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HomeMy WebLinkAbout94-05540 p /\ -. ~ II . -7 t ?; Lt ~ J o ~I \()I ~\ 0-1 / ./ Z. ;) '. " ,-. . ... ~~~~~-~~~~~---------~~~---~---~ ~,.___~_.__o.._._" ._____v..,_ ,__..,..... .oM. ., _, .... ..__._ ..... . ....-..__....0...._...___., . ~ 8 : IN THE COURT OF COMMON PLEAS : ~ OF CUMBERLAND COUNTY ~ 8 t'$' 8 8 ~ 8 8 STATE OF '~~: PENNA. . ~ 8 8 8 JANET E. FREY jJ N II. .........9.~.::-.~.~.40................. I~ 8 8 8 8 V pl'oUo 8 8 EARL BARRY FREY 8 e 8 ji iii . . l!I ~i ~ e ~ 8 DECREE IN 8 $ DIVORCE 8 8 8 ~ AND NOW, .. ..;:r ~<:... 1. ~. .. . .. .. . ... 19..9.~... it is ordered and ~ ~.' decreed that.......... ..~~~.~ .~.'..~~~~.............,...."". plaintiff, ~ " 8 ~ and. . . . . . . .. . . . .I'!~~~. .~~~.~~ . ~RE.~ . . . . . . . . . . . . . . . . . . . . . . . . . " defendant. 8 8 are divorced from the bonds of matrimony. 8 8 8 8 ~ 8 8 8 ~ ~ 8 ~ ~ . ~--~.>>:. ~ 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; '.' AND IT IS FURTHER ORDERED, that the terms, conditions and l~ c~Y.~l)a!lt.s. s!l~. .~9~t.l'!. ~!l. .~1:1~. :w:z:H-~e.l'!. ~~.~P'~~~y .!?!l~.q~I)I!3.1'!t::. ~9'.Z:~~\ll!3.nt made: I ~ and entered into by the parties on May 20, 1996, are incorporated.:, into. thi.s . DecJ:ae. by. reference. thereto.,. .but. .not. merged. in.to . this I ~ Decree. ~ U, Th':JL'4 tL!. :: ^"..,,()"".~~ E~~, K~~~7 j ~y:~~['. '/7ICru,'w-,~/, ,~ Pro\P'onolary .. :c. .:to:. .~. .:+;. .:.;. .:.;. .:.:- .:+:. .:+:. .:.:- .:+:. .:+:. , . !~ " I.~ .. I I~ -:.:- .:+:- .:.:- .:.;. .:+:. -:.:- .:+:. .:+:. .:+:. .:+;. -. -n~ /1".0' .a.-l I.. j.)<'/ <i<. . . _. Janet E. Frey Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA1'lIA VS. Earl Barry Frev Defendant NO. 94-5540 QUALIFIED DOMESTIC RELATIONS ORDER 1. The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of A414(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 psyable 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 Mav 20. 1996 4. This QDRO applies to the AMP Incorporated Employee Savings and Thrift Plan ("Plan") and any successor thereto. Earl Barry Frey ("Participant") is a Participant in the Plan. Janet E. Frey ("Alternate Payee") is the Alternate Payee for purposes of this QDRO. 5. The Participant's nsme, mailing addrese, Social Security number and date of birth are: Earl Barry Frey 337 South Market Street Elizabethtown, PA 17022 Social Security No.: 206,32,2540 Date of Birth: October 14, 1944 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Janet E. Frey 733 Old Silver Spring Road Mechanicsburg, PA 17055 Social Security No.: 192-32,3195 Date of Birth: December 27, 1940 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 $16,000. 8. The amount designated in Paragraph 7 shall not be paid directly to the Alternate Payee but, as soon us administratively possible, such amount shall be paid to the Jackson National Life Insurance Co. to be applied to the following individusl retirement account which is represented to be eligible to receive this transfer. IRA Account for Janet E. Frey Jackson National Life Insurance Co. 5901 Executive Drive P.O. Box 30388 Lansing. MI 48909,4068 QDRO Page 2 The Alternate Payee intends to complete the withdrawal forms of the Plan Sponsor to effectuate 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 Plsn 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 snd election privilegea that are afforded to active participants. induding, 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 ~414(p), as 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 tenns 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 ofreceipt. 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. 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 ~HOl(a)(11) 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 tll 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 case 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 of the Alternate Payee. 19. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the ParticipaJl.t 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. . ~ . QDRO Page 3 The Court retaina jurisdiction over thia matter aa provided by law. Signed: ~.u ,..l"., Ift/t,. BY THE COURT: Judge . c\ .-\",~ . Janet E. Frey Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAl'm COUNTY, PENNSYLVANIA VS. Earl Barry FrllY Defendant NO. 94-5540 QUALIFIED DOMESTIC RELATIONS ORDER 1. The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of t414(p) of the Internal Revenue Code of 1986 ("Code"). 