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HomeMy WebLinkAbout00-03315 .I> . , ',---"", . . . ~. 00 'J'ifiHl ". I . , . , . " . . . . . . . . . . . . . . . . . . . . . . . . OJ . l1 . [1 . il I;! . ., ,,1 :.1 :1 1;1 . . . . . . . , . 11 1'1 :j " ;) . . . . . . . . . . . . . . . . . . . . . . J. . . . . HONOTARY . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . . . . ;+;;+; ;+;;+; ;+; ;+;;+; ;+;;+; ~;+;;+;;+;;+;~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF SHERRY L. KERSTETTER VERSUS . DOUGLAS A. KERSTETTER . . . . . . . . AND NOW, . DECREED THAT SHERRY PENNA. No. 00-3315 Civil DECREE IN DIVORCE it3=30f, 2001, IT IS ORDERED AND PLAINTIFF, . . AND DOUGLAS A. KERSTETTER , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; . The Marital Settlement Agreement dated December 1r 2000 . . is incorporated herein by reference thereto. . ~"" L,~ ,--, - , ~" , , MARITAL SETTLEMENT AGREEMENT 87 ~ TillS AGREEMENT, made this J day of /)eC1!.-rt7 ,2000, by and between - SHERRY L. KERSTETTER, of Franklin town, York County, Pennsylvania (hereinafter referred to as 'WIFE") and DOUGLAS A. KERSTETTER, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on November 21,1980 at Camp Hill, Cumberland County, Pennsylvania; WHEREAS, the following child was born during the marriage: Josiah B. Kerstetter, born January 24, 1983; WHEREAS, 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, and the parties hereto are desirous of settling fully and fInally their respective fmancial and property rights and obligations as between each other, including, without limitation by specifIcation: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by one 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavOT to molest the other, nor compel the other to cohabitate with the other, or in any way harass ,. ''''-':-A,: . or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered. to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania on May 30, 2000 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express heir intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, cOuntry or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgrilent, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the .~ .="~- ~. ,-,~ ~" ... '. "-, J,,'.( . parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defmed as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which 'shall be defmed as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim 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, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support, or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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 .' .'- >, . '1: owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENT A nON BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire, counsel for WIFE and Johnna J. Deily, Esquire, counsel for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective fmancial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGA nONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the - -'- .. ", ~-- ~"~ other may be liable. Each party shall indemnify and hold hannless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effecHo this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property. which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DMSION OF REAL PROPERTY: The parties jointly own real estate situate at 16 South Baltimore Street, Franklintown, Pennsylvania. The parties agree that a Special Warranty Deed shall be executed and held in escrow transferring ownership of the property from Sherry 1. Kerstetter and Douglas A. Kerstetter to Sherry 1. Kerstetter, individually. Said deed shall be held in escrow pending satisfaction of the mortgage. It is expected that said mortgage will be satisfied in roughly five (5) years. 13. BANK ACCOUNTS: HUSBAND and WlFE acknowledge that they each possess certain bank accounts and the like in their respective hames. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. . PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND has retirement benefits. HUSBAND and WlFE agree to sign a qualified domestic relations order immediately upon WlFE'S request which allows WlFE to receive Forty-Five Thousand and 00/100 ($45,000.00) Dollars from the ABF Freight Pension of HUSBAND. WlFE shall be entitled to a pro rata share of gains, losses and expenses from the date of execution to the date of distribution. WlFE thereafter, waives any right or interest she may have in the retirement accounts of HUSBAND. 15. MOTOR VEIDCLES: With respect to the motor vehicles owned by one or both , .,- . -~ .'m' of the parties, they agree that any vehicle in the possession of either party shall become the sole and . exclusive property of the party in possession. The parties shall execute the titles necessary to transfer ownership of the vehicles in compliance herewith. . 16. AFTERcACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. CUSTODY: Primary physical custody of the minor child shall be in WIFE. The parties shall share legal custody. Periods of partial physical custody and visitation of HUSBAND shall be at times as mutually agreed by the parties. 18. HEALTH INSURANCE: HUSBAND shall maintain health insurance for the children. The parties shall share the uncovered medical expenses in an amount in proportion to their mcomes. 19. INCOME TAX: 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 fmally 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. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the tranSfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. '...- ..' ,'" 'U L 21. ALIMONY: HUSBAND shall pay WIFE the sum of Nine Hundred and 00/100 ($900.00) Dollars, per month, for twelve (12) months, Nine Hundred Fifty and 00/100 ($950~00) Dollars, per month, for months thirteen through twenty-four (13-24) and Four Hundred and 00/100 ($400.00) Dollars, permonth, for months twenty-five through thirty-six (25-36). Said sums shall not be modifiable, except upon the death of WIFE, in which case said payments shall cease. Payments pursuant to this paragraph shall be made on or before the first (1st) day of the month for which payment is due, and shall be deemed late if after the fifth (5th) day of any such month. WIFE shall have the right to seek attachment of HUSBAND'S wages in the event oflate payment pursuant hereto for so long as HUSBAND is obligated to provide support to WIFE pursuant to this agreement. He agrees to designate WIFE as irrevocable primary beneficiary of a life insurance policy insuring the life of HUSBAND with a death benefit as of the date of execution of this agreement of Twenty- Seven Thousand and 00/100 ($27,000.00) Dollars. HUSBAND shall continue such coverage thereafter in an amount representing eighty-five (85%) percent of the aggregate outstanding gross balance of alimony payments remaining due and payable pursuant hereto. Furthermore, so long as HUSBAND is bound hereunder, he shall: a. Promptly pay all premiums on the policy; b. Not create a lien on, not pledge, nor borrow against said policy; c. Not change the designationofWIFE as primary beneficiary; d. Not change the method of payment of the principal sum to WIFE as irrevocable primary beneficiary; and e. Submit to WIFE within thirty (30) days of the date of execution of this agreement, a copy of said policy. Should the policy provided for herein not be in force and affect for any reason at the time of HUSBAND'S death, and should WIFE be entitled to receive proceeds, then in such event, WIFE shall be entitledto make a claim against HUSBAND'S estate for the amount of proceeds for which she would have been entitled to receive if the policy would have been enforced. Nothing in this paragraph, however, shall relieve HUSBAND of his obligation to maintain the policy as provided for herein. 22. CHILD SUPPORT: HUSBAND shall pay to WIFE as child support, Four Hundred and 00/100 ($400.00) Dollars, per month, until the parties minor child Josiah B. Kerstetter, reaches ::E!~ ~~ ~ . ~ ~. - ,,~ ' his eighteenth (18th) birthday or graduates frem high school, whichever occurs last. 23. ATTORNEY'S FEES: HUSBAND agrees to contribute Five Hundred Fifty and 00/100 ($550.00) Dollars toward the filing of the divorce and obtaining the QDRO. Said payment shall be made directly to WIFE upon execution of this agreement. . 24. EFFECT OF DNORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's 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, and 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 such interests, rights and claims. 27. 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. 28. AGREEMENT BINDING ON HEms: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - -,.:..",: . 30. 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. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. 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 Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 33. 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 performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the ,.'~-,' ~' .' ,~ .. ',", ... '. Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL) WITNESS SHERRYL.KERSTETTER WI~W' ~"............ 'i..M...I>"""1iirIIl!i8l.1jja't.......~W j iil:aiJllli:MI!iIlillW;\;ltSlftiljlt/l,illilll!/!iQLlllllIii.YWL!ID~ .- ... '-' lr"'!ilil_~ Ja~~llloIiIlIiIl"i;;1~!III~~~ld.~~I"lr~-<'~' ~ ."-' , ., (") 0 0 ~ .T! ,,-- '- :;:;:! ~~l "'" i;h.:n z -gf.; t;s;: u::> "Y 2z 0 ,<0 -+9 " ~.