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Home My WebLink About00-01927 . . . . . . . "'''':+i:+i . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . . il.U 1o~ft'\ ~ . . OF CUMBERLAND COUNTY STATE OF PENNA. . SHERI L. PUNT, Plaintiff No. 2000-1927 VERSUS BRIAN A. PUNT, Defendant DECREE IN DIVORCE . AND NOW,~ 2.- CIVIL , 2001, IT IS ORDERED AND DECREED THAT Sheri L. Punt AND Brian A. Punt . ARE DIVORCED FROM THE BONDS OF MATRIMONY, . PLAI NTI FF, 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 BEe:N ENTERED; The Marriage Settlement Agreement dated March 7, 2001 is . hereby incorporated into this Decree in Divorce. . :+i :+i:+i :+i:+i :+i :+i :+i :+i:+i :+i:+i:+i:+i:+i:+i "':+i "':to 4~ . " -- ~ ~ .,-"-' , -'-',. ,-,- '.-'< . PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . ~~ ~;.;..,,~} ~-.1llliI:l " - ~ '';'''h,~~.illll~'';'"~ -..~ .3 .7.0;2. .3' 7A) ~ :1 ,'-<- ""'" ~"- :,...~ . \. " ~, , , W t'rh--,,~. ~ ~ _.hf ~ 71~~'~~ It ;r~ t MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 7)'1. day of lYIa;-c J.. , 2001, by and between Brian A. Punt, (hereinafter referred to as "Husband") and Sheri L. Punt, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on March 15, 1985; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Lindsey Ronay Punt, born October 6, 1988; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant 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 party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness~o~f.thecauses leading to their living apart. 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. ",- -'." ,,-, <~. - - ,-',-. ,-.,,-.c-,..,.- ,,, 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES The parties are the owners of a 1995 Honda Passport and a 1997 Toyota RV-4. The Husband is to be the owner of a 1995 Honda and Wife is to be the owner of the 1997 Toyota. Husband shall have all right and title to his vehicle. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to her vehicle and shall maintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. Each party shall make reasonable attempts to secure a loan or refinance their vehicle so as to remove the other from any liability for the current lien on their vehicle. 5. DIVISION OF REAL PROPERTY __ The real estate owned by the parties as ~ tenants by_ the entireties situated at 42 Pine Ridge Court, Enola, Cumberland County, Pennsylvania shall be conveyed in fee simple to the Wife. Wife shall assume full responsibility for all maintenance, taxes and the payment of the existing mortgages and notes. Wife shall indemnify and save Husband harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home, In the event the house is sold, Wife shall receive any and all proceeds from the sale of the house and alternatively, she shall be liable for any and all deficiency related to the sale of the home. Husband waives any and all right or interest he may have in the marital home. If Wife remarries or cohabitates with a member of the opposite sex, she shall, within 90 days, refinance or sell the property so as to remove Husband from any contingent liability on the current mortgages. 2 ,., ___~_"',___.~ ,_, _~,. .,r _ "_ "; ~. -- '~"', "'-~-~ ,'"", . -'.--, 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts, stocks, bonds, joint ventures, businesses and other investments, specifically including race horses. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, j oint ventures, businesses, real estate or other investments. Within 30 days of execution of this MSA, Husband shall pay Wife $10,000.00 as her equitable share of Husband's financial accounts, stocks, bonds, joint ventures, businesses, real estate and other investments. 7. PENSION/RETIREMENT Each party has substantial value in their respective pension/retirement accounts. Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 8. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Wife agrees to be responsible for the mortgage and home equity loan on the marital home. 9. SHARED CUSTODY The parties agree that they shall share legal custody of the child. This means that the parties shall consult with each other regarding the major parenting decisions affecting the children's health, education and welfare. Primary Physical Custody shall be with Wife subject to Partial Physical Custody to the Husband as the parties may mutually agree. Neither party is to take the child outside the Commonwealth of Pennsylvania without notifying the other. Such notice may be by telephone, in writing or in person. 