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HomeMy WebLinkAbout95-02108 ~ 8 w <:' ~ s ,', ~ w ',' ~ '.' ~ <:,. ~ ',' 5i. .' w ',' " .:.' ~ ~ ~ ',' ~l ',' ~ ,', ~ N ,.' ~ ~ ~ ~ ~ W <:' .:.. :, ~ ,;, ... .' .. . ~'~.~~.*~-**.~~.~**-*~~'~.~)~.*.*~***~_.~ ~~~---'-----"--,..'" ,--, --',..--,..'--,,--, -,,,,,.. ,--" --" '- -" - -.-,.-,---..-..,---- , . ~ ~ ,', ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~' STATE OF ~~~~ PENNA. \. ~,;,N,.I ,,(' .:. ~ KATHY A. DAVIS. ;\; \l. 95-2108 CIVIL TERH II) Plaintiff \'tT.';ILi CIVIL ACTION - LAW !IRUCE E. DAVIS. IN DIVORCE Defendant w. DECREE IN ~ D I V 0 R C E it jf) ~ ')0 !lAJi AND NOW.~"~"",,. 199,."". II is ordered and decreed that, .. . , .. ..~""l; .~, ,l1~V~Ii, , .. , , , , , , , , .. .. , .. , , , , , , '. plaintiff, and ' . , , , , , , , , , , , , , . ' . 8~U~E. ",', DAVI~, . , , , . , . , , , .. , .. , ... , , , , ' , , " defendant, ore divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which hove been roised of record in this action for which 0 final order has not yet been entered; , ,~~NE . . . . , . , . . . . , . . , . . . . . . . . . .... "", . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . M .' ~ ~ ~ ~ ~ ~- - -. .. - "'-.. -.., - , :.>>:. .>>:. .:.:. .:t:. .:.:. .>>:. .:.:. .>>:. .:.:. .:.:. .~:- .:.;. , i~ I... '.!. S 1/ ~ \;.;~.~ 'G/lt .. f' /J~,t. ~4\t.~:""'~7 r' J:;;t. JJ.4 ~ . Tv P,.otllOIlOI;H\, ~ ~ ~ ~"~~..~.~..~..*..*..~..:~..~..~..~..~,.~.~:..~.~. ~ '.' ~ ~ .' ~ ~ ~ ~ '.' w ,~ ~ w ',' ~ '.' ,', ~ w '.' ~ ',' ~ I,' ~ ~ <:' .. ~ ~ '. ~ '. ~ * ~ ',' ~ ~ ~ Each party to the Al:lrecment lIcknow1edl:lcs lInd dcclllrcs that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informcd of the tilcts relatinl:lto the subject matter of this Al:lreement and of the ril:lhts and IIl1bilities of the parties; (3) enters into this Al:lreement voluntarily aner receiving the advice of counsel; (4) hasl:liven careful nnd mnture thoul:lhtto the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subjectmntter and lel:lal eOcc\. This Agreement shall become eOcctive immediately as of the date of execution. 5, It is the purpose and intent of this Al:lreementto settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as maritnl property under the Pennsylvanin Divorce Code, Title 23, Section 40 1 (e), and thnt is referred to in this Agreelllent as "Marital Property", as between themselves, their heirs and assigns, The parties hnve nllempted to divide their Marital Property in a manner that conforms to n just and fnir stnnrlard, with due regard to the ril:lhlS of each Party, The division of existing Maritall'ropeny is not intended by the pnrties to constitute in any way a sale or exchange of nssets, nnd the division is belnl:l ellcctcd without the introduction of outside funds or other property not constitutinl:lll pan ofthe nlllritnl estate, a It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, 6, Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable, Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other, Each Party acknowledges that, to the eKtent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage, 7, REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in the marital residence and two (2) tracts of land located at 20 I Pipeline Road, Newville, Cumberland County, Pennsylvania 17241, to HUSBAND. HUSBAND agrees to pay WIFE in consideration for the covenants contained herein, the sum of Nine Thousand Five Hundred Twenty-live and no/IOO ($9,525,00) Dollars upon the signing of the Agreement and the sum of Sixty-five Thousand and no/IOO ($65,000,00) Dollars from the Husband's 401-K plan at Masland Industries, said amount to be paid on or before January 30, 1996, 4 .' of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried, Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other, 10, AUTOMOBILES: a,) WIFE agrees to waive any and all interest which she may have in the 1985 GMC 4x4 automobile and the 1991 Geo Metro automobile to HUSBAND. b,) HUSBAND agrees to waive any and all interest which he may have in the 1989 Chevrolet Astro van to WIFE, They each waive any claim which they have in any automobile owned by the other party, 11. MARITAL DEBTS: Each party will be responsible for their own debt incurred after the date of separation, 12, INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own, WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND o .. waives all right, title, and claim to any of WIFE'S employee benefits, 13, BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE, 14, DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage, It is agreed that the parties will execute and file the consents necessary to obtain the divorce, Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is Slleking the divorce, IS, BREACH: Ifeither party breaches any provisions 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 contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16, ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this 7 . .~":'''' .J tl " \~ 'Y 1 ~~ '" ~, .J: -J ~ \.l (~)', '$ qo ,..... :t- I' '- '~ .,.. <;..;,: ~ '-S} en ::r - 'J- :..""1':".: V ") ':) '""< C._ () 1./1 ' . I", -.;:, ~~, u "'" ~'0 lrI Cl IV) /./1 .~ - ......... ~ : ) M r\ ',',1 r'o. <" '*' _ r IX W +.. ~ ~ . - ~::s~~ :I: .... ~ iii , '< !f = ~1ui~ Q~~~ 0: 0 :: ~ ~ d J fil J , " . COUNT I - DIVORCE - FAULT 5 3301(A) 7. paragraph 1 - 6 are incorporated herein, 8. Defendant has committed cruel and barbarous treatment and endangered the life and health of Plaintiff the injured and innocent spouse. 