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HomeMy WebLinkAbout94-01294 ./ 11 ,,' >- o :J \ \ ~( .......... o ,~ "1; l JI J ~ " .. ". ',\ OJ,' , . ,30 -it. . ***~~*-~~*~***--~~**)*'_:~_.~*~~~~ r- -~------ .------~---. : ~i ~l "'1 ~l IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND ~ STATE OF . COUNTY * PENNA, ~ ',' ~ '.' ,', ~ " i N II. .....I.~?4...~I.YILJ?9.~...... 11) ~ '.' KENNETH F, LLOYD, . ., ~ ',' '-' ~, ~ ',' Vl.I....llS ~ PHYLLIS LLOYD, ~ ',' " ~ ',' * DECREE IN DIVORCE i '.' ~) ") ~ ..~ ~ ',' AND NOW,...,..,.. m,'7" " /,~,,,.., 19.9,'-." it is ordered and decreed that" , , , , , '" .~~~~~~~ ,~', ,~~~~~ , , , ," , , . . " , '" " "." plaintiff. and.,.,.."..,."""" ~~r~~~~, ~~~r~",."""""""""". defendant. are divorced from the bonds of matrimony. ~ ~,~ ~ ~.' ~ ... w ',' ~ w '.' 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; None, It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Property Settlement Agreement between the parties dated April 1, 1996, and attached hereto, are incorporated in' this' Decree' in' Divorce' by' reference'as' fUlly'as' if'the' same' were' set'forth hD::~i~.al.~'\Jl~~~~~~.. Soid, ~g~~~~~nt,~~~lf.~~~.~~rg~,~~~~. p~~, ~~~ff.~~rY~Y~, ~~~s CLrce n ivorcc. ~ ", ~ ~ '.' ,', ~ ~ ny The Courl:// , /1 Ie:#- Allesl: ...'!L'-.' rt / /.~. G!--~af."e,ifi,.. .,<. .'~r., /l..<:.L C. (,'-'4<<:G,. /P~. / ~#n~ ~ .Js;)dr. ;;bt .1 Prolhonolnry ~ ..' 8 ~ ~ ~l ~) ~I ?- . . ;: ., , ."A.' .;';t.. ..... '.".' ~ ',' ~ '" ,', ~ ,', ~ ,', ~ ,', ~ ,.~ ~ ~ ',' ~ ", ,', ~ ,', ~ ~ ,.~ * ,', ~ f, ~ ~.' .... ~ ~ ," 8 ,:" ~ w ~.~ ,', ~ .', ~ ~ ~ !~ ~ ... ~ ',' ~ ~ ~ J, ~ l~ I',' i... I~ ! . '~ r.... I, ~ .. ~ . . . ~ ',.' .:.:- .:+:. .:+:. .:.:- .:+;. .:+:. .:+:. .:+:' ':.:- .:+:' .:+:. .:+:. .:+:. .:+:. .:+:. ':0:. .:.:' .:+:. .:+:. .:.:. .:+:. .:+:.' ~ ".,.,,,~~.._.- 7".~"""'-' .-~ ." 5">;~ t1J0'; I!';..k~ ;4 ~ .5.~ 1t- 71c,/b. II'It.7.JM~' dZf ~\.. . !. . f: I' I i I I , I I ! .' . jmb/ lloyd, sapsa April 1, 1996 PROPERTY SETTLEMENT AGREEMENT ().b. I THIS AGREEMENT, Made this J - day of ~ 199~, by and between Kenneth F, Lloyd, hereinafter referred to as "Husband", and Phyllis C, Lloyd, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 1, 1968; and WHEREAS, three (3) children were born of this marriage, namely, John, born December 3, 1969, Benjamin, born March 23, 1975, and Daniel, born October 22, 1976; 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: the settling of all matters between them relating to the past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, John C. Howett, Jr., Esquire, and Wife by her attorney, Sandra L. Meilton, Esquire, have come to the following 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, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1, SEPARATION AND SUBSEOUENT RECONCILIATION: hereafter to or places as It shall be lawful for each party at all times live separate and apart from the other at such place he or she may from time to time choose or deem fit, shall not The parties agree that the terms of this Agreement be affected by their subsequent cohabitation or - 1 - wife . jrnb/lloyd,sapsa April 1, 1996 resumption of marital relations unless the parties otherwise specifically agree in writing, 2. INTERFERENCE: Each party shall be free from interference, 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 provisions of this Agreement, Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried, 3, WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on March 3, 1992 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 save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on March 3, 1992 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 5, OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Debt First Mortgage held by First Bank and Trust in Mechanicsburg, Pennsylvania Party Responsible Second Mortgage held by Banc Boston Mortgage Company Wife Wife agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless - 2 - jmb/lloyd, sapsa April 1, 1996 Husband from any and all claims and demands made against either of them by reason of such debts or obligations. In the event that either party contracted or incurred any debts since the date of separation on March 3, 1992, 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, 6, MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to. alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes 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 for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa,C.S,A. Section 3302. 7, EOUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S,A, Section 3501 ~, ~, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, - 3 - . j mb/lloyd, sapsa April 1, 1996 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 marital property, The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, A, DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, 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 separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A", The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property, Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit "A" attached hereto, Should it become necessary, 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 either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time 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, policy or certificate of insurance or other similar writing is in the possession or control of the party, Husband and wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which 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 claim 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 - 4 - . . jmb/lloyd,sapsa April 1, 1996 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 personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B, DISTRIBUTION OF REAL ESTATE: Husband agrees to transfer to Wife immediately upon the signing of this Agreement, all of his interest in and title to their jointly-owned real estate at 1 Latchgate Lane, Mechanicsburg, Cumberland County, Pennsylvania, with an approximate value of $367,000 subject to the first and second mortgages, given to First Bank and Trust in Mechanicsburg and Banc Boston Mortgage Company, respectively, in exchange for which Wife agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate, Wife covenants and agrees to pay and discharge the existing mortgage obligation on said premises in accordance with its terms, until such time as Wife has refinanced the real estate which refinancing shall be pursued promptly by Wife and completed with due diligence; the cost of which refinancing shall be shared by the parties with Husband paying up to, but not more than, $2,000 of the refinancing costs and with Wife being responsible for the balance. Husband shall cooperate in all respects with wife's efforts to refinance, In the event of her default, Wife agrees to indemnify Husband from any loss by reason of her default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. C. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1994 Jeep Cherokee shall become the sole and exclusive property of Wife subject to the lien held by Farmer's Trust; (b) the 1986 Toyota Celica shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (c) the 1990 Audi shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and - 5 - jmb/lloyd, sapsa April 1, 1996 (d) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. D, TREASURY BONDS: The parties have set aside Series EE Treasury Bonds which had been purchased to help offset the children's education. The parties agree that the Treasury Bonds, in Wife's possession, shall become the property of Wife to help her offset the cost of the 1994 Jeep, It is agreed that said Bonds have a current surrender value under $5,200 and they specifically agree that Wife is not entitled to Bonds totaling more than $5,200 in present value. Series EE Treasury Bonds in Husband's possession (in the names of the children with Husband as beneficiary) in the amount of $9,000 shall be retained by Husband and used by him for the sole purpose of the children's college education, E, BANK ACCOUNTS: During the marriage, the parties had an account with PNC Bank, Wife has continued to use this account since the parties' separation and this account shall become her sole and separate property, Husband shall retain the separate account with PNC Bank which was opened after the parties' date of separation. Each party waives all right, title and interest, if any, to the accounts being retained by the other party, F, INCENTIVE SAVINGS PLAN: Wife shall receive $50,000 from Husband's Incentive Savings Plan with Aetna Insurance Company, The funds shall be transferred to her through the use of a Qualified Domestic Relations Order to be prepared by Wife and paid for by Husband to assure that there shall be no penalty or tax consequence to Husband or Wife as a result of the transfer, Husband shall retain the balance of his Incentive Savings Plan and Wife agrees to waive all of her right, title and interest to the balance of the Incentive Savings Plan and to sign any and all documents necessary to