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Home My WebLink About00-06283 . _~ ~ ,'" 1-, , -'__c-_'_ ., -..->'. , ~.L"-_ --,. -~ ~ 1~.......;Jii" I!-'_ 'j ;<-'--l ~::,a-"X )::.:~;:; XC~;::,::'~3E~r:~f::.:~f>~>;::)>>>;::-)-::C~;:-)::C.~:')::C~~:~~_;z:~::c~i:}:.c~;):':~(~>>:~;;:-::~~::.::~;:,:~~::c~;::,::,~::c~;::-:~~::+::~:::::~::c~~:-:::~::+:~*.:m,<c~;~~;<,e:m:>>}!::~3>t~~::+::~)J~~>>>;)::~:~::c!;;:t;.....~3_$" ~ I . ~ ~ , ~~ 6_ ~ ~ :.: IN THE COURT OF COMMON PLEAS * I ~ '",,' ~ ~ ~'S ~ i i ~ ."-. ~.S . ~ , ~.~ . ~'~ i's ~ ~ ~:~ ~ ~ ~~ ~<;~ ~ ~ ~.~ ~ a f"~ ~'S . .", ~ ".~ a J~ ~ I !_-.-.:.... J4IR'"....,.,,7~ ,'_i:--. .d ~ ~ a ~." ~ ~." ~.; I . ~.~ ~ ~ "'i/ ~ ~.~ ~ N ~ WI' ,., ~ ~ ~ ~ ~.~ OF CUMBERLAND COUNTY STATE OF PENNA. Shirley ~. Warner, .uu._..___ ___.u__________u_________.____ ..... _...... I'.11i .i.rlU. 1: .t..... _. u..... N o. ug.():::.6.?~}u C.i.y.~~.:r.eJ9 Versus I Michael R. Warner, Defendant ____.______._ ...________u______u_u_ __________._. DECREE IN D I V 0 R C E ~ IO:S'~A.tA. AND NOW,....... ~.. .l....... .,~O~?:.., it is ordered and decreed that.... .Q1).in.E::Y .J!;... .WQ.rne:r......................... plaintiff, and..... .t1~<;1J..a.~+. ~... .'Y?~p..~~................................ defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . . :r.l\e:. ~p..r::dil9.E: . S\O!:t.1<lelllent. Ag.r:eem.ent. b.e.tween .the. .part.ieiii. shall. , be incorporated, but shall not m ith the final Decree in .................. -..................... .............................. Prothonotary Attest: A _____________~A-. ~ ~<;~ ~ ~.~ ~ ~ ~ ~ ;..~ ~ ~~~ ~ ~.~ ~ ~ ~ ~.~ ~ ~' ~,~ ~ ~.~ ~ I ; ',.,,' S ;.,o;~ ~.s ~ ~.~ ~.~ ~ "", ';,~ ".s ~ i ~ ~.~ ~.~ ~ i ~.~ ~ ~.~ ,.~ ~ Divo ~e. ~ ~.! ,', ~ ~ ~.~ J. ~ ... ~ '.' ~ ~.~ ~ ..., '"'( -:-o::c.;,: ::.3E( :::o:c{ .:..:.:~;,: ':;.::.::( :':.::.;':,: )::C~:;. ,:,!::+::< :::.:.::~;:. "'.:.::< ",.::+::~,-- -:'.:.:..,. ~ }:.::.::: :::.::.::<; ~::.::..: :::.:.X):+::< >:.::.:. :,.::.::...: ::'::.::';;:::'.::+;"': :::.:.:,.z . " <" " J/.,) .~.) tj;)~;) -. " ~-',-^ , ,.' "~~- . CtvI~ ~ :;; ~ ~ 'r!!',fxi! ~~ ~..~ w~ fl'- l l - '__ _"Y, "n,", _" ~"_'_~ ,d{1;j,WJ.hi ~Y" - ",~~ .- I~, '> :", "~-"'l'l'-- ">1"",( ~,.,."'"- ~~~ _ ." .,-'.jII,,~_&{.< . , I i. 1 t MARRIAGE SETTLEMENT AGREEMENT By and between Michael R. Warner -AND- Shirley G. Warner Dated: rf\or-ch iQ.r ,2002 '~~"'^ . , (, , INDEX PAGE 1. Divorc(!: and Separation................................................................ 4 2. Division of Property..................................................................... 4 3. Child Custody and Support .........................................................17 4. Spousal Support ........................................................................... 18 5. Income Tax Returns..................................................................... 18 6. Execution of Additional Documents ...........................................19 7. Lump Sum Payment.....................................................................19 8. Warner Real Estate Partnership ................................................... 19 9. Transfers Subject to Liens ........................................................... 20 10. Sale of Marital Assets .................................................................. 20 11. Life Insurance Policies ................................................................ 21 12. Complete Listing of Property ,..................................................... 22 13. Equitable Distribution of Property .............................................. 22 14. Relinquishment of Ownership ..................................................... 22 15. After-Acquired Property .............................................................. 23 16. Debts............................................................................................ 23 17. Bankruptcy ................................................................................... 24 18 . Health Insurance........................................................................... 24 19. Alimony........................................................................................ 25 20. Full Disclosure .............................................................................25 21. Releases ........................................................'" ............ ................. 25 22. Indemnification............................................................................ 26 23. General Provisions ....................................................................... 27 24. Fair and Equitable Contents ........................................................ 27 25. Breach.......................................................................................... 27 26. Independent Separate Covenants................................................. 28 27. Void Clauses ................................................................................ 