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HomeMy WebLinkAbout03-0545 II KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- 5(;:;- CIVIL ACTION-LAW IN DIVORCE CIVIL TERM MICHELE A. POSSENTI, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. I I I I I I I. il 'I I I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003- CIVIL TERM MICHELE A POSSENTI, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301 tC} AND 3301 to} OF THE DIVORCE CODE 1. Plaintiff is Kevin P. Talhelm, an adult individual who currently resides at 266 South Hanover Street, Apt 1, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Michele A Possenti, an adult individual who currently resides at 1204 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint 4. The Plaintiff and Defendant were married on May 19, 1990, in California. COUNT I - DIVORCE I I I, I i I I !I II II [i I I i , 5, Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. I' I' 1 1 9. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT" -EQUITABLE DISTRIBUTION 1 O. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER I I I I I I DATE: Z.~.o"$ I' [ , I !I Ii I ! ~4~ Michael A Scherer LD. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) ~49-6873 mas.dir/domestic/talhelm/divorce.com VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. /L P O~ Kevin P. Talhelm DATED: 1/.;1.7/03 II ~ 0 ~ " ~ - \ --..., 0 ~ \\=. "-. \,;) V) l~ ~ ~, 0 v r-. -5;,.) ""'" \j.) '"\J b \:) ~ ~ ~ ~ ~~ ~ ::.c> "I ~ ~ "- c --.......:T ~~ --- "'" i~ 0 ;....""!!:.' \:) .') c:,' -t-- -;j..... ............. --..D o ~ ~ 1 ' .. ~~~:: 6';;' ~~;-' ~ >(... c" -- VI a >>- l/,:) r ;:) f" ~ " .., o C' :::-.:; {-. ::~ -< i=; -...,..-: '1 J C) ~ -<. ~ ,-, ';.) II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-545 CIVIL TERM KEVIN P TALHELM, Plaintiff MICHELE A. POSSENTI, Defendant CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of MICHELE A. POSSENTI, Defendant, and certify that I am authorized to do so. Date: 12 Feb 2DD3 ,.Q.h~... ~Q~ ~~muel L. Andes 525 North Twelfth Street PO. Box 168 Lemoyne, Pennsylvania 17043 (") c: ~ ~J6-< nlr~- ;-:: :}. ' 6}C e: j.::; - ;S{-- )o-~ C ?.: -~~1 -'-. C:-l c........) -", .::0 \,() ::J en o --)-1 SJ :..0 -< II -.1 KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MICHELE A. POSSENTI, Defendant NO. 2003-545 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - AllMON\': 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. 1 II WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEl FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Dtifendanl's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. ~",~Q.~ Sam L. Ande Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17'043 (717) 761-536'1 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE:~O~ ~~~ 2 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire 17 West South Street Carlisle, PA 1701::1 Date: 21 August 2003 ~ '1l1.ltJLUhJt.a., Amy M ~arkins Secretary for Samuel L. Andes 0 ~ ~ (") a a ~ c: Go) ?' " --= "Ui:fi :t>> ::-3 -< ~ mr,.'l c.:: z.';' :;"') ~ i~:;i s0 ~ 0 ~S':': 1'0 ".Jrn ..... ~ () -..,j ",C;J .:, ~ ~ ~( , u" c) -4-. ~ ~ ~:c 5: ,j~j :-;:i - <t- ~ ..,~c: ..0 -V )>c:- cO .'~~~ r1"1 r ~ ;'~:. :.n 'i~ a =2 .-1 :0 ~ r -< R\~ "1;--c.. KEVIN P. TALHELM, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MICHELE A. POSSENTI, Defendant/Petitioner NO. 2003.545 CIVIL TERM IN DIVORCE Pacses# 665105827 ORDER OF COURT AND NOW, this 3'd day of October, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on November 3.2003 at 9:00 A.M. for a conference, at 13 N. Hanover St.. Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Re~Jffi. including W.2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11<1d (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10.3.03 to: Petitioner < Respondent Samuel Andes, Esquire Michael Scherer, Esquire tt;JL~ R. J. Shadday, Conference Officer Date of Order: October 3, 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249.3166 CC361 0;::((, (") c ",.. -c."'C] n"lr:'. 2"::;- Z, Co,,' -<~, ~C': ~~:~~', :;;'" ,~. ~J --<. o w o r.., -f I (,,0 o -n ~? ,:!l . r-- "rn ;'~'CJ _.)(1, ,-~~ :fi .~)(~ ..,= rri , ) ,':::;:t ",. :.0 -< -u ::x: w w ...... " KEVIN P. TALHELM, Plaintiff vs. IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELE A. POSSENTI, Defendant NO, 2003-545 CIVIL TERM IN DIVORCE TO THE PROTHONOTARY: PRAECIPE Please withdraw Defendant's Motion for Hearing on her request for alimony pendente lite. S~~~~d~Q ~ Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761.5361 Date: lo/1Y)03 o C ::.,': ~r!:' "~' ((' j rO ~:. ,....~ '!:..~ ':t" , -:~ ',1 :'::-::> ) -J :-'.) (,", In the Court of!Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELE A. I I POSSE~I IPlaintiff Defendant ) DocketNumber 03.545 CIVIL ) ) PACSES Case Number 665105827 ) ) Other State ID Number vs. KEVIN P. TALHELM ORDER AND NOW, wit on this 3RD DAY OF NOVEMBER, 2003 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G\) Other REQUEST FOR APL C NFERENCE filed on AUGUST 27, 2003 in the above captioned matter is dismissed w thout prejudice due to: THE PLAINTIFF WIT DRAWING HER REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE HEARING. o The Complaint 0 Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Samuel Andes Esquire Michael Sche er, Esquire BY TH~",,~:OOl.n) 'r?}J ~v \f\(o.~~ Edgar B. Bayley JUDGE ",iiI-ED L' /1_;3 -03 Service Type M Form OE.506 Worker ID 21005 ;:.:,i 'ri '('; C~~ (') ~ -0 CD mg.1 ~ , -..-- z~ OO.c.:,: ~6 :t>,-., 20 :i>c: ~ I , . ',.,i't , c:> W :?-: 9 ''''-- a -1'1 I J,':' ~<\t~ ,.-;t"':, ::- =f, J-'- ~C.O C~rn -, ,,~ ~ ;It: '6' N f-v II ~.I'l '" DEe 1 4 2004 y' vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. T ALHELM, Plaintiff CIVIL ACTION - LAW NO. 2003-545 CIVIL TERM MICHELE A. POSSENTI, Defendant IN DIVORCE ALIMONY ORDER AND NOW this ~ day of December 2004, in accordance with Paragraph 6 of a Marital Settlement Agreement between the parties, dated December 2, 2004, between the Plaintiff, Kevin P. Talhelm (referred to hereinafter as "Husband") and the Defendant, Michele A. Possenti (referred to hereinafter as "Wife"), we order as follows: 1. Husband shall pay Wife the sum of $1,200.00 (One Thousand and Two Hundred Dollars) per month, beginning November 1, 2004, as alimony, for an indefinite period of time. 2. The alimony shall not be modified unless Wife becomes employed and earns an excess of Thirty-Thousand ($30,000.00) Dollars gross pay annually or Husband's annual income from employment falls below Fifty-Thousand ($EiO,OOO.OO) Dollars or exceeds One Hundred Sixty Thousand ($160,000.00) Dollars. In the event of modification, said modification shall be done by agreement of the parties or order of this court. 3. The alimony shall terminate upon Wife's cohabitation, Wife's remarriage, or the death of either party. 