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HomeMy WebLinkAbout02-3520JOYCE S. SMITH, Plaintiff PHILLIP A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. crvm : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignifes or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, High and Hanover Streets, Carlisle, Pennsylvania 17013. W 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le hah demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al paRir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se detlende, la corte tomara medidas y puede emrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JOYCE S. SMITH, Plaintiff PHILLIP A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. ClV : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF ~ DIVORCE CODE AND NOW comes the above Plaintiff; Joyce S. Smith, by her attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff~ loyce S. Smith, is an adult individual who resides at 217 Ridge View Drive, Masysville, Perry County, Pennsylvania 17053. 2. The Defendant, Phillip A. Smith, is an adult individual who resides at 942 Maplewood Lane, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. 6. 7. The Plaintiff and Defendant were married on April 29, 1976, in W'mchester, Virginia. The Plaintiff and Defendant are both dtizens of the United States of America. There have been no prior actions in divorce between the parties. Plaintiff avers that two children have been bom of the marriage, namely, Cory A. Smith, born December 8, 1976, and Kasey L. Smith, born September 26, 1982. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the fight to request that the Court require the parties to participate in counseling. t 0. The causes of action and sections of Divorce Code under which Plaintiffis proceeding are~ Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff imends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on June 13, 2002. WHEREFORE, Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Jo~-S. ~mith, P~imifr ..0'~ ~O0.Z ' "Cara A_ Bo-yanowski,~squire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Plaintiff JOYCE S. sMITH, ~ Plaintiff v; PHILLIP A. 'sMITH, .~,, Defendant i!' ? : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3520 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. {}4904 relating to unswom falsification to authorities. rhi~}p A. Smith~ Defenda~-' - JOYCE S. SMITH, Plaintiff Vo PHILLIP A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBE~ COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3520 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 24, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I 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: yxo.~ (~ ~_.. By: Phillip A. Sn~th, Dei~'endant JOYCE S. SMITH, Plaintiff V. PH[LLIP A. SMITH, Defendant IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3520 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF TIlE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. 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. r)ate: Joy~ S~Smith, Plaintiff JOYCE S. SMITH, Plaintiff V. PHH.LIP A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3520 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 24, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service o£the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Oate: I By: S.'Smith,¥1 tifr s tyNo, i?qq27 3o2 JOYCE S. SMITH, Plaintiff V. PHILLIP A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3520 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 30th day of July, 2002, she did serve upon Phillip A. Smith, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, addressed to 942 Maplewood Lane, Enola, Pennsylvania, 17025. The receipt for said Complaint is attached hereto as Exhibit "A." Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to and subscribed before me this ! (fl~Xday of '~d.,~ l,q~ , 2002. ! P^TRIClA A. ~110~, ~ota~ Pub' ~er P~m T~., D~in C~nty M~ ~iss~ Expires June ~, ~ Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. IrAttach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service labe/) PS Form 3811, August 2001 ~ by (Pr/~'~ed./~m~ lC. Date (;If Delivery '"~'s delivery address' different from item 17 [] Yes If YES, enter delivery address betow: [] No 3..Sen/ice Type .~Certified Mail [] Mail Express [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~,~s Domestic Return Receipt 102595-02-M-1035 JOYCE S. SMITH, Plaintiff PHILLIP A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-3520 CIVIL TERM : : 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. 2. Ground for divorce: irretrievable breakdown under §3301 (c) of the Divorce Code. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant, by first class mail, certified, restricted delivery, on July 30, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §330 l(c) of the Divorce Code: by Plaintiff.' December 12, 2002; by Defendant: December 9, 2002. (b)(1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(e) Divorce was filed with the Prothonotary: December 18, 2002. Date Defendant's Waiver of Notice in §3301(e) Divorce was filed with the Prothonotary: December 18, 2002. Respectfully submitted, DALEY LAW OFFICES Cara A. Boyanowski, [~uire Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff AGREEMENT BETWEEN JOYCE S. SMITH AND PHILLIP A. SMITH Cara A. Boyanowski, Esquire Counsel for Wife Michael D. Rentschler, Esquire Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions SECTION III: Alimony and Alimony Pendente Lite Provisions SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution 3 4 10 10 14 SECTION I INTRODUCTION THIS AGREEMENT made this I~.,'~ day of 0F~..