28 28. Execution of Documents............................................... ...............28 29. Applicable Law ............................................................................28 30. Non-Merger.... ................................... ........................................... 28 31. Disclosure and Waiver of Procedural Rights .............................. 28 32. Tax Advice ................................................................................... 30 33. Representation of Parties .............................................................30 Signature Page...................................................................... ,....... 31 Acknowledgement Page............................................................... 32 2 - -- ~~ - ~-,' I" ~ - ~ll~~.,. , ,- ~GESETTLEMENTAGREEMENT AGREEMENT MADE thiS~ day of ~ 2002, by and between Michael R. Warner -AND- Shirley G. Warner, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on August 22, 1981, at Bristol, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on or about September 1, 2000. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the 3 ~. "~ ~ !Jr!~-' -~ -~P;!",-, (. parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 330l(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation shall not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain all right, title, and/or interest in and to the following business entities as his sole and exclusive property: i.. Warner Chiropractic Care Center, P.C. The parties acknowledge that a portion of Warner Chiropractic Care Center, P.C. represents non-marital property as it was gifted from Husband's father to Husband. 4 ...t!Illl_ ., "'-"~~M~,; (. ii. Warner Development Corporation. Husband represents and warrants to Wife that Warner Development Corporation has no assets or liabilities at the present time. iii. Husband shall retain his 50 percent interest in Warner- Dyson Joint Venture One which has an approximate current value of $26,500. Wife hereby waives any right, title, and/or interest which she may have unto the aforementioned business entities. Wife hereby acknowledges that she will sign any necessary documents in order to transfer any legal interest that she may have in the aforesaid business entities, including but not limited to stock certificates, shareholder agreements, powers of attorney, and/or tax returns. The parties acknowledge that appraisals were not performed on any of the aforementioned business entities. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's business entities, and notwithstanding the same, in consideration of the transfer to Wife all of the property set apart to Wife in this Agreement, hereby forever waives and relinquishes any right, interest, or claim that she might otherwise have in and to Husband's aforesaid business entities. 2. Husband shall retain the following mutual funds: a. Gabelli Convertible Securities with an approximate value of $2,600, as of September 30, 2001. 5 ~ ",-"-""~;'''''''- c b. Dreyfus Money Market fund with an approximate value of$758, as of September 30, 2001. c. T. Rowe Price with an approximate value of$2,615, as of September 30,2001. d. Vanguard Mutual Funds with an approximate value of $17,170, as of September 30, 2001. 3. The parties acknowledge that Husband is the owner of a profit sharing plan titled "Warner Chiropractic Care Center Profit Sharing Plan" with an approximate balance of $497,000 as of September 1,2001. It is further acknowledged that Husband has contributed $5,000 of non-marital funds into the profit sharing plan since the date of the parties' separation. The parties agree that Husband shall be awarded the remainder ofthe profit sharing plan together with all interest and dividends earned thereon following transfer to Wife of assets in kind valuing $265,000 as of the date of distribution as more fully set forth in paragraph 2(B)(3). 4. Husband shall retain the following stocks: a. IBM, Inc. having no value as of September 1, 2001. b. Biomed Disposable in the approximate of$12,000 as of September 1, 2001. c. Penn Treaty American Corporation in the approximate amount of $2,600 as of September 30, 2001. 6 ~-- ".~~, - -- - ~... -""",,_"';~~l~' .. d. TEXN (E) in the approximate amount of $400 as of September 30, 2001. 5. Husband shall retain ownership of the following bank accounts: a. Pennsylvania State Bank account number 10404762 with an approximate balance of $33,000 as of January, 2001. Husband represents and warrants to Wife that the entire balance of this account has been used to pay marital debts since the parties' date of separation. b. Ameritrade account number 177-322153 with an approximate balance of $2,000 as of September 1,2001. The parties hereby acknowledge that Wife is currently in possession of an $8,000 check issued by Ameritrade. The parties agree that Wife shall transfer those monies to Husband contemporaneous with the execution of this Agreement. c. Waypoint Bank account number 0090853074, joint owners James E. Warner and Martha 1. Warner, with an approximate balance of$I,OOO as of January, 2001. d. Waypoint Bank account number 0020019560, joint owners James E. Warner and Martha 1. Warner, with an approximate balance of$500 as of January, 2001. 