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HomeMy WebLinkAbout94-00868 I ,I , ;~ 1'1'1 , " ;1' " , , , , " , , , ';, 'd , , ,j , ,) , , " , ';1 I;' ;:,fj 1', II " Ii 'Iii 1'1 " , " ,I' " , " I , , I 1'\: ", " " , 1"\ , ,. 'i' , , , I I,ll " ", " " I 'I , I' I I 'iI 'Ii, , ' , , ' I, " , ' , , :I I , " , ,/ , , ' " " I, , I,l , 'I I, " 'i , ,,1 ,I "\' ii 1'" 'I, , I 1,1 ;, " " I" 'I" H,: , :" " " I , " , , , , ' --- - ~\ \.1 " ,j I I" , ' ;1 " , i'l :' " ... j;1 ,il , ' , I " I, 'I t::~...~ :M,l', 'r.IC:~',:,(M!:~'.'~,~' ,~'. '*::~:. .:<<: ::te', ~'.:~'. ,,:+;.:<<. ::~ :. l":':4C- '0Il"'':::*.: .:~~,:~,:!!'._'!!5.~J ~ . :1 IN THE COURT OF COMMON PLEAS : yl ~ III OF CUMBERLAND COUNTY III II ~ * 18 * . STATE OF "\:'"~";1' l PENNA. 18 18 * . . . RONALD H. MAAG * '" No, 868 ..,pv.n".",,,, (1)94 '" III Plaintiff II' . V"I',;IJ,' * 'ANDREA .J. MAAG. 18 * ,Oefendant 18 18 18 ~ " . . · DECREE IN , il ANDNDw,~D\~~R';'5E~,.o~2.~~'ll '" decreed that.,. .... ,R,ONAl,D .H.., .MAACi , ...... . ....", . . ...,.., . .., plaintiff, ~ '" * : :;ed ~I~~;~ed from 't::D~:An~~' ::A:~trl~O~Y'.' , . . , . . , , . , " defendant, 'I: . . I,~ . The court retains jurisdiction of the following claims which hove I~ * been raised of record In this action for which 0 final order hos not vet ~ ~ y been entered; None, I . ; :~ . . , . h' ~~D, hI!. .I~. F~~!~~R 9RD~R,EO,. .t~.a.t. t,he t.e.r!l1.s... .c,o,n.dit1eA.ns, .a.n.d .c.o.v.e'dna,nt.s'dset : ~ 18 fort 1n t e written Separat10n and Property Settlement greement ma e an : ~ '" entered, Into. by the. part.ie6, on. March, 2.\." .l.9,95,.. are, ,1nc.o,rJUl,ra.ted .1.nta ,thIs., . . '" Deere r f rence thereto. hut not merged into thIs Decree, :~ ~ :~ "', :~ '" . ~ . ~ . .. t.. :~ .' ~ ~ ,* .", ~ '-~-~,-~*.~.,~,.*..*,.*.,~,.~..~..*..*-.~..~"~,~. " " " ill " " " I I I 3)3I/ifr J /11 J~I( .- , c.'.td 47!f. '~/a~iV ,1. 'I)~ ~~ '71;tta. /f.1'JJ1 "47f (1-~tt..' " " " I " " , , , , " , I , ,I " . ",1 II, , , 'I " Iii "I " I' "~I . ... , " I, " . . RONALD H. MAAG, Plaintitt v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 868 CIVIL 1994 CIVIL ACTION -- LAW ANDREA J. MMG, Defendant IN DIVORCE F~AECIrE TO TRANSMIT RECORO To the Prothonotary I Transmit the record, together with the following information, to the court for entry of a divorce decreel 1. Ground for divorce I i.rretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the compleintl February 26, 1994, certified mail. 3. Date of execution of the affidavit of consent ~equired by section 3301 (c) of the Divorce Codel by plaintiffl March 21, 1995 I by defendantl March 17, 1995. 4. Related claims pendingl None. 15. Date and manner of servico of tho notioe of intention to file praeoipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (1) (1) of the Divorce Code. Not applicable Da tad I '3 - ;,2.:~ k~ /;(-7'ft,//h--<< , Sandra L:M'eil~Att;t:'ney for "laintiff jmb/maag,upsa 3/3/95 ' ~~"TION AND PROPERTY SETTI,EMENT-MJREEMENT THIS AGREEMEN'I', Made this lr~ day of iJJfI(l (. t, ~, 199/5, by and between Ronald II. Maa , hereinafter referred to aB "Husband", and Andrea J. Maag, horainafter referred to aB "Wife", WITNESSE'rH I WHEREAS, HUBband and Wife were lawfully married on September a4, 1977, and WHEREAS, two children were born of this marriage, namely, Ronald Rhett, born November 29, 1979, and Brandon Taggert, born December 4, 1985, and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification I the settling of all matters between them relating to the past, preaent and future support and/or maintenance of Wife by Husband or of Husband by Wite, and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property, and a resolution of all mutual responsibilities and rights growing out of thlll marriage relationship, and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Sandra L. Meiltoni and Wife by her attorney, Maria P. Cognetti, have come to the fol owing agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, in~ending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agroe as followSI 1. SEPARJ\UQlil ~"r:' j.. ~.I.1 ....\ u..J hereafter to or places as It shall be lawful for each party live separate and apart from the other he or she may from time to time choose at all U,mes at. Buph iiJace or de~ln ~ t., ....J ~ ,. .. .'