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HomeMy WebLinkAbout95-06099 y ~ ~ a- CT S ~lIt:~~~.~:;~:...::.-..:-_~,.,:",?.~' ~.'.!__~::':l!'" '*'~~.:~~!.'~:;~';~:'~.:c~_:~-=-.. ...;._~ ... ' . 8 ~ $ ~ IN THE COURT OF COMMON PLEAS ~ ~l $ ~ OF CUMBERLAND COUNTY ij ~ $ ~ * 8 ~ STATE OF PENNA, . ~\" , ., @ 8 ~ PATRICK JOSEPII ANTCZAK, Iii ~ 8 , Nil, J!.09!L.." GJv,-!-l, 1995 ~ $ ~ \'1'1".":11:-; 'I 8 I I 8 :1 8 iii !~ Iii . 8 ~ ~ 8 ~ t.- ,*:"__::., " ... ~ ~ ~ " ... w ... ~ ~ ,., ~ ~ S 8 ~ ~ 8 ~ @ 8 8 ~ " !' . AGNES ODIEL ANTCZAK, DECREE IN D I V 0 R C Eit l() ~ ~~ ANDNOW',~",~"" 19~,6"".lt Is ordered and decreed that .,.."" ~AT..nq<, ,J:<?l;ll',P.l1 ,i\N,~qM<, , , , , , , , , , , , , , " plalntlff, and, " , ,!\.G.t-lEll, ,Qlnr.J. )Hlrc,~~J.<"", , , , , ,',' , , " , , " , , " , , ". defendant, are divorced from the bonds of matrimony, Iii " ~ ~ ~ Iii The court retains jurisdiction of the following claims which have been raised at record In this action for which a final order has not yet been entered; 8 Iii I!l .,.." ,N.QN,~""",. ~ <, .... ,...,....... ,....... ,. j IS ,~ ,;, ... ,.".............. .. ...."....."... ,. ,..,.",.. ... ~ S '" ~ /1 ' "">.:~'" "f -,...~ / :.: I'") , , f. ~ . " ~~~--._--. .-, . . ~ ~~~~-~~~~._**_.~.*.~..~*..~'~._~. ,.," ,*,'-"'~.'- ' . . .... fROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this i-ll1 " day of ~(U1~ h , 1996, by and betweenl AGNES ODIEL ANTCZAK, of 64 Scofield Lane, l,ake Meade, East Berlin, Adams County, Pennsylvania 17316, hereinafter referred to as "wife", -AND- PATRICK JOSEPH ANTCZAK, of P.O. Box 164 New cumberland, cumberland county, Pennsylvania 17070-0164, hereinafter referred to as "husband"; WITNESSETH I WHEREAS, Husband and Wife were lawfully married on September 10, 1960, in Milwaukee, Wisconsin; WHEREAS, there are no minor children of this marriage; -1- " . WHEREAS, diverse unhappy marital difficultiea have arisen between the parties causi,lg thorn to believe that their marriage is irrotrievably broken, as a result of which they have separated ,1nd now live '3eparate and apart frmu one another, the parties being estranged due to such marital dlfficultie~ with no reasonable expectation of reconciliatinn; and the partids hereto are desirous of settling fully and finally their respective financial and property rights and obligatinns as betwe;!n each other, including, without limitation by specification: the ,]ettling of all matters between them relating to the ownership of real and personal property; and the settling of all matters relating to the custody and support of their minor chi ldren, and In general the s~ttling of any and all claims and possible claims by one against the other or against their resp~ctive estate, particularly those responsibilities and rights growing out of the marriage relationship. NOI~, TIIEREFOIlE, in consideration of the mutual promises, covenants and undertakings hereinafter Sl~t forth and for o~her good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, lIusband and Wife, each intending to be legally bound hereby, covenant and agree as follows I -2- 1. SEPAHA'rlON. It shall be lawful for each party, at all times hereafter, to live 'Jeparate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall he free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a decree, judgment or order of separation or divorce be obtained by ei ther of the parties in this or any other state, country or jurisdiction, each of the partie3 hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions -3- thereof, may be incorpora ted by roferonce into any divorce, judgment or decree. This incorporation, however, shall not bo rogarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement ehall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES. lIusband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, \~hich he or she now has or at any time hereafter may have against such other, the estate of Buch other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of Buch other or by way of dower or curtesy, of claims in the nature -4- of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate lawsl or the right to take against the spouse's willI or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country I or any rights which ei ther party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DA'fE. The transfer of property, funds and/or documents provided for herein shall only take place -5- " on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL. Husband and Wife acknowledge and understand the terms and conditions of this Agreement and, wife is represented by William C. Vohs, Esquire, and husband is represented by Arthur K. Oils, Esquire. Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, unrler the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE. The parties conf irm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement liS required by Section 3505(b) of the Pennsylvania Divorce Code. -6- Notwi thstanding the foregoing, the rights of ei ther party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this agreement that was not disclosed to the other party or his or her counsel prior to the date of the within agreement is expressly reserved. In the event that ei ther party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that since the fall of 1995 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 such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. -7- .- Wife represents and warrants to Husband that since the fall of 1995, she has not, and in the future she will not contract or incur any debt or liabil ity 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 such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE. Husband and wife agree that the marital real estate located at 20 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania has been sold and the proceeds from said sale in the amount of $12,048.79 has been disbursed in full to wife. Husband hereby agrees that the sum of $35,951.21 shall be paid to wife within 10 days from the Decree in Divorce being entered. Said sum representing the payoff of a home equity loan upon the sale of the marital real estate1 said home equity loan was utilized for an RV van purchased by husband and in husband I s name. Thus, the total cash settlement which wi fe is receiVing is $48,000.00. -8- .. 9. PERSONAL PIlOPliH1'Y. Excopt as Ret forth hereto, Ilusband and Wife have agre0l1 that their personal property has been divided to the parties' l1Iutual satisfaction and neither party will make any claimB to tho property possessed by the other, except as set forth hereto: None. 10. PENSION AND RETIREMENT BENEFITS. Husband has a retirement account with the United States Marine Corps and through hia employment with the Mechanicsburg Navy Depot. The parties agree that an approved Domestic Relations Order shall be requested of the Court to effectuate their agreement that Ilife shall be entitled to one-hal f of the marital portion of husband's retirement account with the Mechanicsburg Navy Depot, and not part of the United States Marine Corps, utilizing October 1, 1995 as the date of final separation. The marital portion shall be determined by calculating till> retirement benefit as of October 1, 1995, and the date of employment at the Mechanicaburg Navy Depot commenci ng September 1, 1980. Wi fe's portion shall be payable only after husband elects to retire or diea. Should husband Belect an option which permits him to recei ve a lump Bum, the wife sha 11 roce i ve her share of the lump sum directly from thn MechalllcBburg Navy Depot. Wife's remaining benefits Bhall bo Ihlyabln for her life directly from the employer. 'rhe partieB agree to cooperate in obtaining an Order acceptable to the MechallicBburg Navy Depot and the United StateB Government, and in cOl1lplnLlng any neceBsary actions -9- required hy said nepot and United states Government to effectuate this agreement. Wife's attorney shall be responsible for preparation of said Order. 11. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. 12. MOTOR VEHICLES. Husband and wi fe hereby agree that they shall execute any and all documents necessary to transfer all of their right, title and interest in the automobile of the other within 10 days after finalization of divorce. 13. MAINTENANCE AND SUPPORT. Husband hereby agrees that he shall pay to wife the sum of $750.00 per month maintenance, support and alimony for two (2) years commmencing october of 1995. 