~e.Ar' , 2002, by and between JOYCE S. SMITH ("Wife") and PHILLIP A. SMITH ("Husband"). WITNESSETH: WHEREAS, Joyce S. Smith, Social Security Number 194-42-9832, was born on August 10, 1951, and currently resides at 217 Ridge View Drive, Marysville, Perry County, Pennsylvania 17053. WHEREAS, Phillip A. Smith, Social Security Number 194-42-9076, was born on March 11, 1950, and currently resides at942 Maplewood Lane, Enola, Cumberland County, Pennsylvania 17025. WHEREAS, the parties hereto are Husband and Wife, having been married on April 29, 1976, in Winchester, Virginia. WHEREAS, the parties are the parents of two children, namely, Cory Alan Smith, born December 8, 1976, and Kasey Lanelle Smith, born September 26, 1982. Neither child is under the age of eighteen years. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; 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. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION H GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301 (c) of the Divorce Code of 1980, as amended and will execute the documems necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged imo any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shah be entirely independent thereof, and the parties intend that aH obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Michael D. Rentschler, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS 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. The parties have heretofore filed joint federal and state tax returns. 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. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times herea~er, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all fights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all fights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all fights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereat~er arising. The above release shall be effective regardless of whether such claims arise out of any former or furore acts, contracts, engagements or liabilities or the other or by way of dower, curtsey, widow's rights, family exemption or similar allowance, or under the intestate laws, or the fight to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. Each party agrees that upon execution of this Agreement, all prior will provisions designating a former spouse as an heir are nullified and all life insurance policies designating a former spouse as a beneficiary are waived. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (if the beneficiary designation was made subsequent to execution hereof), nor to defeat the fight of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, if such will was executed subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such fights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution &this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shah be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shah be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreemem constitutes the entire understanding of the parties and supersedes any and ail prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most at, er demand thereof) execute any and ah written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of such party herea~er to enforce the same, nor shailthe waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 fi.om this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Joyce S. Smith, 217 Ridge View Drive, Marysville, Pennsylvania 17053, or counsel for Joyce S. Smith, or such other address as Wife fi.om time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Phillip A. Smith, 942 Maplewood Lane, Enola, Pennsylvania 17025, or counsel for Phillip A. Smith, or such other address as Husband fi.om time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 SECTION m ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or herea~er have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereat~er be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS A. Husband's Commonwealth Retirement Plan.q' The parties agree that Husband shaH retain sole ownership and possession of all of his retirement benefits and plans through the Commonwealth of Pennsylvania, including, but not limited to his State Employees' Retirement System (SERS) account and his Deferred Compensation account, and Wife specifically releases and 10 waives any and all interest, claim or right that she may have to these assets. B. Wife's American Express Financial Advisors Retirement Plan.q: The parties agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including, but not limited to her various Individual Retirement Accounts (IRAs) managed by the American Express Financial Advisors, and Husband specifically releases and waives any and all interest, claim or right that he may have to these assets. C. Husband' s Military Pension: Husband is the owner of a United States Military pension which is presently in pay status. In order to complete the parties' division of marital property, Husband agrees to provide Wife with one-half of his United States Military Retirement, which is currently in payable status, together with any cost-of-living increases or similar increases that occur after retirement. Wife shall receive a direct payment of these funds from DFAS-CL. The parties agree that Wife, or Wife' s counsel, shall submit this Agreement to the Defense Finance and Accounting Service/ Cleveland Center, within the proscribed time frame, for implementation. Until such time as Wife begins receiving payments directly from DFAS-CL (which may take up to 180 days), Husband shall make these payments directly to Wife, no later than the fifth day after receipt of Husband's Military retirement check. Said obligation to begin the first day of the first month following the execution date of this A~eement. Wife shall remain as the recipient of the survivor benefit (SBP) of the military