7 - - ~~ --lIA.!c~_~'o't'"'"- t. e. Fulton Bank account number 819-84883, joint owners Property Management, Inc., with an approximate negative balance of $3,900 as ofJanuary, 200l. f. Mellon Bank account number 1121181802, joint owner David Dyson, with an approximate balance of $200 as of January, 200l. 6. Husband shall retain ownership of the mortgage owed by Haydee Greene in the approximate amount of$8,375 as of October 1, 200l. 7. Husband shall retain ownership ofthe 1995 Dodge Dakota with an approximate current value of $8,000. 8. Husband shall retain ownership of the 1997 Polaris 4- wheeler with an approximate current value of $4,000. 9. Husband shall retain his IRA with Invesco Funds Group with an approximate value of$14,500, as of September 30, 200l. 10. Husband shall retain ownership of the rare coins currently held in the parties' safety deposit box with an approximate current value of $10,000. Wife shall transfer the safety deposit box key to Husband prior to or contemporaneous with the execution of this Agreement. 11. Husband shall be entitled to the parties' 2000 Federal Income Tax refund in the amount of $66,476. 8 - ~. I ,~\ _L........J -.-. "[-"""--"'4<<1(,_- ( 12. Husband shall retain sole ownership of the parties' timeshare property with an approximate current value of $2,500. Wife shall execute a Deed transferring ownership upon demand. Husband shall be solely responsible for any and all fees and/or taxes incurred relative to the timeshare property. 13. Husband shall retain ownership ofthe real estate as set forth in Schedule A, attached hereto. The parties agree that Husband shall refinance or obtain a release of Wife from the mortgage obligations which exist on those properties within 180 days ofthe date of the execution of this Agreement. Upon successful refinancing or release, Wife shall execute Warranty Deeds conveying to Husband all of her right, title and interest to those properties. Those properties having no mortgages shall be transferred by way of Warranty Deed contemporaneous with the execution of this Agreement. Commencing on the execution date of this Agreement, Husband shall be solely responsible for the timely payment of all principal, interest, and other fees due under the mortgages, any and all costs or liabilities attributable to maintaining the real estate including but not limited to all real estate taxes, water and sewer rents, gas, electric, homeowners insurance, and maintenance expenses and repairs, relative to the properties set forth in Schedule A, and Husband shall keep Wife and her successors, 9 - '-'" ~011,,,",,,,, < assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost, or expenses including attorney's fees which are incurred in connection with such maintenance, costs, expenses, or resulting from Husband's ownership interests in the properties set forth in Schedule A. Commencing on the execution date of this Agreement, Husband shall be entitled to all rents and/or insurance proceeds due, owing, or paid relative to the properties set forth in Schedule A. In the event Husband is unable to refinance the mortgages of any of the properties set forth in Schedule A, or he is unable to obtain Wife's release from those mortgage obligations within 180 days of the date of the execution of this Agreement, the parties agree that those properties in question shall be sold in order to release Wife's name from those obligations. Upon sale ofthe real estate, the net proceeds, after deduction of all expenses, fees, and taxes in connection with the sale, and after the satisfaction of the lien of the existing first mortgage, shall be the sole property of Husband. In the event that the real estate needs improvement, whether capital or not, during the pendency of sale, the parties agree that Husband shall be solely responsible for the cost of those improvements. Until the real estate is sold, Husband agrees to pay all mortgage payments, insurance, utilities, heating and maintenance expenses, all taxes and assessments which shall be 10 ~ , . due or become due, and all expenses of any sort and kind associated with maintaining the real estate. In the event of the sale of any real estate set forth in Schedule A following the execution ofthis Agreement, the parties agree that Husband shall be solely responsible for the net capital gains attributable to the sale(s). Husband acknowledges that he has been advised of his right to seek the counsel of a tax attorney with regard to the tax consequences of the equitable distribution of real estate set forth in Schedule A and B of this Agreement. Having