enforce this provision. - 6 - u .' '-~- < . jmb/lloyd. sapsB April 1, 1996 G, PENSION: Husband shall retain his pension with his employer, Aetna Insurance company, and Wife agrees to waive all of her right title and interest to Husband's pension and to sign any and all documents necessary to enforce this provision, H, STOCK OPTIONS: It is further understood between the parties that Husband had stock options which were acquired during the marriage and all of said options have been exercised, The proceeds from those options have been utilized for the children's school, Since the parties' date of separation, Husband has redeemed stock options in the amount of $24,000, all of which options were acquired as a result of work performed after the date of the parties' separation, The proceeds from these stock options acquired after the date of separation are currently held in a $23,000 Certificate of Deposit with PNC Bank and shall be utilized to ensure funding for Benjamin's undergraduate schooling. I, DISTRIBUTION: The parties agree that the distribution set forth in this Agreement represents and was intended to effectuate approximately a 57%-43% division of the marital assets in Wife's favor and each party hereby acknowledges that this Agreement accomplishes said intent, J, TAX LIABILITY: The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns, 8. LIFE INSURANCE: Husband shall hereafter own all life insurance policies insuring his life, Husband agrees to continue to maintain in full force and effect sufficient life insurance coverage to equal seventy-five percent of his outstanding obligations under this Agreement, Husband's ownership of the policies shall be subject to the following conditions: - 7 - jmb/lloyd, sapsa April 1, 1996 (a) He shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value, if any, if such actions would reduce the death benefit to an amount less than is required to be provided hereunder; (b) He shall immediately designate Phyllis C, Lloyd, his Wife, as irrevocable beneficiary of so much of the insurance as is necessary to provide the death benefit required hereunder; and (c) Within thirty (30) days after the execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on each insurance policy and that the insurer has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement, Husband shall request that the carrier provide 'duplicate notice of premium default to Wife, 9, ALIMONY: Husband agrees to pay Wife the sum of $2,500 per month effective with the month of February 1996 and continuing through and including the month of June, 2004. Payments shall be made on or before the 15th day of each month, A, Modification: If, prior to June, 2004, Husband's salary decreases to an amount less than ninety percent (90%) of his 1995 salary of $147,500 (i,e" to an amount less than $132,750) through no voluntary action on Husband's part, the alimony obligation shall be reduced to a monthly amount equal to 20% of Husband's revised annualized salary. Salary shall be deemed to include payments received from W-2 income (excluding bonuses), 1099's and any other earned income, disability insurance proceeds, workman's compensation insurance proceeds, or unemployment proceeds. Once Husband's salary decreases in an amount sufficient to warrant a modification as defined above, the alimony shall remain at that level unless Husband's salary increases by 10% or more, In that event, Husband's alimony obligation shall be increased to a,monthly amount equal to 20% of Husband's revised annualized income, In no event shall the alimony increase above $30,000 per year. - B - jmb/lloyd, sapsa April 1, 1996 B, Extension of Alimony Beyond 2004: In and only in the event that Husband is employed after June, 2004 and continues to earn a comparable salary but not less than $130,000, he shall continue to pay alimony to Wife in an amount calculated in accordance with the formula set forth in this paragraph, If Husband is not earning at least $130,000 as of June, 2004, alimony stops. If Husband is earning $130,000 or more, alimony continues based upon the formula set forth herein, C, Conditions of Enforcement: Notwithstanding any rights or remedies otherwise existing hereunder or at law, the parties agree that in the event of any action by Wife to enforce Husband's alimony obligations hereunder, Husband's assets, either those awarded by the terms of this settlement or accumulated thereafter, shall not be subject to attachment, encumbrance or alienation or in any other manner removed from Husband's sole possession and