.' \f\ . ,. -1- j mb/maIHI. .apsa 3/3/9~ ' 2. I~TERFERENC~1 Each party shall be free from int~rf.rence, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the proviaionll of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to oohabit with the other, nor in any way harass or malign the other, nor in any way inte,rfere with the peaceful existence, separate and ~part from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DE~L Wife represents and warrants to Husband that since their separation on February 24, 1994 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and sav~ Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DE~ Husband representa and warrants to Wife that since their separation on February 24, 1994 he has not, and in the future he will not, oontract or incur any debt or liability for whioh Wife or her estate might be responsible and shall indemnify and save Wite harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT...DtaT~L Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife inourred prior to the signing of this Agreement, except as follows I 1987 Poreche lien held by Utilities Employees Credit Union 1993 Eagle Vision lien held by Dauphin Deposit Bank Mortgage on the marital residence held by GE capital Mortgage Services -2- jmb/maag. sapsa 3/)/95 ' Each pa~ty agrees to pay the outst.anding joint debts Il8 .et torth heroin and turther IIgrees to indemnity and save harml.... the other trom any and all claims and demands made against sither ot them by reason of such debts or obligations. 6. MUTUAL RELEASEl Subject to the provisions of this Agr.eement, each party waives his or her right to alimony and any turther distribution ot property inasmuch as the parties hereto agree that this Agreement provides tor an equitable distribution ot their marital property in accordance with the Divoroe Code ot 1980. subjeot to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himselt o~ herselt, and his or her heirs, legal representatives, oxecutors/ admini.trators and assigns, release and discharge the other ot and trom all oauses of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action tor divoroe "nd excopt in any or all causes of action for breach of any provisions ot this Agreement. Each party also waives his or her right to request marital oounseling pursuant to 23 Pa.C.S.". Seotion 3302. 7. EQUITABLE DISTRIBUT.1Qli OF MARITAL PROPERTY I The parties have attempt;ed to distribute their marital property in a manner which oonforme to tho criteria set torth in 23 Pa.C.S.". Section 3501 9..t. !!JUL., and taking into acoount the following considerations: the length of the marriage, the fact that it is the first marriage for both Husband and Wite, the age, health, station, amount and sources of income, vocational skills, employability, estate/ liabilities and needs ot each of the parti.., the oontribution of each party to the education, training or inoreased earning power of the other party, the opportunity of eaoh party for future acquisitions of capital assets and income, the sources of income of both parties, including but not limited to medioal, retirement, insurance or other benefits, the oontrib'Jtion or dissipation of each party in the acquisition, pres.rvation / depreciation or appreciation of the marital property, inoluding the contribution of each spouse as a homemaker, the value ot the property set apart to each party, the standard of living ot the parties established during tho marriage, and the economic circumstances of each party at the time the division of property is to beoome effective. The division of existing marital property is not intended by the parties to oonstitute in any way a sale or exchange -3- jmb/mug.llaplla 3/3/915 . ot aeeetll, and the division ill being effeoted without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement ehall be in full satisfaotion ot all marital rights of the parties. A. IUSTRI BUTtON Or.....EIDl.JlONAI. PROPERTU The partiell hereto mutually agree that they have etfected a aatiafactory diviaion of the furniture, household furniehinqs, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and lIeparate owner of all euoh tangible penonal property proaently in hia 01' hllr possession, exoept ae set forth in Exhibit "A" attached hereto, whioh iteme ehall be distributed in aocordance with Exhibit "A" and this Agreement shall have the effect of an aasignment or bill of sale from each party to tho other for such property as may be in the individual poaaeadon of each of the parties hereto and as list forth in Exhibit "A". The partioa hereto have divided between themllelves, to their mutual satisfaotion, all items of tangible and intangible marital property. Neither party shall make any olaim to any such items of marital property, or of the separate personal property of either party, whioh are now in the possession and/or under the control of the other, or whioh property will be distributed in acoordance with Exhibit "A" attached hex'eto. ShOUld it beoome neoee.ary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of eithor party if, in the caDe of