4. All payments by Husband to Wife pursuant to this order shall be deemed alimony, as described in Section 71 (b)( 1 )(A) of the Internal Revenue Code as amended and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be included in the year of receipt in the gross income of Wife pursuant to Section 71 (b)(1 )(A) of the Ilnternal Revenue Code, as amended, or any similar future laws or regulations thereto. II 5. The payment shall be made on or before the first day of each month and Husband shall make the payments directly to Wife. In the event that Husband fails to make any payment pursuant to this order, in full, within the month in which it is due, the Domestic Relations Office of Cumberland County, on thEI written request of Wife, shall open and administer an account to collect, disburse, and enforce the alimony payments and the alimony provisions of this order. Distribution: Michael A. Scherer, Esquire (Attorney for Plaintiff) 19 West South Street, Carlisle, PA 1701:3 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 1704:3 J./ , _ tLd /).." Jt, {J Y '~.~ 9-. ~. , . ''', A!, q",_;.:) 1"'\ C' .,... ,,, J..'-J /b-'.1~L'_c:. ' q T'] 7CfZ ,:; -:1 -" II KEVIN P. TALHELM, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) f\IO. 2003-545 CIVIL TERM MICHELE A. POSSENTI, ) Defendant ) IN DIVORCE JOINT MOTION FOR ENTRY OF ALIMONY ORDER AND NOW come the above-named parties, by their undersigned counsel who represent they are authorized to make this joint motion o,n behalf of their clients, and jointly move the court to enter the attached alimony ordor to implement and put into effect one of the provisions of the marital settlement agreement between the parties. zthI,t/t- Michael A. Scherer Attorney for Plaintiff Date: D~I.e.-~.v 13} t 0<" ~~~ uel l. Andes Attorney for Defendant Date: ill """'(' Q "', o ~ ......, ('",:'''' '-:::_-' -<.'- c-:-: r , ( ; [') -jl --I T-" Ill,';': ~~.C; ~:~:~; ) L . ! n.. c.: I'l ? , "' 0] '5"'/5 fi 4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. The Alternate Payee shall file all elections, applications or other forms required by the Plan Administrator in connection with the distribution contemplated by this domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in executing such documents and taking all other actions which may be necessary or required by the Plan Administrator for the purpose of causing the distribution to the Alternate Payee which is contemplated by this domestic relations order. The Participant and the Alternate Payee may notify the Plan Administrator in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designated representative. Upon receipt of such notice, the Plan Administrator shall give copies of notices sent by the Plan Administrator to the Participant or Alternate Payee, as the case may be, to that representative. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in making the distribution to the Alternate Payee contemplated by this domestic relations order, the Plan, the Plan Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their SUccessors and assigns) with respect to such distribution. BY THE COURT, J. STIPULATION Michele Possenti, through her Counsel, Samuel Andes, Esquire, and Kevin P. Talhelm, through his Counsel, Michael A. Scherer, Esquire, stipulate to the foregoing being entered as a Qualified Domestic Relations Order. tJIMr it ~ Michael A. Scherer, Esquire Attorney for Kevin P. Talhelm Date: (, fa . 17S' ~'k~~..\:k~ Attorney for Michele A. Possenti Date: J'if \fG.,v~, 4os-' I !'-O c,,:} '":~.:> ,:,~~, ~; :J"- -- Cj -1\ :t"1J rn-:.~. ~Ohl -DC) (,,-',:~ ,::) r':~:;,\ (,2(") ~:< ') l-iI ':~,A J~':j :...:: <- 'J",,_ ~"'.',. - N t"P C) .. N ['0 :..,.-.,'., :Y'(} V. IN THE COUHT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-545 CIVIL TERM KEVIN P. TALHELM, Plaintiff MICHELE A. POSSENTI, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this bl- of -U~ ,21205, upon consideration of the within Stipulation for Entry of a Qualified Domestic Relations Order, the following is hereby entered as a Qualified Domestic Relation Order: GENERAL MILLS 401(k) SAVINGS PLAN QUALIFIED DOMESTIC RELATIONS ORDER ~ 1. Definitions. For the purposes of this section 1 and the following sections 2 through 4 of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. ~ 1.1. Account - The Participant's entire interest in the Plan whether or not vested. Ii 1.2. Alternate Payee - The following person: Name: Last Known Mailing Address: Kevin P. Talhelm 7 Todd Road Carlisle, Pennsylvania 17013-4401 Social Security Number: Date of Birth: 189 - 50 - 9524 December 28, '1959 ~ 1.3. Distribution Date - Distribution will be made as soon as administratively feasible as of the Valuation Date as of which the Plan Administrator formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the claims procedure of the Plan applicable to domestic relations orders has expired. ~ 1.4. Initial Division Date - November 1, 2004 which is the date as of which the amount awarded to the alternate Payee pursuant to section 2.1 is first determined. This date cannot be earlier than twelve (12) months prior to the date on which a certified copy of this order is received by the Secretary of the Plan Committee. ~ 1.5. Participant - The following person: Name: Last Known Mailing Address: Michele A. Possenti 113 Woodview Drive Mt. Holly Sprinas. PA 17065-2002 Social Security Number: Date of Birth: 563 - 59 - 3590 December 2:3, 1963 ~ 1.6. Plan - The qualified defined contribution profit sharing plan known by the name: GENERAL MILLS 401(k) SAVINGS PLAN. ~ 1.7. Plan Administrator - The following: General Mills, Inc. Attn: Benefits Department - QDRO P.O. Box 1113 Minneapolis, MN 55440-1113 ~ 1.8 Valuation Date - A Valuation Date is the date on which each investment account of the Trust Fund is valued and shall be as of the close of business on each business day. ~ 2. Award To Alternate Payee. ~ 2.1. Time and Amount of Payment. As soon as rnay be administratively feasible after the Distribution Date, the Plan Administrator shall cause the trustee of the Plan to distribute to the Alternate Payee $166,580.00 of the Account valued as of the Initial Division Date or, if less, the value of the Participant's Vested Account as of the Distribution Date. The amount awarded to the Alternate Payee shall be adjusted for investment gains and/or losses from the Initial Division Date to the Distribution Date by applying the Plan's investment returns as determined by the Plan Administrator, taking into account any interfund transfers, from the Initial Division Date to the Distribution Date. ~ 2.2. Form of Payment. Distribution from the Account to the Alternate Payee shall be made in a single lump sum payment in cash. The Alternate Payee shall not be permitted to elect any other form or time of distribution even if it would be otherwise available under the Plan. Upon the completion of this distribution to the Alternate Payee, the Plan shall have no further obligation to make' any further distributions from the Account to the Alternate Payee. ~ 2.3. Limitation Rules. The value of the Participant's Account as of the Distribution Date shall be determined excluding: (i) any portion which has been, before such Distribution Date, distributed from the Plan to (or with respect to) the Participant, and (ii) any portion which has been awarded to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order. The value of the Participant's Account shall be determined as of the Distribution Date including all amounts which are then accrued for contribution to the Account (whether from contributions of the Participant or a sponsor of the Plan) under generally accepted accounting principles (whether or not such contributions have in fact been received by the trustee of the Plan as of such Distribution Date). ~ 3. Miscellaneous Substantive Provisions. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Plan. The Plan Administrator may, but shall not be required to, cause the trustee of the Plan to segregate in a separate account under the Plan the amount awarded to the Alternate Payee under this domestic relations order pending its actual distribution to the Alternate Payee. To the, extent that the Account of the Participant consists of monies coming from different sources or monies that have been divided for investment purposes into different classes or categories of investments, the Plan Administrator shall cause the trustee to withdraw the monies for distribution to the Alternate Payee in reasonable proportion to such sources and investments as they exist on the Distribution Date (if the amount awarded to the Alternate Payee has not been previously segregated). Except as hereinafter provided, the distribution shall be made only to the Alternate Payee. If the Alternate Payee dies after this order is entered but before the date actual distribution is made to the Alternate Payee, distribution of the benefit awarded to the Alternate Payee under this order shall be made in accordance with the Plan provisions. If the Plan Administrator has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the distribution shall be made only to such court appointed fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits payable under the Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. Michele Possenti, through her counsel, Samuel Andes, Esquire, and Kevin P. ~alhelm, through his counsel, Michael A. Scherer, Esquire, stipulate to the foregoing ,09 being entered as a Qualified Domestic Relations Order. ,Of} .~ ~ '. ~~\)4 ichael A. Scherer, Esquire uel L. ,Il,ndes, squire Attorney for Kevin P. Talhelm Attorney for Michele A. Possenti Date'. I. f-'> . 17S' D t r~ ,\: - a e: oV~"'~t:z.co::,. I 0] . .5"/5 ~ 4. Miscellaneous Procedural Provisions. Upon Emtry of this domestic relations order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. The Alternate PayeE! shall file all elections, applications or other forms required by the Plan Administrator in connection with the distribution contemplated by this domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in €!xecuting such documents and taking all other actions which may be necessary or required by the Plan Administrator for the purpose of causing the distribution to the Alternate Payee which is contemplated by this domestic relations order. The Participant and the Alternate Payee may notify the Plan Administrator in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designated representative, Upon receipt of such notice, the Plan Administrator shall give copies of notices sent by the Plan Administrator to the Participant or Alternate Payee, as the case may be, to that representative. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in making the distribution to the Alternate Payee contemplated by this domestic relations order, the Plan, the Plan Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assigns) with respect to such istri ution. /// ~ STIPULATION o ..::r -,- 0-- u.. () - \ c~ LW l'- U'"',";\ o:.~'_l c:~:~ ("...1 /-) (,., .~_I -' p...) OJ :::i'\ :::.:1. ~'\cl?J : (',t.tL; ;,-':;,(:'0) -'i"i 'i. ~~ i'::; . ".,' r<,' KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-545 CIVIL TERM V. MICHELE A. POSSENTI, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this day of February, 2005, upon consideration of the within Stipulation For Entry Of A Qualified Domestic Relations Order, the Order dated February 1, 2005 is hereby VACATED and the following is entered as a Qualified Domestic Relations Order: GENERAL MILLS 401(k) SAVINGS PLAN QUALIFIED DOMESTIC RELATIONS ORDER ~ 1, Definitions. For the purposes of this section 1 and the following sections 2 through 4 of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. ~ 1.1. Account - The Participant's entire interest in the Plan whether or not vested. ~ 1.2. Alternate Payee - The following person: Name: Last Known Mailing Address: Michele A. Possenti 113 Woodview Drive Mt. Hollv SprinQs. PA 17065-2002 Social Security Number: Date of Birth: 563 - 59 - 3ei90 December 23, 1963 ~ 1.3. Distribution Date - Distribution will be made as soon as administratively feasible as of the Valuation Date as of which the Plan Administrator formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the claims procedure of the Plan applicable to domestic relations orders has expired. ~ 1.4. Initial Division Date - November 1,2004 which is the date as of which the amount awarded to the alternate Payee pursuant to section 2.1 is first determined. This date cannot be earlier than twelve (12) months prior to the date on which a certified copy of this order is received by the Secretary of the Plan Committee. ~ 1.5. Participant - The following person: Name: Last Known Mailing Address: Kevin P. Talhl31m 7 Todd Road Carlisle, Pennsvlvania 17013-4401 Social Security Number: 189 - 50 - 9524 Date of Birth: December 28.. 1959 ~ 1.6. Plan - The qualified defined contribution profit sharing plan known by the name: GENERAL MILLS 401(k) SAVINGS PLAN. ~ 1.7. Plan Administrator - The following: General Mills, Inc. Attn: Benefits Department - QDRO P.O. Box 1113 Minneapolis, MN 55440-1113 ~ 1.8 Valuation Date - A Valuation Date is the date, on which each investment account of the Trust Fund is valued and shall be as of the close of business on each business day. ~ 2. Award To Alternate Payee. ~ 2.1. Time and Amount of Payment. As soon as may be administratively feasible after the Distribution Date, the Plan Administrator shall cause the trustee of the Plan to distribute to the Alternate Payee $166,580.00 of the Account valued as of the Initial Division Date or, if less, the value of the Participant's Vested Account as of the Distribution Date. The amount awarded to the Alternate Payee shall be adjusted for investment gains and/or losses from the Initial Division Date to the Distribution Date by applying the Plan's investment returns as determined by the Plan Administrator, taking into account any interfund transfers, from the Initial Division Date to the Distribution Date. ~ 2.2. Form of Payment. Distribution from the Account to the Alternate Payee shall be made in a single lump sum payment in cash. The Alternate Payee shall not be permitted to elect any other form or time of distribution even if it would be otherwise available under the Plan. Upon the completion of this distribution to the Alternate Payee, the Plan shall have no further obligation to make any further distributions from the Account to the Alternate Payee. ~ 2.3. Limitation Rules. The value of the Participant's Account as of the Distribution Date shall be determined excluding: (i) any portion which has been, before