3 " . --- . -. '0" .'_"_':'-'" _ -"~ ~. ,~ ;-~' ,~-_.~ m'" - . . 10. CHILD SUPPORT Husband agrees to pay child support to Wife in the amount agreed to by the parties or if an agreement is not reached, as determined to be appropriate by the Domestic Relations Office or a court of competent jurisdiction. Wife shall be responsible for providing medical coverage for the child as long as such medical coverage is available, at a reasonable cost, as part of the Wife's employment benefits. However, if husband can cover the child through his employer at a cost less than Wife, Husband shall cover the child and Wife shall reimburse Husband for her prorated share of the cost of the medical coverage. Wife, as the custodial parent, is responsible for the first $250.00 of each calender year's unreimbursed medical expenses. Any additional medical expenses shall be prorated pursuant to the Pennsylvania support law. Their child's activity fees and costs shall be prorated in accordance with their relative incomes. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by the Domestic Relations Office or Court of competent jurisdiction. 11. ALIMONY up any alimony. Each party hereby waives, releases, discharges and gives rights either may have against the other to receive 12. JOINT FILING OF IRS RETURN Husband and Wife agree to file separate tax return for tax year 2000 and all subsequent years thereafter. 13 . DIVORCE Wife filed a Complaint in Divorce on March 9, 2000, docketed at No. 2000-1927 CIVIL TERM in Cumberland County, Pennsylvania. The parties agree to cooperate with each other in obtaining a final divorce of the marriage under section 3301(c) or(d) of the Divorce code. 4 ". ~, _."'~,c"., " ,.~-,- .'or ~>- ~ " ,,< . ~ . , 14. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Decree in Divorce. 15. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 16. BREACH 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 17 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 18. WAIVER 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, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 5 .'.,."'- ~ " ',1 _ ". "', -" ~~ eo_"_ . , 19. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 20. MODIFICATION AND ~IVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as 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. 21. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 22. 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. 23. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 24 . APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. WHEREOF, the parties set their hands and seals 1kn~ l) ~ Witness d?,/(n!()/ Date ~~H' $?d~ Witness 03/0fJ,/O/ I I Date Sheri L. Punt 6 . " ,>'^ _~'~, '. '" (~'" ___ ^ >;e_" "c.. "r,- _" ,- ", _ _ _,"> .: <' ." " "_" _-; _, - ,. -., - ",.-- -',,- " . . " l Commonwealth of Pennsylvania: County of ~~ ss PERSONALLY APPEARED BEFORE ME, this ~!lt{ay of this rrtJ./l.1J;1 , 2001, a notary public, in and for the Commonwealth of Pennsylvania, Brian A. Punt, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .~~nffl Not y Pu c I (f Commonwealth of Pennsylvania: Notarial Seal Jennifer s, Lindsay, Notary Public Carlisle Boro, Cumberland County My Commission Expires Nov. 29, 2003 I Member, Penns'YNaniaAssociationot Notatle~l ss County of Cu.",'ber/<l.I1J PERSONALLY APPEARED BEFORE ME, this ?ihday of thisY71~ , 2001, a notary public, in and for the Commonwealth of Pennsylvania, Sheri L. Punt, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein conhined. JA.oAA 'f!j .1k1J Nota_1 . NolarfalSeal LeoIaM. Gould, NoiaIy PublIc ShlremanstownBo!O. Cumb8~andQounly MvCommlsslon Expires Mar.27, 2004 Msmber. Pennsylvania Association 01 Notaries 7 . :: -" ". ,',_. -."~'--' ,"~~ . '."-,-- '1"_, _C""";"'_ .,' ~" ~ c_,_. d, ~""'., ',," ~ '.' , "'l~~ C1 ~;. C' '-_.; ~ ~ ,,' . 'I " '1 ~,) r.....) ,'0 -.J ~~ ~:~ .:_) ,-11 :.-;::;! 5J -< PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, v. NO. 2000-1927 CIVIL TERM BRIAN A. PUNT, IN DIVORCE DEFENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: On April 1, 2000 by u.S. Postal Service, Restricted delivery. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, March 7, 2001; By Defendant, October 13, 2001. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on March 9, 2001. \ Date Defendant's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on October 29, 2001. tIl:nn/W ~_ ~ Thomas D. Gould, Esquire Attorney For Plaintiff ". o. ,',""" _, .. ~,~,.' ...,__~, . -"'-"--' . ~, -, -- ~.- . ,I ! ....... "i"" ~~""" r~ .., , " -oc,:..,- n-'r-;-' ~t ,.il>- J-.- s:: .'r=-;r~ :~~(--- >....' ~~ ~_~r~~~~,,~..,._ ~~~,lr~J!'1:m',.,.,~~~.~~~ Cd c. ~ ~:~ -n ,'1 ',:':1 :".) 3 . .c '. ;,,-) ~ '0 0:" ~~_Jl!lJm!.I!JiI'~Ull!!IIIII~! . PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, v. NO. 2000 -/<;.i7 CIVIL TERM BRIAN A. PUNT, IN DIVORCE DEFENDANT 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator I s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ~_,"_, _m ,.,~ , ,-'~ -, .-" .,-" SHERI L. PUNT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - /9Cl7 CIVIL TERM BRIAN A. PUNT, IN DIVORCE DEFENDANT COMPLAINT UNDER SECTION 3301(0) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Sheri L. Punt who resides at 42 Pine Ridge Court, Enola, Cumberland County Pennsylvania 17025. 2. The Defendant is Brian A. Punt who resides at 9 Matthew Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 03/15/84 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. , ~--,-- - 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. CLAIM I Claim for Equitable Distribution of Marital Property 9. Paragraphs 1-9 are incorporated herein by reference hereto. 10. The Plaintiff and Defendant are owners of certain jointly owned property or other property which constitutes marital property. 11. WHEREFORE, Sheri L. Punt requests this Court to enter an Order equitably dividing or assigning the marital property between the parties. CLAIM II Claim for Al.imony, Al.imony Pendente Lite, Spousal Support and Attorney Fees 12. Paragraphs 1-11 are incorporated herein by reference hereto. '!' , "... 13. Sheri L. Punt is without sufficient income and/or assets to support herself or pay attorney fees and is unable to fully support herself through appropriate employment. 14. Sheri L. Punt requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE Sheri L. Punt requests this Honorable court to enter an award of reasonable temporary or permanent support, alimony, APL and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter for attorney fees and other costs related to this action. ~tVlD. ~ Thomas D. Gould Attorney for Plaintiff 1.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ':;: , , ~ ,~ " ,'" . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 3/!2q/ (}() P?f!i!:::- ""', '--,_." L PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, v. NO. 2000-1927 CIVIL ACTION BRIAN A. PUNT, IN DIVORCE DEFENDANT AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail, certified, restricted delivery, on March 30, 2000, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the postal return receipt attached hereto, the Complaint was received by the Defendant on April 1, 2000. ~:b ~1 Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 . . "., -- ,__, ":" .. .,' - ,-~ c._ . 1 - ~ 'I.' ,~""" ,- -.,~~-" .. '-".".' <"" . <" .,. ,. ',"",'. . -~ "~ -~. ""'~~-,~ ~~ 0 ""'-=-,. ',~,} c '-, -"" fe" .. ,~ I'j III (I' ___'.J ~ f"-~ .., .',,- r (Jj ,"-..::' -< __0' r;:: ~-.;J ~~ ' . ~ C': ::0' ~~~ !;:" .L.. '" ~< .-J _'~~II'~~~__......~""",_ ~ _All'llin...~ ~_l"I"Il!I!!IQlIIIIJ/itI!lJlIW ~, ~ " .;;; " i!? " e ~ ;;; ~ o al ;; Q. E o o en SENDER: 8m; 1\ A-~ Pun-r "J (V1~et.-J GWI (:0..1' 111~ , ;Off no 1:3 I7tJ : (P 'nt Na;;!1 5 6. Signa re (Addressee or Agent) o '"' .!!! 1 also wish to receive the fol1ow~ Ing services (for an extra fee}: o Complete items 1 andlor 2 lor additional services. Cl:ImpJefe items 3, 4<1, and 4b. o Print your name and address on the reverse of this form so fhat we can return this card to you. o Al1ach this form to the front of the mailpiece, or 0l'1 the back if space does not parmi!. o Write 'Return AeaeJpt Requested" on the mallpiece below the article number. o The Return Receipt will show to whom the arliole was delivered and the date delivered. 3. Article Addressed to: PS Form 3811, December 1994 '5 Address estricted e 4a. Article Number :z.. 353 ~ 3/ 017 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise kCertified o Insured DCOD 7. Date of Delivery t..{-(-<>cl 72- 8. Addressee's Address (Only jf requested and fee is paId) ~ . I'i'"; ...... ~, . ~. . 10259S-99-B-Cl.223 Domestic Return Receipt .,; o ';; ;;; en "it ;;; o w a: ~ E " a: '" c. 7ii " ~ .g " o '"' '" ~ ~ r=. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, v. NO. 2000-1927 CIVIL TERM BRIAN A. PUNT, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 9, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (901 days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 3/7/dJ id-/!./V ~ SHERI L. PUNT ,.. . -, .~-_. --'-~-, ~-~ '-"","-.' ~, ~ - -~ ~ I. . ~".~" "~, -.).-- --,~ 1<' - 'r .",-!!!IIl' ,~,_, c , " h~ ." -" -,," ~., .. ~ C 0 -:" ~ ~ f~~;il ::0 I "6'" ~~ \.Q :i-C) r) .!. ~o -0 ~'T! ~o ::!i: 0-15' :sO ':':-' <m C 0 ~ ;::;, 5;! =0 (.oj -< ."""' ,,0., _ "~." " ,~ PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, v. NO. 2000-1927 CIVIL TERM BRIAN A. PUNT, IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 3/'7)DI ,Wr! /;g SHERI L. PUNT - ""-,,c-,"":, "'''. "",-"~-,,... _"""'"'_~=_H, ~~L' ",f""'!!"'!--, ,-", d_~~ " - ,""" " !!l .. ,.~.,,,.,""'''' ",,~ ~,^,,- ,~.. - ~~ r' ~ ~" ~" ""","",~'''''". -""'_.~ '~'r ., ~. ~-, , ._, ~ _.<.~ ~ 0 ~ ::E: --{ ",. ~r:--n 2m ::0 f'1)p: ::t' I .:C'-tg ~~ \P JJ , ,-'-~ J..". .:::{~!. ~o -0 I:1j ~o ::!l: 00 :;;;0 ~ 15m c: ~ z 0 ~ w -< ,~~IIl, ,~, _ ~ 1T~ .,e, , r,- ".,,~~I!l Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, v. NO. 2000-1927 BRIAN A. PUNT, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY lbF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVOR.CE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 29, 2000. 2. Defendant has accepted service of the Complaint filed in this matter. 3. The marriage of the 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 subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: W, 13 I '2lX>1 ~0W- Brian A. Punt . ,,~, h ) "" >_ _ , "-. '.-'" " '"1;h, ;~ ~I ! ~'-' '".-- l~ ", .p " I (') C '2:: -063 fflrr ~S' -( ...:,~- !== C7 ~~ --, ~t:, ~ >~ : :~ . rt ~ }tJl!ll, . '" ~,' ,.....-:~ . - "' ~~ ~ .~ ",. __"._J< C) o C'J ..-.f ii.,) '.0 ,,-~- _.....~~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1927 SHERI L. PUNT, v. BRIAN A. PUNT, Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Dear Curtis R. Long: Please enter my appearance on behalf of the Defendant, Brian A. Punt, in the above-captioned action. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~t~. David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 DATE: )./ / D / fr1J . . \._-- .. . 11 I', SHERI L. PUNT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-1927 Plaintiff v. BRIAN A. PUNT, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on April '5', 2000, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, Pennsylvania 17011 ~d~. David A. Baric, Esquire Date: April S' , 2000 I~ " ij 'I tJ ,i il " ii h: " fl 11 i,'ll v II II !1 (; tj ii "i :i !J II !., ::1 ij I ~ ;;1 !,l I'"~ 1,1 i, , , I fl \i .. SHERI L. PUNT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-1927 CIVIL TERM BRIAN A. PUNT, CIVIL ACTION-LAW IN DIVORCE Defendant ORDER OF COURT AND NOW, this --11- day of tI/1vd---, 2001, the attached Qualified Domestic Relations Order As Stipulated By The Parties is hereby approved as a Qualified Domestic Relations Order. 1. ./ BYHE CO ( , Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, P A 17011 David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 ~ ~ ~,/7vOJ ~, - ~ " VINV/\7,1SNN3d J "Inn-, n", r" '~N'vn /\.1..1\ ;'J1j 'j:'.;,~, I'~]:J(~V :J 20:5 N~ L I 3nv f D AIN10j\i':" ",,;, :., ~() :16fL!(j~~~'~~J7/j -", .~\., ,.-- --... ..-. ,","'-",." '"' -~ ' , ,'~ ]'_n,,-_ 'I ~~-~~,-,," -" ""~. ~"" ~'O~~ """",." ,,-',,-"'l' '"Ii -',. ~...'- .,.. II. 'MII.__ _ ~ I,i , .... .. . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHERI L. PUNT, v. NO. 2000-1927 CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE BRIAN A. PUNT, QUALIFIED DOMESTIC RELATIONS ORDER AS STIPULATED BY THE PARTIES THIS MATTER having come before the court on , upon Motion of David A. Baric, Esquire, Attorney for the Defendant, Brian A. Punt, and the court having considered the pleadings filed and the court having directed in an Order entered by the Court on , that a Qualified Domestic Relations Order be entered distributing to Plaintiff, her share of Defendant' s Lear Corporation Salaried Retirement Savings Plan and for good cause shown: IT IS on this day of ,2001: ORDERED that: 1. This Order is intended to be a "Qualified Domestic Relations Order" as defined in Section 414 (P) of the Internal Revenue Code of 1986, relating to the provision of child support, alimony payment so marital property rights. This Order is intended to recognize and create the right of Sheri L. Punt (the "Alternate Payee") to receive a portion of the vested benefits payable with respect to Brian A. Punt (the "Participant") under the Lear Corporation Salaried Retirement Savings Plan (the "Plan"). 