tangible personal property, the item is physically in the possession or oontrol of the pa'. ty at the tLne of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbooK, polioy or certj.fioate ot insurance or other similar writing is in the possession or control ot the party. Husband and Wife shall each be deemed to be in the possession and oontrol of his or her own individual pension or other employee benefit plans or retiromf.lnt benefits of any nature with the exoeption of Social Se.curity benefits to whioh either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any olaim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to hiS/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or persona 1, whether such property was -4- jmb/maaq.BIIpsa 3/:)/9~ ' aoquired before, during or after marriage, and neither Husband nor Wite need join in, consent to, or acknowledge any deed, mortqage, or other instrument of the other pertaining to such disposition ot property. B. DISTRIBUTION 2r-B~ ESTATE: The parties are owners by the entireties ot real estate located at 512 Partridge court, Mechanicsburg, Cumberland County, Ponnsylvania, subject to the mortgage given to GE capital Mortgage Services. The parties agree that the marital residence ahall be aold. To this extent, the home is currently listed with Prudential Thompson Wo~d. The parties agree that they ehall keep the home actively listed with a Multi-List realtor and ahall cooperate tully with efforts to sell the home and maximize a reasonable return on the Bale. Until the sale of the marital residence, Wife shall have the right to the exclusive use and pOBsession of the marital residenoe. ~ For this consideration, Wife shall be solely responsible tor payment of all future mortgage payments, taxes, insurance and all other expenses incident to the operation ot the marital residence with the exception of the monthly electric bill, water bill, sewer and trash bill. These latter four (4) expenses shall be shared equally by the parties as long as Husband's mother continues to reside in the marital residence. In the event that Husband's mother moves from the marital residence prior to its aale, then Wite shall be responsible for all expenses incident to the operation and maintanance of the home including the above mentioned utility bills until the sale of the real estate. The net proceeds from the sale of the marital residence shall be divided with Husband's mother, Evelyn Luoille Maagl receiVing 25% ot the proceeds and the parties dividing equally between them the remaining 75% of the net proceeds. Net s:roceeds shall be do fined as the ba lance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor's dommissions and costs incident to sale. c. nw.o~ AND RETIR&~. The parties agree that Husband is currently employed by GPU Nuclear and a has pension with GPU Nuclear and that Wite is ourrently employed by Pennsylvania Blue Shield and has a pension with Pennsylvania BLUe Shiold. The parties agree that each pension shall be valued by Harry M. Leister, Jr., F.S.A., with Conrad M. Siegel, Inc., and the cost of the valuation shall be divided equally between the parties. Further, the parties agree that they shall share equally in the pension uenefits available to each ot ~,H.(.uc-h+"mf AJ. Wlh:'<. t}..J;mcY\~ J.-!ct~ IJdpu: ~qO() fO tY1&n-rh W\1( (l!Kf .;.M."II n4.-Yt.- ~u.. o~,t10'Yl 0," lr\vV/f\.A OUr or -the horY\! .~hlluIJ ,shr J..o ~o ~u-~fJt'nJ M'\I.' I.UI fe ~hilj/ -t\-Wl b~ t'1uJ..lI~ (C'P'or).~1 bk fw --the l~c~t~ J l;',} I l."'~rt~ll~~ eft.) ~~ ~d fodh tlbov't.-5- '.Jlc\Jli.l,nll'> oU..IJ~ j-tu!.vV\(.I();~ ,/ ','II ~\~( wIll rY\iJJ: t t~n~ tHo y t '10 .~e II .Ihl hotY1( /),V)J .ft 1h, ~ crld ft-H bt'rw rM>1 ~yof the II ,~f Yrltt \J~IIOD() t'\n~ ~ 11\01\1'1.., j JI\b/lIIuq . lap..- 3/3/9!l ' thllll and the tormula tor determining the amount or Husband's plnlion to which Witl ia entitl~d shall be as tollowsr a. The value established by Mr. Leister tor Wite's Pennsylvania Blue Shield pension shall be subtracted tram the value established by Mr. Leister tor Husband's GPU Nuclear pension to eatablish the "ditterence" between the valuesl b. Wite shall retain her pension with Pennsylvania Blue Shield and Husband shall waive all right, title and interest to same, c. Wife shall receive 60 parcent ot the "ditterence" determined in subparagraph 7. C.a. above and such amount shall be transterred to Wife thrOUgh the use ot a Qualitied Domestic Relations order, and d, The expense incident to the preparation at the Qualitied Domestic Relations Order shall be paid by Wife. D. 401K PLANl The parties, recognizing that Husband has an intlnlt in a 401k plan provided by his employer, GPU