control. Husband's salary, as defined in this paragraph 9, shall be subject to attachment, D. Tax Status: Alimony payments required by this paragraph shall be deductible to Husband and taxable to Wife and shall terminate absolutely upon the death of either party, wife's remarriage, or Wife's cohabitation with a person of the opposite sex who is not a member of Wife's immediate family within the degrees of consanguinity, E, W-2 and 1099 Forms, etc,: If there has been a modification of the amount of alimony as provided for in this Agreement then, and in that event, Husband shall provide copies of his W-2 forms, 1099 forms and listing of any other earned income to Wife on or before April 15 of each year to determine the accuracy of the alimony payments, F, Acknowledqement: Wife acknowledges and agrees that the provisions of this Agreement 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 which have been taken into consideration by the parties. The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and, except to the extent limited by this Agreement, may be enforced as provided in 23 Pa,C,S,A, ~3701, Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and - 9 - jrnb/lloyd, sapea April 1, 1996 satisfaction of any claims or demands that he may now or hereafter have against Wife for support, maintenance or alimony, Husband further voluntarily and intelligently waives and relinquishes any right to seek from Wife any payment for support or alimony, 10, DISABILITY INSURANCE: Husband agrees to purchase disability insurance for Wife, The disability coverage shall be sufficient to provide Wife with $1,400 per month net income and shall be provided by Husband for eight and one-half (8 1/2) years from the date of the signing of this Agreement, The disability coverage shall have a waiting period not in exceos of ninety (90) days, Husband shall be entitled to claim the premium payments for the disability insurance as alimony, deductible to Husband and taxable to Wife, but shall reimburse to Wife the additional federal, state or local income tax which Wife is required to pay as a result of her having to claim the disability insurance premium payments as income. Notwithstanding the foregoing, Husband's obligation hereunder shall not exceed a policy cost of $1,000 per year, and in the event the premium exceeds said amount, Husband shall be excused from any responsibility hereunder unless Wife agrees to pay any additional premium necessary to obtain the above-described policy, Any obligation of Husband hereunder shall terminate on the first to occur of the death of either party or the termination of alimony for any other reason under paragraph 9 hereinabove. 11, ALIMONY PENDENTE LITE: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. WIFE'S COUNSEL FEES: Husband agrees to pay wife's counsel fees and expenses, 13. INCOME TAX RETURNS: The parties agree to file joint federal and state tax returns for tax year 1995. Further, the parties have - 10 - jmb/lloyd, sapsa April 1, 1996 heretofore filed joint federal and state tax returns and both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 14, WAIVERS 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, 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. 15, MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is 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 their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 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. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement, This Agreement shall be incorporated in but shall not merge into any such judgment or - 11 - jmb/lloyd, sapsa April 1, 1996 decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16, BREACH AND ENFORCEMENT: 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 including, but not limited to set-off, as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, 17, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement, 18, TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement, Further, neither party has been given any tax advice whatsoever by their respective attorneys, Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public account, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement, Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice, 19. 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, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence, The parties acknowledge 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. - 12 - jrnb/lloyd, sapsa April 1, 1996 20. 