~ ;;:8 ::E j>. r:l Q ~ ?6 eN -< - ,. 'c ~ '._.~~ "'1Ii'-' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERRY L. KERSTETTER * Plaintiff * NO. 00-3315 Civil Term * vs. * CIVIL ACTION -LAW * IN DIVORCE DOUGLAS A. KERSTETTER * Defendant * PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY Transmit the record, together with the following mfurmation, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: certified mail, return receipt requested on June 8, 2000 3. Complete either paragraph (a) or (b) (a) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by the Plaintiff: December 12, 2000; by the Defendant: December 1, 2000. (b)(1)Date of execution of the affidavit required by ~3301(d) of the Divorce Code: (2) Date of filing and service of the Affidavit upon the respondent: Plaintiff: 4. Related claims pending: Any and all related claims have been settled per the terms of the Marital Settlement Agreement dated December 1, 2000. - ....<I.>il.. , .._~-~.'~_'.~~ 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit the record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in g3301(c) was filed: December 12,2000. Date Defendant's Waiver of Notice in g3301(c) was filed: December 1,2000. 6. Plaintiffs Social Security Number is 182-38-8082. 7. Defendant's Social Security Number is 196-48-4680. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. ~t?i~ by: Timothy, . , sqUIre Attorney ill No. 77944 Attorney for Plaintiff 1 South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 Date: January 17, 2001 - " ,--~ ,'- ~ . ;',' l~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERRYL.KERSTETTER * Plaintiff * NO. 00-3315 Civil Term * vs. * CIVIL ACTION - LAW * IN DIVORCE DOUGLAS A. KERSTETTER * Defendant * P A RULE OF CIVIL PROCEDURE 236 NOTICE is given that a Final Decree in Divorce in the above-captioned matter has been entered against you on the day of ,2000. Patricia A. Funt Prothonotary of Adams County IF you have any questions concerning the above case, please contact: Timothy J. Colgan, Esquire Attorney for Filing Party Wiley, Lenox & Colgan, P.C. One South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 "~ -._, ,~, ""'IIiliiiM., . ' SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE: January 17, 2001 DOCKET NO. 00-3315 PLAINTIFF SS NO. 182-38-8082 NAME SHERRYL.KERSTETTER DEFENDANT SS NO. 196-48-4680 NAME DOUGLAS A. KERSTETTER .~ ~, '.l~ SHERRY L. KERSTETTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. 00 - .l;3IS C;U~-[ ~~ DOUGLASA.KERSTETTER Defendant CIVIL ACTION -- LAW 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 FAlL 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 ;; A V AlLABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VIE 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 LA WYERREFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~= ~ . ~ ,- , . I."J~i;' SHERRYL.KERSTETTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 6-0, 3J/5' C;;<< r~ DOUGLASA.KERSTETTER Defendant CIVIL ACTION -- LAW DIVORCE COMPLAINT I. The plaintiff is SHERRY L. KERSTETTER, who currently resides at 16 South Baltimore Street, Franklintown, York County, PA 17323, since October 1983. 2. The defendant is DOUGLAS A. KERSTETTER residing at 67 Winchester Gardens, Carlisle, Cumberland County, PA 17013 since November 1999. 3. There is one minor child of the parties: Josiah B. Kerstetter, d.o.b. 1/24/83. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married November 21, 1980 at Camp Hill, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not .~ -- request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The marriage is irretrievably broken. 11. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 12. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. COUNT II REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3502(a) OF THE DIVORCE CODE 13. The allegations of Paragraphs one (1) through twelve (12) are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have individually or jointly acquired real property and personal property during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to ~3502(a) of the Divorce Code. COUNT III -- ALIMONY 15. Paragraphs one (1) through fourteen (14) are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. ~ - ."~ .' " '0' 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor. COUNT IV -- ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 18. Paragraphs one (1) through seventeen (17) are incorporated herein by reference as though set forth in full. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until fInal hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, Dated: 5"- U-tO ;t~ Timothy J. . uire THE WILEY GROUP Attorneys at Law 1 South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 !.D. #77944 -.II' ~. ~- , - " '"~ .