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HomeMy WebLinkAbout00-01285 , , ::;!:<<(')t+}::','::~:CS:).::.::{::~!::.::-~;::::i_{:::!::.~tX.X}a.~:)"()__~:;::::~::C~;::':~~>>::!~:':,:!8};;::~:~::.::!;;:,}::C!;::X.::-!;$!::.::()!::cr:::!::.::!;3~!::.~~~.::a'~<.>$!::C.<'~!::C?6!::+::!G!:CKX+};Jc:<C<f(:. ~ ~ ~ I .,", n . ~ ~ ; .. - ~ ~ ; IN THE COURT OF COMMON PLEAS ~ ~ ~ "d ~ ,M ~ ""'~ M t'., ~.~ . ~.~ J ~':~ ~ ~.~ ~ 'd ~ ~.~ ,"'. ~ ~ ~ ~.; ~ ~0 i ~.~ ~ ....,.. ~ !i'.~ i i ~ ~ !i'.~ ;>', ~l ~ k~ ~ ~ .'r" ~.--: ~ ,./ ~ ~~ ;..; ~ ~.; ~ ~.S ~ ~ "l OF CUMBERLAND COUNTY STATE OF PENNA. GINA VICKERS N o. ....z.~.~.~.~.1.2..85.................,19 Versus STEPHEN VICKERS DECREE IN D I V 0 R C E cVt" 9:3.3 A.M. A- y ~ I ("" liD .. d d d AND NOW, . .. . . . . . . .11 .. .. .. .. .. . . . . .. '. . .200.0, It IS or ere an decreed that..... .9~p.a, .Y~.c.l<;~~?............................. plaintiff. and ..... . . . . . . . . . . . . .St~p.nen. ~.i,Cl.<.~Aq . . . . . . . . . . . . . . . . . . . . . . are divorced from the bonds of matrimony. defendant, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; AND IT IS FURTHER ORDERED, that the terms, conditions and c~~~~~~~~.?~~.~?~~~.~~.t~~.~~~~~~~.~~9~~~~X.~~~tf~~~~t.Aq~~~~~nt made and entered into by the parties on August 4, 2000, are incorporated .into .thi.s .De=eGl. hy. .ref.erGlnce .thexGlto.,. .but .not.... merged in~o this Decree. ;."; ~ ~.~ ~ ~~~ I .", ~ i ~.\! ~ I ;.};:: ::~...,.:::*>,,: .,~:<<.;,. ';'. :., "'!Ii.'Il" .~, ,', ~ ~ ~.~ ~.~ ~ :~~::.:.;::>::.:<:: ~::.::~'.: >:::.::<>:.::~'::::;':+::":. >::.::<::.~::..::~< ':.::.::< >::.~ Allest: uu~ Prothonotary ;;' ..'" ~('::.>>:-,:: :::<>>:( ).>>::~;,. :::.:€,;,::::.::+:O:,: >::+::{ ::;0::+::< :::;::+::.;:. ':,;::.::{ ":.::+::.": >::.::.... ,'. ~.; . ,~,', ~ ~.~ ;:~, ,;:~ ",.~ I 11-', >,0' tOll I ~~~ ~ ".$ a ~.~ ~ ~ ~ ~'S ~ ,,+; ~ ~.~ J. ~ ~.~ ~ ~.~ ?~ ~ ~ ~.~ ~ ~.' ~~ , , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 1285 GINA VICKERS, Plaintiff STEPHEN VICKERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE PROPERTY SETTLEMENT AGREEMENT '--',," " - ~ ~ " ""," .",.' PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made this Lf~ day of Il~od ;JOCJo, 2000, by and between Stephen Vickers, hereinafter referred to as" usband", and Gina Vickers, hereinafter referred to as "Wife". . ~: Iii WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 19, 1982; I ~~ and WHEREAS, two children were born of this marriage, namely, Casey Vickers, born August 27, 1984 and Eric Vickers, born June 23, 1986; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, fully understand and agree that Wife is represented by Sandra L. Meilton, Esquire and that Husband has the right to have the advice of independent counsel prior to the signing of this Agreement, and that by signing this Agreement, he recognizes that he fully understands the legal impact of this Agreement and waives his right to have the Agreement reviewed by an independent attorney of his choosing and further intends to be legally bound by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and 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 nor attempt to endeavor to molest the other, nor compel the other to ,~ ",' '",,' ili cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on September 17, 1999 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 debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on September 1 7, 1999 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 debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Mortgage on the marital residence located at 27 Farmhouse Lane Camp Hill, PA 17011 First Nationwide Mortgage - mortgage holder Husband agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless Wife from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the - 2 - ,~ ,-~> , ,",' ,,;,' provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. sea., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. - 3 - ""', -" ~~~- -'",,~- ,-~ , ~ ^,- - -'..