Nuclear., agrle that, tor the purposes of this Agreement, the value of the 401k plan at the date at separation was $42,000.00. This amount Ihall be shared equally by thl' parties with $21,000.00 belnq transferred to Wife throu<;Jh tho use of Qualified Domestic Relations Order. The expense incident to the preparation of the Qualitied Domestic Relations Order prepared shall be paid by Wife. E. TAX LIABILITY:. The parties bel ieve and agree, and have been GO advised by their respective attorneys, that the division at property heretofore made by this Agreement ia a non-taxable diVision at property between co-owners rather than a taxable sale or Ixchange ot such property. Each party promises not to take any politi on with respect to the adjusted basis of the property alligned to him or her or with respect to any other issue Which i. inconsistent with the position set forth in the preceding sentence on his or her Federal or state income tax returns. B. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as followsl -6- jmb/mIla9. .apsa 3/3/915 . (a) the 1987 Porache ahall become the .ole an~ exolu.ive property of Husband. Husband oovenants and agreel to pay and di.oharge the existing lien held by Utilities Employe.. credit Union in aooordanoe with its tor'ms and agrees to indemnify Wife from any 101$ by rea.on of her default in tho payment thereot and agree. to .ave Wite harmless of any future liability with regard thereto, and (b) the 1993 Engle Vision shall beoome the sole and exolueive property of Wite. Wif.e covenants and agrees to pay and diloharqe the existing lien held by Dauphin Deposit Bank in aooordanoe with its terms and agrees to indemnify Husband trom any 10ls by realon ()f his default in the payment thereof and agrees to .ave Husband harmless ot any future liability with regard thereto I and (0) the titles to the said motor vehioles shall be executed by the parties, if appropriate for effeoting transfer as herein provided, on the date of execution of this Agreement and the said executed tltle shall ne deliv~red to the proper parties on the distribution date. 9. CUSTODY AND SUPPORT I The partieD agree that they shall oontinue to operate on the alternating weekend sohedule as set forth in the Order entered by the Honorable Edgar B. Bayley on Ootober 6, 1994, dooketed to No. 94-4905 Civil Term, Cumberland county Court of Common Pleas, Cumberland county, Pennsylvania. Per said Court order, Wite is primary physical custodian of the partios' son, Ronald Rhett Haag, and HUsband is primary physioal oustodian of the partie.' Bon, Brandon Taggert Haag. To the extent that the Order doe. not deal with partial custody in the parents, the parties agree as followSI a. Both parties are be entitled to two (2) one (1) week extended oustodial periods with both boys during the school vacation. The weeks may be taken oonsecutively or non-oonseoutively at the -liscretion of tho party electing to take the extended custodial periodS. It is understood that a week is defined as seven (7) days which must include the parent's regularly 3cheduled custodial weekend. Each party shall provide the other party with thirty (30) days' notice of hiS/her intention to exercise the extended custodial period. b. The pal"ties shall alternato the ohildren'. Thanksgiving vacation. The Thanksgiving vacation shall -7- j1llb/1Il119."PU 3/3/IHI . be defined as runnilll;j from uttsr school on Wednesday through 6100 p.m. on Sunday. o. The parties shall share the Christmas holiday a. they mutually agree. d. It is understood and stipulated between the parents that, upon their mutual agreement/ an expanded or al tered sohedule may be agreed between the parentll for and in the best interests of the children. Husband agrees to pay to Wife the sum of $600.00 per month for tho support of the parties' minor son, Ronald Rhett Haag, who i. the primary physical custody of Wife and further agree. to oontinue to maintain medical insurance in the nature of Blue Cros. and Blue Shield (or equivalent coverage) on both of the partie.' ohildren. Wife agrees to continue to maintain medical insurance in the nature of Reystone (or equivalent coverage) on both of the parU..' children. The support payments of $600.00 per month shall begin a. .oon aa this Agreement is signed and the parties agree to .ign an amicable Order of Support with the Court of Common Pleas of Cumberland county/ Pennsylvania, 80 that future payments .hall be made in acoordance with the Order of Court. The purtie. agree that thi. provision relative to support payments may be enforoed by an action in accordance with the Rul.es of Civil Procedure governing actions Jor Bupport .ljv.