1\11 payments made after the finalization of a divorce shall be considered alimony and shall he income to the wife and deductable to the husband for purposes of tax filing pursuant to the Internal Revenue Code. -10- 14. LIFE INSURANCE. Husband hereby agrees that the life insurance on his life ill paid currently, and hereby agrees to continue making payments on said life insurance policy. 15. ATTORNEYS' FEES. Husband hereby agrees to pay to wife's attorney the sum of $750.00 upon a Decree in Divorce being entered. Said sum of $750.00 represents husband's full liability to wife's attorney for his representation of her in connection with this divorce action. 16. MUTUAL RELEASE OF CLAIMS. Except as otherwise stated in this Agreement, Husband and Wife each do herehy mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the marital relation or otherwise. -11- It is the intention of the Husband and Wife to give to each other by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, relll, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 17. WAIVER OR MODIFICATION TO HE IN WRITING. A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality BS this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any SUbsequent 0efault of the same or similar nature. lB. MUTUA!. COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party msy reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 19. AGRF.:EMEN1' HINDING ON IIEI RS. 'rhis Agreement shall be binding and sha 11 inure to the benefit <If the parties -12- hereto and their reapective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 21. LAW OF PENNSYLVANIA APPLICABLE. shall be construed in accordance with the Commonwealth of Pennsylvania. This Agreement laws of the 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. DIVOIlCE. ~'he parties hereby acknowledge that their marriage is irretrievably broken. The parties further agree to execute Affidavits of Consent and Waiver of Counseling, -13- , f ir. In :- "" ('") , . I' .. , !{~ ~f, N ". ~,-; r u. j ~ I.. [, ",;.:j C r- :,) r" <- I .' !l:lt: l' ~- J f'" ~t:l f~l\ :,:; , ~.; L.:o... .-, 1.-'.. U'I :5 u c' U . . PATRICK JOSEPH AN~'CZI\K, Plaintiff VI. I IN THE COURT OF CO/1MON PLEAS \::mmEllJ,I\NIl COUNTY, PENNSYLVANIA . . . NO. 6099 Civil 'I'llI'm 1995 . . CIVIL ACTION - LAW . AGNES ODIEL ANTCN~~~ndant To th. Peothonotacy. Tean.ait, thl elcoed, to;lthle with thl to11owinQ information, to thl Couet foe Intey of a divorcu decreel 1. Ground foe divoecl' ierltrilvab11 breakdown . 3301 (cl Section (~~xk>> () 201 (d) U) of the Divorce undlle Code. (Chlek ," . appUGl~ll .lcUon) . 2. Date and ..nnlr of .lrvicI of the complaint I october 27, 1995 Served upon Attorney for Defendant by First Class . Mail 3. (C~l.tl lither paravraph (a) or (bl. (a) Date of 1.leution of thl affidavit of consent r.quirld ~y l.etioD an (c) of thl Divorce Codll by phinUff March 4, 1996 r ~y def"ndant Februarv 22. .' 1996 . . (b) (1) Dati of eueuti.on of the plaint1 ff' I affidavit requirld by Section 201 (d) of the Divorce Codol , (2) date of .Ieviel of the Plaintiff'. .ffidavit upon thl Defendant. 4. RIlatld elai.. pending. .,.' . None \ Arthur K. Pils, Esquire 232-9724 aintHf Defendant i 'of '>- L, , ~.r; - C.~ . - I, . IJ.jl--:l "J .)~". C,J; ~ ,..., IE;! ,-, , I.. " :-:J ~l" cr, r- "l) IJ~r. I ,.... "{1 fi-:"(, r , "i] I "- ~ i.... II, ..... :5 t.: l . , , 7. There has been no prior action for divorce or annulment in any jurisdiction. 8. Plaintiff has been advised of the availabil1 ty of marriage counseling, and has waived said right. 9. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, BY: ,,/1- Oils, Esquire Second street Executive House, Ste. L1 lIarrisburg, Pa. 17101 (717) 232-9724 I.D. No. 07056 -2- l' I, , " ~ ~ VERIPICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.B.A. !i4904, relating to unsworn falsification to author! ties. / / , Datedl october 23, 1995 b: In '- .' C") f.,,"; L. .. ~'.~ ,.~ ~~. (.... ", _.'~ " '- ~j ~l' 0_ I f- '(,'.I 11 I t:,t t.:1 r~ :f;] " j-. u. u') ;:" C W" U . . ..- If) ,- II- , -. '.';' i r:~ .~: ::~ ~'; fE~' , L~ .... (51: ;', ~[ r- 'lJ I ,', ., " (;1 ,.- ""71 " ,J.. 1-- 11_ ,n :::i .;.' '-"1 U , - " . , . - , " lO bc. i- "-:< .. ~r: ('J '~-'i ( . ( , 9\ ,:... :.:.. - jj r " ,- ,t} 'f',; I I"" c' 1":-; "- 'n (, : ,~. I' .: In ::' l.._; c' l) . - . . . ,.,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK JOSEPH ANTCZAK, Plaintiff CIVIL ACTION - LAW IN DIVORCE v. AGNES ODIEL ANTCZAK, Defendant NO. 95-6099 CIVIL TERM AND NOW, aUAI;I-PfIA OOMESTI~~TIONS ORDBR this lJL- day of ~ ' 1996, upon of the Property Settlement Agreement dated March 4, consideration 1996, upon receipt of a certified copy of this judgment, the administrator of the plan shall divide the account of Patrick Joseph Antczak into two (2) accounts I one for Agnes Odiel Antczak consisting of one-half of the account from the dates September 1, 1980 until October 1, 1995, after adjustments for earnings, appreciation, and contributions I the remaining balance in the account shall be retained for Patrick Joseph Antczak. No credit shall be made to Agnes Odiel Antczak's account with respect to contributions made by Patrick Joseph Antczak or by the employer or with respect to forfeitures of accounts of other participants in the plan after October 1, 1995, or before September 1, 1980. The plan administrator shall distribute to Agnes Odiel Antczak the lump-sum amount set aside for her in the account as set forth below. Receipt of a certified copy of this judgment by the plan administrator shall fulfill all requirements of the plan as to notice and request for withdrawal by Agnes Odiel Antczak. Distribution to Agnes Odiel Antczak shall be made either at the time of Patrick Joseph Antczak's retirement or at the time of his l.'I'D.Wl:U..""'.111'....,.,1'%AA.,ltll death. This provision is designed to meet the definition of a Qualified Domestic Relations Order under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security Act of 198G as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of 1986 as amended. The requisites for such an order are fulfilled in the following provisions of this instrument. The name, address, and social security number of the participant, Patrick Joseph Antczak, are as follows I Participant I Patrick Joseph Antczak Address I P. O. Box 164, New Cumberland, PA 17070-0164 Social Security No.1 394-34-8699 The name, address, and social security number of the alternate payee, Agnes Odiel Antczak, are as follows I Participant I Agnes Odiel Antczak Address I 64 Schofield Lane, East Berlin, PA 17316 Social Security No.1 398-38-5639 Agnes Odiel Antczak's interest shall be determined by taking one-half of the plan accumulated between September 1, 1980, and October 1, 1995. The benefit for Patrick Joseph Antczak shall be the balance of the pIan. Agnes Odiel Antczak's interest also shall include any interest, dividends, or other proceeds attributable to Agnes Odiel Antczak's share up to the date the plan is actually divided. In addition, Agnes Odiel Antczak shall ('....aItW~11I'oAlO1"JA1~..1I be treated as a surviving spouse for the full amount of her share until the plan actually is divided. The number of payments required is one (1) from the plan. The name of the plan for which this order applies iSI Mechanicsburg Navy Depot. The terms and provisions of this instrument are not to be construed tOI . Require a plan to provide any type or form of benefit or any option (with the exception of the payment to Agnes Odiel Antczak as provided above) not otherwise provided under the planl . Require a plan to provide increased benefits (determined on the basis of actuarial value); or . Require the payment of benefits to Agnes Odiel Antczak, which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. Agnes Odiel Antczak shall have the duty to notify the plan administrator(s) in writing of any change in her mailing address. It is the intention of the court that the distribution by the plan to Agnes Odiel Antczak shall be taxable to Agnes Odiel Antczak under the provisions of Section 72(m)(10) and 402(a)(9) of the Internal Revenue Code of 1986. Subject matter jurisdiction over the parties is expressly reserved for the purpose of amending this instrument in the event that a plan administrator or any court of competent jurisdiction determines t'~IY\AHtr:Z""''4II.1l b; ~ ?:: - .' r\- .. !O) ~' ,:J (...t. S-J' .- 1- ~ f L ... \~- U- "J~ ~, . ~ (';l " ~, .,. L~. - l,;;~ U' (.., I" \II l!.! .' t:J ..\ IJ.. .0 0 (J' 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK JOSEPH ANTCZAK , . Plaintiff . CIVIL ACTION - LAW . IN DIVORCE V. . . AGNES ODIEL ANTCZAK, . NO. 95-6099 CIVIL TERM Defendant . AND NOW, ~ OOMJl."O.. 0.... this day of , 1997, of the Property Settlement Agreement dated upon March 4, consideration 1996, upon receipt of a certified copy of this judgment, the administrator of the plan shall divide the account of Patrick Joseph Antczak into two (2) accounts. one for Agnes Odiel Antczak consisting of one-half of the account from the dates September 1, 1980 until October 1, 1995, after adjustments for earnings, appreciation, and contributions, the remaining balance in the account shall be retained for Patrick Joseph Antczak. No credit shall be made to Agnes Odiel Antczak's account with respect to contributions made by Patrick Joseph Antczak or by the employer or with respect to forfeitures of accounts of other participants in the plan after October 1, 1995, or before September 1, 1980. The plan administrator shall distribute to Agnes Odiel Antczak the lump-sum amount set aside for her in the account as set forth below. Receipt of a certified copy of this judgment by the plan administrator shall fulfill all requirements of the plan as to notice and request for withdrawal by Agnes Odiel Antczak. Distribution to Agnes Odiel Antczak shall be made either at the time of Patrick Joseph Antczak's retirement or at the time of his 1.............Vl.~ll"tNo'QI..1 death, This provision is designed to meet the definition of a Qualified Domestic Relations Order under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of 1986 as amended, The requisites for such an order are fulfilled in the following provisions of this instrument. The name, address, and social security number of the participant, Patrick Joseph Antczak, are as follows I Participant I Patrick Joseph Antczak Address I p, O. Box 164, New Cumberland, PA 17070-0164 Social Security NO,I 394-34-8699 The name, address, and social security number of the alternate payee, Agnes Odiel Antczak, are as follows I Participant I Agnes Odiel Antczak Address I 64 Schofield Lane, East Berlin, PA 17316 Sucial Security No.1 398-38-5639 Agnes Odiel Antczak's interest shall be determined by taking one-half of the plan accumulated between September 1, 1980, and October 1, 1995. The benefit for Patrick Joseph Antczak shall be the balance of the plan. Agnes Odiel Antczak's interest also shall include any interest, dividends, or other proceeds attributable to Agnes Odiel Antczak's share up to the date the plan is actually divided, In addition, Agnes Odiel Antczak shall t'~2.UQ.O be treated as a surviving spouse for the full amount of her share until the plan actually is divided. The number of payments required is one (1) from the plan, The name of the plan for which this order applies iSI Mechanicsburg Navy Depot. The terms and provisions of this instrument are not to be construed tal . Require a plan to provide any type or form of benefit or any option (with the exception of the payment to Agnes Odiel Antczak as provided above) not otherwise provided under the plan; . Require a plan to provide increased benefits (determined on the basis of actuarial value); or . Require the payment of benefits to Agnes Odiel Antczak, which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. Agnes Odiel Antczak shall have the duty to notify the plan administrator(s) in writing of any change in her mailing address. It is the intention of the court that the distribution by the plan to Agnes Odiel Antczak shall be taxable to Agnes Odiel Antczak under the provisions of Section 72(m)(10) and 402(a)(9) of the Internal Revenue Code of 1986. Subject matter jurisdiction over the parties is expressly reserved for the purpose of amending this instrument in the event that a plan administrator or any court of competent jurisdiction determines t',~~O .. . IN THE COURT OF COMMON PLEAS OF CmlBERLAND COUNTY, PENNSYLVANIA PATRICK JOSEPH ANTCZAK, Plaintiff V. I CIVIL ACTION - LAW IN DIVORCE AGNES ODIEL ANTCZAK, Defendant NO. 95-6099 CIVIL TERM AND NOW, QUA~rp,.. DOMES~~IONS~DER this~-Jay Of~ 1996, upon of the Property Settlement Agreement dated March 4, consideration 1996, upon