,i., ~..,,,.. i~ll~O i . , ' PS Form 3811, Mamh 2001 ~ ~'~'~ ~ MARRIA GE SETTLEMENT ,4 GREEMENT THIS AGREEMENT made this a,~q ~day of ~0~a,ad __, 2003, by and between MARY LYNNE MARTIN, {hereinafter referred to as "WIFE") and RICHARD A. MARTIN, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 10, 1979, in Des Plaines, Illinois, and separated on January 6, 2001. WIFE filed a Divorce Action in Cumberland County, Pennsylvania, on April 10, 2002, docketed at 2002-1781 Civil Term. The parties hereto agree and covenant as follows: I. 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. 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. is represented by 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 receiving 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 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 3501, 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 or any other law relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 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 gitts 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 REAL ESTATE: A. WIFE waives any right, title, and interest in the summer cabin located in Starrucca, Pennsylvania. WIFE agrees to sign any documents necessary to convey any interest she might have in the property to HUSBAND. B. WIFE waives any right, title, and interest in the real estate situate at 215 Cumberland Street, Harrisburg, Pennsylvania, acquired by HUSBAND after the parties' separation. WIFE agrees to sign any documents necessary to convey any interest she might have in the property to HUSBAND. C. HUSBAND waives any right, title, and interest in the real estate located in the State of Illinois owned by the parties. HUSBAND will sign a deed conveying his interest in the property to WIFE. D. HUSBAND shall sign a deed transferring all right, title, and interest in the property and lot situate at 3601 Dwayne Avenue, Mechanicsburg, Pennsylvania to WIFE. The deed shall be held in escrow by HUSBAND's counsel until such time as WIFE sells the property or refinances the existing mortgage on the property. WIFE shall use her best efforts to refinance the existing mortgage on the property within sixty (60) days of the date of this Agreement. In the event WIFE is unable to refinance the mortgage, HUSBAND is willing to allow his name to remain on the mortgage until the parties' youngest living child graduates from high school or attains the age of 18, whichever is later, after which time the property shall be sold. Within thirty (30) days of the youngest living child graduating from high school or attaining the age of 4 18, whichever is later, WIFE shall list the property for sale with a realtor of her choice. The listing price shall be determined by an independent appraisal at WIFE's expense. WIFE shall accept all bona fide offers, from qualified buyers, which are at least 95% of the listing price. WIFE shall be responsible for all costs associates with the sale of the property. WIFE shall be entitled to all proceeds of sale. WIFE shall be solely responsible for all costs associated with the property, including the mortgage, taxes, insurance and other obligations. WIFE shall indemniry and hold HUSBAND harmless from said obligation. HUSBAND's name shall be removed from all utilities and other bills associated with the property. In the event that HUSBAND should incur any cost, expense or liability in connection with the mortgage due to any action or inaction of WIFE, HUSBAND shall have the option, in addition to any other rights or remedies provided by this Agreement or by law, to set off such cost, expense or liability against any amount owed to WIFE pursuant to this Agreement, including but not limited to payments due under Paragraph 9 of this Agreement. In the event that WIFE should die and at that time there should remain any outstanding balance on the mortgage, it shall be the obligation of WIFE's estate to satisfy promptly the mortgage and to keep HUSBAND indemnified and held harmless from any liability, cost, expense, including attorneys' fees, related hereto. 8. DEBTS: HUSBAND shall be solely responsible for all debts solely in his own name including but not limited to personal loans, charge accounts,and credit cards. HUSBAND will be solely responsible for the joint MBNA credit card with the last four digits of 6975 which has a current balance of zero. He will remove WIFE's name from said account. WIFE shall be solely responsible for all debts in her name. WIFE's obligation includes the Capital One VISA card which has a current balance of $3,700.00 and which she will place in her own name. WIFE shall immediately cooperate in having HUSBAND's name removed from all joint credit cards, including canceling the cards if necessary. Both parties represent and warrant to the other that as of January 6, 2001, neither has incurred and will not in the future contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 9, SPOUSAL ALIMONY AND CHILD SUPPORT: A. ALIMONY: HUSBAND shall pay to WIFE the sum of $2,200.00 per month for her separate support and maintenance through February 2015, his death, her death, her remarriage or co-habitation whichever occurs first. These payments will be made directly to WIFE. The parties agree that the entire amount being paid to WIFE pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of WIFE within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the HUSBAND's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. WIFE agrees that all said payments shall be included as income to the WIFE in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. This Agreement has been negotiated and executed under the