~hr1d tvr11ltv ~MW:' ~hU"l.o IOn4. b.50 1~H ),:;.?; hov~~hnA" nor bltn ':'0' ,,\<vv.rcrf pll.Yr1lmts.~ tAJlt(.IhA.lt' /lot 1'0\1 bdbu)'~~UO ,t...., 1- IY\~ I no Y1\~Jtt.... "'IIliYlu.n ffil e.h"J I" ((~IOlvl1 Of -tll llJI1CITl (' ~l ffv.~ln~ InAA-j ~f ~ 10. ALIMOIDJ. r~\"~ ,;vf1crr i I1ltt 1~!TlO t~,ent (,hil..l\ >1l~~O( r lontlrwt pHf fill ~lI'1tJ:S ItV." opI11t.tuy" Husband agrees to pay directly fo Wife in the form of alimony, the followingl a. From January 1/ 1995 through January 31, 1997/ or until the marital reBidence is sold, whichever shall first occur, Husband shall pay to Wife $900.00 per month for her maintenance and support. b. If the marital residence sells within the two (2) year period, Husband's monthly alimony obligation shall be reduoed to $750.00 for the balance of the two (2) year period. c. From Februarr 1, 1997 through July 31, 1999/ Husband shall pay to W fa $600.00 par month alimony. Such obligation for the support and maintenanoe of shall OOMmence on January 1, 1995 and shall end on July 31/ as outlined above. Husband' u obligation to pay alimony to shall also end upon Wite's death, remarriage or cohabitation wits 1999 Wife -8- jlllb/llIaaq.BapBa 3/3/9~ ' with a ~erson of the opposite aex, who is not a member of the Wife's immediate family within the degrees of consanquinity mub.equent to the signinq of this Agreement. The only exception to the above termination of Husband's obligation to pay alimony is a8 followSI Husband shall continue to pay alimony at the amount de.ignated in the Aqreement for a one (1) year period following Wifers remarriage or cohabitation, but under no circumstances shall the obliqation to pay extend beyond July 31, 1999. In all respects other than those specifioally set forth herein, the alimony shall be non-mOdifiable. Wife acknowledges and agrees that the provisions of this Aqreemont providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors whioh have been taken into consideration by the parties. The approval of this Aqreement by a court of competent jurisdiction in connection with an Bction in divorce or annulment filed by Huaband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701. 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 tho 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 provisionG of Section 215 of the United States Internal Revenue Code of 1954. Wife agree. that all said payments shall be included as income of the Wife in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. The parties agree that Husband's wages shall not be attached for the payment of alimony to Wife and that he shall make said alimony payments dir~ctly to Wife. 11. ALIMONY PENDENTE LITE. COUW[EL F~ES. AND EXPENSES I Husband and Wife acknowledge and agree that the pJ:'ovisions of this Agreement providing for the equitable di.tribution of marital property of the parties are fair, adequate Ilnd satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full l\nd final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alilllony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the -9- jmb/muq. ,l/ipSa 3/3/~!l . oommencement of any proce~dings for divorce or annulment between the parties. 12. WAIVERS OF CLAIMS AGAINST ESTATES I Except as horein 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 ot 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 ot the other, and right to act as administrator or sxecutor of tho other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instt'uments whieh may be neeeBsary or advisable to carry into sffect this mutual waiver and relinquishment ot all such interests, rights and claims. 13. MUIYAL CONSENT DIVO~l The parties agree and acknowledge that their marriage iR irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute SUch consents, affidavits, or other documents and to direct thelr respective attorneys to forthwith tile such consents, affidavits, or other documents as may be neceBsary to promptly proceed to obtain a divorce pursuant to Baid 23 Pa.c.S.A. section 3301(c). Upon request, to the extent permitted by law and the applicable RUles of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall be incorporated by raference into the Di vcrce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. 14. BREACH AND ENFOE&tMtNrl If either party breaches any provision 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 Agreement shall be responsible for payment of legal -10- II jmb/1II1llS9' UPII" 3/:J/91). . fee. and cOllte incurred by the other in enforcing hie or her ri9hte un4er this Agreement. 11). J\DDITIONAI. INSTRUMENTS I Each of the partiea shall from time to time, at the requI.t of the other, exeoute, acknowledge and deliver to the other party any and all further instruments that may be reaaonably required to give full force and effect to the provision. of thi. Agrlement. 