- ',,;,1 The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. III From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISTRIBUTION OF REAL ESTATE: Wife agrees to transfer to Husband immediately upon the signing of this Agreement, all of her interest in and title to their jointly-owned real estate at 27 Farmhouse Lane, Camp Hill, Cumberland County, Pennsylvania, subject to the mortgage given to First Nationwide Mortgage in exchange for which Husband agrees to refinance the mortgage to remove Wife's name. Said refinancing shall be accomplished within 45 days of the signing of this Agreement or the entry of the final Divorce Decree whichever shall later occur. Pending the refinancing of the mortgage and the removal of Wife's name from same, Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligation on said premises in accordance with its terms, and agrees to indemnify Wife from any loss by reason of her default in the - 4 - ,", ~~~u =, "_'C , -,-- " ~ , . ,1 ,"~,A .,',0' II', :i;' Il!1 payment thereof and agrees to save Wife harmless from any future liability with regard thereto. Husband agrees to pay to Wife in consideration for the transfer of her interest in said real estate to Husband the sum of $47,500.00. Said amount shall be paid within 45 days of the signing of this Agreement. In the event that Husband cannot obtain the requisite refinancing to remove Wife's name from the mortgage and to satisfy the amount due to Wife under this subsection within 45 days from the date of the signing of this Agreement or entry of the Divorce Decree, whichever shall occur later, the residence shall immediately be listed for sale. Upon sale of the real estate, the net proceeds shall be equally divided between the parties. Net proceeds shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor's commissions and costs incident to sale. C. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. PENSION AND RETIREMENT PLAN: Based upon information exchanged between the parties, the parties agree that Wife has no pension or retirement plans and no retirement accounts or deferred accounts of any type. The parties further agree that based upon information provided by Husband and in specific reliance thereon, Husband has the following pension, retirement plans, retirement accounts and deferred accounts: Forum Health Plan Defined Plan (originally Youngstown Hospital Association Inc. Plan) This fund became YHA, Inc. whose name has subsequently been changed to Forum Health. $18,386.00 - 5 - -., ,,,,,,,,'""",~C',_,.",'" ,,,. _',_,,',~_~""""~'~ _ ",k~,".. .""~,_ .,\ " 403 (8) Copeland Company (12/7/99) (prior employment) $62,671.44 401(K) Present employment Fidelity Investment (12/1/99) Account #X47-217255 $23,207.00 In return for Wife's waiver of all of her right, title and interest to the above funds, Husband shall transfer to Wife, through the use of a Qualified Domestic Relations Order, $49,217.71 from Husband's Copeland Company 403(8) Plan. Wife's acceptance of a transfer from the 403(8) Plan is based on a number of conditions including, but not limited to, the following: I (a) The amount must be transferable to Wife under the terms of the Plan. (b) In the event that Husband were to die before the transfer was completed, Husband shall name Wife as the beneficiary of any survivor benefits either on the 403(8) Plan or other plans sufficient to protect her interest in the event of his death. Once transferred to Wife, her right and entitlement must be absolute and not conditioned upon Husband's retirement or Husband's survival until the plan is put into pay status. (c) In the event Wife predeceases Husband and/or dies before she has collected her share of the plan, Wife shall be entitled to designate a beneficiary to her portion of the plan. (d) The transfer shall be accomplished through the use of a Qualified Domestic Relations Order in a fashion to assure that no tax consequences or penalties are experienced by Husband or Wife. 4'1 'f ~e.