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HomeMy WebLinkAbout95-01803 - , .:.:. .:.:...:+:- .:.:. .:.:. ',:.:. .:.:,' .:+:. .:+:..:+:. .:+:. .:.:. .:.:. .:+:. .:.:. .:+:. .:+:. .:.:. .:+:. .:.:..-:..,'~:.:.::.:.:.;;.:.:.::.:.:.;;.:.:.:,.:.:.- .:+:. ":.}::':.:<~'i~ " - - ~ ----...--...- .' ~ ~ ~ ~ ,', il: !~ ,,~ ~ DECREE IN II ~ D I V 0 R C E ~ ~~()O,JPJ : AND NOW, . b.~.... J~....... 19.. .9.~,. II Is ordered and " .. .' ~.~ ~ ~ ~.' IN THE COURT OF COMMON PLEAS w ~.' OF CUMBERLAND COUNTY fr.r,~1':\" STATE OF rt~('. . , PENNA. .... .~, t._ Of ."<,~~,,,-,'''T ,', ~ ~ '.' w ~.' ~~ ~ ~ '.' ,'~ ~ ~ ~.~ BRIAN K, BAUM, 'I N (l. ,?5.~,1,~,~,3.... C,~,",~~...., 1<) PlaintH f ij ~ VPI'",l1S ~.~ ~ ~!JlIRON L.,BAUM, .'~ ~ Defendant w '.' ," W ~l w ro' $ w ... ~ ~.~ ~ ~.' ~ ~.; ~ ~ w ;.~ w '.' decreed that ....,.. .~~.I,J\l'I. !<'" .Q~!JM. . . . . . . . " . . . . .. , . . . .. . . ", plaintiff, and... .... ........ ,. .s.Ij~~~.N. .~:, .B,I~~~I... .. ................ ", defendant, are divorced from the bonds of matrimony, ~ The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; w ~.' ~ ,.' ,', ~ The attached agreement between the parties dated May 31, 1996 ........., ...... ......... ............. .... ......... ......... ... ......... .., ~ " ~', ~ M ,'.; ~ fo' iEj. ~l1.qQ+P.o.t;i}t!'!P. .blll:. .I1Qj:,I11ElI,"9!'!P, .inl:.o. .t\1~.S. .OiY.o.t;c;~. P,ElC;.P~,.......... ,....... ~ <;, ,~ O'l .' 8 ~ ~--_...... .'~:. ....:. .:.:. .:to:. .:to:. . , . " .:.:. .:+:. .:+:. .:.:. .:.;. ':.:. -:.:. .:.:. .:.:. .:.:. ':.:' .:.:. ~ .:.:- .:t;. .:t:- .:~:' .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. ~ / ~ '.' ,', :, ~ '.~ ,', :, ~ ,', ~ ~ '.' ,.; :, ~ '.' ,', ~ ;i! ~.' ~ '.~ ~ ... w '.' ,', ,', ~ ~ ~~ ,', ~ ~ '.' $ ~ ... ~ '.' ~ '.' ~ * ~ '.' * ~ '.' ~ s 't: '.' * 6 .;t1.tJ~ tJ, 'If.7'C &d, &?j )f/I~ a a7'fcS4ef. I1cartU ItAa:.4/ ;G~. . .. ... BRIAN K. BAUM, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff . . v. SHARON L. BAUM, Defendant 95 - 1803 IN DIVORCE AND NOW, O"L'P"~.."'O~RD" this ~ day of Court as follows: , 1996, it appears to the 1. The parties hereto were husband and wife and seek this Order in conjunction with a final decree of dissolution of marriage in the above-captioned matter in this Court. 2. The terms of this Order are entered by stipulation of the parties pursuant to paragraph 8 of their Marital Agreement dated May 31, 1996 and incorporated herein by reference as Exhibit "A". 3. Brian K. Baum, Social security No. 196-50-6495 (hereinafter referred to as "Participant/Member"), was a former employee of USF Red star, Inc. and a participant in a qualified retirement plan presently known as the "USF Employee's 401K Retirement Plan (hereinafter referred to as "plan"). 4. Participant/Member is an adult individual with a current and last known mailing address of RD #2, Box 183(B), Dillsburg, Pennsyl- vania, 17019. 5. Sharon L. Baum (hereinafter referred to as "Alternate Payee") is an adult individual with a current and last known mailing address of NO.bA, 17 Glenwood Road, Dillsburg, Pennsylvania, 17019. ~ 6. Alternate Payees' social security number is 171-62-4037. 7. The parties were married on April 18, 1992. 8. Participant/Member and Alternate Payee agree that Alternate Payee is eligible to receive a portion of Participant/Member's vested account balance in the Plan. 9. A portion of the Plan is marital property under the terms of the Pennsylvania Divorce Code and the entire Plan maintained a value of $13,907.95 as of December 31, 1994. 10. Alternate Payee was married to Participant/Member, in excess of two yearH (2) years. 11. To accommodate the Marriage Settlement Agreement, (paragraph (0) thereof) between the parties, IT IS ORDERED AND ADJUDICATED AS FOLLOWS: A. That a portion of Participant/Member's vested account balance in the Plan is marital property; and B. That the following allocations shall be made of the Participant/Member's vested account Plan balance and the portion thereof hereinafter set forth is hereby awarded to the Alternate Payee as her sole and exclusive property, subject to the terms and conditions applicable to such retired benefit maintained by the Plan Administrator, the Employee Retirement Income Security Act of 1974 (ERISA) and other applicable Federal, State and local laws; and 2 .. C. A lump sum amount of five thousand, two hundred-fifty dollars ($5,250.00) shall be transferred as a "roll-over" from Husband's account by the Plan Administrator to an Individual Retirement Accounf No. 00171624037 maintained by Mellon Bank, N.A. for the benefit of Wife as her exclusive share of the Plan; and D. The balance of the Participant/Member's account shall remain for the exclusive benefit of Participant/Member; and E. All ownership rights in the