receipt of a certified copy of this jUdgment, the administrator of the pIan shall divide the account of Patrick Joseph Antczak into two (2) accounts: one for Agnes Odiel Antczak consisting of one-half of the account as of October 1, 1995 after adjustments for earnings, appreciation, and contributions; the remaining balance in the account shall be retained for Patrick Joseph Antczak. No credit shall be made to Agnes Odiel Antcza~s account with respect to contributions made by Patrick Joseph Antczak or by the employer or with respect to forfeitures of accounts of other participants in the plan after October 1, 1995. The plan administrator shdll distribute to Agnes Odiel Antczak the lump-sum amount set aside for her in the account as outlined above. Receipt of a certified copy of this judgment by the pIan administrator shall fulfill all requirements of the plan as to notice and request for withdrawal by Agnes Odiel Antczak. Distribution to Agnes Odiel Antczak shall be made as soon as administratively possible and shall take no longer than would a l".,tlWllllllll'If\ltIlI't'Nl'l'?NI(JI:IlIIlAHl 1 . . request by a participant for withdrawal. This provision is designed to meet the definition of a Qualified Domestic Relations Order under Section 206(d) (3) (C) and (D) of the Employee Retirement Income Security Act of 1986 as amended and section 414(p) (2) and (3) of the Internal Revenue Code of 1986 as amended. The requisites for such an order are fulfilled in the following provisions of this instrument. The name, address, and social security number of the participant, Patrick Joseph Antczak, are as follows: Participant: Patrick Joseph Antczak Address: P. 0, Box 164, New Cumberland, PA 17070-0164 Social Security No.: 394-34-8699 The name, address, and social security number of the alternate payee, Agnes Odiel Antczak, are as follows: Participant: Agnes Odiel Antczak Address: 64 Schofield Lane, East Berlin, PA 17316 Social Security No.: 398-38-5639 Agnes Odiel Antczak's interest shall be determined by taking one-half of each pIan as of October 1, 1995. The benefit for Patrick Joseph Antczak shall be the balance of the pIan. Agnes Odiel Antczak's interest also shall include any interest, dividends, or other proceeds attributable to Agnes Odiel Antczak's share up to the date the plan is actually divided. In addition, Agnes Odiel Antczak shall be treated as a eurviving ,..,....."I'brYI.{Y\AHtt"lAhJ[MlnAHT 2 -- ... . . spouse for the full amount of her share until the plan actually is divided. The number of payments required is one (1) from the plan. The name of the plan for which this order applies is: Mechanicsburg Navy Depot. The terms and provisions of this instrument are not to be construed to: . Require a plan to provide any type or form of benefit or any option (with the exception of the payment to Agnes Odiel Antczak as provided above) not otherwise provided under the plan; . Require a plan to provide increased benefits (determined on the basis of actuarial value); or . Require the payment of benefits to Agnes Odiel Antczak, which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. Agnes Odiel Antczak shall have the duty to notify the plan administrator(s) in writing of any change in her mailing address. It is the intention of the court that the distribution by the plan to Agnes Odiel Antczak shall be taxable to Agnes Odiel Antczak under the provisions of Section 72(m) (10) and 402(a) (9) of the Internal Revenue Code of 1986. subject matter jurisdiction over the parties is expressly reserved for the purpose of amending this instrument in the event that a plan administrator or any court of competent jurisdiction determines C......~lltTAH1'~lOUllIAH1 J " I. ~(Q)lP~ ';ufF . . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of , 1996, by and betweenl AGNES ODIEL ANTCZAK, of 64 Scofield Lane, Lake Meade, East Berlin, Adams County, Pennsylvania 17316, hereinafter referred to as "wife"; -AND- PATRICK JOSEPH ANTCZAK, of P.O, Box 164 New Cumber land, Cumberland County, Pennsylvania 17070-0164, hereinafter referred to as "husband"; \HTNESSETH I NHEREAS, Husband and IHfe \~ere lawfully married on September 10, 1960, in Milwaukee, Nisconsin, WHEREAS, there are no minor children of this marriage/ -1- WHEREAS, diverse unhappy marital difficulties have arisen between the parties causi.lg them to be liave that their marriage is irretrievably broken, as a result of which they have separated .