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HomeMy WebLinkAbout07-0456PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- ~5(v CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 it ~ i PAULA M. LAVELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- ~/.S"G CIVIL TERM KENNETH J. LAVELY, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Paula M. Lavely, an adult individual currently residing at 18 Run Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Kenneth J. Lavely, an adult individual currently residing at 80 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and the Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 1, 1996 in Maryland. 5. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6. Plaintiff avers that the marriage between the parties is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. ~~ Date: ~~^~~.~~ Z2 • Z Respectfully submitted, O'BRIEN, BARK & SCHERER Michael A. Scherer, Esquire I . D. # 69174 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 204 - CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn fal Date: ~(o V. 3 a , 2006 -+_~ ? N V ~~~ ~7 ~~ v i ~ \ ?? ~ ~ ~.~` c~ ~ ~ ~..: -< PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- ~5fo CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE ..~- AND NOW, this ~ 5 day of G!~ , 2007, I, Kenneth J. Lavely, Defendant above, hereby accept service of the Divorce Complaint filed in the above- captioned case. Ke eth J. Lavely C'S ~~~-~' C7 C_ ~ -r-t ~;a S-` 1 `T'f ~ i 4. ~T ~ ' ~ _ - ~ "~ ~-• ....~ PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-456 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~nc~ day of March, 2007, between Paula M. Lavely (hereinafter "Wife") and Kenneth J. Lavely (hereinafter "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on August 1, 1996. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the equitable distribution of the marital estate between the parties and the; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Page 1 of 8 1. DIVORCE A Divorce action has been filed at the above captioned number in the Court of Common Pleas of Cumberland County. Each party hereby agrees that he/she shall sign an affidavit of consent and a waiver of notice of the seeking of a divorce decree so that a divorce may be obtained without unreasonable delay after the execution of this agreement. This agreement shall be incorporated by reference in the divorce decree, but this agreement shall not merge with the decree. If either party must resort to Court action to enforce the terms of this agreement, the prevailing party in any such action shall be entitled to recover from the other party the reasonable attorney fees incident to the action of enforcement. 2. ADVICE OF COUNSEL Each party acknowledges that she or he has either received independent legal advice from counsel of her or his selection, or had the opportunity to do so, and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Wife has been counseled by Michael A Scherer, Esquire; Husband has not retained legal counsel in this matter but Husband understands he has the right to consult with an attorney should he so desire. Page 2 of 8 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PROPERTY -REAL AND PERSONAL The parties are familiar with the existing marital property and marital debt. The parties are the owners of real estate with improvements thereon located at 80 Bonnybrook Road, Carlisle, Pennsylvania. The parties shall remain joint owners of this property following their divorce and they shall hold title as `tenants in common.' Husband shall be solely liable to repay the home equity loan to Beneficial in connection with his occupancy of the property. The personal property issues will be resolved by each party retaining ownership of the marital property in his or her possession or his or her registration. There is no marital debt. Each party shall be individually liable for any debts he or she contracted in their respective names. Page 3 of 8 5. JOHN W. GLEIM JR. INC. 401K Husband has accrued rights to a 401 k through his employment with John W. Gleim, Jr. Inc. The balance of Husband's 401k is approximately $14,000.00 as of January 1, 2007. Wife shall receive, through the use of a Qualified Domestic Relations Order, the sum of Eight Thousand Dollars and 00/100 ($8,000.00) from Husband's 401 k upon the plan administrator's receipt of a Qualified Domestic Relations Order. 6. SPOUSAL SUPPORT AND ALIMONY Husband does hereby waive, release and give up any right he may have against Wife for alimony, support or maintenance, and Wife does hereby waive, release and give up any right she may have against Husband for alimony, support or maintenance. 7. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property, including financial accounts and retirement accounts, of the other or against the estate of such other, of whatever nature and wherever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey 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 laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at Page 4 of 8 any time against the other hereafter for 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 thereof. It is the intention of Wife and Husband 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 thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 8. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 15 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 9. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. Page 5 of 8 10. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 11. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of 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. 12. SEPARABILITY If any term, condition, 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. Page 6 of 8 .~i 13. ENFORCEMENT OF AGREEMENT This agreement does not limit or restrict any remedies that either party may have against the other for non-performance of this agreement. If a party to this agreement must seek Court action in response to the failure of the other party to pertorm under this agreement, the prevailing party in any such Court action may recover from the losing party his or her reasonable counsel fees related to the enforcement action. 14. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 15. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 16. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have signed this Agreement. This Agreement is executed in duplicate, and in counterparts, ar~d Wife and Husband, as parties hereto. acknnw~Pr~r,A +r,o ~e,.e,~. ,.r a duly executed copy hereof. Kennet J. Lavely Sr Page 7 of 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS the nca day of l"1a rc~ , 2007, before me, the undersigned officer personally appeared Paula M. Lavely, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she signed same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~~~ Notary Public COMMONWEAL-tH OF PENNSYLVANIA Notarial Seal Amanda L Fisher, Notary Public Carlisle Boro, Cumberland County My Commission F_xpires Apr. 17, 2010 Member, Pennsylvania Assocaiior: or Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS the ~'"-~ day of ~ ~+-c+~ , 2007, before me, the undersigned officer personally appeared Kenneth J. Lavely, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he signed same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Amanda L. Fist7er. hJotary Public Carlisle Boro, Cumberlan~~ County MY Commission Expiras Apr. i ;%, 2010 Member, Pennsylva,na Asscciat or, of Notaries Page 8 of 8 ~~ --., ~- -r} _ Pp ;- . ' U1 `~ -; - r - l _ .. ~ r._ - ~ ii \ M~:1 _ f ~F • ~ rC. PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-456 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 2. Defendant signed an acceptance of service form on January 25, 2007. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made bject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsif ati~n to authorities. ~,, Date: Q t`~ n.., ° ._~ ~` -- _~J ~, c--~ -~ r` ~ `rte :~ "w PAULA M. LAVELY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-456 CIVIL TERM KENNETH J. LAVELY, :CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 authorities. Date:~~f~ --~'7 Ken th . Lav ~ ~ = n ° .~,, ~ ~ f ~' -. ~ "~ ~ I ..~ - .-h "_ f -- ,~[ ~ t_~~ ~,! ~ ' PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-456 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on January 25, 2007. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on May 10, 2007; and Defendant on May 10, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARK & SCHERER VLF Mich ~ cher r, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 C'~ ~ Ci =~`- .~ ~ , ~ _ -~; r~ 3 ~; _ 1 C.J F L. { t_.' i ^ ~~ j ~~-~~~~ "~ r, ~ I N THE COURT OF GOM MON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~ ; >. _~., -3 ,. - . - PAULA M. LAVELY, Plaintiff N O. 2007-456 Civil VERSUS KENNETH J. LAVELY, SR., Defendant DECREE IN DIVORCE AND NOW, ~~ w`~, IT IS ORDERED AND DECREED THAT PAULA M. LAVELY PLAINTIFF, AND KENNETH J . ':LAVELY, SR . ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECD DIN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties Martial Settlement Agreement dated Ny~rch 2, 2007 BY THI~COURT: '"Order of Court. ATTEST: " ~ V/ / J K/ y(\ PROTHONOTARY _r~~` ~1'~'~O ~ ~ ~°c~' r . ~~ a ~~~~ ~~ ~~ 2~ A1AY 30 7AD7 M`~ PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-456 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER RELATING TO DEFENDANT'S RETIREMENT PLAN WITH JOHN W. GLEIM JR. INC 1. This Order is intended to meet the requirements of a "Qualified Domestic Relations Order" as defined in Section 414(p) of the internal Revenue Code of 1986 ("Code") and Section 206(d) of ERISA. 2. This Qualified Domestic Relations Order is made pursuant to the Marital Settlement Agreement dated March 2, 2007, relating to Paragraph Five (5) of said Marital Settlement Agreement involving the John W. Gleim, Jr., Inc. 401 K Plan of the participant, Kenneth J. Lavely. 3. The Court does hereby incorporate the Marital Settlement Agreement, a copy of which is attached hereto as Exhibit "A", by reference as a part of this Order effective this date. 4. The John W. Gleim, Jr., Inc. 401 K Plan ("Plan") is a retirement plan maintained by John W. Gleim, Jr., Inc., 625 Hamilton Street, Carlisle, Pennsylvania 17013. Page 1 of 5 5. The Participant in the Account is Kenneth J. Lavely ("Participant"), whose last known address is 80 Bonnybrook Road, Carlisle, Pennsylvania, 17013-9284, and whose Social Security number is 180-48-2117. The Participant's date of birth is December 18, 1957. 6. The Alternate Payee is Paula M. Lavely ("Alternate Payee"), whose last known address is 18 Run Road, Carlisle, Pennsylvania, 17015-7731, and whose Social Security number is 196-48-4439. The Alternate Payee's date of birth is October 20, 1957. The Alternate Payee is the former spouse of the Participant. 