{err-e.d 5"-.Je) ~ "''Je.5 I~ c<.Jrre-f OVJ fB.'J fY.Q61sf"erre<:f. ""Wl,,<-'Y)f <.v,r( b€- hOr'1 kJ(j feR.. /..VI F€;-. 9. MOTOR VEHICLES: SA t./ With respect to the motor vehicles owned by one or both of the "S \~ (jO parties, they agree as follows: G(:})1) (a) the 1996 Chrysler Town & Country shall become the i" sole and exclusive property of Wife free and clear of all liens and encumbrances; 40 (b) the 1994 Pontiac Firebird shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and - 6 - --""'<', ,- ,~~~~"'.-~, ~ " ...... ..... -. ','., ~\ " .' Iii II" j! , {c} the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 10. LIFE INSURANCE: Subject to Husband continuing his employment with the Capitol Area Cardiovascular Surgical Institute, Husband agrees to continue to maintain in full force and effect the present insurance policies on his life issued by UNUM Life in the amount of $77,000.00 Husband's ownership of said insurance policies shall be subject to the following conditions: (a) He shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value; (b) He shall immediately designate the parties' children, Casey Vickers and Eric Vickers, as the irrevocable beneficiaries of the insurance policy until the younger of the two children graduates from college or turns 23,whichever shall occur first; and (c) Within thirty {30} days after the execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on each insurance policy and that the insurer has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement. The Husband shall also request that duplicate premium statements and receipts be mailed by the insurer to Wife. 11. CUSTODY AND SUPPORT: The parties agree that they shall share legal and physical custody of their minor children, Casey and Eric. Husband agrees to pay to Wife the sum of $800 per month for the support of their children until the children reach 18 years of age or graduate from high school, whichever shall first occur. The support payments of $800.00 shall begin as soon as the Agreement is signed and the parties agree to sign an amicable Order of support with the Court of Common Pleas of Cumberland County, Pennsylvania so that future payments can be made in accordance with the Order of Court. The parties agree that this provision relative to support payments may be enforced by an action in accordance with the Rules of Civil Procedure - 7 - '...,.",'~"",. ',-," ",'.., ." - ".,. '," : " governing actions for support. ~t ill tRil iRtilRtiilR ilf tAil llilrtiilB tAat I-IblslilaRB'':' ...I,ild 4H:lf3f3Srt 8Bli~atieR al.611 I,at fall bel'.."^' ~QOQ QQ por mn~tb. SA V -Av I....I.~ as I..{WBS8flS is per,'ilXlS 8 l..il.i"ll,.Illl vr $899.99 t-'vl lllolltlll/V/OO ~I. ....l,.IfJfJUI L vr Vllv ~~ leetR at tl.~ "I.il~n~"". ho "'~9n lia el;18 t8 alJil.: 8MB ef U Iv \.o1,;I.drst\. .. ~,~ The parties agree that. they shall. share the dependency exceptl~n~ for the c~lldren ~ ' -eP with each party claiming one child as long as there are two eligible exemptions. 1>.<, When there is only one eligible dependency exemption remaining, the parties shall '& rotate on an annual basis the claiming of the remaining child as a dependent. Ii 12. ALIMONY: Husband agrees to pay Wife the sum of $600.00 per month for the support and maintenance of Wife for a forty (40) month period. The forty (40) month period shall begin to run with the first month following the signing of this Agreement (e.g. assume the Agreement is signed during the month of August, Husband's first alimony payment will be due for the month of September and will be payable no later than the 15th of September and on the 15th of each month thereafter) . The obligation to pay $600.00 per month alimony shall