~ .;- . VERIFICATION I, SHERRY 1. KERSTETTER, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. 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: S- ~ c2 (; - O() ~/l~;t; ~td;;{_ SHERRY RSTETTER Plaintiff s: ICLIENTSICOLGANlKERSTEmCOMPLAIN. WPD ,.;.. , ~ ~..4t, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRY 1. KERSTETTER Plaintiff vs. * * * * * * * * * NQ. 00-3315 Civil Term DOUGLAS A. KERSTETTER Defendant CIVIL ACTION -- LAW DIVORCE AFFIDAVIT OF SERVICE I, Michele A. Reneker, being duly sworn, deposes and says that she is an adult and that she served the within citation by mailing the complaint and order to appear to the defendant's last known address by both regular and certified mail on June 8, 2000. The certified mail return receipt dated June 12, 2000 is attached hereto as Exhibit A. THE WILEY GROUP Attorneys-At-Law By: /l!r&C~ Michele A. Renker 1 South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 Date: - '" .~C({rrip(el~i\.ifu.-1, 2, and 3, Also co;";p"'te it6iif4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back ot the maitpiece, or on the front if space penn its. ~;~:;to:4. ~/A-~I (p 7 tU/tfYth€'si-er ~t?: (!:;1&.ISct;O;J. 17() IJ "D. Is deUvery adck'ess different from item 11 0 Yes If YES, enter delivery address below: D No 3. Service Type \Q'(' Certified Mail 0 Express Mail /[] Registered 0 Return Receipt for Merchandise- D Insured Maif 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ArtIcle. Num,b, er9y. frpm..se~.~ i ..Ia..be.I),~. 9.' 7D9t tll.l.1c1rt)!ki . ,Pq FO~'T\~~11, ,J1UIY; 1~!I' : i~o~c Return Receipt "':' '\',','. --\'.. -----------,,-._----,_._---- - , 'O{,. ".n' I!i.f.X.o ~' "-' , ~ -i( c.iJ'\ : " - ;, : 102595-99-M-1789 EXHIBIT "A" " _ _1 .-.- . + ~-=".~ - ~ '. .............~k~ ~" " ~J "'d~ " ....~, - . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERRYL.KERSTETTER * Plaintiff' * NO. 00-3315 Civil Term * vs. * CIVIL ACTION - LAW * IN DIVORCE DOUGLAS A. KERSTETTER * Defendant * AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~330l(c) of the Divorce Code was filed on May 30, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. I;; - );}-oo Date ~~~ SHERRY~.KERSTETTER Plaintiff ~ ';j"'-~ =C~""""""'L. .~ -1Ill11"" ,- '~ " ~~C'<"C. -- ,i ll.t'.r:~ ~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERRYL.KERSTETTER * Plaintiff * NO. 00-3315 Civil Term * vs. * CIVIL ACTION -LAW * IN DIVORCE DOUGLASA.KERSTETTER * Defendant * W AlVER OF NOTICE OF INTENTION TO REOUEST 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 in 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 made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. /;;2 - / iJ. -au Date J1iW:i~ SHERRY . KERSTETTER Plaintiff ,..- . , ~~~ " . ~ - ~ -,- . I , ~",..;"",.l__""";'"; . .. "'" , . , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERRY L. KERSTETTER * Plaintiff' * NO. 00-3315 Civil Term * vs. * CIVIL ACTION - LAW * IN DIVORCE DOUGLAS A. KERSTETTER * Defendant * AFFIDAVIT OF CONSENT 1. A complaint in Divorce under !l3301(c) of the Divorce Code was filed on March 29, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. !l4904 relating to unsworn falsification to authorities. /;)0/000 Date ~l~. . DaD A A.. R TETTER Defendant IT '" .;..;.,,' ~ . ~ ~"" . ~"'"'- i;~~ . ~ . .. ,.. . ' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SHERRY L. KERSTETTER * Plaintiff * NO. 00-3315 Civil Term * vs. * CIVIL ACTION - LAW * IN DIVORCE DOUGLAS A. KERSTETTER * Defendant * WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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 made herein are subject to the penalties of 18 Pa. C.S. g49Q4 relating to unsworn falsification to authorities. ~1\ . '.' ~~~~ DOUGLAS A. KERSTETTER Defendant };1.-/-00 Date , ,~"",' , SHERRY L. KERSTETTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. DOCKET NO.: 00-3315 Civil Term DOUGLASA.KERSTETTER CIVIL ACTION -- DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 MODEL DOMESTIC RELATIONS ORDER I. Identifying Information 1. The Participant is Douglas A. Kerstetter. The Participant's social security number is 196-48-4680. The Participant's address is 67 Winchester Gardens, Carlisle, Pennsylvania 17013. 2. The Alternate Payee is Sherry L. Kerstetter. The Alternate Payee's social security number is 182-38-8082. The Alternate Payee's address is 16 South Baltimore Street FrankIintown, P A 17323. The Alternate Payee's date of birth is 9/25/55. 3. The parties were married on 11/21/80 and divorced on January 24, 2001. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Benefits 1. The Plan shall pay to the Alternate Payee $45,000.00 from the Participant's Retirement Income Plan 1987 as of December 1, 2000. 