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, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which 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 of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction 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 contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, 21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of 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 facts relating to the subject matter of this Agreement. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23, PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. - 13 - . jmb/lloyd. sapliIa April 1, 1996 24, DESCRIPTIVE HEADINGS: The descriptive headings used herein are only. They shall have no effect whatsoever the rights or obligations of the parties, for in convenience determining 25, INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement, 26, APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27, VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 28, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written, cJL r /J+ (SEAL) Ke /.1~.1 ./T1~/o..-r . pE1h. Ll~901L (SEALI - 14 - (' jmb/lloyd.sapaa April 1, 1996 Husband shall retain the following items: Pool table Family and personal photos: Husband shall have the right to copy, at his sole expense, such family and personal photos (presently in Wife's possession or control) as he shall, in his sole discretion, desire, Wife shall cooperate in allowing Husband access to said photos for the purposes herein set forth, EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~ On this, the I * day of ) ( ) SS: ~ , 199~, before me, a Notary Public, the undersigned officer, personally appeared Kenneth F. Lloyd, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the Game for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTAI\:Al SEAL OEDRA M fH;!~P, Notary Public Htr:ll<;~ro, Ct3u~hl~ County, PA My Comr::isslor. Expires Augu5123, 11187 r',~' "'.:':- " . "..~'\"'.:~;:. . . COMMONWEALTH OF PENNSYLVANIA ) ( SS: COUNTY OF DAlJPH IN ) On this, the I -tlt day of ~ , 199~, before me, a Notary Public, the undersigned officer, personally appeared Phyllis C. Lloyd, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained, Notarial Seal Jacquelyn A. Zenlemoyer, Notery Public Harrisburg. Dauphin County My Commission Expires Jan, 29. 1999 MembeI. Pennsytvar1aAssoc:iaron c1 NoIatfes IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~Q.~ Notary ublic f:: -. . , }:-": S;{ )...; lLJ~ . ) .-~ " (. ~ .' ..~( ". '-0- t ..I c: ,', r:,: .;' ; I c< '.' L~.. ( "1 I ,.. I .-, ) ....' '. .,) !> "~',','.;.;." "--";"!.'~;::;~-. .!~ ';!W;r::J:?~:~:~:~~,:t~:,:'V, ., :.':,. . OWBrr,:KIssiNOBR 'Be M".~. P.O. '. ;}~~;;>"":'." "." . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH F. LLOYD, ) Plaintiff ) ) v, ) NO, 1294 CIVIL 1994 ) PHYLLIS LLOYD, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under (Xl section 3301(cl ( I section 3301(dl of the Divorce Code, (Check applicable section). 2. Date and manner of service of the complaint: Service bv certified mail, restricted deliverv, return receipt reauested, sianed for bv Defendant Phvllis Llovd on March 19. 1994, as per the Affidavit of Service filed contemporaneouslv herewith. 3. Date of execution of the affidavit of consent required by section 3301(c) of the Divorce Code: by plaintiff, April 29, 1996; by defendant, April 1, 1996. 4. Related claims pending: No claims filed: no claims pendina. I I" , ! Date: 4--)1 ,-q~ ohn OWE , KISSINGER 1 Walnut Street P,O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Counsel for Plaintiff Kenneth F. Lloyd 0<'. ._.......~~.__'_... ,~..~-._.~~_:."., .. ,.~_ -"~~._....~~ ~' I.' . ,. I l ( , t. ". t<.< OH Ztol tI) <U <>"" tol-'lO ~>o> I>..tI)H Z<=> ZZ Otolz: ~I>..HC;; o a- U~ _ t<.Z~-'I O=>-'lH 01> E-<UZH "" OU =><=>H OZt;'" U < C' ...:I<N tol"" _ ;:ctol-'l E-<"'H -> ' Z~HO HUUZ .... .... '.... .... C . '.... <=> III ........ 01>.. :j ~ ~ I ~ I p. o ~ ~ t:l .... ,.0; ~c(l~ 8 ~ ~ IE ~ ~ OZ:;: ~ Ui iI .JCIl~ .. - ... ... . > .... C III 't:l C III .... III .<=> <=> >- 9 -'I tI) H ~ :>: I>.. ~ ,... ... ~ , t<. ~ Z ffi "" -' l!l ;:: .. < 2 Z .. < " > lil ~ '" rJ i!: IE i:l 0": ~ ~ '" i< .. < :c ,. KENNETH F. LLOYD, ) IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) NO. f.J f/4 v. ) CIVIL 1994 ) PHYLLIS LLOYD, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DBPEND AND CUZM RZGHTS 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counsellors is available in the Office of the Prothonotary, Dauphin County Courthouse, Front & Market streets, Harrisburg, Pennsylvania, 17101. 