continue until Wife's death, the expiration of the forty (40) month period or Wife's cohabitation with a member of the opposite sex, whichever shall first occur. Although the approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife or Husband and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the prOVISions of this Agreement providing for equitable distribution of marital property are fair, adequate - 8 - """',~,-" ,",'~'", ..",~.,." - """'" "~-"'~ -- . ,- ~,,-~" 'fl,',i,' -..J ~i ~. !' Additionally, the alimony figure will be adjusted prior to 40 months if 8' M Gina inherits in excess of $100,000 in net assets. The alimony will be reduced at rate 'f of one-half percent a month of tl.! bb.l J'let ll!ILL :.. V^vv"" vr $1 00,B88 in net assets -5A- V inherited. For example - if Wife inherits $100,000.00, the monthly ~~~~1 will be .!(Vjao reduced by $500.00 (Le. $100,000.00 x 5%). These net assets includeltM-lI ~ut into r trust for Gina's eventual benefit. This provision does not become effective until the ..fA- v estate has been probated, settled and distribution has been approved by the Court; and '11"1/00 distribution of assets has been made. rt'~ {) (j v-,t) <i{ .,'. and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now or hereafter have against Wife for support, maintenance or alimony. Husband further, voluntarily and intelligently waives and relinquishes any right to seek from Wife any payment for support or alimony. 13. COLLEGE EXPENSES: The parties agree to share college expenses as follows: (a) The trust fund which has been established for the children's education shall be exclusively utilized to pay expenses up until it is depleted; (b) Thereafter, the parties shall split the college expenses with Husband paying 75% and Wife paying 25%. College expenses are defined as the cost of tuition, room, board and books and a monthly allowance of $50.00 per month per child while they are attending college. .' The agreement for the parties to cont'ribute to college expenses shall be further subject to the following conditions: (a) The children shall be required to maintain a B average or above in each academic marking period in all subjects. (b) The parties' obligation shall be limited to a maximum annual payment as if the children were attending Penn State University. (c) The agreement to pay college expenses is specifically limited to a four year program which shall commence immediately upon the child's graduation from high school and shall conclude four years later. - 9 - ,. ','<,~ Iii ',':> : .. {dl The academic institution selected by the child shall be mutually agreed upon by the parties and the child. 14. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband agrees to pay to Wife $350.00 toward her legal expenses. With this payment, Husband and Wife acknowledge and agree that the provIsions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. With the payment of the $350.00, both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 15. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. - 10 - l)." ,-'^-<_.,~,~," ~ "~-~" -~~. ~" - -=-~"~-'.,',<>. '. -~-- . .,'> : .' 17. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 18. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 19. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. - 11 - "" . ..,_....,-_. . ." . .' 21. OPPORTUNITY TO OBTAIN ADVICE OF INDEPENDENT TAX COUNSEL OR ACCOUNTANT: Both parties acknowledge and agree that they have had the opportunity to retain tax attorneys, accountants, tax advisors, or certified public accountants with reference to the tax implications of this Agreement. 22. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 23. VOLUNTARY EXECUTION: The Husband acknowledges that Sandra L. Meilton, attorney, has acted as legal counsel to Wife in connection with the negotiation and preparation of this Property Settlement Agreement. The Husband acknowledges that, by copy of this Agreement, he has been advised of his right to seek the advice of counsel of his own choice in connection with any matter pertaining to this Agreement or the contemplated divorce action to be filed by Sandra L. Meilton. Upon that provision, Husband and Wife acknowledge and represent that the provisions of this are fully understood by both parties and each party acknowledges that the Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly and that it is not the result of any duress or undue influence; he further acknowledges that he had the opportunity to seek the advice of legal counsel for the purpose of having the legal effect of the provisions herein fully explained to him, and that if he chose not to seek such legal counsel, such action was taken by him voluntarily of his own free will. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the - 12 - ~ =",~~ ',0 "," ,~_"C ~,~ ~'" ",,__. ,_ ---_.~,~~ ,.~.. ~-,,~""- ~~ ~,- .; provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and 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 Divorce Code. 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 within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland 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. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 26. MODIFICATION AND WAIVER: A modification or waiver of any of the provIsions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict - 13 - "-' '~'" """'.t." _,~C"'~ ,<~"'. ,. . ,.",-, ,F,",,"'(',"'A'f...,. ","'''~" -,-.-,,-."'- '" >,'" ,~ ~"~,,,,. ".~~- . 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. 27. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 29. VOID CLAUSES: 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. 30. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. '1 4 '~ .L 1 '~ ( i{~ . Gina ~s (SEAL) ~AV~ (SEAL) Step en Vickers - 14 - "."; .~ '~c' ."<_ '"",""'" ,"_, ".,..' ,,,._ <.., ",.~._ ,~.., "'- .'" '-,--.- - ~~.- ~ ,~. ~. . "" .'^ -' ~ ",' " .; COMMONWEALTH OF PENNSYLVANIA COUNTY OF I ( ) ss: On this, the t...ffi. day of /l-Ut{UJ f , 2000, before V personally appeared Stephen Vickers me, a Notary Public, the undersigned officer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ;:z q L -;:'/ -'-'" c- 0 f f Notary Public NOTARIAL SEAL GAil E. PRESCOTT, NotarY Public Camp HIli, Cumberland CoUllly2QO My Commission EllpIres March 5, 1 l,i 1'1' ,! I "i 1,1, :11 - ~ ' , .. '''~~ ~, ,_ "."",,-,,~"^,~,'",,-'~~""""-""'~ .J,'y..>_.~;~,.~,. ~ ,~.~,,,..,'_' .;_= ".,~- --^,~-- ~ . >" -, -'-" ,.. ,~" .,,~ - ~~~ " +..^, ~. .; COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF , On this, the ~ day of AJUJ f , 2000, before me, a Notary Public, the undersigned officer, personally appeared Gina Vickers known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,J chi L -f?r ~ 0.-0 f t Notary Public 30676.1 NOTARIAL SEAl GAIL E. PRESCOTT, NotarY Public Camp Hili, Cumberland County My Commission ExpIres Maroh 5, 2001 Ii ""' - ", ~,', " "'f~';.1.,,,1P't~"'~-:r~,,"',,",,;""__ ':",""~~' ~,,,,,-,-- ,~ c"' .,"" ". -. ""F-"~ __<" ',~'; ,," ~ ~~_"'"" ,,"C~'" " ','<-.'" -~ -' ,- " (") c: ~ -oq;( rnt " Z:'SJ ZC 01';,2:.; -<. ~:~, ~C) :eO ~O J>C ~ o o ;po c:: (7) <=;, () -n .-l ?0}d i:~\'~) "",'. /c::::o ~;:;C) Cilfl -,,1 1J -< ~~o ::.~: f';? ,,- \,0 ---~ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 1285 GINA VICKERS, Plaintiff STEPHEN VICKERS, Defendant 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: certified mail, March 13, 2000. 3. Date of execution of the affidavit of consent and waiver required by Section 3301 (c) of the Divorce Code: by plaintiff: by defendant: August 7, 2000 August 7,2000 4. Related claims pending: None Dated: f-q/DO ~o~ Susan M. Seighman Attorneys for Plaintiff 31187.1 [;/ ,- "",- .,'., r", . _~'i!t'<1l_ ,.".<<~~-.. "' 0 0 0 c 0 ," s::: J:>o ~~p2 "CD c: ~g:; G"> Q?i <=> :g~j "') ~o " ;!