been so advised, Husband acknowledges and accepts that the division of real estate and its subsequent tax consequences is, under the circumstances, fair and equitable. Husband further acknowledges that none of the real estate set forth in Schedule A and B has been formally appraised and that he has been informed of his right to obtain independent appraisals of the real estate. Notwithstanding the same, Husband acknowledges that the division of real estate is fair and equitable and he agrees he shall not at any time in the future raise as a defense or otherwise the lack of said appraisals or that the real estate was improperly valued in any legal proceeding involving this Agreement. The parties acknowledge and agree that the real estate set forth in Schedules "A" and "B" shall be transferred in an "as is" II -,' _j..s,",.~n,,,"-' ; ~ - ~ ~"~ - ~.....~'"" .-'~ - - -" '"",'",",ioi:u,,:t__,,_" ~ condition and neither party makes any warranties to the other party as to the condition of said property. The parties acknowledge that they have had an opportunity to inspect the properties and to hire any expert necessary to render an opinion as to the condition of those properties. Husband and Wife specifically waive any right to make a claim against the other at any time in the future as to any defects which exist or may exist relative to the condition of the properties transferred pursuant to this Agreement. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain all right, title, and/or interest in and to the following business entity as her sole and exclusive property: i. Liberty Maids, Incorporated. Husband hereby waives any right, title, and/or interest which he may have unto the aforementioned business entity. Husband hereby acknowledges that he will sign any necessary documents in order to transfer any legal interest that he may have in the aforesaid business entity, including but not limited to stock certificates, shareholder agreements, powers of attorney, and/or tax returns. The parties acknowledge that an appraisal was not performed on the aforementioned business entity. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's business entity, and notwithstanding the same, in consideration of 12 ~~ .~ riliiil L<.U!";li...~H"-' < the transfer to Husband all of the property set apart to Husband in this Agreement, hereby forever waives and relinquishes any right, interest, or claim that he might otherwise have in and to Wife's aforesaid business entity. 2. Wife shall retain ownership of the Quick and Reilly portfolio, account number 219-22328-18PB584 with an approximate value of $30,000 as of September I, 200l. 3. Wife shall be entitled to $265,000 from Husband's Warner Chiropractic Care Center Profit Sharing Plan, to be paid into a qualified retirement account for the benefit of Wife. The parties agree that assets equal to $265,000 on the date of distribution shall be transferred in kind to Wife at the sole discretion of the trustee( s) of the Warner Chiropractic Care Center Profit Sharing Plan. A Qualified Domestic Relations Order shall be prepared by Wife's attorney at Wife's sole cost and expense, subject to the approval of Husband's attorney in order to effectuate the terms of this paragraph. The parties acknowledge that the Warner Chiropractic Care Profit Sharing Plan has an approximate value of $497,000 as of September I, 200 I, the remainder of which shall become the property of Husband as per Paragraph 2 (A)(3). 4. 1998 Chevy Blazer with an approximate value of $10,000, subject to any liens and encumbrances. 13 . ~~ -.~ - !JO,;.__t!l'''''""b",,;c,'_ ( 5. Wife shall retain her IRA with Invesco Funds Group with an approximate value of $10,000 as of September 1,2001. 6. Wife shall retain sole ownership of the real estate as set forth in Schedule B, attached hereto. The parties agree that Wife shall refmance or obtain a release of Husband from the mortgage obligations which exist on those properties within 180 days of the date of the execution of this Agreement. Upon successful refinancing or release, Husband shall execute Warranty Deeds conveying to Wife all of his right, title and interest to those properties. Those properties having no mortgages shall be transferred by way of Warranty Deed contemporaneous with the execution ofthis Agreement. Commencing on the execution date ofthis Agreement, Wife shall be solely responsible for the timely payment of all principal, interest, and other fees due under the mortgages, any and all costs or liabilities attributable to maintaining the real estate including but not limited to all real estate taxes, water and sewer rents, gas, electric, homeowners insurance, and maintenance expenses and repairs, relative to the properties set forth in Schedule B, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost, or expenses including attorney's fees which are incurred in connection with such maintenance, 14 ~J .Jj'hd: - Mi ,_""""_"'''''''eC costs, expenses, or resulting from Wife's ownership interests in the properties set forth in Schedule B. Commencing on the execution. date of this Agreement, Wife shall be entitled to all rents and/or insurance proceeds due, owing, or paid relative to the properties set forth in Schedule B. In the event Wife is unable to refinance the mortgages of any of the properties set forth in Schedule B, or she is unable to obtain Husband's release from those mortgage obligations within 180 days of the date of the execution of this Agreement, the parties agree that those properties in question shall be sold in order to release Husband's name from those obligations. Upon sale of the real estate, the net proceeds, after deduction of all expenses, fees, and taxes in connection with the sale, and after the satisfaction of the lien of the existing first mortgage, shall be the sole property of Wife. In the event that the real estate needs improvement, whether capital or not, during the pendency of sale, the parties agree that Wife shall be solely responsible for the cost of those improvements. Until the real estate is sold, Wife agrees to pay all mortgage payments, insurance, utilities, heating and maintenance expenses, all taxes and assessments which shall be due or become due, and all expenses of any sort and kind associated with maintaining the real estate. 15 " iiibJ. ~--;__~I", , In the event of the sale of any real estate set forth in Schedule B following the execution of this Agreement, the parties agree that Wife shall be solely responsible for the net capital gains attributable to the sale(s). Wife acknowledges that she has been advised of her right to seek the counsel of a tax attorney with regard to the tax consequences of the equitable distribution of real estate set forth in Schedule A and B of this Agreement. Having been so advised, Wife acknowledges and accepts that the division of real estate and its subsequent tax consequences is, under the circumstances, fair and equitable. Wife further acknowledges that none of the real estate set forth in Schedule A and B has been formally appraised and that she has been informed of her right to obtain independent appraisals of the real estate. Notwithstanding the same, Wife acknowledges that the division of real estate is fair and equitable and she agrees she shall not at any time in the future raise as a defense or otherwise the lack of said appraisals or that the real estate was improperly valued in any legal proceeding involving this Agreement. The parties acknowledge and agree that the real estate set forth in Schedules "A" and "B" shall be transferred in an "as is" condition and neither party makes any warranties to the other party as to the condition of said property. The parties acknowledge that they have had an opportunity to inspect the properties and to hire any expert 16 . , - ., -- -"~~""'~,,,.w"'-;.",,o-r necessary to render an opinion as to the condition of those properties. Husband and Wife specifically waive any right to make a claim against the other at any time in the future as to any defects which exist or may exist relative to the condition ofthe properties transferred pursuant to this Agreement. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively~ unless addressed otherwise in this Agreement. D. The parties acknowledge that they have each made to the other an informal accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Child Custody and SUDDort. The parties hereby acknowledge that they are the natural parents of Brock Michael Warner born September 12, 1987, and Marissa Kate Warner born June 10, 1990. The parties agree that they shall continue to exercise custody as per the terms of the Order of Court dated August 16, 2001, docketed to Nmnber 01-1924 in the Court of Common Pleas of Cumberland County, Pennsylvania, until modified by further Order of Court or by agreement of parties. The parties acknowledge the entry of a support Order docketed to Number 00854 S 2000, P ASCES Case Number 119102698, in the Court of Common Pleas of Cumberland County wherein Husband pays to Wife the sum of $1 ,500 per month child support for the benefit of Marissa K. Warner. The parties agree that commencing the 17 -. -~ .1 - date of the execution of this Agreement, Husband shall pay to Wife the sum of $1 ,800 per month child support for the benefit of Marissa K. Warner. In all other respects, the terms relating to child support of the Support Order dated January 18, 200 I shall remain in full force and effect. The parties further agree that Husband shall continue to maintain both children on his health insurance policy until they graduate from college, so long as they go directly to college immediately following high school. Nothing in this paragraph shall prevent either party from seeking a modification of child support through the Domestic Relations Section of the Court of Common Pleas at any time in the future. 