16, VOLUNTARX EXECUTION I The prov iaions of thia ^tjreement and their le9al effeot have been fully explained to the parties by their respeotive oounall, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowlldge of the assets of both parties, and that it is not the re.ult of any duress or undue influence. The parties aoknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 17. ENTIRE AGREEMENT I This Agreement contains the entire understandin9 of the parties and there are no representations, warranties, oovenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of tlli. Agreement with respeot to the distribution and divisipn of marital and aeparate property are fair, equitable and satisfactory to them ba.ed on the length of their marriage and other relevant factors whioh have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu ()f and in full and final alttlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable di.tribution of their property by any court of competent juri.diction pursuant to 23 Pa.C.S.A. section 3501 ~. ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein oontained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforoing the provisions of this Agreement. -11- j mb/mug. UpS!, 3/3/9!s. . lB. DISCLOSURE I HUsband and wite each represent and warrant to the other that he or IIhe has made a full and complete disclolllure to the other. at all assets of any nature whatsoever. in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other tacts relating to the subjeot matter of this Agreement. 19. ~ODIFICATION AND WAIV~RI A modifioation or waiver of any of the provisions of this Agreement shall be effeotive only if made in writing and executed with the same formality as this Agreament. The failure of either party to insist upon strict performance of any of the provilions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. PRIOR AGREEMENT I It is understood and agreed that any and all property settlement agreements which mayor have beiln ilxecuted prior to the date and time of this Agreement are null and void and of no effect. convenience dl3termining 21. DESCRIPTIVE HEADINGS I The descriptive headings used herein are for only. They shall have no effect whatsoever in the rights or obligations of the parties. 22. INDEPENDENT SEPARATE COVENANTS I It is IIpecit ically understood and agreed by and between thil parties hereto that each paragraph hereof shall be deemed to be a se.parate and independent covenant and agreemilnt. 23. APPLI~ABLE LAW. This Agreement shall be construed under the law. of the Commonwealth of Pennsylvania. M12M jlllb/maa9.upslI 3/3/9rS , . . Husband shall retain the tollowinq itemsl 1987 Porsche Cash surrender value on Husband's lite insuranoe policy Peraian Ruq trom Livinq Room wite shall retain the tollowinq iteml 1993 Eaqle Vision " I, , " ),' " " Ii , , " " , " , "' , , " , " , " , , , " , " " I, " EXHIBIT l'AI, ka. February 1~, 1994 RONAI,D H. HAAG, I IN THE COURT OF COMMON P~IAS Plaintitt I CUMBERLAND COUNTY, PENNSYLVANIA I ~ (,1 v. I NO. CIVIL 1994 I ANDREA J. MAAG, I CIVIL ACTION - LAW Detendant I IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. It you wish to detend against the claims set torth in the tollowing pages, you must take prompt action. You are warned that it you tail to do sOi the case may proceed without you and a decree of divorce or annu ment 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 custcdy or visitation ot your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list ot marriage counselors is available in the ottice ot the prothonotary at the Cumberland County Courthouse, carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUlMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TA1<E 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 WIlERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland county Courthouse Carlisle, PA 17013 Telephone No. (717) 240-6200 I I I I /ivHd/U. ./ '}1it-it~ K.- """Sandra L. Meiltor Attorney for Plaintitt HEPFORD, SWARTZ & MORGAN P.O. BOll 889 Harrisburg, PA 17108 (717) 234-4121 k.. February 1~, 1994 RONALD H. MAAO, I IN THE COURT or COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. f~P CIVIL 1994 I ANDREA J. HAAG, I CIVIL ACTION - LAW Defendant I IN DIVORCE COUNT II COMPLAINT UNDER SECTlQN 33011c) OF THE DIVORCE CODE 1. Plaintiff is Ronald H. Maag, an adult individual who ie .ui juris and resides at 512 Partridge ct., Cumberland County, penn.ylvania. 2. Defendant is Andrea J. Maag, an adult individual who ie sui juris and resides at 512 Partridge ct., cumberland county, Pennuylvania. The present whereabouts of the Defendant, Andrea J. Maaq, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide reeidents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 24, 1977, in Idaho. 5. TherA have been no prior actions of divorce or for annulment between the parties. kAII February 15, 1994 6. Plaintiff has bun adv1sed of the avaihbil1ty of coun.e11nq and the r1ght to request that the Court requ1re the part iel to participate in oounseling. 7. The Defendant is not a membe r of the Armed Servicel of the United states or any of its All ies. B. The Plaintiff avers that the grounds on which the aotion is baaed are that the marriage ia irretrievably broken. After ninety (90) days have elapaed from the date of the filing of this complaint, Plaintiff intends to file an Affidavit cons.nting to a divoroe. Plaintiff believea that Defendant will also file such an Affidavit. COUNT II I CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY pNDER S~CTION 35.Q..l OF THE DIVORCE CODE 9. Plaintiff and Defendant are the owners of variou8 items of personal property, furniture and household furnishinq8 aoquired during their marriage which are subject to equitable distribution by this oourt. 10. Plaintiff and Defendant are the owners of variou8 motor vehicles, bank account., investments, insuranoe policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this oourt. WHEREFORE, Plaintiff requests the Court to enter a Deoreel A. Dissolving the marriage between pla1ntiff and Del'endant, 3 kll February 1~, 1994 RONALD H. HAAG, , IN THE COURT or COMMON PLEAS plaintiff , CUMPERLAND COUNTY, PBNNSYLVANIA , v. , NO. J'~ r CIVIL 1994 , ANDRBA J. HAAG, I CIVIL ACTION - LAW Defendant I IN DIVORCE "FrIDIWIT Ronald H. Haag, being duly sworn aooording to law, depose. and says, 1. I have been advised of tho availability of marriage aounseling and understand that I may request that the oourt 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 oourt require that my spouse and I participate in counseling prior to a divoroe decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.B. 54904 relating to unsworn falsifioation to authorities. I j '/fJ~'C1 ~H. Maagrj Plaintiff . . RONAL[) H. MAAG, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 868 CIVIL 1994 CIVIL ACTION -- LAW IN DIVORCE v. ANDRBA J. HAM, Oefendant "FFIDAVIT OF CONBLMI 1. A Complaint in Divorco under Bection 3301(c) of the Divorc~ Code was filed on February 24, 1994. :a. The marriage of Plaintiff and Defendant i. irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree in Divoroe. 4. I understand that I may lose rights oonoerning alimony, division of property, lawyer's fees or expenses if I do not olaim them before a divorce is granted. ~. I verify that the statements made in this affidavit are true and correot. I understand that false statements herein are made subject to the penaltieal of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Datel 3!A, /'15 '~'~~i.t1" I I' I ! , . RONALD H. MMO, Plulntill' : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYL.VANIA v. : NO. 868 CIVIL 1994 ANDREA J. MMO, DefendlUlt : CIVIL ACTION. LA W : IN DIVORCE AFFmA VIT OF CONSENT I. A Complaint In Divorce under Section 3301(c) of the Divoree Code wll8llled on February 24, 1994. 2, The marriage of Plaintiff and Defendant is irretrievably broken, IUld ninety (90) days have elapsed from the dnte of the llIing of the Complnlnt. 3. I consent to the entry Ilf a Ilnal decree of divorce. 4. I understnnd that IllIny lose rights coneerning alimony, division of property, attorney's fees or expenses if I do not claim them before n divorce Is grlUlted. I verify that the statements llIade In this all1davit are true and correct. I understlUld that Iitlse statements herein are Illude subject to the penalties of 18 Pa.CoS. Section 4904 relatlng to unsworn falsillcation to authorities. Dalt:: (no..H./) 10 /11 'j~ Sworn to and subs~l.bed before m'lthis ~'\Jny of . 19()~. I / " "/""1 ( , '. ,'..L Andren J. Moog , ) "'; /.~'dr'l " ,. / " f , " " " ,p " " I' 'I '! " I' " " , , I , 'I " , , , I, , tIA ..". 1&'... iE -.'t! I, UI t"} f) _~, 1'..) " _j" :q I i. ,~.t ~.\ '~ .~.: t}:'] , , ':::I ;, ",\ 1\1 IJ! ~ I';; ;~ >II-'ll' Ii fl), JJ ":1 '" ~,' " 'I it 'I ",I )', ,', ;il ,II " , I I " , i 1 i .\i ' ~ifml', , -'", .. Prothon. ~ 3 "..".",.,,',..........,It..............,.....,....... In the Court of COMMON PLEAS of Cumberl and "'1lI"**, County "I..~P.~^~P"t\ ~. NM~", """ II.'.'...,...., II'" I. Ya. of Term, ." ,....., ",.. ...... .to, ........ ...... ..."...~ ANDREA J. MAAG ,........,......,........,01........"................. 068 C IV I L 1994 No ..........11'....'