assumption that the payments for alimony to WIFE shall be deductible by HUSBAND. If, as a result of a binding determination to the contrary or because of some subsequent change in the governing law or its authoritative interpretation, the payments of any part of the payments will no longer be deductible by HUSBAND, then the sums payable by HUSBAND to WIFE under this paragraph 9a shall be reduced by the amount of his increased tax obligation. It is agreed that in the event HUSBAND becomes disabled or suffers a decrease in his income, the alimony amount agreed to herein shall be shifted to a downward modification upon petition to the court or agreement of the parties. It is agreed that the alimony should not be subject to an increase and should in no event be higher than $2,200.00 per month. B. CHILD SUPPORT: HUSBAND shall pay to WIFE for the use, benefit, support and maintenance of the parties' minor children the sum of $1,500.00 per month. These payments shall be made directly to WIFE. Said payments shall continue until the oldest child completes high school, becomes emancipated, marries, dies, or obtains the age of 18, whichever occurs first. Upon the completion of child support payments for the oldest child, the support for the younger children shall be modifiable through the domestic relations office or agreement of the parties. During any period in which HUSBAND is paying child support, if there is a material change in the cost of living or the financial circumstances of either party, or change in the present custody arrangement, the amount of the support payments shall be subject to an appropriate adjustment by agreement or if the parties are unable to agree, by a court of competent jurisdiction. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a.Assets listed on attached Exhibit A (1) within 30 days of the date of this Agreement. b. His bank accounts. c. Any life insurance policy. d. His employee benefits including but not limited to his Reckitt Benckiser retirement plan and his Fidelity savings investment plan. e. His Valley National Bank Individual Retirement Account. WIFE shall receive the following items: a. The personal property in her current possession. b. Her bank accounts. c. The real estate to be signed over to WIFE upon the signing of this Agreement. d. Payment from HUSBAND'S retirement account to WIFE'S IRA in the amount $50,000.00. 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. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. ll. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession o£WIFE. HUSBAND agrees to immediately sign over title to WIFE'S automobiles into WIFE's name alone. b. WIFE agrees to waive any and all interest which she may have in the automobile in possession of HUSBAND. WIFE agrees to immediately sign over title to HUSBAND's automobile into HUSBAND's name alone. 12. INSURANCE AND EMPLOYEE BENEFITS: 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 except that WIFE will receive ownership of HUSBAND'S Equitable Life Insurance Policy. HUSBAND will transfer said policy in the amount of $100,000.00 to WIFE and WIFE will be solely responsible for payment of the premiums. 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. 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. HUSBAND agrees to waive all interest which he has in any bank accounts o£ the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. 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. The parties shall simultaneously with the signing of this Agreement, execute Affidavits of Consents and Waivers of Notice of Intention to Request Entry of Divorce Decree. Said documents shall be filed with the court and counsel for the HUSBAND will file a Praecipe to Transmit Record and obtain a divorce decree. 15. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. t6. 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. 17. 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. I0 18. 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. APPLICABLE LAW: Commonwealth of Pennsylvania. 19. This Agreement shall be construed under the Laws of the INCOME TAX EXEMPTIONS: 20. The parties agree to equally divide the Federal income tax exemptions of the children as follows: Beginning for the 2004 tax year, HUSBAND will have Laura and WIFE will have Catherine. The parties will alternate the tax exemption for Randall with the HUSBAND having him as a tax exemption on the odd-numbered years. The WIFE will have Randall as a tax exemption on the even-numbered years. 21. COLLEGE TUITION AND EXPENSES: The parties agree that each shall contribute to the post-high school expenses incurred by their children that exceed funds received from grants, scholarships, children's earnings, education loans and funds available from Uniform Gift to Minors Accounts or other accounts established for the children's post-high school education. Post-high school expenses are defined as tuition, books, and room and board only. This obligation shall continue until each child reaches the age of 23, graduates, or fails to maintain a minimum Grade Point Average of 2.5, whichever occurs first. HUSBAND's obligation is conditioned upon his being actively consulted in the selection of an appropriate post-high school education for each child and that the choice of an institution or program shall be mutually agreed upon by HUSBAND, WIFE, and each child; taking into consideration the parents' then financial ability and economic circumstances, and the childrens' 11 needs, desires, talents, and aptitudes for post-high school education. In no event shall either party be required to pay more than 50% of post-high school education costs for any child. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs required to obtain and complete the divorce. 24. 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, curtesy, 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. 25. INDEMNIFICATION: Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission or such party, such party will at his or her sole expense, defend the other 12 against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting there from. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to HUSBAND or WIFE from any inaccurate representation made by or on behalf of either HUSBAND or WIFE to the other in this Agreement, any breach of any of the warranties made by HUSBAND or WIFE in this Agreement, or breach or default in performance by HUSBAND or WIFE of any of the obligations to be performed by such party hereunder. The HUSBAND or WIFE agrees to give the other prompt written notice of any litigation threatened or instituted against either party, which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 26. MODIFICATION: No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 27. SEVERABILITY: If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 13 28. AGREEMENT NOT TO BE MERGED: This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the pmties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~ICHARD A. MAR~IN 14 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this _~ day of~ ~'A~ , 200~,~ a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MARY LYNNE MARTIN, 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. COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this 2qg'~"day of a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, RICHARD A. MARTIN, 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. 15 Mernioer, Pennsylvania A.esoclat/on of Notaries Exhibit "A" Items to be transferred to Husband: 1) 2) 3) Items inherited from Husband's parents: a) One set of china; b) One, or both, bridge pictures; c) The four ?-,drew Wyeth's; d) The beaded dog picture; e) The pendulum Mantel Clock; 0 Husband's parents' ashes; g) Arabella; h) Marble chess set (in the attic); i) Books; and j) Rocker (from the basement). Any tools that Wife does not want or will not use. Tool chest, if Wife does not want it. MARY LYNNE MARTIN, Plaintiff RICHARD A. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF _. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-1781 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 10, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi.om 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 ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: JANUARY 9 , 2004 MARY LYNNE MARTIN, Plaintiff RICHARD A. MARTIN, Defendant : IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-1781 CIVIL TERM : 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 ora 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 tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: JANUARY 9, 2004 Plaintiff MARY LYNNE MARTIN, PLAINTIFF RICHARD A. MARTIN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-1781 CW1L TERM CWIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final Decree of Divome after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree and correct~ I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Oate: ,¢ 9 Richard A. Martin, D~fe/fidant ///December 29, 2003 10:26 AM MARY LYNNE MARTIN, PLAINTIFF RICHARD A. MARTIN, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1781 CiVIL TERM : : CiVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER {3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Richard A. Martin, DelenaanI ///January 12, 2004 3:52 PM MARY LYNNE MARTIN, PLAINTIFF RICHARD A. MARTIN, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1781 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date m~d manner of service of the Complaint: The Complaint was served via first class mail on the defendant on April 11, 2002. 3. (a). Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff January 9, 2004; by defendant December 29, 2003. (b)(1). Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (b)(2). Date of filing and service of the plaintiff's affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (a). Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b). Date plaintift's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date defendant's Waiver of Notice in §3301(c) Divorce was flied with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praecipe. Date: ]- [5 - ~ By: SMIGEL, ANDERSON & SACKS I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorney for Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~ PENNA. t4A[{Y L~i~E ~'iN PLAINTIFF NO. 2002 - 1781 C/VTL 'i'~ VERSUS D~,NDANT DECREE IN DIVORCE AND NOW, DECREED THAT MARY LYNNE MARTIN , /-..~{, IT IS ORDERED AND , PLAINTIFF, AND ~C~IARDA. MARTIN ,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; It is further ORDRRRD and DP,("Rh:t,:I} ~'h~- ~-h¢, M~r[ar3e ,~,ePJ-]eP:~n~: Agrce~_nt executed by and between the parties, dated December 29, 2003, is incorporated by reference into this Decree for the purposes of enforcement, but shall NOT be (:~a~ tu ]~=w b~:~z~ u~3'~-~ with t3~is Decree. MARY LYNNE MARTIN, PLAINTIFF RICHARD A. MARTIN, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1781 CIVIL CIVIL ACTION - DWORCE STIPULATION AND NOW, this ~ 5ay of~u/.