~~J ~O 3: ",0 >8 ~ C::)fTl -" z: ,C- >' =<! :n \D -~ lIIRMlIlIII!UI" ,- ,. J'7 , " v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CO - /;:) t:65 cu..J GINA VICKERS, plaintiff STEPHEN VICKERS, Defendant 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, 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Dated:~~/OD TUCKER ARENS BERG & SWARTZ By: ku,~~ '"' Sandra L. Mei ton Attorney I.D. No. 32551 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF f;~ ~-' >~-~- .. GINA VICKERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fJV- /:l.Y'6'CWd J~ v. STEPHEN VICKERS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Gina Vickers, an adult individual who is sui juris and resides at 1613 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Stephen Vickers, an adult individual who is sui juris and resides at 27 Farmhouse Lane, Camp Hill, Cumberland County , Pennsylvania. The present whereabouts of the Defendant, Stephen Vickers, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 19, 1982, in Pittsburgh, Pennsylvania. 5. There have been no prior actions of di vorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of ''- , ~9 ~ ~ ~"-"""'!: '. counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between plaintiff and Defendant; and b. For such further relief as the Court may determine equitable and just. TUCKER ARENS BERG & SWARTZ ~d~i~rt~ Attorney I.D. No. 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF 25338.1 .'" VERIFICATION I, Gina Vickers, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. !jj~JL Vtu8/'r" .J Gina Vickers DATED:~ ~ 5J(J) ''WtIlM " ,. ~. -" -- ,,? :- <0 ~ 0 f-" wQ cry (..)2: w:~ ::t: . 6);:;; "- 2~~ U.~L._ .-.i, . I..L :L: j"u ~~ " o ~ B~ o;iE CI~ r- 26) I S2 CI;:~ ~ w"::'" oo:l; r.nlf ~ ~ o u '0'-0 ' f'___ '- ' p ~ ~~ ~~ '- ~ ~ ~~'< ""- Iv) N !2 g) ~ 9 en/ij ~ ~~ :; t.:)VlO\Z_ Q::;~gg~~ gs~~~~ en OllZ_ z:Co",c; ~~o;~c ~~ "' [;2~ ~ ~ :c . - , . .~, -,. .._~. ~, ~ . j ..-. T Z 398 269 582 US Postal Service Receipt for Certified Mail NoJnsurance Coverage Provided. 00 not use for International Mail See reverse o Postage Certified Fee Special Delivery Fee od.p:tJ. 1/011 $ 55 40 Restricted Delivery Fee m Return Receipt Showing to :: Whom & Date Delivered '[ Retum Receipt Showing to Whom, c( -Dale, & Addressee's Address ! TOTAL Postage & Fees sS ) q (f) Postmark or Date E ~ 3~q,-()O 0. '~.: "" " " :in " i!! " > l!! " .c ~ ~ o " ~ Q. E o l.l SENDER: . Complete items 1 and/or 2 for additional services. . CampJeteJtems 3, 4a, and 4b. . Prin1 your name and address on the reverse of this form so that we can return this card to you. . Attach this form to the front of the maifpiece, or on the back jf space does not permit. . Write "Return Receipt Requested" on the mailpiece below the article number, . The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: MR STEPHEN VICRERS 27 FARMHOUSE LANE OOlP HILL PA 17011 PS Form 3111, Decenj~er 1994 '!Ii li,l; I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2XX Restricted Delivery Consult postmaster for fee. 4a. Article Number 4b. Service Type D Registered o Express Mail Return Receipt 10r Merchandise 7. Date 0 ivery ~ertified o Insured DeOD ~13~-Ch) 8. Addressee's Address (Only jf requested and fee is paid) 'I, 102595.9I>B.o229 bomestic Return Receipt .. ~ '1: " U) a 'ii;' l.l " a: ~ - ~ ;; a: Ol ~ 'iji ~ - .e ~ g, ... ~ co t: i,1 I~ ..~~.., .. ., "' ,< ., ~p .m~ ~,,",,'_---;'"_, """"""'c""",,",,,,,,,,, , .- \. Cl 0 C) -'1 ~n ~~ ,__J :.~ l~ ...::) I~;:;;; ..~. L,c::... i"~) I-n (j~ c, -"" :.'j Y ,- C) ->, ~~ "'Tj , '. ~~~ ~;g <Z~ - , ,P (~ 5 C) rn "0:_ ;:::"-1 --, ::~'J -<.' c.n -< ..."._~iIl1!!jl!/l~""'T"""'- ~, _" '"...>l,';,,'',''' -"~'''';''-';.