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 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. Lawyer Referral Service Cumberland County Courthouse Court Administrator, 4th Floor 1 Courthouse square Carlisle, PA 17013 Telephone: (717) 240-6200 ,. KENNETH F. LLOYD, ) IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) NO. 1.:.1. f'l CIVIL 1994 ) PHYLLIS LLOYD, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAXNT XN DXVORCB Plaintiff Kenneth F. Lloyd, by and through his counsel, Howett, Kissinger & Miles, P.c., hereby files this Complaint in Divorce and in support thereof avers the following: 1. Plaintiff is Kenneth F. Lloyd, an adult individual who currently resides at 1119 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Phyllis Lloyd, an adult individual who currently resides at 1 Latchgate Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and Defendant have been bona fide residents 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 1, 1968 in Reading, Pennsylvania. 5. There have been no prior actions for divorce or for annulment of the marriage between the parties instituted by either of them in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the ~ ~ provisions of the Soldiers' and Sailors' civil Relief Act of the congress of 1940 and its amendments. 7. plaintiff has been advised that counselling is available and that plaintiff may have the right to request that the court require the parties to participate in counselling. 8. The marriage of the parties is irretrievably broken. 9. The parties have lived separate and apart since on or about February, 1992. 10. plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: 0}f e~ John . Howett, Jr., squire HOWETT, KISSINGER & MILES, P.C. 130 Walnut street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Counsel for Plaintiff Kenneth F. Lloyd .' , VERIFICATION I, KENNETH F. LLOYD, hereby swear and affirm that the facts cOI~ained in the foregoing COmPlaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: March 14, 1994 i':, t: t ~ IJ)'...") <) C;<) 0< "') __ .1 ............ r:." '., - "" ~ -.......... ~ ~... - :C ~- ,..t o N ~ ~ ":J... t""--) ~ C\ ~ ~ ~ ~ -I) ~ ~ . ~<~" lot"- "'" .... -l. ". ri I' l"() -S ...., - , 'I "" .. .~1..::: ""'.::..i.. ~\'0''.- V ",-{ <J ') ~ ; <::::I: '. .~ 1;- '~ ii~ ~ !~~~ Q :t:l J j:;j I "j ~~~~ ~] . ~8 III > ~I~ , r.. I I ~e~ ' j:;j u!2 ~ ~ ~ ~ :: !: ~ .. 3 ~ ~ Q(j ~ ~ ~ e = .. .. !? '" tal :J !.! :f. Ii: " "" u. w OZ:J~<: iJ en ~ tdl .:'i;aa2iil ~ ~ < C :I: fzl ~ o :Il . . '- J . , , 1\.. ~III,I':H, ".C. . !\.IHHINIlJo.n . Hll\\'Jo:J"I', . .. ',- ," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH F. LLOYD, ) Plaintiff ) ) v. ) NO. 1294 CIVIL 1994 ) PHYLLIS LLOYD, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS, COUNTY OF DAUPHIN ) John C, Howett, Jr., being duly sworn according to law, deposes and says that he is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 17th day of March, 1994, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Phyllis Lloyd, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 1 Latchgate Lane, Mechanicsburg, Pennsylvania, 17055, the Defendant's last known address, and that the return receipt card which was signed by Phyllis Lloyd, marked as having been delivered to her on March 19, 1994, is attached hereto and made a part hereof, C. Howett, J Esquire HOWETT, KISSINGER & MI , P.C. 130 Walnut street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Attorney I.D. #20092 SWORN TO AND SUBSCRIBED before me this ~~ ~". , ...-. .,- .~ IOHN C. HOWITT, Jll. DONALD T, K1SSINOEll 'A TI\ICIA A. MIW CINDY S. CONLIY 51lA1l0N N, LIOHTNElI. tA..1 hll."nt LAw OmCES 0' HOWErr. KISSINGER & MILES, P.C. m WALNUT STl\EIT POST orncl DOX liD HAIlIlISBUIlO, PENNSYLVANIA 17108 March 17, 1994 (117) Ill.UI. FAll 1117) 111-1101 CERTIFIED MAIL NO. P089536315 RESTRXCTED DELIVERY RETURN RECEIPT REOUESTED Mrs. Phyllis Lloyd 1 Latchgate Lane Mechanicsburg, PA 17055 Re: Llovd v. Llovd Dear Mrs. Lloyd: Enclosed for service upon you is the divorce action which I have initiated on Ken's behalf. I understand that Ken advised you that this would be coming by certified mail. /~iC:i~; ll~~' ~ ~ C. HO~~, ~/~;> JCH/dms Enclosure cc: Kenneth F. Lloyd (w/encl) ," ; ,_ ., ~ .- .c. "",,"' ':'i~-' B 1..1Id COD ',-, .~<~ aDl or',! ;j. " tt~ '~}1> '~,., '*, '.\ . , ~ ill _Id ll~ . Z P 089 536 315 TIC, IlITUIlN "~~~fi . : . ";"'''~ ~:~~f:dfMail - x:. No Insuranco Covorage Provided ~ Do nol use for International Mall -..."