~, 2004, counsel for the parties in the above referenced action hereby stipulate and agree that the Order attached hereto encompasses the intent o£ their respective client and that it may be adopted as a Court Order. IRWIN, ~I~//HUGHES Marc~/s McKn~ I.D. #: West Pomfret'Pro-'tt'ssianal Building 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 SMIGI~L, ANDERSJ~)N & SACKS Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff Attorney for Defendant ///December 29, 2003 4:30 PM MARY LYNNE MARTIN, PLAINTIFF RICHARD A. MARTIN, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1781 CIVIL CIVIL ACTION - DIVORCE FEB 0 5 OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of ~¢ ~, ,a z~ *], 2004, based on the findings set forth below, it is hereby ORDERED AND DECREED: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefit payment under the Company's defined contribution plan the name of which is Reckitt Benckiser Savings Investment Plan and is entered pursuant to the authority granted under the applicable domestic relations laws of the State of Pennsylvania. This Order relates to the provisions of Marital Property Rights. Section (1) Participant Information: Participant is Richard A. Martin. His current address is 215 Cumberland Street, Harrisburg, Pennsylvania 17102. His social security number is 140-52-0231 and his date of birth is January 15, 1955. Section (2) Alternate Payee Information: The Alternate Payee is Mary Lynne Martin, whose current address is 3601 Dwayne Avenue, Mechanicsburg, Pennsylvania 17050. Her social security number is 356-52-3840 and her date of birth is July 23, 1956. Section O) Allocation of Benefits: This Order allocates the following benefit to the Alternate Payee: ///December 29, 2003 4:30 PM MARY LYNNE MARTIN, PLAINTIFF RICHARD A. MARTIN, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1781 CIVIL CIVIL ACTION - DIVORCE FEB 0 5 QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~'~ day of ~¢~ ~o ~ -} , 2004, based on the findings set forth below, it is hereby ORDERED AND DECREED: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefit payment under the Company's defined contribution plan the name of which is Reckitt Benckiser Savings Investment Plan and is entered pursuant to the authority granted under the applicable domestic relations laws of the State of Pennsylvania. This Order relates to the provisions of Marital Property Rights. Section (1) Participant Information: Participant is Richard A. Martin. His current address is 215 Cumberland Street, Harrisburg, Pennsylvania 17102. His social security number is 140-52-0231 and his date of birth is January 15, 1955. Section (2) Alternate Payee Information: The Alternate Payee is Mary Lynne Martin, whose current address is 3601 Dwayne Avenue, Mechanicsburg, Pennsylvania 17050. Her social security number is 356-52-3840 and her date of birth is July 23, 1956. Section (3) Allocation of Benefits: This Order allocates the following benefit to the Alternate Payee: Specific Amount of $50,000.00. Section (4) Method of Payment: The method of payment will be in the form of a check, which represents the cash value of the portion of the account that has been allocated to the Alternate Payee. The value of securities distributed shall be based on the daily price at the close of business on the day the moneys are actually removed from the Participant's account. The Alternate Payee's allocated portion will be taken proportionately from all investment funds for which the Participant has a vested balance. Section (5) Commencement of Benefits: Issuance of the payment to the Alternate Payee will be made as soon as practical following the QDRO Department's receipt of a Court-certified copy of this properly completed Qualified Domestic Relations Order and any other documents as may be required by the Plan Administrator. Section (6) Understandings and Conditions: (a) Cash Payment - The value of thc securities distributed to thc Alternate Payee in cash shall be based on thc closing daily price as of the day the moneys are actually removed from the Participant's account. (b) Constructive Receiot - In the event the Plan Trustee inadvertently pays to thc Participant any benefits that are allocated to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse such payments directly to the Alternate Payee, (c) Delivery of Payment - Whether a direct transfer rollover of taxable funds is elected or an immediate distribution, the benefit check will always be mailed directly to the Alternate Payee at the address provided in Section (2) of this Order. (d) Federal Tax Treatment - For purposes of Section 402(a)(1) of the Internal Revenue Code, an Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee for any distribution made to the Alternate Payee under the terms of this Order. As such, the Alternate Payee will be required to pay the appropriate Federal income tax on such distributions. Further, the tax basis of any distribution to the Alternate Payee shall be on a proportionate basis pursuant to Section 72(m)(10) of the Code. (e) Notice of Prior Order - By the submission of this Domestic Relations Order, the interested parties in this cause certify that they are not aware of any prior orders which purport to dispose of the benefits described herein. Should a prior order exist, it is the responsibility of the interested parties to advise the Plan Administrator prior to the Plan Administrator's determination of the "qualified status" of this Order. (0 Qualified Domestic Relations Order - This Order is intended to fulfill the requirements of a qualified domestic relations order pursuant to Section 414(p) of the Internal Revenue Code and as such, this Order shall not require the Savings Plan to provide any increased benefits (in actuarial value) over those benefits otherwise provided for under the Savings Plan. (g) Terms - Terms used in this Order shall have the same meaning as in the Plan Document unless the context requires otherwise. By the Court: