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Divorce - Spicer, Joyce A_6/28/1999�� .. i � STATE OF INDIANA ) ) SS: COUNTY OF GIBSON ) IN RE: THE MARRIAGE OF JAN D. SPICER Petitioner and JOYCE A. SPICER Respondent ., ., � .,.. G q� :- y.-. T1�. i� ; ... � s. �,;:��,,:�.,�,^, Clerk Gibson Circuit Court IN THE GIBSON CIRCUIT COURT Cause No. 26C01-9807-DR-0099 SUMMARY DISSOLIITION DECREE The matter comes now before the Court for a Summary Final Hearing, and the Court considers evidence including the verified Petition for Dissolution of Marriage filed more'than sixty (60) �•� days prior to this date, and including the Proper�y Settlement Agreement filed herein a copy of which is attached hereto as Exhibit A and incorporated herein. Both parties have filed a Waiver of Final Hearing and statement that there are no contested issues, and the Court being duly advised now finds that Court has jurisdiction over the subject matter of this action and over the persons involved in this litigation; that the Petitioner was on the date of the filing of the Petition for Dissolution of Marriage, and for more than six (6) months immediately prior thereto and including said date, a bona fid= resident oi Gibson County, in the State of Zndiana; that the marriage of the parties is irretrievably broken and should be dissolved; that there are no minor children born of the marriage and the Wife is not now pregnant; the Court further �inds tha� said Property Settlement i � Page two � 0 Agreement, a copy of which is attached hereto as Exhibit A, is not unconscionable and the same is hereby approved by the Court and made a part of this Decree the same as if set forth fully herein and each of the parties are ordered to carry out the terms and provisions of the Property Settlement Agreement; the Wiie is restored her maiden name of "Hurst"; the marriage of the parties is hereby dissolved and the parties are restored to the status of unmarried persons. A11 of this ordered this �/ n ' - �. E � C/ -�;I /:i�,, , JOYQE . SPICER WIJE i torn'eJ,y No. 5311-26 torney for Wife day of June, 1999. i Walter H. Palmer, Judge Gibson Circuit Court ��, � �� 1 RAY M. DRULEY Atto ey No. 4759-26 Atto ey for Husband 4 • STATE OF INDIANA ) � SS: COUNTY OF GIBSON ) IN RE: THE MARRIAGE OF JAN D. SPICER Petitioner and JOYCE A. SPICER Respondent ) ) ) ) ) ) ) ) ) ) ) •�-��� JUN 2 8 1999 9,�:.s.�n Clerk Gibson Circuit Court IN THE GIBSON CIRCUIT COURT Cause No. 26C01-9807-DR-0099 WAIVER OF FINAL HEARING Pursuant to I.C. 31-1-11.5-8(d), the parties waive final hearing and request the Court to enter a Dissolution Decree. The Property Settlement Agreement of the part�es that settles !� any contested issues is attached to this pleading and is incorporated by reference herein. We affirm under penalties for perjury that the foregoing representations are true. Dated: �v�.a zy- /��°j L-�-��7-n�. /,� �a%lc%��� JO�'CE%A. SPICER / W2�FE J. ��OBERT� KINKLE ' Attorney L7�i. 5211; 26 At.torney for Wife' . i � STATE OF INDZANA ) � SS: COWi TY OF GZBSON ) IN RE: THE MARRIAGE OF JAN D. SPICER Petitioner and JOYCE A. SPZCER Respondent �' - ;>��. . .. . �.s.�,� Clerk Gibson Circwt Court IN THE GZBSON CIRCUIT COURT Cause No. 26C01-9807-DR-0099 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into by and between JOYCE A. SPICER, hereinafter referred to as "Wife", and JAN D. SPICER, hereinafter referred to as "Husband", WZTNESSETH as follows: WHEREAS, the parties hereto are Husband and �r7ife; and WHEREAS, certain disputes, controversies and strifes have arisen between Husband and wife as a result of which they have been living separate and apart. WHEREAS, a Petition for Dissolution of Marriage was filed in the Gibson Circuit Court on July 24, 1998. WHEREAS, said parties hereto desire to settle and adjust between themselves the property rights and certain other rights incidental to the subject matter of the dissolution proceeding in the event a Dissolution Decree is entered in said proceedings. NOW THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained to be kent and performed by each of the parties hereto it is agreed as follows: 1. That the Wife shall have as her sole and separate � i • ' • Page two • f� property the residence located at RR 4, Box 242, and the Wife shall pay the mortgage loan on said residence and hold the Husband harmless thereon. 