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HomeMy WebLinkAbout03-0045 VICKI METZLER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * .- vs. * NO. 03- 00'10 * STEVEN METZLER, * CIVIL ACTION. LAW Defendant. * CUSTODY 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 VICKI METZLER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * --- VS. * NO. 03 - OtO 4.::1 * STEVEN METZLER, * CIVIL ACTION - LAW Defendant. * CUSTODY COMPLAINT UNDER ~3301 OF THE DIVORCE CODE 1. Plaintiff is, Vicki Metzler, who currently resides at 28 Woburn Abbey Avenue, Camp Hill, Pennsylvania. 2. Defendant is, Steven Metzler, who currently resides at 7014 F, Ellinghan Circle, Alexandria, Virginia and spends weekends with Plaintiff and the children at 28 Woburn Abbey Avenue, Camp Hill, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 30, 1981. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. 8. Plaintiff avers that there are two children of the parties under the age of eighteen. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER ~3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, jf both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER ~3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 93323, 93501, 93502 and 93503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER 93502(d) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 19. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER 93701, 93702 and 93704 OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. Plaintiff is unable to sustain herself during the course of litigation. 22. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 23. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VI. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER ~3702 OF THE DIVORCE CODE 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 26. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 27. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 28. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VII. REQUEST FOR CONFIRMATION OF CUSTODY UNDER ~3104(A)(2) AND 3323(8) OF THE DIVORCE CODE 29. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 30. The parties are the parents of the following unemancipated children who reside with Plaintiff: NAME Stephanie Metzler Lukas Metzler AGE 14 10 SEX Female Male DATE OF BIRTH 12/15/88 3/10/92 31. During the past five years, the children have resided with the parties and at the addresses herein indicated. FROM ill WITH WHOM ADDRESSES December 1994 Present Mother and Father 28 Woburn Abbey Avenue, Camp Hill May 1993 December 1994 Mother and Father Cranberry Township, PA December 1989 May 1993 Mother and Father Chambersburg, PA January 1989 December 1989 Mother and Father Hagerstown, MD 32. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 33. There are no other proceedings pending involving custody of the children in this or any other state. 34. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 35. The best interests of the children will be served if custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to 99 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. COUNT IX. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 36. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 37. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 38. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 39. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10 #17441 Date: UJ b~ ATTORNEY FOR PLAINTIFF VERIFICATION I, Vicki Metzler, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: jo/f~ U. 2003 Vicki f:;;,uflV~'; ~~ ~, ~ ~ Lv \J ?v ~ ~ 1 ~ ~ 9J '\' V ~ ~~ '- ~. ~. ~~ (j \'5&:0'\ \ \\\10~ ~ ~~~ , t1 o ,', c-. ... " I C' , :-_J ',.) -< {:_J ~i , . I VICKI METZLER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * G'c.,j L ~">1 V5. * NO. D:?> ... "IS * STEVEN METZLER, * CIVIL ACTION - LAW Defendant. * CUSTODY CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward 1. \Veintraub, Esquire, hereby certify that on January 6, 2003, I served a true and correct copy of the Complaint in Divorce upon Steven Metzler, Defendant, by depositing same, postage pre-paid, Certified Mail, Return Receipt Requested in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Steven Metzler 28 W oburn Abbey A venUle Camp Hill, P A 17011 Steven Metzler 7401F Ellingham Circle Alexandria, VA 22315-4854 Date: ~ (0 )O~ '1Yl A~~ O. cJ Lwai:--J Misty D. Leliman (") 0 ,,..-.... c. W -Ti s: , -0 OJ ::~~ rflfT\ -.... Z:L .,.::A- ~5?, _J r;;C "'0 "- ~O ~ --0 ~ ,") J>C ::;:,; ~ 0 ~ N -w - VICKI METZLER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-45 CIVIL ACTION LAW STEVEN METZLER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Tuesday, February 18, 2003 , the conciliator, at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 170] 3 Telephone (717) 249-3166 ~.~ ,$- r~~) /-JIP :7 /1;;r~ ~ r~fr:L~~)r;) U"\"/I~~SNt43d '1\\,<'1 .", ;-1,\"](,"\\("YJ 'r'-'-,' r 1,"'~., 1"::."".,1 ' 1J}1\ I,\),! \., _) (' Ul \lv ~u ,I.;' ,- ~" , "}, . L:-'\' \. t.J r'Vh'lI\ V t}l\n~:~.": ,.' {V. hr?! [0- hf' ./ FP.,hc>. / VICKI METZ~ER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS No: 03-45 CIVIL STEVEN MET LER, Defendant CIVIL ACTION - LAW CUSTODY PRAECIPE TO THE PROT ONOTARY: Kindly en er the appearance of Michael D. Rentschler, Esquire, as attorney for Defendant Steven Metzler in the abo e-captioned case. Respectfully submitted!, .., / ",.' ,-~?;..:.:w~:;:2:~.. MICHAEL D. RENTSCHLER, ESQUIRE 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID# 45836 Attorney for Defendant CERTIFICATE OF SERVIC:~ I hereb certify that a true and correct copy of Defendant's Praecipe entering an appearance w s served on the following individual by first class mail, postage prepaid, addressed to: Edward J. Weintraub, Esquinl 2650 North Third Street Harrisburg, P A 1711 0 Date: / /".'7 ./---? /--~"2~ ~ .--'""'~...~ / ~ $- ~ Michael D. Rentschler, Esquire 8 :of; !l2Q, ;<~' ~),. ~<.. ~t:~- ~[3 ~ =< '::> C.:J C i:0 (1 "i: , _i;: ~ ..,--' "0 .....; 4~~1~;! "--(C, I:;';; ;~t 'J . h! 55 -< .:b.o :J::: - - 01/29/2003 16:24 7172389280 STERN OR WE It-HRAU3 PAGE 133 VICKi METZLER, * IN THE CCtURT OF COMMON PLEAS Plaintiff, * CUMBERl.AND COUNTY, .. PENNSYLVANIA " VS. .. NO. 03-45 . STevEN METZLER. 'It CiVil AC1nON . LAW Defendant. '* CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Complaint For Divorce Under Section 3301(c) ofthe Divorce Code on behalf of my client Steven Metzler, which w:as filed on January 6. 2003, to the above referenced tenn and number, and verify that I am authorized to do so. Dated: / /~ "'7 ~ 3 , , ~~~~ Mike Rentschler, Esquire ) o r,:.~: 93Ef L~ ;-. (D ;';:' I~ z ~ C'"' "''1 :'J '"'_: :''''':l :..,) i',,) ~' VICKI METZLER, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * VS. * NO. 03-45 * STEVEN METZLER, * CIVIL ACTION - LAW Defendant. * CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Stephanie Leah Metzler born December 15, 1988 and Lukas Richard Metzler born March 10, 1992. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each pa.1y agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which Gould in any way be construed J as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an lemergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activiity or appointment during a time 2 " when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Tan and Garcia will continue to be the children's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the children's legal names are Stephanie Leah and Lukas Richard and that they shall be known by these names for all purposes. The parties agree that they will instruct their respective families and friends that the children should not be referred to by any other name. II PHYSICAL CUSTODY The parents shall share physical custody of the children. Mother shall have primary physical custody of both children. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Alternating weekends with Father from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 2. Whenever Father is in the Harrisbur~1 area, up to two (2) mid-week dinners with the children from 5:00 p.m. untii 8:00 p.m., on 48 hours notice to Mother, but not to conflict with the children scheduled activities. 3. With respect to President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shalll have physical custody on the holiday Monday until 6:00 p.m. 4. Father's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Father every year. 3 ~- ,; 5. Mother's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Mother every year. 6. Christmas shall be divided into two segments: Segment A from the adjournment of school until Christmas Day at 12:00 Noon; Segment B from Christmas Day at 1 :2:00 Noon until school resumes in January. Father shall have Segment A in 2003; Mother shall have Segment B in 2004 and the Segments shall be reversed and alternated annually. 7. Thanksgiving Vacation from Wednesday when school adjourns until Sunday following Thanksgiving at 6:00 p.m. with Father in 2003 and in odd years thereafter; with Mother in 2004 and in even years thereafter. 8. Easter/Spring vacation from the adjournment of school until school resumes with Father in 2003 and odd years thereafter; with Mother in 2004 and in even years thereafter. 9. Up to twenty-one (21) days of Summer vacation with Father in three (3) blocks of seven (7) days each, one in June, one in July and one in August, upon ninety (90) days prior notice to Mother. 10. Until Lukas is twelve (12) years of age he shall not be unsupervised during period of physical custody in either home. III. NO COHABITATION The parties agree that it is not in the best interests of the children for either party to cohabit with a member of the opposite sex (Le. a boy/girlfriend) unless that party is remarried. For the purposes of this Agreement, cohabitation is defined as living or residing with an unrelated adult on a regular or continuing basis. If either parent wishes to cohabit, that parent will forfeit all overnights with the children until1rhe parties are able to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. 4 . . . : IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's current residences in Cumberland County, Pennsylvania and Husband's residence in Virginia. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. .,..:~:.~ Jenn er L. Frechette, Esquire Attorney for Plaintiff ~ ~~ Michael D. entschler, Esquire Attorney for Defendant BY THE COURT: Date: J. 5 Q c: -p <" ""O(b l:p rT1 ?- --.:,~, ;;,r; v~...::,~ -<,~ !:.2 c' :r~ ,- Z'~' :pU c: z :t 4,' !:. '- c:> w ~ ~ :::0 N -.l ~ ~-[~;Q -. rfl J:iq " ~~ (:, .' "I. ,-,:n / C) 2jrn -I :P- ~ ........ ,~ :x ~ :::;:) +"' -' .. r ALL-PRO FINANCIAL ill, LLC., IN TID!: COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff v. No. 02-1494 Civil Term JAMES R. BENSON, CIVIL ACTION - LAW Defendant PETmON AND NOW, the Defendant, files this Petition, and in support thereof, states as follows: E)(ft'b',-t A I<. 1. In a letter dated May 23, 2002 (copy attached), Robert L. O'BJlen, Litigation Manager, Boudreau & Associates, wrote to offer settlement in the above-mentioned case through immediate payment of the sum of $4,500. 2. In the above-mentioned letter, Mr. O'Brien, proposed "[d]ismissaI with prejudice of the above- entitled matter immediately after the presented negotiable instrwnent is cleared through he issuing bank" . 3. The settlement payment of $4,500 was made on May ~4l...2002, through a debit from Defendant's " ERn 6 \ T B PSECU checking account - see attached copy of check number 4185. 4. Several telephone calls to both Boudreau & Associates and to :Mr. Charles Brown of Nicholas & Foreman, the attorney to whom this case was assigned, have not resulted in dismissal of the above-mentioned case. WHEREFORE, Defendant hereby seeks relief from the: Court dismissing this matter as settled. Respectfully submitted, ~~43~~ ~ p~. Benson, 4 Clover Lane Mechanicsburg, PA 17050-3110 (717) 697-5048 Defendant .... '.. ,.. Richard J. Boudreau. Robert L. O'Brien" Boudreau & Associates Attomeys At Law 401 Main Street, Suite 106 Salem, New Hampshire, 03079 Telephone (603) 890-1644 Facsimile (603) 890-6790 Toll Free Number 866-890-1644 EX' h, b.1- A · Admitted in Massachusetts .. Admitted in Iowa & Nebraska May 23,2002 Via E-Mail to:dlbenson@msn.com FOR PURPOSES OF SETTLEMENT NEGOTIATIONS ONLY James R. Benson 4 Clover Lane Mechanicsburg, P A 17050 RE: All-Pro III, LLC vs. Benson, James R. Dear Mr. Benson: After speaking with Mr. Charles Brown of Nicholas & Foreman, the attorney to whom this case is assigned, we learned that you are no longer represented by counsel. This letter is sent as an offer to settle the above-entitled matter, and cannot be used for any other purpose. The terms of settlement hereby proposed to you are: · Immediate payment of the sum of $4,500 via 'check-by-phone, or in certified funds by overnight delivery or Western Union, received at this office no later than 12 Noon on Friday, May 23,2002. · Dismissal with prejudice of the above-entitled matter immediately after the presented negotiable instrument is cleared through the issuing bank. If these terms are acceptable, please convey your acceptance of this offer immediately. Sincerely, Robert L. O'Brien Robert L. O"Brien Litigation Manager THIS LEITER REPRESENTS AN ATTEMPT TO COLLECf A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .... ";';~~i,,; ,~,~ Check #8000 &l,,},.tr B ~~~~~~JY~'J~-~ \ i~~ --_~~~: .;~::;'W:~L~:.~1 :~=.::~ ~~~;.7~~~:~~:f~I_~_I~~~:~/':~;:;=':_i-I~~_,-I~~~?!: ~~:_~ ;L,;...l..{".~,s" 1.l.;cOOf~.t\ ~,"N~N;..:=j~'=::'I: :::,; = 1,..1 ~~: '." f' -:- H'- hiEi:inl1J;3ii-CHKUlii --4:185.' d -. II -. , ..,"'... I .. " !, -- "I . 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I Th\Hhe(~ :Jul!!Or:~~J'1. )lf~~~fP~~~.~l~~.- ._, _I~~I~-' _.: ~- . .. I 1"1~.. ~ ,~g~>lLU~ ~ .!.~~ ., ; I I:l;.,~ "7..~.I~: _::.:- -fi-:7..!,---: ;:,.:-::'7-,~;.-::~.;..;,J..'-<~I-:- '-;.' -;.>-.- ~:.i...':...,.:~;1 ..':"",; ':,~ 1- :,,~, :.~:,~.~.~ ~a 1t.~,U;I:~_b~.5?J~:?~~2.~~1.H1 tl. :.~. _::---':.- .tl~OOOO: ~-IjOO~O~~I.-,.... I.,...!~~ -:-!, ..,:-!I~ .