\nd now live ',epa rate and apa rt fr'Jm one anoth13r, the parties being estranged due to such marital dlfficultie~ with no reasonable expectation of reconciliati~n; and the partiqs hereto are desirous of settling fully and finally their respective financial and prop13rty rights and obligations as betwe~n each other, including, without limltation by specification: the "ettling of all matters between them relating to the ownership of real and personal property; and the settling of all matters relating to the custody and support of their minor children, and In general the s~ttling of any and all claims and possible claims by one against the other or against their resp~ctive estate, particularly those responsibilities and rights growing out of the marriage relationship. NO\~, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter s~t forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: -2- thereof, may be incorporated by reference into any divorce, judgment or decree, This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 2, EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon \~hich it is executed by the parties if they have each executed the Agreement on the same date, OtherWise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3, MUTUAL RELEASES, Husband and IH fe do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes wha tsoever, from any and a 11 rights, title and interest, or claims In or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liablli tieD of such other or by way of dower or curtesy, of claims in the nature -4- of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, \~hether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now DIms or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, 4, DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place -5 - on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein, 5, MUTUAL CONSENT/ADVICE OF' COUNSEL. Husband and IHfe ackno\~ledge and understand the terms and conditions of this Agreement and, wife is represented by William C, Vohs, Esquire, and husband is represonted by Arthur K, Oils, Esquire, Husband and \~ife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and \~ife acknowledge and accept that this Agreement is, under the Circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE. The parties conf irm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania nivorce Code, -6- Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this agreement that was not disclosed to the other party or his or her counsel prior to the date of the I~ithin agreement is expressly reserved, In the event that ei ther party, a t any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset, The non disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset, 7, DEBTS AND to \Hfe OBLIGATIONS, that since the Husband represents fall of 1995 he has and warrants not, and in the future he Idll 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 such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein, -7- Wife represents and \~arrants to Husband that since the fall of 1995, she has not, and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein, 8, REAL ESTATE, Husband and \~i fe agree that the marital real estate located at 20 Pine Tree Drive, Mechanicsburg, Cumberland County, Pennsylvania has been sold and the proceeds from said sale in the amount of $12,048.79 has been disbursed in full to wife, Husband hereby agrees that the sum of $35,951,21 shall be paid to wife within 10 days from the Decree in Divorce being entered. Said sum representing the payoff of a home equity loan upon the sale of the marital real estate; said home equity loan was utilized for an RV van purchased by husband and in husband's name. ThuB, the total cash settlement which wife is receiVing is $48,000,00, -8- 9. PERSONAL PROPER'ry. Except as set forth hereto, Husband and Wife have agreed that their personal property has been divided to the parties 1 mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: None, 10. PENSION AND RETIREMENT