~;;:-':'t:\f";"=",-"-,,,.:..:!to:.,, .i ... GINA VICKERS, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 -1285 STEPHEN VICKERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND AND NOW, this 17th day of March, 2000, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, who, being duly sworn according to law, deposes and says that she is the secretary for Sandra L. Meilton, who is the attorney for the Plaintiff and that she mailed a Divorce Complaint on March 9, 2000, to Stephen Vickers, 27 Farmhouse Lane, Camp Hill, Pennsylvania, by Certified Mail No. Z 398 269 582, return receipt requested, and the same was received by him as indicated by the Return Receipt Card, which is attached hereto. ~CLu.JY\ m . ~ Shaun M. Kovach SWORN TO AND SUBSCRIBED before me, this 17th day of March, 2000. ~~~ No ary Puo Notarial Seal Pauline Palli Thomas, Notary Public HarrISburg, Dauphin County My Commission Expires Mar. 24, 2003 Member, PennsylvanIa ASSocIatIon ot Notaries I',', 'f' I: [ . , h, . I ! _ . h y . . , , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 1285 GINA VICKERS, Plaintiff STEPHEN VICKERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 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 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. 94904 relating to unsworn falsification to authorities. Date: f ~7 ~ (JU ~~ If-~ Steph Vickers, Defendant S.S. No. /9'J- 5~- 7(v::(J \'-",-,,,,.,,,,. ,~~ - . -(')' 0 0 c 0 -n is:: """ .-1 -otD c:: "~:Q mrl'1 G:> -;.;r:;=; Z:n Zr.. Cl "~'ICJ 00.2;: :~'5 I ~L. '...0 C., v X':F4 ;< . ~O ::z Q.C) )>2 N (snl ~ l:"'" ;;;! :n \0 :-< 4 ,~t,,,, Il- " " . , STEPHEN VICKERS, Defendant CIVIL ACTION - LAW IN DIVORCE Ii , ~I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 1285 GINA VICKERS, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of ':1' I' I 11! property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is I 'I: entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: C("-7-<)() ~~A//~ Steph n Vickers, Defendant II 31070.1 ~ ,~,,,'.J'f"'" " ~"'---'" . -- -- ,n''''< '0" , .'.','" ,_",,,,,,',,_,,_~Or,,f_""?"""',' -- '" '. - ~'-" ," ,,',-- - '~'" " .~ ~ ~., " . " ~ ~" ..,- ~~ ~--, " ," ~_~"-"",,,_,~';"";"" ,~o - - . 8 0 (- -j 0 -n s:: ~ -~< ""Om '- ~ ~1 ~,D mrn t.."'") , Z:n ~]~ ZC' <:::> ro~ ~o ;<::: -0 ~??~ ~c ::b: -0 ~ C)I n Pc --I ~ - ~~ '0 ~< .'~ ~ . ., . ... .. .., v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 1285 GINA VICKERS, Plaintiff STEPHEN VICKERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 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 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. 134904 relating to unsworn falsification to authorities. Date: t" - 7 - 00 ~~M {~ Gina Vickers, Plaintiff , 0 S.S. No. /V2 ~,:?O ~ q~1S. ;__,."_~__ '_-C",","","',~"'-"""O" '<'<~"~".',~_ ~.'~'" __~_~_'~_. _.~",,~,..' , . .. . 0 0 0 c 0 -'11 ;g: ",. ""OW c:: -Tl rl"lm G) ;=- Z:D --',fTl Z:!; C> ~jt..~j ~Z ~,~~ kG --0 ~() .....'E\, -tJ ~ orn );>c --I ~ C- ~ ,,, -", ~- ,,~. -. =., ,~,.-,,' >".-, c.-" ."~ lr C. " - ~ ' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 -1285 GINA VICKERS, Plaintiff STEPHEN VICKERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 8' - 7 - 00 ~ LI1AMA .f~ Gina Vickers, Plaintiff _C_"",",,,,.,, 'C,'C'C'<J" _ - _ , .,'" '"",-,0;, .~'", ,~__ ~,",r_ _,C,,_~" ',',_,"'~ r.~.~,.", " _ " ,_ '- ',- ~ - . 'I':; l"I ~ 0 (;;) 0 c C> -'1', s: """ .-.~ ""00:; c::: =:lj]] 'miTt en Z::n -")"1 85$; 0 :j~~) ?.<"- ::-:~C] ;;::0 -u ~~~ ~o ::l: );:0 N C)fTI ~ --I t:'" ;:t>. :C' tD -<: !IIII!I.. 0"", /:',: " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW H : G I VI c.... tJicKer..s Plaintiff : : File No. On -/2.<f J : vs. : IN DIVORCE : s + e.p 1rJ-e1/t Vi c-Ku5' Defendant : : : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the I') day of Au~/,(,-:it ,P9 ZOCV, hereby elects to resume the prior surname of G /Vl 0-- /'1. ("'"'-flY'; 01-i-; , and gives this written notice pursuant to the:..prbvisions of 54 P.S. S 704. DATE: I (~(}.7 -0 0 J1~~ Signature Ltf~ o;rJ. C~. Signature of name e1ng resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On the .t7...l!:t day Of/Jlc?J~ ,~, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that helshe executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and officia'l seal. -#~~_-# - /I Jd74 .." Nota,rv Public ., .. ~jOl4RIAh SEAL . ~~TRIGIA A, SHATTO, Notary Public GalliSleBaro, Gumberland County My Commission ~Xplf8S Deoember 17, 2001 -- ~ ~~~.