2. This Order creates and recognizes the existl!nce 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 provieion of marital property rights to the Alternate Payee as a result of a Marriage Settlement Agreement between Participant and Alternate Payee entered into May 20, 1996 4. This QDRO applies to the AMP Incorporated Pension Plan ("Plan") and any succeesor thereto. Earl Barry Frey ("Participant") is a Participant in the Plan. Janet E. Frey ('IAlternate Payee") is the Alternate Payee for purposes of this QDRO. 5. The Participant's name, msHing address, Social Security number and date of birth are: Earl Barry Frey 337 South Market Street Elizabethtown, PA 17022 Social Security No.: 206,32,2540 Date of Birth: October 14, 1944 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Janet E. Frey 733 Old Silver Spring Road Mechanicsburg, PA 17055 Social Security No.: 192-32-3195 Date of Birth: December 27, 1940 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Alternate Payee is hereby awarded 22% of the Participant's accrued benefit under the Plan as of September 21, 1994, and 22% of the Participant's accumulated contributions plus interest under the Plan as of September 21, 1994 (plus further interest thereon to the date benefit payments commence). The actuarial equivalent (determined in accordance with Plan rules and procedures in pffectl of the portion of the Participant's accrued benefit hereby assigned to the Alternate Payee shall be payable to the Alternate Payee, at the Alternate Payee's election, (i) at any time on or after the earliest date that the Participant would be eligible to commence receipt of his Plan accrued benefit (the "Earliest Retirement Date"), without regard to whether the Participant has in fact commenced receipt of his own remaining Plan accrued benefit, (ii) in any form of payment the Participant would be eligible to elect, and (iiil subject to the Plan's early payment reduction factors applied from the , , QDRO Page 2 Participant's age 65 if commenced prior to the Participant's attainment of age 65; with the exception that in no event may the Alternate Payee elect payment in the form of a joint and survivor annuity with a new spouse of the Alternate Payee as the joint annuitant. The Alternate Payee cannot withdraw accumulated contributions plus interest until or unless such time as the Participant actually terminates employment prior to retirement eligibility (in which event the accrued benefit assigned to the Alternate Psyee shall be reduced under the PianOs then spplicable procedures to reflect the annuity value of the withdrawn contributions plua interest). In the event the Alternate Payee commences benefit payments prior to the Participant's retirement and the Participant subsequently commences Plan benefit payments under conditions of eligibility for an early retirement subsidy, the benefit payable to the Alternate Payee shall be increased prospectively to provide to the Alternate Payee such early retirement subsidy. 8. In the event the Participant dies before the Earliest Retirement Date, the accrued benefit and accumulated contributions plus interest assigned to the Alternate Payee under Paragraph '1 above shall be unaffected. In such a case, the earliest date the Alternate Payee may commence receipt of the accrued benefit is the Earliest Retirement Date. 9. In the event the Alternate Payee dies prior to commencement of her benefit payments pursuant to this order, the contributions plus interest assigned to the Alternate Payee pursuant to this order shall be paid to Lori Beth Williams ,who is hereby designated as the Alternate Payee's death benefit beneficiary for Plan purposes. Other than this refund of contributions plus interest, if any, the portion of the Participant's accrued benefit assigned to the Alternate Payee pursuant to this order shall be forfeited to the Pension Plan in the event of the Alternate Payee's pre-commencement death and no further benefit shall be payable from the Plan on &ccount of the Alternate Payee's pre-commencement death. 10. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee ia not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this QDRO. All other rights, privileges and optiona offered by the Plan not granted to Alternate Payee are preserved tor the Participant. 11.. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 12. 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 psys 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. 13. In the event that the Plan is terminated, whether on a voluntary or involuntary basis, and the Participant's benefits becomp. guaranteed by the Pension Beoefit Guaranty Corporation (PBGe), the Alternate Payee's benefits, as stipulated herein, shall also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the Participant's benefits are guaranteed by the PBGe. . . QDRO Page 3 14. 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 Altemate Payee of the Plan's procedures for determining the qualified atatus 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 detennination within a reasonable period of time after receipt of this QDRO. The Court retains jurisdiction over this matter as provided by law. , Signed: :!W><J ,J~ /~J1r; BY THE COURT: i. f' 1 l' C . , t , ~ dl.