~t~:7 ":-=- .,. '..-:' ,.~~.! ~ "-:::- !j~.. ~~j, """ ,I. ~.! -::- ..~ .. -:-: "~" ,,::., ~ I !"::" 11 ~~ ;1':: . ..: Please Noie: Infonnation written on a check using aGel Pen may cause the wounation to not appear as part of the cl I L:..:.:...::..::......:.....:..'.Y.J~.~:.~~.~Jf.9.~I~h~.:.~.~.~g:J9.::p..Hh!:::;:......:::::...'...:....::...~'.:..:1 . . ~. VERIFICATION I hereby verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. '~ ~ -. CERTIFICATE OF SERVICE I, James R Benson, Defendant, do hereby certify that on Man;h 27, 2003, I did personally place in the U. S. Mail, first class, postage prepaid, a true and correct copy of thc~ foregoing Petition, addressed to the following: Charles Rees Brown NICHOLAS & FOREMAN, P.C. 4409 North Front Street Harrisburg, P A 1711 0 .... .- o C". .....,.. -"..,~ .J ~") 1'"\ -......."\ '-, VICKI METZLER, * IN THE COURT OF COMMON PLEA~ CUMBERLAND COUNTY, , "8 tOO3 PENNSYLVANIA M" L Plaintiff, * * * * NO. 03-45 vs. * * CIVIL ACTION - LAW CUSTODY STEVEN METZLER, Defendant. * STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Stephanie Leah Metzler born December 15, 1988 and Lukas Richard Metzler born March 10, 1992. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time 2 ! when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Tan and Garcia will continue to be the children's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the children's legal names are Stephanie Leah and Lukas Richard and that they shall be known by these names for all purposes. The parties agree that they will instruct their respective families and friends that the children should not be referred to by any other name. II PHYSICAL CUSTODY The parents shall share physical custody of the children. Mother shall have primary physical custody of both children. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Alternating weekends with Father from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 2. Whenever Father is in the Harrisburg area, up to two (2) mid-week dinners with the children from 5:00 p.m. untii 8:00 p.m., on 48 hours notice to Mother, but not to conflict with the children scheduled activities. 3. With respect to President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday until 6:00 p.m. 4. Father's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Father every year. 3 ..: " 5. Mother's Day weekend from 7:00 p.m. Friday until 8:00 p.m. Sunday with Mother every year. 6. Christmas shall be divided into two segments: Segment A from the adjournment of school until Christmas Day at 12:00 Noon; Segment B from Christmas Day at 12:00 Noon until school resumes in January. Father shall have Segment A in 2003; Mother shall have Segment B in 2004 and the Segments shall be reversed and alternated annually. 7. Thanksgiving Vacation from Wednesday when school adjourns until Sunday following Thanksgiving at 6:00 p.m. with Father in 2003 and in odd years thereafter; with Mother in 2004 and in even years thereafter. 8. Easter/Spring vacation from the adjournment of school until school resumes with Father in 2003 and odd years thereafter; with Mother in 2004 and in even years thereafter. 9. Up to twenty-one (21) days of Summer vacation with Father in three (3) blocks of seven (7) days each, one in June, one in July and one in August, upon ninety (90) days prior notice to Mother. 10. Until Lukas is twelve (12) years of age he shall not be unsupervised during period of physical custody in either home. III. NO COHABITATION The parties agree that it is not in the best interests IOf the children for either party to cohabit with a member of the opposite sex (Le. a boy/girlfriend) unless that party is remarried. For the purposes of this Agreement, cohabitation is defined as living or residing with an unrelated adult on a regular or continuing basis. If either parent wishes to cohabit, that parent will forfeit all overnights with the children until the parties are able to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. 4 . . , . ~ IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's current residences in Cumberland County, Pennsylvania and Husband's residence in Virginia. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to !~ive the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. Date: &{h I b po -. './ Jenn 'r L. Frechette, Esquire Attorney for Plaintiff J. 5 (") c -... $, -oGJ q)[P ~- ~."~ Zi ,'" """ v~-=::,. t2C' ~C' >;:::LI .YC: Z ::<! ~ ~i \ It ~ '" . c l.l>\ {) ~ ~ ~. ~! VlNVAl"SNN3d I ! ~ If",~)r, n\ !\,i'"1Q:l!=jL^.Ino I\J-f\H h...... .....iL'i .,.; i._;,'... ~ "'" '8 !'IY ?- \1dV SO ::: ' r' V ~, u ^ tf7"~~. c.~!: L' o w :'C ~ N -.l ~ ::...1 ;;;~ _;'~,':',~IJ <~ -=" /) (') :2':, rn 9 )::'- :0 -< .~ ..... :z N '0 :::> +- ~~ n. {J3, </s' MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN STEVEN L. METZLER AND VICKI L. METZLER Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street P,O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Steven L. Metzler Jennifer L. Spears, Esquire MARiS-ON DEARDORFF. WILLIAMS & OTTO, 10 East High Street Carlisle, PA 17013 Telephone: (717) 243-3341 Counsel ~Dr Vicki L. Metzler MARITAL SETTLEMENT AGREEMENT +1" THIS AGREEMENT is made this ~ day of A LV "5 +- , 2004, by and between STEVEN L. METZLER, of Virginia, and VICKI L. METZLER, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Steven L. Metzler (hereinafter referred to as "Husband"), was born on July 25, 1959, and currently resides at 303 Barrows Court, Fredericksburg, Virginia 22406; WHEREAS, Vicki L. Metzler (hereinafter referred to as "Wife"), was born on May 28, 1960, and currently resides at 45 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania 17055; WHEREAS, the parties hereto are husband and wife, having been lawfully married on May 30, 1981 in Pittsburgh, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about November 1, 2002; WHEREAS, two children were born of the marriage between the parties, namely, Stephanie L. Metzler, born December 15, 1988, and Lukas R. Metzler, born March 10, 1992; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the sl:ttling of any and all claims and possible claims by one against the other or against their respectiw estates. 1 NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Jennifer L. Spears, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to detenmine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, induding but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each ofthe parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have Ithe real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby lll;knowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that on or about January 6, 2003, Wife initiated a divorce action under, inter alia, the no-fault provisions of the Divorce Code by filing a Complaint docketed at no. 03-45 Civil Term in the Court of Common Pleas of Cumberland County. The parties acknowledge that the ninety (90) day waiting period provided for under g3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution ofthis Agreement, each party will sign an Affidavit of Consent to Divorce and a Waiver of Notice of Intention to Request Entry of Divorce Decr,ee and deliver same to counsel for Wife, who shall promptly submit affidavits and waivers to the Court along with all other documents necessary to precipitate the prompt entry of a divorce: decree. 