2. That the Wife shall have as her sole and separate u property the furniture and household goods where she is currently living. 3. That the Wife shall have as her sole and separate property her 401-K plan in the approximate amount of $24,646.00 after deducting a loan she has. The wife shall pay the loan on the 401-K plan and hold the Husband harmless thereon. 4. That the Wife sha11 have as her sole and separate ��� property her oension with Hansen Corporation. � �. 5. That the Husband shall have as his sole and separate property his 401K Savings P1an which has a value of less than $1,000.00 after deducting the loan on it. The Husband shall pay the loan on his 401K Savings Plan and shall hold the Wife harmless thereon. 6. That the Wife shall receive the following portion of the Husband's pension with U.S. Postal Service: the Wife's share shall be computed by multiplying the portion of the Husband's monthly bene�it by a fraction, the numerator of which is the number of months the Husband worked for U.S. Postal Service during the period oi their marriage and the denominator of which shall be the Husband's total number of months employed by U.S. Postal i � .. Page three � � Service and then dividing the product by three. The Wife's interest shall include a pro rata share of any cost of living adjustments. The wife shall also be entitled to spousal survival rights in and to the Husband U.S. Postal Service pension in the same amount to which she would have been entitled if the divorce had not occurred. If Mr. Spicer leaves emoloyment with the United States Postal Service_prior to regular retirement date, he shall not be entitled to a refund of emoloyee contributions. A court order acceptable for processing shall be entered ordering the oayment of the pension to the Wife as set out above. The Husband shall have as his sole and exclusive property the portion ��� of his pension not apportioned to the Wife. ' 7. That the wife shall have as her sole and separate property the 1986 Cutlass automobile. 8. That the Husband sha11 have as his sole and separate property the 5-10 pickup truck and the jeep, and the husband shall pay the indebtedness thereon and hold the Wife harmless. 9. That the Wife shall have as her sole and separate property the grave next to where her son is buried. 10. That the Husband shall have as his sole and separate oroperty all insurance policies on which he is insured. 11. That the 1998 federal income tax refund in the amount o� $2,�82.00 sha11 be deposited in the trust account o� Attorney for the Husband and disbursed as follows: $127 to the Indiana Department of Revenue for 1998 state income taxes; $600.00 to J. L� Page four � �. Robert Kinkle for the Wife's attorney fees: $600 to Ray M. Druley for the Husband's attorney fees; the remainder of $1,155.00 to the Wife. 12. That except as otherwise provided in this agreement, each party shall have as their sole and separate property to the, exclusion of the other the items now in their respective possessions. 13. That the parties each agree to execute such additional documents as may be necessary to carry out the terms and the intent of this Agreement; the parties shall execute any and all instruments of conveyance, bi11s of sale, or other documents ;�� necessary to confirm title to the respective items of property with the intent of the foregoing provisions. We affirm under the penalties for perjury that the foregoing representations are.true. ��=1-�./:' �' ( ( • ��(�LC'G� ,� �(�( _ JOY(�E A SPZCER %/ WIPE � Date: � % ,�� CtlSrnc�` iQo. 5211-26 2S9 North�Hart Street O. Box 13 rinceton, ZN 47670 Telephone: (812) 386-0050 Attorney for Wife i . �-- E Date: p ' �� -�t'"�— Attor y No. 4759-2 505 L rth Church St eet P.O. Box 146 Fort Branch, IN 47648 Telephone: (812) 753-4975 Attorney for Husband