~dl J dge 'r f: _i ~i_ " r t li f t' . , . E f ~ ~ ~ l-l _ ""':T~ "f'-) ~o :r~ ~ q ~ ~ 5 N 'ill. ~ ,~ ~ ~ j ~J Jj~ i ~ ~ ~ 1- :I ~ ....... e~~5j~ S~~.i~~ .s~i!d~'i ~l.;.tl! Q - ~ ~ s= F ... . ~ ' :r: = ~ . . . . .. . . . . , CJ.~ - ?SYO . jmb/frey. sapsa, May 17, 1996 , PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made this 2DtA day of -.Malt 1996, by and between E. Barry Frey, hereinafter reftlrred to as "Husband". and Janet E. Frey, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 27, 1972; and WHEREAS, no children were born of this marriage; 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 Wifo; and in general the settling of any and all ~laims 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, Samuel L. Andes, 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. SEPARATIO~: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time chooBe or deem fit. 2. INTERFERENCE: Each party shall be free from interference. authority and contact by the other, as fully as if he or she were - 1 - jmb/frey.sapsa May 17, 1'996 ' 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 respectn as if he or she were single and unmarried. 3, WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation in September of 1994 she has not, and in the future she will not, contract or inc~r 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 in September of 1994 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. 6. MUTUAL RELEASE: 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. Except as provided herein, each party waives his or her right to alimony and equitable distribution of property notwithstanding the Pennsylvania "Divorce - 2 - jrnb/frey.sapsa May 17, 1'996 . Code" known as Act No. 26-1980 and as amended by Act No. 13-1988. Each party also waives his/her right to request marital counseling pursuant to 23 Pa.C.S,A. Section 3302. 7. DIVISION OF PERSONAL 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 ~. w:.IL., and taking into account the following considerations: the length of the marriage; the fact that it is the second 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. 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". - 3 - jmb/frey.sapsa May 17, 1'996 . 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 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. REAL ESTATE: On August 23, 1995, the marital residence located at 3601 Dwayne Avenue, Mechanicsburg, CUmberland County, Pennsylvania was sold. Wife received $50,000 from the proceeds of the sale of the marital residence and Husband received $25,000 from the proceeds of the sale of the marital residence, The remaining portion of the proceeds from the sale of the marital residence were placed in an interest bearing escrow account at Fulton Bank and shall be divided between the parties as set forth in Exhibit "A". The parties agree that each shall be responsible for 50 percent of any capital gain consequences resulting from the sale of the marital residence. - 4 - jmb/frey.sapsa May 17, 1~96 . C, PENSION AND RETIREMENT PLAN: The parties agree that Husband is currently employed by AMP and has a pension with AMP and that Wife is currently employed by WITF and haa a pension with WITF. The parties agree that Wife shall retain her pension and such has been distributed to her as set forth in Exhibit "A" attached hereto. The parties shall divide and distribute Husband's pension with AMP as follows: (a) Husband shall transfer, by a tax-free rollover, $16,000.00 from his savings and thrift plan to an account for Wife, in accordance with the Qualified Domestic Relations Order which is attached hereto and marked as Exhibit "B". (b) Wife shall be paid 22 percent of the Marital Portion of the benefits paid to Husband from his AMP pension plan upon his retirement and his receipt of such payments following retirement, which payments shall be accomplished by a Qualified Domestic Relations Order in the form attached hereto as Exhibit "C". (c) All other benefits from Husband's pension with AMP, Inc., shall be and remain the sole and separate property of Husband, free of any claim by Wife except as set forth in this paragraph and the Qualified Domestic Relations Order which is attached. J~' {tf 'l'fte 8ilpG-liil- i_;l.Q:1Ot l;.e. ~,fj- ~l:!f'paTItti~ -ef ~ ,.6 -'ill:tfllif Ii RoO,". ..ti~J:&.tii)fl. 0l:!c1. IIkall ~eJ l'Md b.j' ~L"1l<!, 4~ fjcfrF 8. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1992 Chevrolet Cavalier shall become the sole and exclusive property of Wife subject to the lien held by New Cumberland Federal Credit Union; and (b) Husband has sold or traded. in the 1988 Nissan Maxima and has purchased a 1995 Ford Taurus. The 1995 Ford Taurus shall become the sole and exclusive property of Husband subject to the lien held by Defense Activities Federal Credit Union (or Member's First). Husband hereby agrees to pay this outstanding debt and further agrees to indemnify and save Wife harmless from any and all claims and demands made against her by reason of such debt and obligation. - 5 - jmb/frey.sapsa May 17, 1996 . 9. 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. 10, LIFE INSURANCE: Husband agrees to purchase a $25,000 declining term insurance policy for the purposes of securing his alimony obligations under paragraph 11 herein, Said policy shall pay the following benefits during each of the policy years: Year 1 Year 2 Year 3 Year 4 Year 5 $25,000.00 23,300.00 21,475.00 19,475.00 17,300.00 The following conditions shall be placed on said insurance policy: (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; (b) He shall immediately designate Janet E. Frey, as owner and irrevocable beneficiary of the insurance; 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 the insurance by the terms of this Agreement. As owner of the policy, Wife should automatically be issued premium statements and receipts. In the event that this does not occur, Husband shall request that duplicate premium statements and receipts be mailed by the insurer to Wife. - 6 - jmb/frey. sapsa May 17, 1996 . 11. ALIMONY: Husband agrees to pay Wife the sum of $500.00 per month for the support and maintenance of Wife. such obligdtion for support to Wife shall commence on October 1, 1995 and shall continue for a period of five (5) yeare or until Husband dies, or Wife dies, remarries or enters into cohabitation with a person of the opposite sex, who is not a member of the Wife's immediate family, whichever event shall first occur. 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. Although 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 may be enforced as provided in 23 Fa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains to support for Wife or Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband further 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 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. 12. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any - 7 - jmb/frey.sapsa May 17, 1996 . 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, 13. 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 relin~Jishment of all such interests, rights and claims. 14, AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wi fe, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this Agreement is, for any reason, illegal or for any - B - jmb/frey.sapsa May 17, 1996 . reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant, covenant and agree that, in any possiblp. event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 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 330l(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 330l(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. 16. ENTRY AS PART OF DECREE: 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 decree of final divorce, but shall be incorporated for the purposes of enforcement only. 17. 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 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. 18, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other - 9 - jmb/frey. sapsa. May 17, 1996 party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. TAX ADVICE: Both parties hereto hereby acknowledge and agree th..,t 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 attorrleys. 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. 20. 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. 21, 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 Agreem~nt 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 - 10 - jmb/frey.sapsa May 17, 1'996 . 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. 22 . 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. 23. 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. 24. 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, 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 26. 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. . 11 - jmb/frey. sapsa. May 17, 1~96 l ~. L MARITAL ABBaTB AMP Savings & Thrift Plan (H) Prudential IRA (W) Prudential IRA (H) Prudential IRA (H) Prudential (H) Prudential (W) Mutual of America (W) New Cumberland Federal Credit Union (W) Wife's Pension Dauphin Deposit (H) U,S, Savings Bonds Escrow account with Fulton Bank TOTAL Husband and Wife hereby agree assets shall be distributed between the manner: Wife shall retain the following: Prudential IRA (W) prudential (W) Mutual of America (W) New CUmberland Federal Credit Union (W) Wife's Pension Distribution from Real Estate Proceeds Escrow Account with Fulton Bank TOTAL Husband shall retain the following: AMP Savings & Thrift Plan (H) prudential IRA (H) prudential IRA (H) Prudential (H) Dauphin Deposit (H) U.S. Savings Bonds Distribution from Real Estate Proceeds Escrow Account with Fulton Bank TOTAL EXHIBIT "A" $ 24,096,90 805.66 6,529.06 9,609,21 1,950.56 1,950,56 2,301.37 475.86 371.80 1,263.13 3,625.00 114.954.34 $167,933.45 that the above mentioned parties in the following $ 805.66 1,950.56 2,301.37 475,86 371.80 50,000.00 28.905.68 $ 84,810.93 $ 24,096.90 6,529.06 9,609.21 1,950.56 1,263.13 3,625.00 25,000.00 11. 048.66 $ 83,122.52 jmb/frey. saps a, May 17, 11)96 COUNTY OF DI't,/P",,v ) ( ) ss: CO~ONWEALTH OF PElo.'NSYLVANIA On this, the ~(}1^ day of yY,1'lA,r 1996, before me, a Notary Public, the undersigned officer, personally appeared Janet E. Frey, 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. IN WITNESS MIEREOF, I hereunto set my hand and official seal. (~('~;/'fc' Q. ~~vy-J Notary 1 c Notorlll Seol Jaaquelyn A. Zenlemover, Not.'Y Public Haorlaburg. Dauphin County My Comml6sloil Expires Jan. 29. 1999 MIrrber. PtM. 4i~ AIIK:loabl 01 NDIinII .1 i: jmb/frey.saps~ May 17, 1~96 . . COMMONWEALTH OF PENNSYLVANIA ) t~~ ( COUNTY OF ) On this, the /8-t4 day of 55: 'JIAN(, 1996, before me, a Notary Public, the undersigned officer, personally appeared E, Barry Frey, 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 same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. /- ffc~jJd. Notarf' Publ c II-E~ ~1bQ, ClUtt ~ Q.,.,..., EJi!*8lALv- 17, 1. " v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 94-5540 CIVIL ACTION - LAW IN DIVORCE JANET E. FREY, Plaintiff E. BARRY FREY, Defendant 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: October 4, 1994, certified mail. 3. Date of execution of the affidavit of consent required by Section 3301(C) of the Divorce Code: by plaintiff: June 20, 1996; by defendant: June 18, 1996. 4, Related claims pending: None, 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301 (d) (1) (i) of the Divorce Code. not aoolicable Dated: ,_')..(j:?J& L.. ~ ~ "i-)<t .,,- ~ ~<icJ <:' p~ :t :E ~ 5 C:C 1 ~ I~ ~d ~ .....9 \')- <- LL\ ~ c., G\<) " a; - .~ ~~I~ ~~j~ ~ ~ ~ ') ..) ~~ e, } ~ :2 _ "() ") \:lor , ~_.-." i'" ~ '-0'Vc V . -~ .-1. ~,. ., - ,-. ',0$ .J"-,, __ )..r; . .- ,', ~ ...... '. s:: C>- o N ,'" I'~') "'-J ~ , .... ..... <or> \ ~ ! - :il o ~ _... 2 III ,..._ d/J~si~ . j~:Ji~ . ~<zd.e~ ~ ~. :I: j(ll'!"'d; . ~ . III Q - :;..... cc = 2 o . ... . '" . '" :: :z: I ( . . . .. , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO~ - LAW NO.Q4- 5jJt2IVIL JANET E. FREY, v, EARL BARRY FREY, Defendant 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 indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF 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. Court Administrator Fourth Flocr CUmberland County Courthouse Carlisle, PA 17013 Telephone No. (717) 240-6200 ~~ ' ...sandra L. M~~ Attorney for Plaintiff HEPFORD, SWARTZ & MORGAN P,O. Box 889 Harrisburg, PA 17108 (717) 234-4121 j 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services I .i of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. HEPFORD, SWARTZ & MORGAN By: x!~/u-~~../~ , Sandra L. Me lton No. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorneys for Plaintiff I verity that the statements made in this Complaint are true and correct. I understand that false statements herein are made .ubject to the penalties of 18 Pa,C.S. Section 4904, relating to un.worn talsitication to authorities, Dated I 'hJ,'L 9r . ft' f .. ~ \~ ~ ~~ ~ ~~ C "'<'\ ~ _'" ;t G f: ~ N ~ I~ ~ ~ \...:::'i .... ~-,~ ~ ~ ~ ~ ~ ii r f , ... ., . . ., . . I' II v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5540 CIVIL ACTION -- LAW JANET E. FREY, Plaintiff E. BARRY FREY, Defendant IN DIVORCE WAIVIlR 01' HOTIC. 01' IHTDTIOH TO UQUJiS'l' BHTRY 01' A DIVORC. D.CR.. OHD.. S.C'1'IOH 3301(0) 01' THI DIVORC. COD. 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 ~xpenses 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: 6/.h/~'G 7 1~2fid'" ef' ~~ J. et E, Frey, Plai . iff ~ ~ ~ '(J ,y.; ~ :p ~ c:J ....,. 0 ~ ~ ~ ~ ~ ~ ~ ~ J ~ ~ . .. . . .. . ~ 0 "- I- ~ '~ .. ;'~ f C'\I J~ !~ ~- ;.!!~ I' f.L,. -)-:) C.' :;; (L 0'\ - l" ~ ',) f:: ::;.} ,:} -. "'.,; ~ \0 d !! en . . . ~ . . 4 .' . .. .. ' .. JANET E.PREY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5540 v. E. BARRY FREY, Defendant CIVIL ACTION -- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUBST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) 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: 6/18/96 ~ E. Ba , Defendant ~ 0 ~ .. r N ;~I -, ~, ::!: ;j " Q.. )' rc c 0'\ -~5i ,,: ~. fl--. 0:'" - Ul .0.: ;:...~ -, OJ IJ. Vl t3 0 0'\ . . . " " . . .