4 5. EOUlTABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that, during marriage, they were the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 28 Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania 1701 I (hereinafter referred to as the "Marital Residence"). The parties acknowledge that the Marital Residence has been sold and the proceeds thereof have been divided between the parties, with Wife having received approximately Forty Two Thousand Two Hundred Nineteen Dollars ($42,219.00) and Husband having rl~ceived approximately Thirty Eight Thousand One Hundred Thirty Four Dollars ($38,134.00). Husband and Wife acknowledge that each received his or her respective amount as his or her sole and separate property, and each party hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest in and to the proceeds received by the other party, any property acquired by said proceeds or any property exchanged therefor. Husband and Wife each waive any interest in any residences purchased by the other party following separation. (b) Furnishin'ls and Personalty. (I) The parties agree that they have divided by agreement between themselves all furnishings and personalty previously located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carp,~ts, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. 5 (3) Except as otherwise set forth herein, Wife shaIl retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees that Wife shaIl retain possession of, and receive as her sole and separate property, the 2002 Toyota Camry automobile currently titled in the joint names ofthe parties, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shaIl indemnity and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shaIl retain possession of, and receive as his sole and separate property, any and all automobiles currently in his possession or titled in his sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife, Husband shaIl indemnify and hold Wife and her property harmless from any and all liability, east or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) The parties agree that they wiIl cooperate in effectuating the transfer of titles and insurance to accomplish the purposes ofthis subparagraph. 6 (d) Life Insurance. The parties acknowledge and agree that each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. (e) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes ofthis subparagraph. Notwithstanding the above, the parties agree to the following with respect to the marital retirement accounts. The parties agree that the marital value of Husband's Erie 401(K) plan as of March 31, 2004 is One Hundred Eighty-Four Thousand Three Hundred Fifty-Three Dollars and Fifty-Four Cents ($184,353.54). The parties further agree that the marital value of Wife's 403(b) Plan is Thirteen Thousand Seven Hundred and Seventeen Dollars and Seventy-Two Cents ($13,717.72) as of March 31, 2004. As to Husband's pension with Erie, the parties agree that the marital present value of this asset is Seventy-Four Thousand Seven Hundred Fifty-Two Dollars and Sixty-Seven Cents ($74,752.67). Husband and Wife agree to a resolution that effectively provides each party one-half of the three retirement plans identified herein. In order to accomplish said resolution, Husband and Wife agree that Wife shall receive, via tax free rollover 7 into a retirement account identified by Wife, the sum of One Hundred and Twenty-Two Thousand Six Hundred and Ninety-Four Dollars and Twenty-Three Cents ($122,694.23) from Husband's Erie 401(K) plan. Wife hereby waives, relinquishes and releases any and all right, title, claim or interest in and to the remaining portion of Husband's Erie 40l(K) plan as well as the entire amount of his Erie pension plan. Likewise, Husband waives, relinquishes and releases any and all right, title, claim or interest to Wife's 403(b) plan. (f) Cash Accounts. Stocks and Investments. (1) The parties acknowledge that any and all cash accounts existing during the marriage have been closed and the monies contained therein have been satisfactorily divided between the parties. Each party hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to any monies received by the other party from any and all cash accounts existing at the time of marriage. (2) Any and all cash accounts, stocks and investments currently titled in Husband's sole name shall remain his sole and separate property, and Wife hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest in and to said cash accounts, stocks and investments. (3) Any and all cash accounts, stocks and investments currently titled in Wife's sole name shall remain Wife's sole and separate: property, and Husband hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest in and to said cash accounts, stocks and investments. 8 (g) Miscellaneous ProDertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (h) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms ofthis Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (i) Prol'ertv to Husband. The partil~s agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 9 (j) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (k) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (I) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limitl~d to costs of court and actual nattorney's fees incurred by Husband in connection therewith. 10 (m) Warrantv as to Future Oblil!ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the 01her's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. SUPPORT AND MAINTENANCE. Commencing the date of this Agreement, Husband agrees to pay directly to Wife, as and for alimony, the monthly sum of One Thousand Two Hundred Ninety-Five Dollars ($1,295.00) to be paid on or before the first of each month, and which shall continue until December 31, 2004. The above alimony payments shall be non-modifiable in duration and amount, it being understood by the parties that they waive any right to modify the terms of the alimony in a court oflaw or equity. Notwithstanding the foregoing, the parties agree that the amount of Husband's alimony obligation shall be subject to downward modification if, and only if, Husband loses his present employment or job assignment through no fault or misconduct of his own and, as a result, suffers a substantial decrease or loss in income. Said alimony payments shall terminate absolutely before December 31, 2004 upon the first to occur of one of the following: (i) Death of Wife; (ii) Death of Husband; 11 (iii) Wife's remarriage; or (iv) Wife's cohabitation as that term is defined under Pennsylvania law. But for the alimony payments identified in the preceding paragraph, it is understood that Wife hereby waives any additional right or entitlement to support or maintenance, be it spousal support or alimony pendente lite. The parties acknowledge that presently a spousal support and child support order is in effect with the Domestic Relations Section of the Court of Common Pleas of Cumberland County, docket no. 00234-S-2003, PACSES Case No. 717105326. Wife agrees that her entitlement to spousal support shall terminate the date of this Agreement, and Wife further agrees to take the steps necessary to have the spousal support portion of the order terminated effective said date. Any spousal support arrears existing as of the date of this Agreement shall be paid by Husband in a lump sum no later than fifteen (15) days of the date of this Agreement. 7. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties acknowledge that Husband is currently providing medical insunmce for Wife through his place of employment. Husband agrees to continue to provide said coverage until such time as a Divorce Decree is entered at which time his obligation to provide said coverage shall terminate. 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution oftheir marriage, and the preparation and execution of this Agreement. 12 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date ofthis Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution oftheir assets and liabilities pursuant to S3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each ofthe parties h1ereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right ofthe other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and IIDconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other 14 law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship ofthe parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving Spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 15 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date oftheir divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision ofthis Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Steven 1. Metzler 303 Barrows Court Fredericksburg, VA 22406 and to Wife, if made or addressed to the: following: Vicki 1. Metzler 45 Keefer Way Mechanicsburg, P A 17055 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice ofthat change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws ofthe Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of ,execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 17 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and efifect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full fOfCIe and effect in the event ofthe parties'divorce. There shall be no modification or waiver of any ofthe terms hereof unless the parties in writing execute a statement declaring this Agreement or any term ofthis Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agre:ements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 18 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, conse:nts to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcem,~nt only, but otherwise shall not be merged into said decree. The parties shall have the right to en~orce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. 7 ~[(' cd t1t, rA1;{ba. ... WITNESS t;j;&fJM WIT S \ VU.LL -A. H~{l0 VICKI 1. METZLER 19 COMMONWEALTH OF VIRGINIA COUNTYOF~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared STEVEN 1. METZLER known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE this I::::. day of AlA 1\~~;\ ,,) ,2004. Not Public i 1 and for Commonwealth of Virginia Typed or printe(~ name,r ~otary: je (1 \\ ,.fev II QZTC. My commission expires: C; f 3 I 10 5- 20 COMMONWEALTH OF PENNSYLVANIA COUNTYOF~~~AO~~~ ) ) ) BEFORE ME, the undersigned authority, on this day pe:rsonally appeared VICKI 1. METZLER known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes arid considerations therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE thiS~ day of ~'lJl ,2004. ~ftf~ ~J r~lfM7dJ otary Public in and fo Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: NOTARIAL SEAL TRICIA D. ECKENROAD. Notary Public Carlisle Boro. Cumberland County ~ Commission Expires Oct. 23, 2004 21 ( '. E ...., = 0 '''' "'n ;:? ""'" -~lU ,... ..... d~~ tn t.... ::C.11 .,7' :t;~ (,"; fnf:::: ihc;~ N -nIl' 2':" 0' ~36 ..::: CJ ...... r;c~ -Z- :-J:~'j <t!.,.-C" :~ S,;C'J ~'C: - t5rn ~ C~, j;! .D *- .< F,\FILESIDA T AFILE\GeneraJ\Currenl\ 11264-1 con Created: 8/3104 9:55AM Revised 8/31049:58AM VICKI METZLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA v. NO. 03-45 CNIL ACTION - LAW STEVEN METZLER, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on January 6,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entryofa 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 herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: August 13, 2004 V ILVA.~~'L Vicki Metzler, Plaintiff g :s:: "OlTI l!J!fj ~~i 2c """ ;!;:Q """u ;)>c: ~ ,..., ~ ~ (;") N 0" ~ ...... :r: -r, 111fT; ~Y' .....~ :1: 1'''l Q-- ..?-~ S 'l> ~ ,.. :::r.: - - ., c.:> ~ VICKI METZLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-45 CNIL ACTION - LAW STEVEN METZLER, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND S 3301 (d) 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 grant<ed. 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 aft'er it is filed with the prothonotary. I verify that the statements made in this waiver are true aLnd correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: August 13, 2004 VILU ~~ Vicki Metzler, Plaintiff 8 ~ 0 '"U~ = J:- "t, OJ ;J>a ~~1 c::: ::r 21;, C'> ;~ 0).1:"-' N ~. en _0 ;<r:J 0 3Er.; :bo =r-r. >S :2 05 - am ~ .. ~ w .j:'"' ,1] -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) CNIL ACTION - LAW IN DIVORCE VICKI METZLER, Plaintiff NO. 03-45 CIVIL STEVEN L. METZLER, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under S3301(c) of the Divorce Code was filed on January 6,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CIODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conce:ming alimony, division of property, lawyer's fees or expenses if! 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 imm(:diately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: 8/ f-3!OL( I I g ...., c:o ~ "'" ;:: J:' "UO:' >- 5! ~n~; <= n'~ :t' GC> zr-' N -o~ W;; '0 ;<t:'7 C7\ b :r!-I' J8 "'" O-,i ::Ji: ',..p -" C - ~ Z .. ==< w ;0" ,&:- ~ F:IFILES\DA T AF1LEIGeneral\Current\ 11264-I_Praecipe- transmit. wpd Created: 8/11/04 4:45PM Revised: 8/23/04 10 56AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.0. 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICKI METZLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03.45 Civil STEVEN METZLER, 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: Service was accepted on January 29,2003 by Michael Rentschler, Esquire, Attorney for Defendant at the time of service. A copy of the Acceptance of Service was filed with the Prothonotary on February 7, 2003. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code: August 13, 2004; by the Defendant: August 13, 2004. 