4. Spousal Support. The parties acknowledge that pursuant to the Domestic Relations Order dated January 18,2001, docket Number 00854 S 2000, P ASCES Case Number 119102698, in the Court of Common Pleas of Cumberland County, Husband pays to Wife the sum of $2,800 per month spousal support for the benefit of Wife. The parties agree that Wife's entitlement to spousal support shall terminate upon entry of a Decree in Divorce. Upon entry of a Decree in Divorce, Wife shall immediately file a petition to terminate the spousal support portion of the Domestic Relations Order dated January 18, 2001. In the event Husband is entitled to a credit due to overpayment following the entry of a Decree in Divorce, Wife shall immediately remit to Husband any overpayment of spousal support. 5. Income Tax Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against 18 ~ " ","_~,'i!"","",,-q,,",-,. - , ,,~ .~ ., ""-' 'li&,,,,,,,,,-,",,,,,,;Ej,-,,,' any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is fmally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 6. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent contemporaneous with the execution of this Agreement. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Lump Sum Payment. In consideration of the terms and conditions set forth in this Agreement, and as a further equitable distribution of the marital property, Husband shall pay to Wife the stun of $250,000, to be paid contemporaneously with the execution of this Agreement. This payment by Husband to Wife is in consideration of the terms and conditions set forth in this Agreement. Husband and Wife specifically provide that these payments are non-taxable payments to Wife and shall not be included in the income of Wife. 8. Warner Real Estate Partnership. The parties acknowledge that Wife is currently named as general partner of the Wamer Real Estate Partnership, a partnership formed in order to purchase a 400-acre tract of land and house from William and Catherine Krugh. Pursuant to the terms of this Agreement, Wife shall convey any right, title, and interest which she has in the Warner Real Estate Partnership and in these 19 ~~ ,.j" .~~~~". -~""",.,.,,,^,-,,,",,,,,,!-^ properties to Husband as specifically set forth in Paragraph 2 (A)(13) and Schedule A nwnber 6 and 7. Further, the parties agree that Wife shall resign as general partner of the Warner Real Estate Partnership and appoint Husband as general partner. Wife shall sign a revocation of her interest and position as general partner contemporaneous with the execution of this Agreement. It is further acknowledged that Wife is named as the primary beneficiary and owner of a Prudential Life Insurance policy, number 77 787 198. The insureds of the "second to die" policy are William Krugh and Catherine Krugh. This policy currently has a face value of $270,000 and a cash surrender value in the approximate amount of $69,000, the sum of which has been taken into consideration and awarded to Husband in the equitable distribution ofthe marital property as set forth in this Agreement. The parties agree that Wife shall be removed as a beneficiary and owner of this policy and replaced by Husband as the primary beneficiary and owner. The purpose of this life insurance policy is to payoff the mortgages relative to the real estate and house and to pay the heirs of William and Catherine Krugh. 9. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 10. Sale of Marital Assets. The parties hereby agree that the net proceeds derived from the sale of any marital or non-marital assets addressed in this 20 - "'_-,",,"~.",<_c Marriage Settlement Agreement shall not constitute income for the purposes of establishing or modif'ying child support. 11. Life Insurance Policies. The parties acknowledge they have an interest in four Prudential Life Insurance Policies as follows: A. Prudential Life Insurance Policy No. 94608142 $100,000.00 coverage owner: Shirley Warner insured: Shirley Warner beneficiary: Michael Warner cash surrender value as of May 30, 2001: $9,661.00 B. Prudential Life Insurance Policy No. 97577554 $800,000.00 coverage owner: Michael R. Warner Irrevocable Trust, J. Todd Warner, trustee insured: Michael Warner beneficiary: J. Todd Warner, trustee cash surrender value: $53,634.00, as of June 7, 2001 C. Prudential Life Insurance, Contract No. V0001020 $2,000,000.00 coverage owner: Warner II Irrevocable Trust, Martha 1. Warner Trustee insured: Michael and Shirley Warner beneficiary: Warner II Irrevocable Trust cash surrender value: $10,381.00, as of January 2001. D. Prudential Life Insurance policy number 77770160 $15,355.00 death benefit owner: Martha 1. Warner, Trustee insured: Michael and Shirley Warner beneficiary: Martha 1. Warner, Trustee cash surrender value: $2,794.00 The parties agree that Prudential Life Insurance policy number 94608142 (policy A) shall become the sole property of Wife. The parties acknowledge that the remaining three policies (policy B, C, and D) represent the sole assets of three separate 21 . -' .