...... IS eo Revorse) It f: '''CMrs. Phyllis Lloyd <""f 'Iatchgate lane "MeChahics})urg, PA 17055 $ .:5e').. 1.00 1'(1~ll'l" C"f"'~'.l I,." Sr,.t"'.!:..,..,.,.. H,",,",(.lhl ;J, ,,"'. 10"- 2.50 1.00 I .1.0' wl.h 10 i8ca1W ,< I lollowlng ..rvlc.. liar .n iXI I..): " 0 Addr.....'. Addr... .; f~.!t,,'n 1',-. ";rl :,"1'....."') ~ to '1."",,, "on"k :1.-:",.".,j , o At'h,'" 1'._"'11 c,t"^_'''1 :') '...."..,., c: 0.1"". a"" ^,l,l"",'~' ~ A.I,'"'''' , .., $ 2, 0 R..trlcl.d D.llv.ry T01A\ r"'oH", g ,f,.., l!l E o ... Po,>Il1' I" ~. D11.. ... I . ~","~1~2 I'; ~i ~rvt..., < I_ Campletltttml3,and4.6b,," :.=~~:u:.~:,: =.Id~" on 1."_*1"1 of thI,'form 10 1hit WI can . Attach ,hi. form 10 the front ot the IMitpilce. Of on the blck If aplce _ no. ......', . -I . Wthl "A,tum Receipt Requested" on 1M mall" Htow the Irtldtl number . The A,tum Recelp1 wll thow to whom the arUde Wi' dtUvered and the d.tl S ddv.r.d. . . Consult ostmlster for fel. I 3, Artlcl. Addr...ed to: 4., A;oo~(t.5 '3Co 3/.:5 e /lu 1/1 US LLOt./() 4b, s.rvlc. Typ. Ii ,., n T c.- T 0 R.gl.t.red 0 In.ur.d I LIJ1CHG~7~ LN C.rtlfi.d M --u"'JlJ/CJ {Jue, ~ c 0 Expr... M.I ~ ,,( .....--.'7 , ?O!;.J 7, 0.1.010 March 17, 1994 ~ 8, Addr..... end fee is j f ! I u..lod J f Oecembor 1991 DOMESTIC RETURN RECEIPT '-. rr: i-'..; L"r' . , ; i m l', : L [.L,< 0..... ZtLl Vl<U ~>"" ...:10 >> "'Vl..... ZC ZZ OtLlz ~",.....dt o 0- U> - [.L,t;;:>:...:I O::J::J..... 01> E-<UZ..... "" OU ::JC..... gZ!Jdt ::J<N tLl"" _ ::ctLl...:l E-<<<l..... :0:> ' Z::JHO .....UUZ .... .... ,,.. j.J C ,,.. '" .... '" j.J C '" "0 C ClJ .... ClJ C tLl U ..... > "" tLl Vl [.L, o E-< ..... > < Q ..... [.L, [.L, < . > " C > o ::3 c >- ~ . [.L, ::c ti Z Gi ~ Vl ..... ...:I ...:I > ::c '" - " ... 'IIO\\'E'I"I', !(ISSINGEIl So: MII.ES. P,C. t.S ~ a ~ ~olj~ B == ~ IE III o~ ~ UJ ~ o-IUll! .. - ... .... ~ :.- .... ~ ..... . . :g ;:: - o :S - ;z m < " > g ;:! l:l !2 IE~ 0": ~ ~ ~ :c , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH F. LLOYD, ) plaintiff ) ) v. ) NO. 1294 CIVIL 1994 ) PHYLLIS LLOYD, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under ~3301(c) of the Divorce Code was filed on March 16, 1994, and served upon Defendant on March 19, 1994. 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. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 by the Court. ..... . , I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. ~4904, relating to unsworn falsification to authorities. Date: April 29, 1996 .... .~_. .. , I" ( ) I" I:' <, ,,' , 1 ~< OH :Z:~ <Il<U <><>: ~....:IO ....:1>-> Po.<Il..... :z:<=> :Z::Z: O~:z: ~Po.HC;; o . 0- U[::;:.:.... ~E5j;::: 01> ~UZI-4 <>: ou o<=>..... O:Z:E-<-:t u<uo- ....:I<N ~<>: .... t=~....:I E!3~ . :z:!:5.....0 .....UU:z: .... .... '.... ... l: '.... III .... Po. u ~ ~ ~CI(l~ 8 ~ ~ IE fol!i o~~ ~ Ui iI .... CIllil ... - ~ ... l: III "" l: Cll .... Cll <=> ffi <Il :z: Ot.:l u:z: ..... ~....:I O~ <Il E-<:Z: .....0 >0 <u <=> .....~ ~o ~ <fa <Il> H ~< ~;:.: ..... ~~ .....< j Po. b ~ ~ , > <=> >- o ::J . <=> >- ~ <Il ..... ~ ::c Po. . ~ ::c !;J :z: iii ~ - . . . . 'llCl\\'E'IT, l\.Jssl:-;OEIl & ~IILES, P.t'. . ~ 18 ;::: - ~ ~ )( < 0:; .. 1;; ~ " 1EG'l 0": ~ ~ ~ ~ KENNETH F, LLOYD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 1294 CIVIL 1994 v, PHYLLIS LLOYD, Defendant CIVIL ACTION -- LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 16, 1994. 2, The marriage of Plaintiff and Defendant is 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 Divorce. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities, Date: v-I-q{., \~~ ~, \,J ~ '.. ~ : LU~ Cl:' L..:: I',. _ ...: f...... q ....:. ..... t ~.f .,...... ).... ,-:'j ~ ~, <,"\: . , \.;; . , " 'J c..... G I...... ~j .,.; ." ""... "C;.-,' -:1\'..;.Jtlft~;1f:::t-~;~~i;':':~'::>~':~,,:,-; :\-"., <':' .'~ .'; " "'{::~~"_' "'~OWBr.r' J{ISSINo:m & M".....~, P.C.. .' ":,:i;~:;'V" ' .',' ;(/ :~.<.;- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH F. LLOYD, ) Plaintiff ) ) v. ) NO. 1294 CIVIL 1994 ) PHYLLIS LLOYD, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: April 29, 1996 , ntiff ,....-.-, ". , I ~ U ~<=l .... .... o~o :.: t<-< E-<""U 0..... .... c U ZtLl '.... <0 ZtLl~ rJi Vl<U ... "0 O<=lU ~ ~ t:j>"" C C ..... "" ....:10 '.... OJ !;;tLlO .... j:: ....:1>-> <0 ..... U> .... - Q.,Vl..... .... OJ tLl""..... "'" < Z<=l "- > <=l !;;~<=l Iii ~ :;. ZZ ~~ ~ < OtLlZ ..........tLl ~ l< > a;p..~...:t t<-<=lf: 8 Ii! ... ~ co == >- 0 co 0< fE r.l !; CIt ~ u>- - t<- IP !;;:>: <=l ''-It<-o 0 t:l :5 u.. ..