remaining Plan assets main- tained for Participant/Member shall hereinafter belong to Brian K. Baum and all ownership rights in the funds transferred to Wife's account with Mellon Bank, N.A. shall hereinafter belong to Sharon L. Baum; and F. Any and all income tax consequences resulting from any payment or distribution of retirement benefit from the Plan, either as a lump sum distribution, installment payment or early withdrawal, shall remain the sole obligation and responsibility of the party receiving such retirement benefit or payment; and G. Any future distribution or payment of retirement benefits from the separate accounts of Alternate Payee and Participant/Me- mber will comply with all Plan provisions and any and all statutes and regulations applicable to the qualified retirement plan. 12. This Order: A. Does not require the Plan or its Administrator to provide any type or form of benefit, or any option, not otherwise provided 3 1 for herein, under the provisions administered by the Plan or its administrator; and B. Does not require the Plan to provide increased benefits; and C. Is intended to comply with all applicable Federal, state and local law. 13. Any notification or inquiries concerning the Plan shall be made to the Plan Administrator or Trustee, namely the USFreightways Corporation, in writing or by telephone at the following location: USFREIGHTWAYS CORPORATION Plan Administrative Committee 9700 Higgins Road, suite 570 Rosemont, IL 60018 708-696-0200 14. The parties hereto shall promptly submit this Order to the Plan Administrator or Trustee and shall promptly notify same of any change in his or her address set forth above in this Order, as deemed necessary. 15. Alternate Payee shall be treated as the distributee of any distribution or payment made to her under the terms of this Order, and as such, will be required to pay the income taxes, if any, on such subsequent distribution from her share as set forth above. 16. In the event the Plan Administrator inadvertently pays to Participant/Member or Alternate Payee any benefits that are hereby assigned to other pursuant to the terms of this Order, Participant/ 4 . , Member or Alternate Payee, as the case shall be, shall immediately reimburse the other to the extent that he or she has received such benefit payments and shall forthwith pay such amount so received directly to the other, within ten (10) days of receipt. 17. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated in the Marital Settlement Agreement. Consented to: A~~'\. t. 64tvW'- Brian K. Baum P pant/M en . 1/ Ba Payee J. Andrew c, Sheely, Esquire. t<9~4 /'01.;4 Attorney for Plaintiff I .. ) (; ,/1/ vt't. stephen K. Portko, Esquire . {O~ JI';Jttf Attorney for Defendant /- -~ 5 .- . ," . MARITAL AGREEMENT THIS AGREEMENT, made this 31st day of May, 1996, by and between Sharon L. Baum, party of the first part, hereinafter referred to as "Wife", and Brian K. Baum, party of the second part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 18, 1992 and separated on October 15, 1994; and WHEREAS, there has been children of the parties mar- riage, namely Brittany Ann Baum, D.O.B. 9/7/92;, and WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated or now live separate and apart from one another, 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; the settling of all matters between them relating to the past, present and future support, , . . alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their re- spective estates. WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sec- tions of the Divorce Code, Act of April 2, 1900, P.L. 63, Act No. 26, as amended, 23 P.S. 3101 et sea., and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors, namely Andrew C. Sheely, Esquire, Attorney for Husband, and stephen K. portko, Esquire, Attorney for Wife, acknowledging the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agree- ment as to each and all of their said matters of property and relations; and WHEREAS, Husband has filed a Complaint in Divorce, said Complaint being docketed in the Cumberland County Prothonotary's Office at No. 95 - 1003. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing 2 ~ their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his her or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any im- proper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respecti':e attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or pos- sessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity 3 . , to be fully advised if his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein arc fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or their respective families, or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other or their respective families. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relin- quishes his inchoate intestate right and his right to act as a 4 . . ' personal representative in the estate of Wife, and Wife relin- quishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5. MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various assets and property, including the following with estimated values as follows: (A) Mobile horne, with an estimated value of $5,000.00: and 5 , ' . (B) Mellon Checking Account No. 311-001-1065 in the amount of $134.85; and (C) Ford F-150 Super cab (lease); and (D) 1909 Plymouth Sundance; and (E) Travelers Life Insurance fund, contract No. GA- 600325 with no cash value; and (F) USF Employees 401 (k) Retirement Plan with an es- timated value of $13,907.95; and (G) Debt consolidation loan from Mellon Bank in the approximate amount of $3,000.00; and (H) Miscellaneous personal property; and (I) Miscellaneous marital and non-marital property and gifts; Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, and other items of marital property. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obliga- tions as provided in the Divorce Code of 1980, as amended. 6 6. PERSONAL PROPERTY AND MOBILE HOME 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 posses- sion, whether said property is heretofore owned jointly or individually by the parties hereto, 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 posses- sions of each of the parties hereto. Husband shall be entitled to full and exclusive possession of the mobile home, or the proceeds thereof. 7. MOTOR VEHICLES The parties hereto agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 1994 F - 150 Super cab (leased), or the proceeds thereof, and that he shall further hold Wife harmless from and assume full responsibility and liability for the car loan on the 1994 Ford F- 150 Super cab with Dauphin Deposit Leasing Co. The parties hereto agree that Wife shall be entitled to have sole and ex- clusive control, benefit, use and title of the 1989 Plymouth 7 . Sundance, or the proceeds thereof, and that she shall hold Husband harmless from and assume full responsibility and liability for such motor vehicle. o. USF EMPLOYEES 401lKI RETIREMENT PLAN. Husband and Wife acknowledge that Husband is a Par- ticipant/Member in a qualified retirement plan known as the USF Employees 401(k) Retirement Plan (hereinafter referred to as "plan"). Husband and Wife agree that Wife is eligible to receive a portion of Husband's vested account balance in the Plan. Husband and Wife further agree that a portion of the Plan is marital property as defined by the Pennsylvania Divorce Code. Both parties acknowledge that the value of the Plan is $13,907.05 as of the date of separation. Husband and Wife agree that the following allocations shall be made of Husband's vested account balance and that a portion thereof hereinafter set forth shall be awarded to the Wife as her sole and exclusive property, subject to the terms and conditions set forth below and all applicable rules and regulations main- tained by the Plan Administrator, the Employee Retirement Income Security Act of 1974 (ERISA) and other applicable Federal, State and local laws; A. A lump sum amount of five thousand, two hundred- fifty dollars ($5,250.00) shall be transferred from Hus- B . band's account by the Plan Administrator to an Individual Retirement Account maintained by Mellon Bank, N.A. for the benefit of Wife as her exclusive share of the Plan: and B. The balance of the Participant/Member's account shall remain for the exclusive benefit of Participant/ Member: and c. All ownership rights in the remaining Plan assets maintained for Participant/Member shall hereinafter belong to Brian K. Baum and all ownership rights in the funds transferred to Wife's account with Mellon Bank, N.A. shall hereinafter belong to Sharon L. Baum: and E. Any and all income tax consequences resulting from any payment or distribution of retirement benefit from the Plan, either as a lump sum distribution, installment payment or early withdrawal, shall remain the sole obligation and responsibility of the party receiving such retirement benefit or payment: and F. Any future distribution or payment of retirement benefits from the separate accounts of Alternate Payee and Participant/Member will comply with all Plan provisions and any and all statutes and regulations applicable to the qualified retirement plan. 9 I i, I . , Husband and Wife agree that the Court of Common Pleas shall enter a Qualified Domestic Relations Order incorporating the terms of this paragraph of the Marital Agreement and that Husband shall submit such Qualified Domestic Relations Order to the Plan (B) Neither party hereto shall make a claim upon the other for accumulated pension, profit-sharing, retirement sup- port, retirement benefits, insurance policies, IRA's, or any retirement-related benefits, excepting only those benefits set forth in the Agreement. (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Administrator for management. 9. MISCELLANEOUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit and other investment accounts, owned by them jointly or singly, have been divided to their mutual and individual sati- sfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the 10 beneficiaries of said policies. (D) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 10. DEBTS OF HUSBAND AND WIFE Husband and Wife acknowledge have incurred various marital, (joint and separate) debts prior to separation. At the 11 date of separation, Husband and Wife were indebted to the follow- ing persons or entities in the following approximate amounts: ~ Amount of Debt A. Mellon Bank $3,000.00 B. Dauphin Deposit Leasing $25,000.00 Husband represents and warrants to Wife that from the signing of this Agreement and in the future will assume full responsibility for the debts to Mellon Bank and Dauphin Deposit Leasing and that he shall hold Wife harmless from any and all claims or demands made against her by reason of such debts. The parties hereto agree that any and all obligations incurred subsequent to the date of separation, said date being October 15, 1994, shall be the sole and individual responsibility of the party incurring the obligation. Husband represents and warrants to Wife that from the signing of this Agreement 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Wife represents and warrants to Husband that from the signing of this Agreement and in the future she will not contract 12 or incur any debt or liability for which Husband or his estate might be responsible and Ahall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 12. CUSTODY. Husband and Wife acknowledge that a York County Order of Court dated January 18, 1995 presently exists which incor- porates a stipulation and agreement of the parties concerning custody. The parties acknowledge that they have modified the Order of Court dated January 18, 1995 and desire that the provis- ions of this paragraph supersede any prior Order of Court or agreement of the parties, as follows: (A) Mother and Father shall have shared legal custody of the child; and (B) Mother shall have primary physical custody of the child; and (C) Mother and Father agree that Father shall have periods of partial physical custody on the fOllowing basis: (i) On an alternating weekend basis, commencing at 7:00 p.m. on Friday evening and continuing until Sunday evening at 6:00 p.m.; and (ii) During the Christmas Holiday, beginning at 3:00 p.m. on Christmas Eve and continuing until 8:00 p.m. on Christmas Eve; (iii) On Thanksgiving Day, Easter Day and any other holiday agreed upon, the parties agree to share physical custody of the child on each of such holidays. 13 In the event Mother's alternating custody period would occur on a holiday, the parties agree that the alter- nating custody period shall be modified to conform with holiday contact period as set forth above. (iv) Father shall have a period of temporary partial custody as a summer vacation with the child. The period shall not exceed seven (7) days. In the event Father desires partial custody with the child as a summer vaca~ion, he shall provide Mother with notice of such intention within thirty (30) days of the requested time period and submit such notice to Mother prior to June 1 of the appropriate year. Father shall remain responsible for all expenses incurred by the child during his summer vacation and shall provide Mother with all telephone numbers where the child can be reached during such period. (v) In addition to the dates and times set forth above, the child shall always spend Mother's Day with Mother and Father's Day with Father. Mother and Father agree that custody with child shall commence at 9:00 a.m. and end at 8:00 p.m. on such day. (vi) And any other times as the parties may agree. (D) Mother and Father shall share transportation as agreed upon by the parties. (E) The parties will keep each other immediately advised to any emergencies concerning the child and shall further take any necessary steps to insure that the health and well being of the child is always protected. The parties shall provide each other with all home and work telephone numbers, as well as current addresses for the residence of the child. Both parties further agree to allow each other to speak with the child at any and all reasonable times as set 14 forth below. (F) Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. (G) Mother and Father