~-~ ' c', " r~i..f\i''''IWI'''''''''-'' irrevocable life insurance trusts. The parties further acknowledge that neither attorney has reviewed the trust documents which established the irrevocable trusts and therefore , disposition of these policies shall be governed by the provisions set forth in the trust documents. 12. ComDlete Listinl! of ProDertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 13. Eauitable Distribution of ProDertv. By this Agreement, the parties have intended to effect an equitable distribution oftheir jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 14. Relinauishment of OwnershiD. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 22 1It--- .- ~~ - ---r '--""'-.,., 15. After-Acquired Pronertv. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: The parties agree that they shall be solely responsible for the outstanding mortgages on the properties set apart to each of them in Schedule A and B of this Agreement as more fully set forth in Paragraphs 2(A)(l3) and 2(B)(6) of this agreement. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnifY and save harmless the other from any and all claims or demands made against him or her by reason 23 - ,-" -- "',<- =m~MlI,'-"I-i'''i of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 17. Bankruptcv or Reorl!:anization Proceedinl!:s. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be preformed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 18. Health Insurance. The parties mutually agree that Husband shall maintain Wife on his health insurance through his employment at Warner Chiropractic Care Center, P.C. until a Divorce Decree is issued by a Court of Law. The parties further agree that Husband shall maintain the parties' children on his health insurance policy 24 - , ~, . ~OlJ;"*,^"""",",d'",_"",",,.~ until they graduate from college, so long as they go directly to college immediately following high school. In the event they do not go directly to college following high school, Husband shall maintain the parties' children on his health insurance policy until they have reached the age of majority. 19. A1imonv. The parties mutually agree to forego or waive any right to alimony, and alimony pendente lite. The parties further agree that Wife shall be entitled to spousal support until the entry of a decree in divorce as set forth in Paragraph 4 of this Agreement. 20. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 21. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any fonner contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against 25 ~-~ - mJil ,', . 'a",,,,_l'l"'""'"'_''' " each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 22. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnifY and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 26 ~ ~"= "~~ , " 23. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 24. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 25. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 27 " ....,,<""'-="',"'<, . - , , ~~*""'~.,,' . 26. Indeuendent Seuarate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 27. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 29. Auulicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 30. Non-Merl!er. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 31. Disclosure and Waiver of Procedural Ril!hts. Each party understand that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of 28 ~ , ~' ~_'""'''''fC<j2' . separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. 29 ~ ~~'.'!il'lllllr"" . "'_""'""",,-1iJ'''''-,- , " j . , f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 32. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 33. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Theresa Barrett Male, Esquire. 30 .- . .r '\ . " .. ~.".~",,,, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. /La-Ik~ 31 ~~ Shirley G. W'arner ~ ~ U]WJM.... Michael R. Warner :I:~ o '" S 'f ~ ." :!:ei o~ ~ Jil ~ 00 w N ?<> :!:C'J ~ - g.u. e. ~ " - [g.>-j c ::!. fja8. "" >:>:1 o ~ "3 :!: '" Ii.. ;:;: a -t .... ;: u. '0 o o '" o ." '" s- o 0; gj "'" N U. 00 N .... .. -:0 o o "O:I: ~a-n o i;j' ';;Q "'0'" ~ S.? !!.,fll to ~ " 0 ~>~ ~.. I~ ";:;: h (l ~ ~ ~ :=.~ "'E- m ~ !it ~ :-' .... w N u. '0 o o '" o n e. ~ ~. o ~ ~ 00 "'" z 5> O:I: ~ n sr.:= ~ g: o . p.o; ,,0 >~ ~.... 60 '" ~ ~ ~ ~ '" ~ 1i. ~ ~ 1J o ~ " Q. 00 ~ S'- !!l ,.. >-j o Q. Q. FP ;>: ~ ~ ~ '< ~ ~ ~ "'" ~ ~ ~ N o 'if S. " ~ ~ '" S' e: ~ '" a '" & '" t-<w ~ N O"W gj Z o 0 ? e. "00 > ~ en @ a :!: FP en ~ ~ ~ .... .... .... '0 o o '" o n o ~ '" o ~ en ~ S. 00 ~ w o o N o .... '" ~ ,... :t:: o .00 " g ~ g FP ;,,- >t:! :!: ~ a en @ a tl.. o 0 o u. " .1. gj 0 o .... o :I: o ~. . 00 ""'" >en :t ~ ~ ~ ;:;: a ~ ~ .... .. u. 