2. The Fund shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in '-"- ~ A-;', 1. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her/his benefits in the event the Alternate Payee should die prior to receiving all of her/his benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. Note: Generally the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. III. Other Provisions 1. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) ofthe Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Part,icipant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate l."",",~" I ~ ~ ~'-'-r&i~ " Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. BY ooJvkl-. $ 0 I '7.()0 \ J. ~ .<"~~ ,," '. D\ V\' ,'? ,\) \ ~. '" . --'~(j>____iW1lS~~~lm!illil~<i!z;fB1i:~!jjjt~;..;f;ij(;JlIlI~ibiMi;~ "".._-.. >- S'l:;; ~ I_J._~ :~:- ;.~ ;" ~" - "-- ~ en c--..' CO ?:: z 8~~ ,r=l~j '<~;~~ ::.C:Z: ;,L.1al :1.JCl.. .~::> :-3 C> ;2 C'O ,-~ u o c) ..~.,<. -~ - .". < ,"",'-" lilitiilillil .~.~"". ,~- ..........,.,'ill... ~.~" ~'"""",. .. ~,' ... > L ~ .;: ill" SHERRY L. KERSTETTER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. DOCKET NO.: 00-3315 Civil Term DOUGLAS A. KERSTETTER CIVIL ACTION -- DIVORCE MOTION FOR OUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYL VANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 AND NOW comes Sherry 1. Kerstetter, by and through her attorney, Timothy J. Colgan, Esquire and files the instant Motion for Qualified Domestic Relations Order for the Central Pennsylvania Teamsters Retirement Income Plan of 1987, and in support thereof avers as follows: I. The parties agreed through a Property Settlement Agreement executed December I, 2000 and filed with the Court on January 19,2001 that Sherry 1. Kerstetter shall receive from Douglas Kerstetter's retirement income plan with the Central Pennsylvania Teamsters the sum of $45,000.00 2. The Central Pennsylvania Teamsters require an Order containing the following information: A. IdentifYing Information: The Participant is Douglas A. Kerstetter. The Participant's social security number is 196-48-4680. The Participant's address is 67 Winchester Gardens, Carlisle, Pennsylvania 17013. ~"" , I.ilii.r~,-: B. The Alternate Payee is Sherry 1. Kerstetter. The Alternate Payee's social security number is 182-38-8082. The Alternate Payee's address is 16 South Baltimore Street Franklintown, PA 17323. The Alternate Payee's date of birth is 9/25/55. C. The parties were married on 11/21/80 and divorced on January 24,2001. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 3. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit of $45,000.00 as of December 1,2000. 4. The Fund shall separately account for the benefits awarded in Paragraph 1 ofthis Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in paragraph 3 above. 5. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 6. The Alternate Payee may select a beneficiary to receive herlhis benefits in the event the Alternate Payee should die prior to receiving all of herlhis benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the '. Alternate Payee's estate. 7. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. 8. Generally the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. 9. This proposed Order submitted with this motion is intended to constitute a qualified domestic relations order within the meaning of section 414(P) of the Internal Revenue Code of 1986, as amended and section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 10. It is the intent of the parties that the Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. ll.lt is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. WHEREFORE, Petitioner respectfully requests this Honorable Court Order the payment of $45,000.00 plus the proportionate share of net income, loss or expense from December 1, 2000 to Respondent in accordance with the terms of the plan as provided by the Central ." Pennsylvania Teamsters. Dated: /0 - 2-'1-(;)( . '. " Respectfully submitted, Tim~~~~ vnLEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 LD. #77944 -< -,-- ~~, J:i:l. - ~~'-. ...,,~, " CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Ru1es of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Johnna J. Kopecky Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Date: 10-2,/-'1 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorneys at Law By. T~~re Supreme Court J.D. #77944 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ,C., ,~ '-""&:IU.li~~~~~lJ;WM~iI~ ~-~ - --~."-, ~ '-' - ~ ...-~~_....~ " ..--." ~_.~"c..~t>l ," , - ,- ~-" () C- ? ;:g rjJ _~JlJ en),. --:'" ~'~:, r-'i~" ~.~' -""C\ ZC' '" J --C Z --i -< . r:-? .,:j (j, o a n --< N <..n o ." :.=-j ::;-~ ~-!:! :~i;~ " .~~ ~ft) :JJ -< ~ "