BENEFITS, Husband has a retirement account with the United States. Marine Corps and through his employment with the Mechanicsburg Navy Depot. The parties agree that an approved Domestic Relations Order shall be requested of the Court to effectuate their agreement that wife shall be entitled to one-half of the marital portion of husband's retirement account with the Mechanicsburg Navy Depot, and not part of the United States Marine Corps, utilizing October 1, 1995 as the date of final separa tion, The mari tal portion shall be determined by calculating the retirement benefit as of October 1, 1995, and the date of employment at the Mechanicsburg Navy Depot commencing September 1, 1 9BO, IH fe's portion shall be payable only after husband elects to retire or dies, Should husband select an option which permits him to receive a lump sum, the \~ife shall receive her share of the lump sum directly from the MechanicGburg Navy Depot. Wife's remaining benefits shall be payable for her life directly from the employer. The parties agree to cooperate in obtaining an Order acceptable to the ~Iechanicsburg Navy Depot and the United States Government, and in completing any necessary actions -9- required hy said Depot and United states Government to effectuate this agreement. WHe's aUol"l1oy shall be responsible for preparation of said Order. 11. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby \4aive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses, 12. ~IOTOR VEHICLES, Husband and '""He hereby agree that they shall execute any and all documents necessary to transfer all of their right, title and interest in the automobile of the other within 10 days after finalization of divorce, 13, MAINTENANCE AND SUPPORT. Husband hereby agrees that he shall pay to wife the sum of $750.00 per month maintenance, support and alimony for two (2) years commmencing October of 1995, All payments made after the finalization of a divorce shall be considered alimony and shall be income to the wife and deductable to the husband for purposos of tax filing pursuant to the Intl'!rno11 Ih~vl'!nun ':011". -111- , , " It is the intention of the Husband and Wife to give to each other by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 17, WAIVER OR MODIFICATION TO BE IN ImITING, A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 19, AGREEMENT BINDING ON HEIRS, This Agreement shall be binding and shall inure to the benefit of the parties -12- . , hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties, 20, BREACH, If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in la\~ or in equi ty to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 21, LA\1 OF PENNSYLVANIA APPLICABLE, shall be construed in accordance with the Commonwealth of Pennsylvania, This Agreement laws of the 22, HEADINGS NOT PART OF AGREEMENT, Any headings preceding the text of the several paragraphs/provisions and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute 01 part of this Agreement nor shall they affect itG meaning, construction or effect, 23. DIVORCE, The parties hereby acknowledge that their marriage is irretrievably broken. The parties further agree to execute Affidavits of Consent and Waiver of Counseling, -13- Commonwealth of Pennsylvania County of Dauphin , 1996, undersigned officer, personally known to me (~r satisfactorily . subscribed to the within executed the same for On this, the day of before me, a Notary Public, the appeared Agnes odiel Antczak, proven) to be the person whose name is instrument, and acknowledged that she the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and seal. c......... ._-_._-- I':' :.r -,to l{r:,' ~ :: .. ' ',..,' Pu~!i~ C"', 'j :J: ~. ': ~ U~:\",oJ t:':-l:r.ty q ,. ,'-,-' .r' i'/~'''1. FF.b 7 'OCO My Com In i 5 S i on Ex p i re s ::,~~':,::r: ~;"~~":'~'l.t~:S'~~,:!'Gn 0; r~Qiar,\!S ~ " . Commonwealth of Pennsylvania County of Dauphin On this, the day of 1996, before me, a Notary public, the undersigned officer, personallY appeared Patrick Joseph Antczak, known to me (or satisfactorily proven) to be the person whose name is subscribed to the wi thin instrument, and acknowledged that he executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and . seal, My Commission Expires