4. Related claims pending: All claims were settled by the parties' Marital Settlement Agreement dated August 13, 2004 and filed with the court simultaneously with this Praecipe. 5. Date Plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: simultaneously with this praecipe. Date Defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: simultaneously with this praecipe. N DEARDORFF WilLIAMS & OTTO By Je nif L. Spears, Esquire 10 No. 87445 Ten East Hligh Street Carlisle, PA 17013 (717) 243...3341 Attorneys for Plaintiff Date: August 23, 2004 CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson De:ardorffWilliams & Otto, hereby certifY that a copy of the foregoing Praecipe to Transmit was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Darren J. Holst, Esquire HOWETT, KlSSINGER& CONLEY, P.C. 130 Walnut Street PO Box 810 Harrisburg, P A 17108 MARTSON DEARDORFF WILLIAMS & OTTO ~//~iJ+~ . Tricia . Eckemoad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 26, 2004 (') ,..., c: = ~ = ;:f1;::" .&- ,oj :J>o '..... P" 70':; c: ffi:o t/ en "< 2: N ~ ~cj 0' ~O :I> )>'~ :x Q:TJ ..::.p On =< W ;g CJ1 .rJ -< . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :f.:+::f.:+::f. . :f.;f. ;f.;f. ;f.;f.:f.:f.~;f.;f.;f.;f.;f.;f. ;f.~:f. ;f. ;f.:f.:f.:f.;f.;f.:f.;f.;f.:f.:f.:f.;f.;f.:f.~:f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS STATE OF VICKI METZLER VERSUS STEVEN METZLER AND NOW, DECREED THAT AND OF CUMBERLAND COUNTY PENNA. No, ....Jl.:l-45 DECREE IN DIVORCE ~3 ~ 9:s)..4.~' JtdI , IT IS ORDERED AND VICKI METZLER , PLAINTIFF, STEVEN METZLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOl_LOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . . . . . The Marital Settlement Agreement dated August 13, 2004, is hereby incorporat' . . . . . . . . . . . . . . . . . . . . . ;+';f.;f.'f . . . . . . . . . . . . . . . . J. . . . . . . . PROTHONOTARY . . . . 'f.'f+'f:f.+++:f.+ T'f++++'f~ this Decree. B Am,T ~wJ., . . .. . . ;f.:f.'+''f'l' :+. 'f'+' Of"'+: 'f.'f. ~fip%- ~ ~ h<l, ~/.p ~~ P ~ 'tf':~-W 4 - ~ At?, 11./7 . , . . . '". ,. "-} ...... "", " ., . . I " ~, I An I.} ,.y i\ ,J uJ Vicki Metzler Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLA.ND COUNTY, PENNSYLVANIA VS. CNIL ACTION - LAW Steven Metzler Defendant NO. 03-45 QUALIFIED DOMESTIC RELATIONS ORDER This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between the Participant and the Alternate Payee entered into on August 13, 2004. I. Factual Recitals and Provisions Rel!ardinl! Creation and Assil!I1ment of Retirement Benefits. The following facts are relevant to the creation and assignment of retirement benefits provided herein: A. Name, Last Known Mailinl! Address. Date of Birth and Social Securitv Number of: Participant: Steven Metzler 303 Barrows Court Fredericksburg, VA 22406 DOB: July 25, 1959 SSN: 165-52-8128 Alternate Payee: Vicki Metzler 45 Keefer Way Mechanicsburg, PA 17055 DaB: May 28, 1960 SSN: 206-52-8335 B. Name of Plan to Which This Order Applies: Erie Insurance Group Employee Savings Plan. Said plan is also referred to herein as the "Plan." C. Award of Benefits. The Plan Administrator of the Plan is hereby directed to award to the Alternate Payee $122,694.23 of the benefit ofthe Participant vested and accrued as of September 3, 2004, or the valuation date under the Plan nearest in time to such date ("valuation date"). Said amount ("accrued benefit") shall be credited to an account under the name of the Alternate Payee under the Plan, The Participant shall have no rights to this account. The Plan Administrator is further directed to award to the Alternate Payee all earnings, interest, dividends, growth, if any, and/or losses, if any, on the accrued benefit from the valuation date to the date the QDRO Page 2 account is established in the Alternate Payee's name under the Plan. The Plan Administrator is further directed to award the Alternate Payee the accrued benefit and the earnings thereon as follows: 1. The Alternate Payee shall be treated as a Plan Participant for purposes of the form of benefit payments under the Plan. Her right to receive benefits hereunder shall not be affected by the death of the Participant. 2. The Alternate Payee shall have the right to begin receiving benefit payments from the Plan on or after the date on which the Participant attains his earliest retirement age under the Plan, notwithstanding the Participant's continued employment by any employer sponsoring the plan or to the Participant's right to accrue additional benefits under the terms of the Plan. The Alternate Payee shall have the right to elect any form of distribution under the Plan (other than a qualified joint and survivor annuity) which shalt be payable upon the Participant's attainment of his "earliest retirement age" specified below. 3. The Participant's benefit under the Plan shall be reduced by the benefit awarded hereunder to the Alternate Payee, but except as set forth herein, all benefits due the Participant under the Plan are awarded to him. 4. As soon as administratively feasible after acceptance of this Order, the Plan Administrator shall provide the Participant and the Alternate Payee with an accounting demonstrating compliance with the provisions set forth herein. D. Number of Payments or Period To Which This Order Applies. One or more payments, depending upon the benefit payment form elected by the Alternate Payee and provided for under the Plan. E. Earliest Retirement A2e. 1. Pursuant to Section 414(p)(4)(B) of the Code, the tenn "earliest retirement age" means the earlier of: a. the date on which the Participant is entitled to a distribution under the Plan, or b. the later of 1. the date the participant reaches the age of 50, or ii. the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separates from service, F. Pursuant to Sate Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. II. Covenants Rel!ardinl! Non.Alteration of Benefits. This Order: QDRO Page 3 A. Does not require the Plan to provide any type or form of benefit, or any option not otherwise provided under the Plan, and B. Does not require the Plan to provide increased benefits, and C. Does not require the payment of benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. III. Additional Provisions Rel!'ardinl!' Pavments To He Made To Alternate Pavee. A, This Order shall not be treated as failing to meet the requirements of Section II of this Order solely because it requires that payment of benefits be made to the Alternate Payee: 1. In the case of any payment before the Participant has separated from service on or after the date on which the Participant attains (or would have attained) earliest retirement age as defined herein, and 2. As if the Participant had retired on the date on which such payments are to begin under this Order, and 3. In any form in which such benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity with respect to the Alternate Payee and her subsequent spouse), B. If and when the Alternate Payee becomes eligible to receive retirement benefits pursuant