1,\ ~ - 2. The full name, last known mailing address and social security number of the Participant are as follows: Name: Brian A. Punt Address: 9 Matthew Court, Carlisle, Pennsylvania 17013 S.S.#: 181-42-8370 3. The full name, last known mailing address, social security number and date of birth ofthe Alternate Payee are as follows: Name: Address: S.S. #: Sheri L. Punt 26 Nathan Drive, Enola, Pennsylvania 17025 180-58-2291 Date of Birth: January 18, 1964 4. The name of the Plan to which this Order applies, and the Sponsoring Employer and Plan Administrator of the Plan are as follows: Name of Plan: Lear Corporation Retirement Savings Plan Sponsoring Employer: Lear Corporation Plan Administrator: The Employee Benefits Committee of Lear Corporation 5. The amount of the Participant's benefits to be paid by the Plan to the Alternate Payee, the manner in which such benefits are to be paid, and the number of payments or period to which this Order applies are as follows: An amount equal to $13,000.00 of the Participant's vested benefits under the Plan, segregated from the Participant's account as of the date of the Order attached this Qualified Domestic Relations Order As Stipulated By The Parties, shall be distributed in one lump sum ~',i ~" ' " '" ,,~.o .o,,,"'_'~ '^"!'_','_~",_,,,"",_"~__,~=~ .~_7,,""__ ~,~, ~"" _ ~. ,,~ ~-Y _~ .~ - ii ~. T . .' payment to the Alternate Payee as soon as practicable following the date of this Order, such payment to represent the provision of child support, alimony payments or marital property rights of Alternate Payee. Such payment shall reflect the account's earning experience until the date of distribution. All subaccounts will be apportioned on a pro rata basis. Alternate Pavee's Death. To the extent permitted by the Plan, Section 414(P) of the Code and Section 206 (d) of ERISA, 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, provided, however, that once the Alternate Payee's interest has commenced to be paid to the Alternate Payee, the form of benefit elected by the Altemate Payee shall determine whether any amounts are owed 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. Ifthe Alternate Payee fails to designate a beneficiary to receive payment of the Alternate Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death, such amount shall be paid to the Alternate Payee's estate. Participant's Death. The assignment of benefits to the Alternate Payee pursuant to the domestic relations order shall not be reduced, abated or terminated as a result of the death ofthe Participant. Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to the Participant's benefits under the Plan uuless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. - !I -""'. .' . .' 6. Nothing in this Order shall be construed to require (i) the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) the Plan to provide increased benefits, or (iii) the payment of benefits to the Alternate Payee which are required to be paid to any other Alternate Payee under any other order determined to be a qualified domestic relations order. 7. A certified copy of this Order shall be promptly submitted by the Participant or his counsel to the Plan Administrator of the Plan. ~~. ~ut Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 David A. Baric, Esquire O'Brien, Baric & Scherer I 7 West South Street Carlisle, P A 17013 (717) 249-6873 Attorney for Plaintiff, Sheri L. Punt Attorney for Defendant, Brian A. Punt dab.dir/domestic/puntlIear.qdro PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERI L. PUNT, Vo NO. 2000 - '1927 CIVIL TERM BRIAN Ao PUNT, IN DIVORCE DEFENDANT AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERI LEE PUNT"being duly sworn according to law, deposes and says that she is the PLAINTIFF in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered on March 2, 2002 and she hereby elects to resume her prior surname of SHERI LEE WOLAVER and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, PoL. 1063, 54 PA;we~on~ SHERI LEE PUNT To be known as 6ho..r; h.. lAb laJA~r SHERI LEE WOLAVER Sworn and subscribed to rot " :1 'I i, ~ i " '! ./ , ::; . , ,'-" <. 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