such Distribution Date, distributed from the Plan to (or with I'espect to) the Participant, and (ii) any portion which has been awarded to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order. The value of the Participant's Account shall be determined as of the Distribution Date including all amounts which are then accrued for contribution to the Account (whether from contributions of the Participant or a sponsor of the Plan) under generally accepted accounting principles (whether or not such contributions have in fact been received by the trustee of the Plan as of such Distribution Date). ~ 3. Miscellaneous Substantive Provisions. The Altemate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Plan. The Plan Administrator may, but shall not be required to, cause the trustee of the Plan to segregate in a separate account under the Plan the amount awarded to the Alternate Payee under this domestic relations order pending its actual distribution to the Alternate Payee. To the extent that the Account of the Participant consists of monies coming from different sources or monies that have been divided for investment purposes into different classes or categories of investments, the Plan Administrator shall cause the trustee to withdraw the monies for distribution to the Alternate Payee in reasonable proportion to such sources and investments as they exist on the Distribution Date (if the amount awarded to the Alternate Payee has not been previously segregated). Except as hereinafter provided, the distribution shall be made only to the Alternate Payee. If the Alternate Payee dies after this order is entered but before the date actual distribution is made to the Alternate Payee, distribution of the benefit awarded to the Alternate Payee under this order shall be made in accordance with the Plan provisions. If the Plan Administrator has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the distribution shall be made only to such court appointed fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits payable under the Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. ~ 4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. The Alternate Payee shall file all elections, applications or other forms required by the Plan Administrcltor in connection with the distribution contemplated by this domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in executing such documents and taking all other actions which may be necessary or required by the Plan Administrator for the purpose of causing the distribution to the Alternate Payee which is contemplated by this domestic relations order. The Participant and the Alternate Payee may notify the Plan Administrator in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designated' representative. Upon receipt of such notice, the Plan Administrator shall give copies of notices sent by the Plan Administrator to the Participant or Alternate Payee, as the case may be, to that representative. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in makingl the distribution to the Alternate Payee contemplated by this domestic relations order, the Plan, the Plan Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assigns) with respect to such distribution. BY THE COURT, J. STIPULATION Michele A. Possenti through her counsel, Samuel Andes, Esquire, and Kevin P. Talhelm, through his counsel, Michael A. Scherer, Esquire stipulate to the foregoing being entered as a Qualified Domestic Relations Order. Undersigned counsel requests that the Order dated February 1,2005 be VACATED. Q Micha~~~uire ~~SqUire~ Attorney for Kevin P. Talhelm Attorney for Michele A. Possenti Date: 2' B. 0 ~ Date: to ~ '2.0\)5" , ' - V. r rEB 1 '1 2005 rT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003.545 CIVIL TERM KEVIN P. TALHELM, Plaintiff MICHELE A. POSSENTI, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this ~ay of February, 2005, upon consideration of the within Stipulation For Entry Of A Qualified Domestic Relations Order, the Order dated February 1,2005 is hereby VACATED and the following is entered as a Qualified Domestic Relations Order: GENERAL MILLS 401(k) SAVINGS PLAN QUALIFIED DOMESTIC RELATIONS ORDER S 1. Definitions. For the purposes of this section 1 and the following sections 2 through 4 of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. S 1.1. Account - The Participant's entire interest in the Plan whether or not vested. S 1.2. Alternate Payee - The following person: Social Security Number: Date of Birth: Michele A. Possenti 113 Wood view Drive Mt. Holly Springs, PA 17065-2002 563 - 59 - 3590 December 23,1963 Name: Last Known Mailing Address: ~ 1.3. Distribution Date - Distribution will be made as soon as administratively feasible as of the Valuation Date as of which the Plan Administrator formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the claims procedure of the Plan applicable to domestic relations orders has expired. ~ 1.4. Initial Division Date - November 1, 2004 which is the date as of which the amount awarded to the alternate Payee pursuant to section 2.1 is first determined. This date cannot be earlier than twelve (12) months prior to the date on which a certified copy of this order is received by the Secretary of the Plan Committee. ~ 1.5. Participant - The following person: Name: Last Known Mailing Address: Kevin P. Talhelm 7 Todd Road Carlisle. Pennsvlvania 17013-4401 Social Security Number: 189 - 50 - 9524 Date of Birth: December 28 1959 ~ 1.6. Plan - The qualified defined contribution profit sharing plan known by the name: GENERAL MILLS 401(k) SAVINGS PLAN. 91.7. Plan Administrator- The following: General Mills, Inc. Attn: Benefits Department - QDRO P.O. Box 1113 Minneapolis, MN 55440-1113 ~ 1.8 Valuation Date - A Valuation Date is the date on which each investment account of the Trust Fund is valued and shall be as of the close of business on each business day. ~ 2. Award To Alternate Payee. ~ 2.1. Time and Amount of Payment. As soon as may be administratively feasible after the Distribution Date, the Plan Administrator shall cause the trustee of the Plan to distribute to the Alternate Payee $166,580.00 of the Account valued as of the Initial Division Date or, if less, the value of the Participant's Vested Account as of the Distribution Date. The amount awarded to the Alternate Payee shall be adjusted for investment gains and/or losses from the Initial Division Date to the Distribution Date by applying the Plan's investment returns as determined by the Plan Administrator, taking into account any interfund transfers, from the Initial Division Date to the Distribution Date. ~ 2.2. Form of Payment. Distribution from the Account to the Alternate Payee shall be made in a single lump sum payment in cash. The Alternate Payee shall not be permitted to elect any other form or time of distribution even if it would be otherwise available under the Plan. Upon the completion of this distribution to the Alternate Payee, the Plan shall have no further obligation to make any further distributions from the Account to the Alternate Payee. ~ 2.3. Limitation Rules. The value of the Participant's Account as of the Distribution Date shall be determined excluding: (i) any portion which has been, before such Distribution Date, distributed from the Plan to (or with respect to) the Participant, and (ii) any portion which has been awarded to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order. The value of the Participant's Account shall be determined as of the Distribution Date including all amounts which are then accrued for contribution to the Account (whether from contributions of the Participant or a sponsor of the Plan) under generally accepted accounting principles (whether or not such contributions have in fact been received by the trustee of the Plan as of such Distribution Date). ~ 3. Miscellaneous Substantive Provisions. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Plan. The Plan Administrator may, but shall not be required to, cause the trustee of the Plan to segregate in a separate account under the Plan the amount awarded to the Alternate Payee under this domestic relations order pending its actual distribution to the Alternate Payee. To the extent that the Account of the Participant consists of monies coming from different sources or monies that have been divided for investment purposes into different classes or categories of investments, the Plan Administrator shall cause the trustee to withdraw the monies for distribution to the Alternate Payee in reasonable proportion to such sources and investments as they exist on the Distribution Date (if the amount awarded to the Alternate Payee has not been previously segregated). Except as hereinafter provided, the distribution shall be made only to the Alternate Payee. If the Alternate Payee dies after this order is entered but before the date actual distribution is made to the Alternate Payee, distribution of the benefit awarded to the Alternate Payee under this order shall be made in accordance with the Plan provisions. If the Plan Administrator has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the distribution shall be made only to such court appointed fiduciary. For all purposes of the Plan, the Participant's Account (and all benefits payable under the Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. ~ 4. Miscellaneous Procedural Provisions. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Plan Administrator a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order. The Alternate Payee shall file all elections, applications or other forms required by the Plan Administrator in connection with the distribution contemplated by this domestic relations order. The Participant shall cooperate fully with the Plan and the Alternate Payee in executing such documents and taking all other actions which may be necessary or required by the Plan Administrator for the purpose of causing the distribution to the Alternate Payee which is contemplated by this domestic relations order. The Participant and the Alternate Payee may notify the Plan Administrator in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designated representative. Upon receipt of such notice, the Plan Administrator shall give copies of notices sent by the Plan Administrator to the Participant or Alternate Payee, as the case may be, to that representative. To the extent the Plan makes a reasonable and good faith effort to observe the terms of this domestic relations order in making the distribution to the Alternate Payee contemplated by this domestic relations order, the Plan, the Plan Administrator and every fiduciary of the Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assigns) With.J:rspect to such distribution. BY.T.HE COU R1~7 1/ 11 . LQt~ STIPULATION Michele A. Possenti through her counsel, Samuel Andes, Esquire, and Kevin P. Talhelm, through his counsel, Michael A. Scherer, Esquire stipulate to the foregoing being entered as a Qualified Domestic Relations Order. Undersigned counsel requests that the Order ~ated February 1,2005 be VACATED. Q. ichael A. sChqrer, Esquire ~~WSqUire ~ Attorney for Kevin P. Talhelm Attorney for Michele A. Possenti Date: 2. B. 05 Date: to ~ '20.:)5' o ~?-..3 -0.:5 L 1/ 1-) .~ .1 : ~~ ---- r'> ,--~ -', i', ~ KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVA IA vs. NO. 03 - 545 CIVIL MICHELE A. POSSENTI, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 81"'- day of ~ 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 2, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the r cord to the Court requesting a final decree in divorce. BY THE COURT, / cc: ~Michael A. Scherer Attorney for Plaintiff ~muel L. Andes Attorney for Defendant \j ..,( ;,' u.J ~. '.,J c.';'i <s.'c'7 J;r.). '\'.l"OJ "',j. J >~_ - ------ II I' JI I > I I[ MARITAL SETTLEMENT AGREEMENT Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-6873 Counsel for Kevin P. Talhelm BY AND BETWEEN KEVIN P. TALHELM AND MICHELE A. POSSENTI Samuel L. Andes, Esquire 525 North 121h Street Lemoyne, PA 17043 Telephone: (717) 761-5361 Counsel for Michele Possenti :1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made on this the .d:!!!day of ~ , 2004 by and between Kevin P. Talhelm, of Carlisle, Pennsylvania, and Michele A. Poss nti, of Carlisle, Pennsylvania. WITNESSETH: WHEREAS, Michele A. Possenti (hereinafter called "wife") currently resides at 113 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania; and, WHEREAS, Kevin P. Talhelm (hereinafter called "husband") currently resid at 266 S. Hanover Street, Apartment 1, Carlisle, Pennsylvania; and, WHEREAS, the parties hereto are husband and wife, having been married 0 May 19, 1990 in California; and, WHEREAS, the parties have lived separate and apart since on or about Aug st 12, 2002; and, WHEREAS, husband filed a Complaint in Divorce to number 2003-545 in the ourt of Common Pleas of Cumberland County on February 4, 2003; and, WHEREAS, the children were born of the marriage: Paige L. Talhelm, born N vember 2,1991; Samuel P. Talhelm, born September 15,1997; and Jack M. Talhelm, born J nuary 10, 1999; and, 2 il Ii II I WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, with ut limitation, the settling of all matters between them relating to the ownership of real and pers nal property, the support and maintenance of one another and, in general, the settling of any a d all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual romises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by eac parties hereto, husband and wife, each intending to be legally bound hereby, cove agree as follows: 1. PERSONAL RIGHTS. Husband and wife may, at all times hereafter, live eparate and apart. Each shall be free from all control, restraint, interference and authority, d ect or indirect, by the other. Each may, for his or her separate use or benefit, conduct, car on or engage in any business, occupation, profession or employment which to him or her advisable. Neither party will interfere with the use, ownership, enjoyment or dispositi n of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has ad the opportunity to receive independent legal advice from counsel of his or her selection. usband has secured legal advice from, Michael A. Scherer, Esquire, and wife has secured Ie al advice from Samuel L. Andes, Esquire. Each party fully understands the facts and his or he legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the 3 II \ r I' circumstances, fair and equitable, and that it is being entered into freely and volu tarily, and that the execution of this Agreement is not the result of any duress or undue influ nce, and that it is not the result of any improper or illegal agreement or agreements. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowled s that he or she is aware of his or her right to seek discovery including, but not limited to, writt interrogatories, motions for production of documents, the taking or oral deposition , the filing of inventories and all other means of discovery permitted under the Pennsylvania Div rce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowle ges that he or she has had the opportunity to discuss with counsel the concept of marital pr perty under Pennsylvania law and each is aware of his or her right to have the real and/o personal property, estate and assets, earnings and income of the other assessed or evaluat by the courts of this Commonwealth or any other court of competent jurisdiction. The parti hereby acknowledge that there has been full and fair disclosure to the other of his 0 her respective income, assets and liabilities, whether such are held jointly, in the name f one party alone or in the name of one of the parties and another individual or individuals. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and t e parties agree, that by this Agreement they have resolved all ancillary economic issue related to the dissolution of their marriage and thus any divorce action with respect to these arties shall be limited to a claim for divorce only. The parties agree that they will each exec te an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce De ree in order that counsel for husband may finalize the divorce action in a timely fashion. 4 :1 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties were the owners as tenants by the real estate located at 1204 Sherwood Drive, Carlisle, Pennsylvania. The parties s Id the marital residence and settlement occurred on August 31, 2004. Proceeds of $102 800.54 were realized by the parties at settlement, and wife received all of the proceeds fr the sale of the marital residence. Wife shall become the sole owner of all of the proceeds om the sale of the marital residence. Husband waives all rights in or claims to those proceeds confirms them to be the sole and separate property of Wife, B. Furnishinas and Personalty. The parties agree that they have divid d by all furnishings and personalty located in the marital residence, including all furniture, f nishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, husband shall retain sole and exclusive ownership of all furnishings and personalty currently i his possession, free and clear of any right, title, claim and/or interest of wife and wife sh II retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of husband. C. Motor Vehicles. (1) Husband shall retain as his sole and separate property the 2003 Satur Vue. (2) The parties shall transfer ownership of the 1997 Toyota Camry to Wife nd Wife shall retain this automobile as her sole and separate property. Ech party shall be responsible to pay, in accordance with its terms, any debt w ich encumbers the title to the vehicle retained by them, shall pay all costs arising out of th ir ownership or operation of the vehicle, and shall further indemnify and save the other h rmless from any loss, cost, or expense caused to the other by their failure to do so. s II I' I I I D. Smith Barnev CitiarOuD Account Number 039-09271-19 184. H sband has this account titled in his name valued at approximately $63,000.00 representing p oceeds from the exercise of stock options. Husband shall receive as his separate property the sum of $40,000.00 from this account, and wife shall receive as her separate property ths um of $23,000.00. Any funds in that account in excess of $63,000 will be distributed so hat Wife receives 55% of said excess and Husband shall receive 45% of said excess. This account shall be closed upon the execution of this agreement and each party waives any f rther claim to the portion of this account transferred to the other party. E. General Mills 401lk) Savings Plan. Husband accrued this account hrough prior employment with General Mills, Inc" and contributed approximately $50,000. account prior to the marriage. The present value of this account is approximately $ 70,000.00. Wife shall receive, through the use of a qualified domestic relations order prepared entered at Husband's expense, the sum of $166,580.00 from this account in the for of a roll. over to a similar retirement account. Wife's share of the account shall be $166,580 s of November 1, 2004 and shall be increased or decreased by the investment results 0 that sum within the plan after that date and until the date of distribution to Wife. Husband sh II retain the balance of the account as his separate property. F. Bank Accounts. The parties were the joint owners of a bank account( ) at the time of separation, and the parties have divided to their mutual satisfaction all such c ecking and savings accounts and neither will make a claim for any funds presently possess previously spent by the other party from said account(s). 6 II G. Investment Accounts. Husband shall become the sole owner of the fo lowing investment accounts, which accounts contain pre-marital, marital and post-separ tion contributions: i. Wells Fargo, account number 8070.1913 valued at $39,500.00; I II i ii. Stroehman Bakeries Savings Plan, valued at approximately $11,400.00; Hi. General Mills TDA valued at approximately $12,600.00; IV. George Weston Bakeries Savings Plan valued at approximately $6,057. H. ProDerty to Wife. The parties agree that wife shall own, possess an enjoy free from any claim of husband, the property awarded to her by the terms of this Agree Husband hereby quitclaims, assigns and conveys to wife all such property, and wa relinquishes any and all rights thereto, together with any insurance policies coverin that property. This agreement shall constitute a sufficient bill of sale to evidence the tra sfer of any and all rights in such property from husband to wife. I. Property to Husband. The parties agree that husband shall own, p sess and enjoy, free from any claim of wife, the property awarded to him by the terms of this greement. Wife hereby quitclaims, assigns and conveys to husband all such property, and wai es and relinquishes any and all rights thereto, together with any insurance policies covering that property. This Agreement shall constitute sufficient bill of sale to evidence the trans er of any and all rights in such property from wife to husband. J. Marital Debt. The parties do not have any marital debt. 7 II Ii I K. Liabilitv. Each party represents and warrants to the other that he she has not incurred any debt, obligation or other liability, other than those described in this A reement, on which the other party is or may be liable. A