to this Order, the Participant may not delay the commencement of said benefits in any manner whatsoever. IV. Death of Alternate Payee - Provision for Desilmation of Beneficiary. The Alternate Payee may designate a beneficiary with respect to her retirement benefits created and assigned herein. V. Miscellaneous Provisions. A. It is intended that this Order will qualify as a Quali.fied Domestic Relations Order under the Retirement Equity Act, and this Order shall be administered and interpreted in conformity with said Act. B. If the Alternate Payee does not receive her retirement benefits as and when provided for herein, or if at any time after said benefits are paid they shall thereafter cease, and in either event, said benefits are paid to the Participant or to another third party on his direction, said Participant will make payments out of his separate income or assets equal in all respects to those payments provided for herein. He shall continue to make said payments until said retirement benefits begin or resume. In addition, said Participant shall be obligated to satisfy all other provisions ofthis Order. C. The Court retains jurisdiction to amend this Order, but only for the purpose of establishing or maintaining its qualification as a Qualified Domestic Relations Order under the QDRO Page 4 Retirement Equity Act; provided that no such amendment shan require the Plan to provide any type or form of benefit, or any option, not otherwise provided under said Plan, and further provided that no such amendment or the right of the Court to amend will invalidate this Order as "qualified" under said Act. D. The Participant is hereby ordered to notify the Court and the Alternate Payee at least sixty (60) days before his request for or receipt of any retirement benefits from said Plan. E. A true copy of this Order shall be served upon the Plan Administrator forthwith by counsel for Alternate Payee. Said Order shall take effect immediately and remain in effect until further order of the Court. F. The Court further retains jurisdiction to supervise and enforce the payment of retirement benefits, as provided herein. G. Tax Treatment of Distribution Made Under This Order: For purposes of Sections 402(a)(l) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and such, will be required to pay the appropriate Federal, state and municipal income taxes on such distribution. " QDRO Page 5 ~ Accepted and ordered this ~ day of ~~ CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE '~ctt i.. ~ Signature , Uc, 4. 2-004 Date ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE /~OM Signature [~0 \Of Date ( _,20~. Judge /) 1!3/0~ Date I I ATTORNEYFORDEFENDAN~ PARTICIPANT ~---)-- 9 !1M! kn:lture 0- /;'-( ;;) y . . Date VtNV/,lASt'tJ3d I I "r........-' ,-~;' '\.1":,;-"r::'<.5r':) JU!'\I :'-),~; "<_' '~~.'Cl'., j SS :21 Hd SZ NVr snoz .'r..J:n,'lc",!i!(l).') ::1Hl' JO l..tiV...i.,,-./j\Uh..t>.;O:l -t' _h.. :i8U:;G~{1:il!.:I -{ECEfVEL DEe 0 R 200~ VIO\fl/r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICKI L. METZLER, Plaintiff v. ) ) ) ) ) ) ) n (~~ NO. 03-45 CIVIL ACTION - LAW CUSTODY NISIT A TION STEVEN L. METZLER, Defendant STIPULATION FOR AGREED UPON CUSTODY ORDER ~i..' This Stipulation is entered into this 1& -ff... day of /Y1CUt -:~ 'o_ f ..;;' ~~ 2006, by and between Steven L. Metzler ("Father"), of Virginia, and Vicki L. Metzler ~ ""'D , :1::.: ("Mother"), of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Mother and Father, fonner husband and wife, are the biological parents of two minor children, namely, Stephanie L. Metzler, born December 15, 1988, and Lukas R. Metzler, born March 10, 1992; WHEREAS, Mother and Father entered into'a comprehensive Marital Settlement Agreement dated August 13, 2004 that fully and fmally resolved all issues arising between as a result of their marriage; WHEREAS, custody of the minor children is presently governed by an agreed upon custody order entered with the Court of Common Pleas of Cumberland County, at action number 03-45 Civil Tenn; WHEREAS, contemporaneously with the execution of this Stipulation, the parties executed an Addendum to their August 13, 2004 Marital Settlement Agreement to expressly include an agreement with respect to custody that modifies the current custody order; r--.:l = C:::::J (.:).... o ." ..... :t:::!] ~fn ~uy f~"'l .l.. ~::IC) -r -1'1 ._,iI..... --:'", qo '~m \.....1 -,I -. 5:J -< 3: :r..... -< N N w \.D WHEREAS, the parties hereto are desirous of entering into this Stipulation to modify the terms of the existing custody order, consistent with their Addendum, without the need of formal court intervention; and WHEREAS, it is the intention of the parties to have this Stipulation entered as a final Order of Court. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 1. Le2a1 Custody. The parties shall share legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interests of the children, including, but not limited to, medical, religious, moral, educational and general parenting decision. The parties agree to discuss and consult with one another with a view towards adopting a hannonious policy calculated to promote ,the children's best interest. Each party shall have the right to be kept informed ofthe child's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of reports, notices or other communications given to either parent. To effectuate the parties' intent in this regard, each party agrees to execute any and all documents necessary upon presentation thereof to facilitate the exchange of information to the other parent directly from the appropriate doctor, dentist, teacher, treatment institution or similar authority. Each parent shall notify the other of any matter relating to the children which could reasonably expected to be a significant 2 concern to the other. Day to day decisions shall be the responsibility of the parent then having the physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decision necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. 