pension, to the degree that the plan permits her to be designated as such. The parties acknowledge that this benefit shall change from that of"coverage of spouse" to that of"coverage of former spouse" when the new election is made. Again, the parties agree that Wife, or Wife's counsel, shall submit this Agreement, and complete any other necessary paperwork, to the Defense Finance and Accounting Service/Cleveland Center, within the proscribed time frame, for implementation of the survivor benefit (SBP). It is acknowledged by the parties that the expense for the survivor benefit plan (SBP) is presently satisfied from Husband' s monthly United States Military pension payment. Thismethod of payment shall continue until further Order of Court, or agreement between the parties. It is further agreed that Husband shall provide to Wife at the beginning of each and every calendar year, a copy of his current retiree account statement. 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and 11 each party waives any right, title or interest they may have in the other parties' account. 4. MUTUAL FUNDACCOUNT Husband and Wife are the owners of two jointly titled Mutual Fund Accounts managed by the American Express Financial Advisors, which total approximately $1,600.00. Husband and Wife agree that these funds shall be transferred to Husband, and Wife waives any right, title or interest she may have in these funds. Wife agrees to sign all necessary documents to effectuate this transfer of assets. 5. AUTOMOBILES The parties are the owners of various automobiles including a 1986 Oldsmobile Eighty Eight automobile, a 1995 Ford Ranger pick-up truck, a 1979 Yamaha motorcycle, and a leased 1999 Subaru Forrester automobile. Husband and Wife agree that the leased 1999 Subaru Forrester shall remain in the possession of Wife. Wife agrees to assume sole responsibility for all lease payments remaining on the Subaru Forrester automobile and she agrees to indemnify and hold Husband harmless from such. Husband and Wife agree that the 1986 Oldsmobile Eighty Eight automobile shall be the sole and separate property of Wife, and Husband waives any right, title, or interest he may have in this vehicle. Husband and Wife agree that the 1995 Ford Ranger pick-up track and the 1979 Yamaha motorcycle shall be the sole and separate property of Husband, and Wife waives any right, title, or interest she may have in these vehicles. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. Each party shall be responsible for any loans on his or her vehicles distributed under this Agreement. 6. CASH PAYMENT Husband agrees to pay to Wife the sum ofTen Thousand ($10,000.00) Dollars. Upon the signing of this document, the parties agree that this mount will be transferred to Wife. 12 7. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. The parties acknowledge as of their date of separation, June 13, 2002, Wife shall assume sole responsibility for all debts she charged on her credit and charge cards and Husband shall assume sole responsibility for all debts he charged on his credit and charge cards. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 10. REAL ESTATE A. Marital Residence - The parties acknowledge that the Marital Residence, located at 141 Chester Street, Carlisle, Cumberland County, Pennsylvania, was sold on June 12, 2002. The net proceeds realized from the sale of the real property totaled $9,030.06. Husband and Wife have agreed to equally divide the net proceeds realized from the sale of the Marital Residence, with Wife receiving $4,515.00 and Husband receiving $4,515.06. Wife acknowledges that Husband provided her with a portion of her one-half interest in the net proceeds on June 20, 2002. This payment totaled $2,015.00. Husband agrees to furnish Wife with the sum of $2,500.00 to complete the division of this asset. This transfer of funds shall occur simultaneous with the signing of this document. B. Pocono Parcel - The parties acknowledge that they are the joint owners of a parcel of undeveloped land located in the Pocono Mountain Region of Pennsylvania. The parties agree, at the time of execution of this Agreement, that this parcel of land shall continue to be jointly owned. In the event either party wishes to purchase the interest of the other, after the signing of this Agreement, he or she must present both an appraisal and a written purchase offer to the other party, 13 which the other party may accept or reject. In the event both parties decide to sell the undeveloped parcel to a third party, any proceeds realized from the sale will be equally divided between Husband and Wife. Each party will agree to cooperate in the listing and sale of the property. C. Husband's Residence: Wife agrees that the real property purchased by Husband, known as 942 Maplewood Lane, Enola, Cumberland County, Pennsylvania, is and shall remain the sole and separate property ofHushand. Wife acknowledges that she has no legal or equitable interest in this property. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WItEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. WITNESS JOY~E ~ SMITH DATE WITNESS PHII~.LIP A. ~MITH DA~ ' 14 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. JOYCE S. SMITH~ Plaintiff VERSUS PHILLIP A. SMITH~ Defendant NO. 02-3520 CIVIL TERM DECREE iN DIVORCE AND NOW, ~/)~ ~J~ , ~ , it iS ORDERED AND DECREED THAT JOYCE S. SMITH PHILLIP A. SMITH AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE bONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOI. LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THiS ACTION FOR WhiCh A FINAL ORDER hAS NOT yet been ENtered; NONE. The provisions of the parties' Marriaqe Settlement dated December 12, 2002,.are incorporated, but not into this Decree in Divorce. Aqreement, merged, PROTHONOTARY