9. Defendant has offered such indignities to Plaintiff as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests that a decree in divorce be issued pursuant to 23 Pa.C,S.A, S 3301(a) of the Divorce Code. COUNT II - DIVORCE - MUTUAL CONSENT 10. Paragraph 1 - 9 are incorporated herein, 11. The marriage is irretreivably broken. WHEREFORE, Plaintiff requests that a decree in divorce be issued pursuant to 23 Pa.C.S.A, S 3301(C) of the Divorce Code, COUNT III - EQUITABLE DISTRIBUTION 12. Paragraphs 1 - 11 are incorporated herein by reference as though set forth in full, 13. Plaintiff and Defendant are the owners of certain property both real and personal which constitutes "marital property" located at 201 Pipeline Road, Newville, Pennsylvania 17241. 14. Plaintiff requests the Court to equitably divide all marital property and to enjoin the parties from removing, encumbering, and disposing of the same until final hearing and settlement of all claims, alternate payee of Participant's interest in and account unJer the Plan pursuant to Sections 401(a)(13) and 4l4(p) of the Code, to the extent provided in this Qualified Domestic Relations Order, 3, It is hereby ordered that the Alternate Payee shall have and receive, and the plan administrator and/or trustee of the Plan are directed to pay to the Alternate Payee from the Participant's account under the Plan promptly after the execution and entry of this Qualified Domestic Relations Order, the sum of Sixty-Five Thousand and no/100 Dollars ($65,000,00) (hereinafter the "Single Sum payment"). If directed by the Alternate Payee, the plan administrator and/or trustee of the Plan are hereby authorized and directed to pay the Single Sum Payment to the Alternate Payee's Individual Retirement Account or account under an employer's qualified plan, as applicable. 4. In the event of the Participant's death prior to the Alternate Payee's receipt of the Single Sum Payment pursuant to Paragraph 3 above, the Alternate Payee shall be treated, in accordance with Section 414(p)(5) of the Code, as the surviving spouse of the Participant for purposes of and under the plan with regard only to the unpaid amount, if any, of the single Sum Payment, 5, The name and last known mailing address of the Participant are as follows: Bruce E. Davis, 201 pipeline Road, Newville, Pennsylvania 17241, The participant's Social Security Number is 208-42-3559, 6, The name and mailing address of the Alternate Payee are as follows: Kathy A, Davis, 87 West Main Street, Apartment 1, Newville, Pennsylvania 17241, The Alternate Payee's Social Security Number is 182-46-1955, 7. The Plan to which this Qualified Domestic Relations Order relates is the Masland Associates Security Plan. 8, Nothing in this Order shall be construed to require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or to provide benefits to the Alternate Payee in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to the Participant if the Order did not apply, Except for the interest awarded herein to the Alternate Payee as an alternate payee, this Qualified Domestic Relations Order shall have no effect on the Participant's remaining interest in and account under the plan or on his future i~terests in and account under the Plan. The Alternate Payee shall not be entitled to participant's interests in the plan that are already required to be paid to another alternate payee under another Qualified Domestic Relations Order1 however, the participant has represented that no such previous domestic relations order exists, 9, The Alternate Payee shall notify in writing the plan administrator and/or trustee of the Plan of any changes in her mailing address, The Alternute Puyee shull be solely responsible for payment of any penalties or taxes created by sald dlstrlbution from the Plan, la, It is the intention of the Alternate Payee and the Participant that this Order shall qualify as a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Code and section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended (hereinafter "ERISA"), and that whenever the provisions hereof are inconsistent with the definition of a Qualified Domestic Relations Order as may be contained from time to time in the Code or ERISA, this Order shall be amended, from time to time as may be necessary, to comply with the requirements for Qualified Domestic Relations Orders under the Code and ERISA or regulations promulgated thereunder and to cause this Order to be accepted as a Qualified Domestic Relations Order by the plan administrator of the plan, The Court retains jurisdiction to amend this order to so comply, 11. It is hereby ordered that a true copy of this Qualified Domestic Relations Order be served upon the plan administrator and the trustee of the Plan and that this Qualified Domestic Relations Order shall be binding on the plan administrator and the trustee according to the laws of the State of Pennsylvania, the Code, and ERISA. The Participant and the Alternate Payee are ordered to comply with the terms and spirit of this Qualified Domestic Relations Order, 12. The Court further retains jurisdiction to supervise implementation of this Qualified Domestic Relations Order and those provisions of the parties' Decree of Divorce rp.garding