2. Physical Custody. The parties agree to allocate physical custody as set forth more fully below: (A) Custody of Stephanie. Mother shall remain the primary physical custodian of Stephanie subject to periods of partial custody by Father as set forth herein: (i) School Year. On alternating weekends (to coincide with those weekends that Father has custody of Lukas) from Friday at 6:00 p.m. until Sunday at 6:00 p.m. If there is a Monday or Friday holiday (or Monday or Friday in-service day for which the children have off of school), Father shall also get the Friday or Monday. For example, if the child has off on a Friday for an in-service day, Father's week~nd shall begin on Thursday at 6:00 p.m. and continue until 6:00 p.m. the day before the child is to return to school. If the child has a Monday holiday, Father shall have custody from Friday at 6:00 p.m. until Monday at 6:00 p.m. Father shall also receive any additional days or times mutually agreed upon in advance by the parties. (ii) Summer. Father shall have partial physical custody of Stephanie for at least one-half of the summer (to coincide with the time Father has Lukas), the specifics of which shall be agreed upon by the parties each year by Memorial Day weekend. In 3 the absence of an agreement to the contrary, custody shall rotate on a two weeks on/two weeks off schedule beginning on Fridays at 6:00 p.m. and ending on Fridays at 6:00 p.m. (B) Custody of Lukas. The parties agree that Lukas shall relocate to Virginia effective August 15, 2006, and Father shall become the primary physical custodian of Lukas. Between June 15,2006 and August 15,2006, Mother and Father will alternate custody of Lukas and Stephanie or a two weeks on/two weeks offbasis (from Friday at 6:00 p.m. to Friday at 6:00 p.m. unless the parties agree otherwise). Mother shall be entitled to periods of partial custody of Lukas as set forth more fully herein: (i) School Year. On alternating weekends (on those weekends that Mother has custody of Stephanie) from Friday at 6:00 p.m. until Sunday at 6:00 p.m. If the child has off of school on either the Friday or Monday of the weekend (due to holiday or in- service day), Mother shall have custody over that time. For example, if Lukas has off on Friday due to an in-service day, Mother's custodial weekend shall b~gin Thursday at 6:00 p.m. and continue until 6:00 p.m. the day before Lukas is to return to school. If the Monday of her weekend is a holiday, then Mother's custodial weekend shall go from Friday at 6:00 p.m. until Monday at 6:00 p.m. (ii) Summer. Mother shall have custody of Lukas for at least one-half of the summer (to coincide with the time that she has custody of Stephanie), the specifics of which shall be agreed upon in advance by the parties no later than Memorial Day weekend. In the absence of an agreement to the contrary, custody shall rotate on a two weeks on/two weeks off schedule beginning on Fridays at 6:00 p.m. and ending on Fridays at 6:00 p.m. 4 3. Holidays. Other than the holidays listed below, which are addressed specifically and take precedence over the regular schedule, holidays shall go to the parent who has physical custody in accordance with the schedule set forth above. 4. Easter. The parties agree to alternate the Easter holiday, which shall be defined as commencing after school on the last day before the holiday and continuing through 6:00 p.m. the day before the resumption of school, which holiday shall take precedence over the regular schedule. In all odd-numbered years, Father shall have custody of both children for Easter. In all even-numbered years, Mother shall have custody of both children for Easter. 5. ThanksKivinK. The parties agree to alternate the Thanksgiving holiday, which shall be defined as commencing after school the day before the start of the holiday and continuing through 6:00 p.m. the day before the resumption of school, which schedule shall take precedence over the regular schedule. In all even-numbered years, Mother shall have custody of the children for Thanksgiving. In all odd-numbered years, F.ather shall have custody of the children for Thanksgiving. 6. Christmas Vacation. The parties agree to divide equally the children's Christmas vacation each and every year. Unless the parties agree otherwise, in all odd-numbered years, Mother shall have the first half of the Christmas vacation to include both Christmas Eve and Christmas day. In all even-numbered years, Father shall have the beginning of the Christmas holiday to include both Christmas Eve and Christmas day. 5 7. Transportation. Unless the parties agree otherwise, the parties shall share equally transportation for all custody exchanges, meeting at a prearranged location in either Frederick, Maryland, Leesburg, Virginia or Chambersburg, Pennsylvania. 8. Dispara~in~ Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in the presence of the children. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the either party either directly to the children or in the presence of the children. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the love and respect for the other parent. 9. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control ofthe either party. Neither party shall unreasonably restrict the other parties' access to the children by telephone. 10. Miscellaneous. If at any time after Lukas relocates to Virginia, Lukas expresses to either parent his desire to return to Pennsylvania to live primarily with Mother, Father agrees to allow Lukas to relocate to Pennsylvania to return to Mother's primary care without the need for formal court hearing. If Lukas expresses a desire to return to Mother's home during the first half of the academic year, Lukas shall relocate to Pennsylvania at the start of the second half of the academic year. If Lukas expresses such an intention during the second half of the academic year, Lukas shall relocate to Pennsylvania at the conclusion of the academic year. "First half' shall mean from the start of school up to December 3151; "second half' shall mean from January 151 until the end of school. If Lukas returns to Pennsylvania, the parties shall make all efforts to work out an acceptable custody arrangement to implement upon his 6 relocation. If the parties cannot work out an acceptable arrangement, the matter shall be submitted to the Court of Common Pleas of Cumberland County, or another court of competent jurisdiction, for the entry of a modified custody order. 11. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereby agreed to the above terms as the day and date first written above. x~~~;~ 7 ~, COMMONWEALTH OF PENNSYLVANIA COUNTY OF L( ~~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared VICKI L. METZLER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GNENUNDER MY HAND AND SEAL OF OFFICE this ?-l?ft.. day of ~-( , , 2006. My commi~~ion expires: Notarial Seal Tim;>thy J. Colgan. Notary Public ~ 8oro, York County My CommisSion Expires Oct. 3. 2006 Member, Pennsylvania Asscc:ation Of NcIaries 8 , ... COMMONWEALTH OF VIRGINIA COUNTYOF~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared STEVEN L. METZLER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this l b ~ day of l\tuJ , 2006. ~':f.;"" . COMWlllllilvlic{ <lJ: )a>Jt~ Notary PuH c in and for Commonw~alth of Virginia Typed or printed name of Notary: 'm.I^"lA b'~ tO~'Y\W\i~11CV1ed_a.J: ~AUfl bDJftle- My commission expires: Afi' \ 1011.~ . 9 "il:;:1I:) , ~:AY \l II 2006 ",. <<" L~ ,': . - - - - .-.~.--J' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 7 VICKI 1. METZLER, Plaintiff v. ) ) ) ) ) ) ) NO. 03.45 STEVEN 1. METZLER, Defendant CIVIL ACTION . LAW CUSTODY NISIT A TION . ORDER OF COURT AND NOW, thiS~y of mlt Y , 2006, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Agreed Upon Custody Order are incorporated herein and made an Order of Court. ~'_ BY CO~T:) J. VE\.(7;A:l}\s~~r'~jd " ! t\ln\','," (i' < '~C\II,l.n" '\....' /; '".' . ; ,'",,"~l V '11 : I/lrq S2 .nrw 9GOl f.,'l-II(":nc"',.:.J:lHl ,JO A\JV_ ;"I'-i L,..I,,.-_,\..J ,:J 3~):::L~\)'{J]ll:l