liability not disclosed in this Agreemen will be the sole responsibility of the party who has incurred or may hereafter incur it, and suc party agrees to pay it as the same shall become due, and to indemnify and hold the oth r party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is here fter initiated seeking to hold wife liable for the debts or obligations assumed by husband under his 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 agai st any damages or loss resulting therefrom, including, but not limited to, costs of court an actual attorney's fees incurred by wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is h reafter initiated seeking to hold husband liable for the debts or obligations assumed by wif under this Agreement, wife will, at her sole expense, defend husband against any such claim, ction or proceeding, whether or not well-founded, and indemnify him and his property again t any damages or loss resulting therefrom, including, but not limited to costs of court and ctual attorney's fees incurred by husband in connection therewith. N. Warranty as to Future Obliaations. Husband and wife each represe ts and warrants to the other that he or she will not at any time in the future incur or contrac any debt, charge or liability for which the other, the other's legal representatives, property or e tate may be responsible. From the date of execution of this Agreement, each party shall use nly those credit cards and accounts for which that party is individually liable and the parties ag ee to 8 II II 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 fro any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurre in the event of breach hereof. 6. ALIMONY. Husband shall pay wife the sum of one thousand two-h ndred dollars ($1,200.00) per month, beginning November 1,2004, in alimony, for an in efinite period of time. This alimony shall not be modified unless wife becomes employed and earns in excess of Thirty thousand dollars ($30,000.00) gross pay annually, or husband's nnual income from employment falls below fifty thousand dollars ($50,000.00) or exceed one hundred sixty thousand dollars ($160,000.00). In the event of modification, said dification shall be done by agreement of the parties or Order of Court. Otherwise, each of t e parties waives any further right or claim to alimony, spousal support or alimony pendente I te. The alimony shall terminate upon wife's cohabitation, remarriage or the dea h of either party. All such payments by Husband to Wife shall be deemed alimony, as descri Section 71 (b}(1)(A) of the Internal Revenue Code as amended, and as said Secti amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1 86, and any future laws or regulations related thereto. Payments from Husband, when rece ed by Wife, shall be deductible in the year of payment by Husband pursuant to Section 2 5 of the Internal Revenue Code, as amended, or any similar future laws or regulations ther shall be included in the year of receipt in the gross income of Wife pursuant to Sect on 71 (b)(1)(A) of the Internal Revenue Code, as amended or any similar future laws or re thereto. 9 II i' I Ii D. HEALTH INSURANCE. Husband shall be required to provide edical insurance for the children provided it is available to him through his employer. E. LIFE INSURANCE. Husband shall be required to keep a policy f life insurance on his life in an amount of no less than $250,000.00, naming as benefi iary wife, until the latter of Jack Talhelm's eighteenth birthday or graduation from high scho I. Husband will take all steps necessary to obtain such insurance without reduction of its deat benefits and shall provide proof to Wife annually that the insurance is in full force and effe and that she remains the sole beneficiary. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, husband a d wife each waives all rights of inheritance in the estate of the other, any right to elect to t ke against the will or any trust of the other or in which the other has an interest, and each of t parties waives any additional rights which said party has or may have by reason of their m rriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be I ited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdictio 9. WAIVER OF BENEFICIARY DESIGNATION. Except as set forth in p 7(E), each party hereto specifically waives any and all beneficiary rights and any an as a surviving spouse in and to any asset, benefit or like program carrying a benefici ry designation which belongs to the other party under the terms of this Agreement, incl ding, but not limited to, pensions and retirement plans of any sort or nature, deferred compen ation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay che ks or any other post-death distribution scheme, and each party expressly states that it is his an her 11 II !I intention to revoke by the terms of this Agreement any beneficiary designations n ming the other which are in effect as of the date of execution of this Agreement. If and in t event the other party continues to be named as beneficiary and no alternate beneficiary is 0 herwise designated, the beneficiary shall be deemed to be the estate of the deceased pa 10. RELEASE OF CLAIMS. (a) Except as is otherwise provided for herein, Wife and husband acknowledge and agree that the property dispositions provided for herein constitut an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorc Husband and wife shall hereafter own and enjoy independently of any claim or rig of the other, all items of personal property, tangible or intangible, acquired by him or her f om the execution date of this Agreement with full power in him or her to dispose of the sa e fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all ri obligations which either party may have or at any time hereafter have for past, pres future support or maintenance, alimony pendente lite, alimony, equitable distributio fees, costs, expenses, and any other right or obligation. economic or otherwise, wh arising out of the marital relationship or otherwise, including all rights and benefits u Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as u der any other law of any other jurisdiction, except and only except all rights and obligations a ising under this Agreement or for the breach of any of its provisions. Neither party shall ha e any obligation to the other not expressly set forth herein. 