agree that each shall communicate to each other through one-another whenever possible in accordance with the terms set forth in this Agreement and that they shall avoid using child as a liaison to commun- icate with each other as to oral modifications of this Agreement. (H) Mother and Father agree that there shall be reason- able telephone access between the child and the non-cus- todial parent. The parties agree to endeavor to place telephone calls to the child between 7:00 and 8:00 p.m., so as not to interfere with dinner or bedtime. (I) The parties agree that any Court of competent jurisdiction may enforce or modify relevant portions of this Agreement. The parties further acknowledge that either party may petition any Court with appropriate jurisdiction over the child should circumstances change and either party desire modification of this Agreement. 15 13. SUPPORT FOR CHILDREN Husband and Wife acknowledge that a Order of Court has been entered in the Court of Common Pleas of Cumberland County " I it I , ; docketed to No. 23320 wherein Husband pays an amount of $75.00 per week for child support and certain day care expenses. Husband and Wife acknowledge that an award of spousal support was recent- ly vacated at a support hearing held on May 29, 1996. Husband shall continue to pay child support in the amount of $75.00 per week through the Domestic Relations Office of Cumber- land County or any other court of appropriate jurisdiction. This amount for child support and day care expenses is presently deemed sufficient and satisfactory for the proper support and maintenance of the minor child. Husband and Wife understand that circumstances may necessitate an adjustment in the amount of support either upwards or downwards, depending upon the cir- cumstances and the respective incomes of the parties hereto in accordance with general support standards. Husband and Wife agree that nothing set forth in this Marital Agreement shall prejudice the right of either party to file a petition for modification of the amount of child support, at any time, in any Court of appropriate jurisdiction and that it is the specific intent of the parties that any future award of child support will be governed by the applicable support guideli- 16 nes and case law. 14. ALIMONY. SUPPORT AND MAINTENANCE Both 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 satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, alimony and maintenance and, further, waive and relin- quish any rights to division of property, other than provided in this Agreement and, finally, waive any rights to alimony pendente lite, counsel fees and court costs. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in Pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, as amended, both parties voluntarily and intelligently waive and relinquish any right to seek from the other payment for support, alimony and maintenance. 17 15. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and 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, as amended. Subject to the provisions of this Agreement, each party has released and dis- charged 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 what- soever 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 or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 3302 of the Divorce Code. 16. SUBSEOUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of 18 Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order. 17. 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 19 this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaotion 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 purRuant to section 3502 of the Divorce Code or any amendments thereto. 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. 18. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effeot have been fully explained to the parties by their respeotive 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. 19. ADDITIONAL INSTRUMENTS 20 Husband and Wife 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 terms of this Agreement. 20. MODIFICATION AND WAIVER Any 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. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 21. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief RS may be available to him or her. Both parties agree and are aware that non-compliance with any provision of this Agree- ment permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. ~3105. 21 Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way what- soever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise 22 of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 23. 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. 