7. The Account Administrator is John W. Gleim, Jr., Inc., its successors or assigns. 8. The Participant and the Alternate Payee were married on August 1, 1996, in Maryland. 9. The Court hereby assigns to the Alternate Payee Eight Thousand Dollars and 00/100 Cents ($8,000.00) from the Participant's Plan to be transferred into a separate account established for the Alternate Payee in accordance with Paragraph Five (5) of the Marital Settlement Agreement. 10. As soon as practicable after this Order is determined to be qualified by the Account Administrator, such amounts shall be withdrawn from the funds in the Participant's account and invested in such fashion in a separate account maintained for the benefit of the Alternate Payee. On and after the date such account is established the Alternate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. 11. Payment of the Alternate Payee's benefit shall be made as soon as administratively practicable after the Order is determined to be qualified. Such request shall be on a form provided by the Account Administrator. Payment shall be made in a single lump sum payment. Page 2 of 5 12. The Alternate Payee may designate a beneficiary to receive payment of the Alternate Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death. Any such beneficiary designation shall be made without regard to any designation by the Participant of a beneficiary with respect to the Participant's interest. 13. The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will be not entitled to any survivor benefits attributable to the Participant's benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 14. The Participant, Alternate Payee and the Court intend this Order to be a qualified domestic relations order within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA. Accordingly, this Order shall not require the Plan to provide under any circumstances: (i) any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide benefits in excess of the value of the Participant's account or as of the date the separate account is established for the Alternate Payee; or (iii) benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. This Order relates to the provision of marital property rights of a former spouse of the Participant and is made pursuant to this State's domestic relations laws. 15. In the event this Order is found by the Account Administrator of the Plan not to be a qualified domestic relations order, the Court shall retain jurisdiction to modify the Order as necessary for the Account Administrator to accept the Order and pay benefits in accordance with its provisions. Page 3 of 5 16. The assignment made by this Order shall be permanent. On and after the date of this Order, the Participant shall have no further right or interest in the portion of the Participant's account balance which is hereby assigned to the Alternate Payee and the Alternate Payee shall have no right or interest in the portion of the Participant's account balance that is not assigned to the Alternate Payee pursuant to Paragraph twelve (12) above. Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the portion of the Participant's account balance not assigned to the Alternate Payee. 17. The Alternate Payee shall be responsible for the payment of all taxes due on amounts paid to the Alternate Payee. The Account Administrator and trustee of the Plan are hereby authorized to withhold tax as required under law and to report any such withholdings and taxable income to the taxing authorities. It is so ORDERED this ~ day of ~Iw.~.--., 2007. BY THE~OURT, J. hereby agr~e~ to the entry of this Qualified Domestic Relations Order. enn h J. Lavely r. c Page 4 of 5 Paula M. Laver' 7 }_ ~ L:..' ....,_ ~... .. ,,. { - ~ - ~~ i ~ ~ . ,i i~ LL ~' C'3 ,'.j N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS the ~"-`I day of -'ylctrc~t , 2007, before me, the undersigned officer, personally appeared Paula M. Lavely, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she signed same for the purposes therein stated. IN WITNESS WHEREOF, i have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal COMMONWEALTH OF PENNSYLVANIA Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County SS. My Commission Expires Apr. 17, 2010 COUNTY OF CUMBERLAND : Member, Pennsyivania tissuaatian of Notaries ON THIS the ~~`~ day of ~Urc-~ , 2007, before me, the undersigned officer, personally appeared Kenneth J. Lavely, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he signed same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,c,;,u..a.r:~.d.~.. ~~ ~,~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr.17, 2010 Member, Pennsylvania Association of Notaries Page 5 of 5 PAULA M. LAVELY, Plaintiff V. KENNETH J. LAVELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-456 CIVIL TERM CIVIL ACTION -LAW - t-, N o IN DIVORCE ~_ ~; -~ -_ ~ _ ~= n, -r, r. . MARITAL SETTLEMENT AGREEMENT = ui ~' __- •--7 _.?_- THIS AGREEMENT, made this ~~ nc~ day of March, 2007, between Fraula M. I~vely G "'~ (hereinafter "Wife") and Kenneth J. Lavely (hereinafter "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on August 1, 1996. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the equitable distribution of the marital estate between the parties and the; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Exhibit "A" Page 1 of 8 1. DIVORCE A Divorce action has been filed at the above captioned number in the Court of Common Pleas of Cumberland County. Each party hereby agrees that he/she shall sign an affidavit of consent and a waiver of notice of the seeking of a divorce decree so that a divorce may be obtained without unreasonable delay after the execution of this agreement. This agreement shall be incorporated by reference in the divorce decree, but this agreement shall not merge with the decree. If either party must resort to Court action to enforce the terms of this agreement, the prevailing party in any such action shall be entitled to recover from the other party the reasonable attorney fees incident to the action of enforcement. 2. ADVICE OF COUNSEL Each party acknowledges that she or he has either received independent legal advice from counsel of her or his selection, or had the opportunity to do so, and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Wife has been counseled by Michael A Scherer, Esquire; Husband has not retained legal counsel in this matter but Husband understands he has the right to consult with an attorney should he so desire. Page 2 of 8 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PROPERTY -REAL AND PERSONAL The parties are familiar with the existing marital property and marital debt. The parties are the owners of real estate with improvements thereon located at 80 Bonnybrook Road, Carlisle, Pennsylvania. The parties shall remain joint owners of this property following their divorce and they shall hold title as `tenants in common.' Husband shall be solely liable to repay the home equity loan to Beneficial in connection with his occupancy of the property. The personal property issues will be resolved by each party retaining ownership of the marital property in his or her possession or his or her registration. There is no marital debt. Each party shall be individually liable for any debts he or she contracted in their respective names. Page 3 of 8 5. JOHN W. GLEIM, JR. INC. 401 K Husband has accrued rights to a 401 k through his employment with John W. Gleim, Jr. Inc. The balance of Husband's 401k is approximately $14,000.00 as of January 1, 2007. Wife shall receive, through the use of a Qualified Domestic Relations Order, the sum of Eight Thousand Dollars and 00/100 ($8,000.00) from Husband's 401 k upon the plan administrator's receipt of a Qualified Domestic Relations Order. 6. SPOUSAL SUPPORT AND ALIMONY Husband does hereby waive, release and give up any right he may have against Wife for alimony, support or maintenance, and Wife does hereby waive, release and give up any right she may have against Husband for alimony, support or maintenance. 7. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property, including financial accounts and retirement accounts, of the other or against the estate of such other, of whatever nature and wherever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey 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 laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at Page 4 of 8 any time against the other hereafter for 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 thereof. It is the intention of Wife and Husband 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 thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 8. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 15 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 9. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. Page 5 of 8 10. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes ', set forth in the preamble hereinabove; that there are no claims, promises or representations not '~ herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement sha11 in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 11. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of 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. 12. SEPARABILITY If any term, condition, 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. Page 6 of 8 13. ENFORCEMENT OF AGREEMENT This agreement does not limit or restrict any remedies that either party may have against the other for non-performance of this agreement. If a party to this agreement must seek Court action in response to the failure of the other party to perform under this agreement, the prevailing party in any such Court action may recover from the losing party his or her reasonable counsel i fees related to the enforcement action. 14. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 15. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed 16. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have signed this Agreement. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as pa~~s hereto, acknowledge the receipt of a duly executed copy hereof. Obi Paula M. Lav y ~ Kennet . Lavely Sr~ Page 7 of 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS the ~ cy day of MCL ~"C~'I , 2007, before me, the undersigned officer, personally appeared Paula M. Lavely, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she signed same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~~ ~ ~~~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro. Cumberland County My Commission Expires .Apr. 17, 2010 Member. Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ON THIS the a n~ day of ~/lGt rc+~ , 2007, before me, the undersigned officer, personally appeared Kenneth J. Lavely, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he signed same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 17, 2010 Member, Pennsytvan:~ Assoc~at~on of Notaries Page 8 of 8