.............,......., IN IJIV@C~ ....'.....10....."....."",........................... ......,....'.."..................,....,...,.,.........: , , t' " ,...,....."..,................................,....,.. ....................................................... ,',.P.RQ:r:~R~P.ti\~y.\.. ........,. of .".,'...... ....., I ... """ ... ....... ............ .....................,... ..... ........ P.I. M~.~. ~! .~M r.~'1.. ~M..~ 1.~!!1J. .~9l:. !!.~!t! MP. t II.. ~.\ ~.\ r.\P.4t.1.9n. .~l ),'~.. P.l/. p.J.~ 1 M.l. f.f...,. on February 24. 1994. .,....,...,........,........,....'................................................................................,.. ..................................................1....1.'..'........................................................ II.'..........,.......................,..............................................".......,.....,......,........., I...'"'..,.......,..............,....................,......................,...............,....................... To -a HEPFORD, SWARTZ & MORGAN a.....,..)(IIlIIII<.~1mI i ProthonQtary -:I ~.)~ ,......,.., .......,.. .~W.~..~~.\. ,... ".", ,., ..", , 19 .~.~..,~.YJxJlI..d'.l.tU(/.....(.'1:t;<?.ttl!;1.(...,. Attorn y for P'alnt,,, \ I . I, ,~. - 19 ,'c~ It) I"'!' ii' t;1 ':-' " 1/'1\ ,," 'f': ~ ',d" II .j ~- :\1 ,)1 ~ i . I \, ,.1 ',...; ,~ , 'I ,. HAR 23 v 12 3~ fH '95 No. ............".".,...."... Term, " .... ,1:., t:",: r' r 1], 11"1 Jil'/:!. CIIUI' ," 11,11/'1 ;.\I,~ . , III .. I I '. I ~ , I II,' ~.d'l '"l,~ '," I, PRAECIPE ,,' I,i pn.d "..........,..........................1'...,. " "I " , 'I I " I , 'II I , , , I 1;'1 \ ~ . Am)eHOUM TO IIP'A"~TIOH A~ PRQPIRrY IETTLEME~T AORIIEMltfi 17th JJ. h THIS AGREt:MENT, Made this day of WI1l '//<-. 1999, by and between Ronlld H. Maag, hereinafter referred to as "Husband", and Andrea J. Mllg, herslnafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 24, 19n. separated on February 24,1994 and divorced on March 31,1995; and WHEREAS, The parties .entered Inlo a Separation and Property Settlement Agreement (hereinafter "Settlement Agreement") on March 21, 1995; and WHEREAS, the Settlement Agreement at Paragraph 7C provides a formula by which the parties were to share In the pension benefits available to each of them; and WHEREAS, the parties now desire to formally amend the Settlement Agreement to provide a different approach for sharing the pension benefits. NOW THEREFORE, In consideration of the above recitals and the following covenanta and promlsea mutually made and mutually to be kept, the parties heretofore, Intending to be legally bound and to legally bind their hel,., auccellors and alllgnl thereby, covenant, promise and agree a8 follows: Paragraph 7.C and 7.0 are amended to read as follows: The parties agree that they shall share equally In the pension benefits available to each of them and the formula for determining the amount of Huaband'a penllon 10 which Wife Is entitled shall be as follow,: a. Wife ,hall retain her pension with Pennsylvania Blue Shield and Husband ,hall waive all of hilS right, title and Intereat In the same. b. Parties agree wife's full share of Husband's pension and 401(k) plan Is $43,000. c. Wife ahall receive her $43,000 Intereat from Huaband'l Vanguard IRA. '" . . CQUnT CW COMMON I'U:AH e)lo' ClIMJlLo:HLANJ> (JOllN'I'Y, I'I':NNHYI.YANIA ROnldd H. ~/I1l11 PlalnUff I"AMILY J>JVIHION NO. lili.!L(;iillJfNL_._ VH. i\l\dnlU J. MUUlI Defendunt -------......-.-. IN IlIVOltcJo: STIPUI..ATIO~ ft'OR.nu: ..:NTRY.m:J.>JlIU;1t IU:OAJUUNU INDlVJnllAL IlETIltEMEN.IM.QQ!JlfI L1 'f/, I/.. I, {)'"7 AND NOW, this____ duy of J\:J!~tlJ~S..____, I HL....-, thl! Jlllrties, HOlluld H. Maall, PlainUff, und Andrell.J. Muul!', Deli'lldunt, do llllreby Agree IInd Htipulute liS follows: 1. Thlll'luintiff, Honuld H. Muug (heroinnfler mlhrred to ntl "l'nrticipnnt") hus in olTect an Individual HeUroment Account (Account Numbers H004902402 nnd H(04902410) with Fidelity Investments, Attn: Maintenance Dept., 1'.0. Dox 2260, Boston, MA 02107.2269. 2. Pnrticipant's date of birth Is December 20, 1 (1)4, and his Socinl Security number Is l39. 44,2147. 3. The Defendant, Andrea ,J. M,.lag (hereinaftor rtlli.1rred to as "Alternate Payee") Is tl)e former spouse of Member, Alternate Payee's date of birth Is ,June 10, 19M, and her Social Security number is 611).70.2745. 4. Participant's last known mailing address ill: 31 Morning Circle Marietta, PA 17647,9764 5. Alternnte Payce's current mailing address is: l071.3 Lnllcaster Blvd. Mechanicsburg, PA 17056 6, To accommodate tho marital property distribution botween the partlel IT IS ORDERED, AI>.JUDlCATED AND m:CREf:D AS f'OLLOWS: ..,