24. APPLICABLE LAW This Agreement shall be construed under the, laws of the Commonwealth of Pennsylvania. For purposes of contract inter- pretation and for purposes of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 25. VOID CLAUSES If any term, conditions, 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. 23 ~ ~ ~ J -J ~, f:\~ ,) " C\ ... <:l .) 4 ~ t1 'n ~ '^ ~ \i, " <l \..; <l' " ... .., -"" '" "" "' 1)-. ..... ~ - ,f1 ~ en -- .- "'- C>.- o:> r< (""l t- n: 0_ ...-.;.t """' ~\ :J ;H '" -a> - '" ~ it, 1>4 .., ; >! :S~ ~~~ ~ j ~ra t;;ij~ ~ C!l~~"'~C . ~rIJ!<~Z~ ~~I P< ~ ~d~3~ . . ~ i i ~1;~li ~I~ ~ . . ..:l C ::.: ...~ ~ ~2~ ~ i ~E. ~~ SHARON L. BAUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. '/)'.ll'a;j CIVIL TERM IN DIVORCE BRIAN K. BAUM, Plaintiff vs. 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 wa~ned that if you fail to do so, the case may proceed against you and a decree in divorce or annulment may be enter.ed 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 with 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD 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 Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 (717) 697-0371 By: l!vv/ltJ e El./_ Andrew C. Sheely,}Esquire PA. I.D. No. 62469 5 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff BRIAN K. BAUM, Plaintiff IN THE COURT OF COMMCN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ';-;-li"'3 CIVIL TERM IN DIVORCE vs. SHARON L. BAUM, Defendant COMPLAINT 1. Plaintiff is Brian K. Baum, who currently resides at Lot 111, 1550 Williams Grove Road, Mechanicsburg, Cumberland county, Pennsyl- vania. 2. Defendant is Sharon L. Baum, who currently resides at No.4, 17 Glenwood Road, Dillsburg, York county, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on april 18, 1992, at Highspire, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties her~to to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based is that: (A) That the Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to render his condition intolerable and life burdensome or, in the alternative; (B) That the marriage between the parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived separate and apart since October 15, 1994 or, in the alternative; (C) That Plaintiff and Defendant are now living separate and apart and, at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT I. EOUITABLE DISTRIBUTION 8. The allegations in Paragraphs 1 through and including 7 are incorporated herein and made a part hereof. 9. Plaintiff and Defendant have legally and beneficially acquired marital property, both real and personal, during their marriage from April 18, 1992 to October 15, 1994. 10. plaintiff and Defendant have been unable to agree as to the equitable division of said marital property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property pursuant to Section 3501 and 3502 of the 2 BRIAN K. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I, I I I I l I. vs. SHARON L. BAUM, Defendant NO. CIVIL TERM IN DIVORCE AFFIDAVIT BRIAN K. BAUM, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsi- fication to authorities. {1JUaYL- K-. A~A.(A1- Brian K. Baum SWORN to and subscribed b~fore me this 6't"'" day of c,i..;o-rLt , (]7"d7/.. I It (Jj), /3a"l t'~ . Notary Pub.uc My Commission Expires: NOtARIAL SEAL CATHERINE J BARRA, NotARY PUBliC SHIREMANS10WN BORO, CUMBERI A'lD CO, PA MY COMMISSIOfI EXPIRES SEPt 9, 19~5 1995. BRIAN K. BAUM . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . CIVIL ACTION - LAW . SHARON L. BAUM, . NO. 95 - 1803 . Defendant . IN DIVORCE . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on April 7, 1995. I acknowledge receiving a certified copy of the Divorce complalnt, said copy being served upon me by Certified Mail, Restricted Delivery, on april 12, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. section 4904 relating to DATE: Mav 31. 1996 authorities. r;;;hOfa1~' SHARON L. BAU unsworn falsification to the BRIAN K. BAUM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95 - 1803 IN DIVORCE Plaintiff v. SHARON L. BAUM, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 7, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. Section 4904 relating to unsworn falsification to the authorities. DATE: Mav 31. 1996 , AMOIV'- t. &u~ BRIAN K. BAUM , I' . , " . BRIAN K. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. SHARON L. BAUM, Defendant 95 - 1803 IN DIVORCE WAIVER or NOTICB or INTENTION TO REQUEST BNTRY or A DIVORCB DBCREB UNDER 63301 (C) or THB DIVORCB 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 decree 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. section 4904 relating to unsworn falsification to the authorities. DATE:_Mav 31. 1996 ;j/iA~V\.. )!, ~ BRIAN K. BAUM , . ~ t!1 I;. rl~: ....- '.. r ': '-. .,