~^n - ,,1-.' ~ ~ C>. C> c- -cJ c- o ~ ul -D ~ ~ -' ~ ~ 0 ,.... () c: .-, ." ~ :::.: v c~=: C) "'"'TI rn r;"; ""- z: ;"":; :-n z c:-- C~j CIJ ....... ,!-., -'. "-' r:::: 2: )> " ;,:;:: (~" -.:;.. () :> ;-!'l ~ ~-.:::.. -; -< (=:> Ii !: " ii II If ! '<l ~" . "'''1 ~.JIHII'f. - ~ ~_. """""",,,,_,..,..,,~E1ffl!l~I"!!i1il~ili!!ffi~"1if!IJL,,~ ~"~'" "~.~ii1~~_!!'l!II!l, Ilfll'_,~,,~.., . .- GINA VICKERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-1285 STEPHEN VICKERS, Defendant : DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER FOR TAX SHELTERED ANNUITY 403(b) PLAN AND NOW, this \ '8,R day of "\).eu.w..kv"' ,2000, it is hereby ordered and directed as follows: 1. The "Participant" is Stephen Vickers, Social Security No. 192-50-7163. 2. The Participant's address is 27 Farmhouse Lane, Camp Hill, Pennsylvania, 17011. 3. The "Alternate Payee" is Gina Vickers, Social Security No. 182-50-9268. 4. The Alternate Payee's address is 7 Elmhurst Road, Camp Hill, Peunsy1vania, 17011. 5. The Order applies to benefits under the Copeland Companies Tax-Sheltered Annuity 403(b) Plan which is serviced by Nationwide Life Insurance Company (Contract #01- 4033570)( hereinafter referred to as the "Plan"). 6. The Alternate Payee shall be paid a one-time benefit of Forty Nine Thousand Two Hundred Seventeen Dollars and 71/00 ($49,217.71) based on the present cash value of the K l~ ,,~ ~~. .,,'- " . - Plan as soon as it is administratively possible. This sum shall be rolled over to Altemate Payee's account as set forth below: To be provided 7. Until said transfer is made, the Alternate Payee shall be treated as the Participant's spouse under the Plan for the purposes of the sections 401(a)(II) and 417 of the Internal Revenue Code with respect to the amount identified in Paragraph 6. Once this transfer is made, the Alternate Payee shall not be treated as the Participant's spouse under the Plan for any future distributions. 8. Any deferred sales charges incurred as a result of this transfer shall be the sole responsibility of the Alternate Payee. 9. The Alternate Payee shall be responsible for the federal, state and local income taxes and other taxes attributable to any and all payments from the Plan which are received by the Alternate Payee. 10. This Court reserves jurisdiction over the parties and the Plan until such time as all obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. II. No provision of this Order shall be construed to require the Plan, the Plan Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which 2 -,~,~;..., ~~~ r-'''' --,<. " . ~ is inconsistent with any provisions ofthe Plan as now in effect or hereafter amended. 3 ,-~ ',' ~~ J 2-J9-00 Rf? ~" ~, _.~_,,~ ,~.~ "~ ~. f ~i!f!M'lIlilliuI1i;4ifa@;1~~",i,M"l>!ir~lillrlli-~mj,.!,li.iO:l!lilllt,;Rli,;j$iIlM_,t;)".1fS;:';;t"""'.'ill,'t,,gi<~W."~4!'i"'~hl-'W"ltz -'.~~" ~ . .- . ~ ' '~'-~"~iQ. OF ~:ji [i')-L)r F1CE , - - ""'('T'RY , :",JI"'~,) 1/-" 00 DEe 19 ,',II 8: 22 GUMSEHLh'10 COUI\jTY PENNSYLWINLi\. '. . ~. .~ il!', ! . .J . '... GINA VICKERS, Plaintiff DEe 1 8 ZDOOOo : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2000-1285 STEPHEN VICKERS, Defendant : DIVORCE STIPULATION By their execution ofthis Stipulation, the parties hereby agree and acknowledge that the attached Qualified Domestic Relations Order shall be entered as Order of Court. Participant Alternate Payee ~A'V~ Stephe VIckers J1 . , . Cv. ~ V~ , Gma VIcker Date \ ~- \ ~-cro Date jl--/5"-(j() -~''''\ffi , ...,. ,,~, ,.. h,i,Il'llll'"