12 II (c) Except as set forth in this Agreement, each party hereby abs lutelyand unconditionally releases and forever discharges the other and his or her heirs, ex cutors, administrators, assigns, property and estate from any and all rights, claims, dema ds or obligations arising out of or by virtue of the marital relationship of the parties whet er now existing or hereafter arising. (d) Except for the obligations of the parties contained in this Agre ment and such rights as are expressly reserved herein, each party gives to the other by the xecution of this Agreement an absolute and unconditional release and discharge from all cau s of action, claims, rights or demands whatsoever in law or in equity, which either party ever h d or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserv for a period of four (4) years from the date of their divorce decree all financial records relating t the marital estate, and each party will allow the other party access to those records in the eve t of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this greement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this 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 impair or invalidated in any way. 13 II 1\ 14. BREACH. If either party hereto breaches any provision hereof, the ther party shall have the right, at his or her election, to sue for damages for such breach, or other remedies or relief as may be available to him or her. The non-breaching pa y shall be entitled to recover from the breaching party all costs, expenses and legal fees act ally incurred in the enforcement of the rights of the non-breaching party. 15. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreeme t shall bind the parties hereto and their respective heirs, executors, administrators, legal repre entatives, assigns, and successors in any interest of the parties. 16. ENTIRE AGREEMENT. Each party acknowledges that he or she ha carefully read this Agreement; that he or she has discussed its provisions with an attorney his or her own choice, and has executed it voluntarily and in reliance upon his or her own att rney, and that this instrument expresses the entire agreement between the parties concernin the subjects it purports to cover and supersedes any and all prior agreements betwee the parties. This Agreement should be interpreted fairly and simply, and not strictly for or again t either of the parties. 17. MUTUAL COOPERATION. Each party shall, on demand, execute a deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns and other documents, and shall do or cause to be done e ery other act or thing that may be necessary or desirable to effectuate the provisions and pur oses of this Agreement. If either party unreasonably fails on demand to comply with these rovisions, that party shall pay to the other party all attorney's fees, costs, and other expenses ctually incurred as a result of such failure. 14 II Ii . 18. AGREEMENT NOT TO BE MERGED. This Agreement may be inc rporated into a Decree of Divorce for purposes of enforcement only, but otherwise shall not be said Decree. The parties shall have the right to enforce this Agreement under the ivorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in this Agreement as an independent contract. Such remedies in law or equity are s ecifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on t e dates of their acknowledgments. WITNESS: JflU11t - ~ ~~~4 Kevin P. Talhelm 15 II " KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVA IA V. NO. 2003 - 545 CIVIL TERM MICHELE A. POSSENTI, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE C DE 1. A Complaint in Divorce under Section 3301 (C) of the Divorce Code as filed on February 4, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken an ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of pr perty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is enter d by the Court and that a copy of the Decree will be sent to me immediately after it is filed 'th the Prothonotary. 6. I have been advised of the availability of marriage counseling and un erstand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I und stand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 49 4 relating to unsworn falsification to authorities. Date: December /0 , 2004 /LpY~ KEVIN P. TALHELM II ., vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COM ON PLEAS OF CUMBERLAN COUNTY, PENNSYLVANI KEVIN P. TALHELM, Plaintiff CIVIL ACTION. LAW NO. 2003.545 CIVIL TE M MICHELE A. POSSENTI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 C OF THE DIVORCE CO E 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of prop rty, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered y the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I und rstand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 49 4 relating to unsworn falsification to authorities. \::)\(:A \0+- Date \ ' M CHELE A. POSSENTI II . , KEVIN P. TALHELM, Plaintiff vs. ) ) ) ) ) ) ) I ) IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI M CIVIL ACTION. LAW NO. MICHELE A. POSSENTI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code wa filed on and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninet (90) days have elapsed from the date of filing of the complaint and the date of service of th complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and under and that the Court maintains a list of marriage counselors and that I may request the Court 0 require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce be oming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. ':7\ \g, \OY Date ., KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVA IA NO. 2003-545 CIVIL TERM v. MICHELE A. POSSENTI, Defendant CIVIL ACTION.LAW IN DIVORCE ACCEPTANCE OF SERVICE ,- < I accept service of the Divorce Complaint on behalf of MICHELE A. POSS NTI, , . Defendant, and certify that I am authorized to do so. Date: ,2.. Feb WD3 amuel L. Andes 525 North Twelfth Street PO. Box 168 Lemoyne, Pennsylvania II KEVIN P. TALHELM, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLV IA V. NO. 2003-545 CIVIL TERM MICHELE A. POSSENTI, Defendant CIVIL ACTION.LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court fo entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (C) of t e Divorce Code. 2. Date and manner of service of the Complaint: An Acceptance of Servic was signed on February 12, 2003. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Secti n 3301 (c) of the Divorce Code: by Plaintiff on December 10, 2004; and Defendant on Dece ber 2, 2004. B. (1) date of execution of the Plaintiffs Affidavit required by Sec ion 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defenda t: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file prae ipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, ~At,~ Michael . Scherer, Esquire ~~~++~+++~+~+~++++~+++++++++~+++~+~+++++++ ++~+~+~+++++~++++~+++++~+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , + ,,'" +++++++++++~+~++++++++++++++++++++++~++++++++++++++++++++++++++~+~+++ IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY STATE OF KEVIN P. TALHELM NO. Plaint; ff VERSUS MICHELE A. POSSENTI Defendant DECREE IN DIVORCE AND NOW, '-J~ ~L1 DECREED THAT KEVIN P. TALHELM AND MICHELE A. POSSENTI ARE D[VORCED FROM THE BONDS OF MATR[MONY. PENNA. 2003 545 ,20i..9'j, [T [S ORDERE , PLA[NT[FF , DEFENDAN , THE COURT RETA[NS JUR[SD[CT[ON OF THE FOLLOW[NG CLA[MS WH[C BEEN RA[SED OF RECORD [N TH[S ACT[ON WON!. + + ~ + + ~ + ~ ++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . + . . + . . . . . . + + + + + +++++++++ AND FOR WHICH A F[NAL ORDER H S NOT HAVE YET BEEN ENTERED; The parties' Marital Settlement Agreement dated December 2004, is incorporated herein as a final order o/court. By THE.COURT: l ;\ --. ATTEST: // , J. -- PROTHON TARY ~ pz.~.-rJ> _/,P' ~1? 1- ~ '""" -;:"l ,0. r;e.e! /70 't:Z':. el .. ,.}. " ~