-::...1 >- UO Z ., 0": O:::l....l~ 0 . ..... ~ il ... ;l ~ ~ 01> ....:I <=l E-< >- u j rr. f-tUZH ....:I >- o""~ rJl lit "" OU 0 zt:- ... :::><=l..... , j zo .... ~ OZf-t...:r t<- t<-tLlC'1 ... ;;: UjUO' o C'1 ~ ~ <N :: tIl E-<tOl tLl"" - 1;3 ..... ""tIl :I: ::tLl....:l ....:I tLltLl"" E-<""..... Z ....:I >::Jt.&J -> . ffi ::: ..... <=l :- z:5.....o <"-lZ ... .....UUz "" s: :a=c:.:::::;, ~ , , ~ v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1294 CIVIL 1994 CIVIL ACTION -- LAW IN DIVORCE . ' , . KENNETH F, LLOYD, Plaintiff PHYLLIS LLOYD, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities. Date: </ - /-q& " ..- '- .:::, i- ~~ UI~. : (',j ,J . U' -~ [71. , - . il::' \._- .J c r' 0.... '! IT'; {,,-, [;; ; ,. . . 1 ; ~] i_ ,~ "- I.'. '-..::1 \,.' , l; , , " , . (.. - . ... Kenneth F, Lloyd Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, Phyllis C, Lloyd Defendant NO, 1294 C 1994 QUALIFIED DOMESTIC RELATIONS ORDER 1. The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of ~414(p) of the Internal Revenue Code of 1986 ("Code"), 2, This Order creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 3, This QDRO relates to the provision of marital property rights to the Alternate Payee as a result of a Marriage Settlement Agreement between Participant and Alternate Payee entered into on Jlpril I, 1996, , 4, This QDRO applies to the Aetna Life and Casualty Company Incentive Savings Plan ("Plan") and any successor thereto, Kenneth F, Lloyd ("Participant") is a Participant in the Plan. Phyllis C, Lloyd ("Alternate Payee") is the Alternate Payee for purposes of this QDRO, 5, The Participant's name, mailing address, Social Security number and date of birth are: Kenneth F. Lloyd 609 Whitetail Drive Lewisberry, PA 17339 Social Security No,: 168-34-0649 Date of Birth: July 7,1942 6, The Alternate Payee's name, mailing address, Social Security number and date of birth are: Phyllis C, Lloyd One Latchgate Lane Mechanicsburg, PA 17055 Social Security No,: 181-32-1375 Date of Birth: January 16, 1943 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times, 7, The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $50,000, " . ... QDRO Page 2 8, The amount designated in Paragraph 7 shall not be paid directly to the Alternate Payee but, as soon as administratively possible, such amount shall be paid to CoreStates Hamilton Bank to be applied to the following individual retirement account which is represented to be eligible to receive this transfer, IRA Account for Phyllis C, Lloyd Account #105751357 CoreStates Hamilton Bank Attn: Roberto Penny 3037 N, Front Street Harrisburg, PA 17110 The Alternate Payee intends to complete the withdrawal forms of the Plan Sponsor to eITectuate any such transfer. 9, This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide, 10, This QDRO does not require the Plan to provide increased benefits, 11, This QDRO does not require the Plan to pay any benefits which another order previously determined to be a Qualified Domestic Relations Order requires the Plan to pay to another Alternate Payee, 12, On and after the date this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions and the right to direct her Plan investments to the extent permitted under the Plan, 13, All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, 14, It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code H14(p), os it may be amended from time to time, 15, In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this QDRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt, In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this QDRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 16, After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan, 17. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO, <It .. - QDRO Page 3 18, Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code AA401{a){ll) and 417. but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 of this QDRO, The sole purpose of this Paragraph 18 is to ensure payment to the Alternate payee in case of Participant's death prior to payment by the Plan of the amount described in Paragraph 7 of this QDRO, In ~ase of the Alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the estate to Phyllis C, Lloyd, 19, The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO, The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO, The court retains jurisdiction over this matter as provided by law, Signed: 1'1119 Y I 'f . ,f'i (, , BY THE COURT: ~4L ~J ~ ~ ~ '1 1 €J :z < ~ ~ ! e~~~~~ sa:S~~"" . < ~ = ~ ;:: .5~=O~~ cn~!lc,;~i c Z d" = = ~ a 0- ..... ... ~ .. . '" ~ ::c = , . '\ - . \, .,0, - I \'/'i '\' ',' .J.,.... :,;'j,) of , "