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'" .... w -:0 o o ~ Z l': ~ ~ ~ ~ z 9 - - '" ?" :-' '" !J' ,. '" !'"' ,.. ~ ,.. '" z- ~... i"l ~OJ> ::1i~ I::~ 1::- m- m.. 0- fJl 0- ~OJ> ~ 8 -..... ,,0 " 0 00 s~ ~C;l ~ s :; ~ g (;l,<>' g - .m 00 o ... :;; ~ _.0 -N ""m [~ uVS e:! .P'::;] " 0' -. - ,," _. - ~o >Tj0 ~.Q 00 ~< ~t-< ~i':' ~ t-< '" .. '015 '00 S ~ Ei 0 g"!l " 0 ~. i':' qfJl >~ =:g .., -.:) >,.,. qoE. 8 :::..;- II" ~g fJl" '"~ ,- ~ J-'S Q<l " 'OfJl r;'(V " " " ~ ~ !I - 'O~ 'Og 21 '0.. 'O~ >" :;; - ~~ - - 0' -~ >0 >0. >> ' 0 Er S' !l '" ~ >!I 0 'O~ 1;' ~ sP, 151 g 0.- t-< fJl '00 , ~ > ~ >sP, 1l " fJl '0 0 ~ '000 ~ - 0 " > - >:r g. sP, 0 ~. po ~ sP, 0 s 0 ;!i ~ ;t 1::>:> I:: I:: I:: I:: I:: 1::1'> I:: I:: it I:: .., ,,'Eo i':' i':' i':' i':' i':' ..~ i':' i':' i':' ::l ,.. fJl fJl fJl fJl fJl fJl fJl fJl ~ ~ ~ ~ ~ ~ ::;] ~ ::1i ::1i ~ a a a a ~ 0 0 0 sP, 0 !I ~ !I !I -t !I - - - - ~ > t"I tJ"J 00 ... ... ... ... ~ ... ... ... ... ... ... ~~ >-3 - - - - .. ~ - - ~ <>. > :;: ..... ~ ... ..... - 0 w ..... OJ> OJ> 0 OJ> OJ> OJ> OJ> OJ> f~ v. '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 >-300 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..,~ tJ"Jn '=' '=' '=' '=' '=' '=' '=' '=' '=' '=' '=' >-3 0 0 0 0 0 0 0 0 0 0 0 ~~ >-3= 0 ~ ~ otJ"J i"l C:l~ .... tJ"J~ "!'j >-3t"1 tJ"J >Tj I:: I:: z o~ ~ >Tj ~ z z z ~~ ~: s ~ g.::;:, " ~ ~ ~ S i':' i':' o 0 > is > ,..0 " -J -J ~~ " ~~ tJ:J 00 tJ:J 00 =I:'l ':2: !l ~ !l ~~ ~ -<> 00 ,.,. ,.,. I:'l "!'j i"l tJ"J ~ N 0 0 Z ZN Z ~ N Z ~ ~ ~ ~ OJ> 0 0 ~ ~ OJ> ~ OJ> ~ - 0 0 >- - w b b w w ... ... ... OJ> 0 0 OJ> OJ> ~ t w w t ... 0 0 N ~ w b b ..... - 0 N .. .. ~ ~ I:'l .., 21 !=l ... ... ... ... ...... ... ... ... ... ... ... >~~ .. ~ 0 -N 0 0 0 0 0 ~ ... :-' .. '-> ..... .. Oc ~,..o W '0"- N 0 <>. 00 OJ> "<l~~ ~ <>. <>. 00 w N w <- aU. Co -(ll:'l OJ> 0 ~ 0<>' .. ~..,> _ !;l ;: .., - . . .. , . '0(r'Vr'.,""",~'l!:I .11. ~-~~"~ " - -~~ Ili/H;'I.Jl .. .~ , -1i<W"*,""""'~"'i",,-I,, ,. SHIRLEY G. WARNER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-6283 CIVIL TERM MICHAEL R. WARNER, 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 (X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: September 28, 2000, by Certified Mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: March 28,2002 by Plaintiff, March 28, 2002 by Defendant. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. ,~~. - ~ =. , . . . . I . 5. Complete either (a) or (b). (a) Date and manner of service of Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: April 1, 2002. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: April I, 2002. 6. Social Security Numbers: (a) Plaintiff: 207-42-7211 (b) Defendant: 182-40-9158 .C ~""~""-""." ". ~- '^ .~~~~"..,~ "-!~~~~dlll&i~,llmi:<~~'p~OiHotablr',,,,,,;j-.~,~,~_"'i *o{,;;,J1LA"LU.,I,ll, .'."..,IIL"..Nl"J). ..,L""", ,,",-~",~- ' . ,"<".,"",,"" ';.~'~"_W""'"- .,' ~- i;~lij_.Jul"!l1 . _~ ,.C -" , o ;-- ',' ::.~ - ~.- ~. = ':-"" -;::.--::, ~() "\.', ~~ \0 'f 'j ':-=-: - , ';,"', I'j ~; 'I; ."~~ , '" ~."- , ~',,- . SHIRLEY G. WARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - NO. oo-,~ IN DIVORCE LAW d~ULl T~ MICHAEL R. WARNER, 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 against 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. C8U~ L Adu,luhn:rator e~ . Co, g~.~a..~ Cuml;-grl~:Q9. C8G..uLy courcnouse f 4'C.n l".loor CI>LE"lc:, ~A 1 '15B ..< I..l~ /Jc.YL- :rel~",I!Ull": ('7171 2"u ..,.<00 ~'i:&:. "P4 OatJ , .Qt{.q-J/~ (- AVISO PARA DEFENDER Y RECLAMAR DERECHOS Usted ha sido demandado en la Corte, si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n . ~ - . " con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcioo anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 Date it fet f (}0 By Bruce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 2 " -",~." , '" - .-------~ -- " "'~.~.~~ -'/1 SHIRLEY G. WARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 60. r,U3 ~~ IN DIVORCE MICHAEL R. WARNER, Defendant COMPLAINT UNDER SECTIONS 3301(c) AND (d) OF THE DIVORCE CODE Count I 1. Plaintiff is Shirley G. Warner, who currently resides in Silver Spring Township, Cumberland County, Pennsylvania. 2. Defendant is Michael R. Warner, who currently resides at 321 West Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about August 22, 1981 in Bristol, Bucks County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. ..." ",-" , ~11;i~S 6. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based: (a) That the marriage between the parties hereto is irretrievably broken; or, alternatively (b) The plaintiff and Defendant, even though residing at the same address until recently, have, in fact, been 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 (2) years and that the marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval servic.e of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce divorcing Plaintiff and Defendant absolutely. Count II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 9. Plaintiff and Defendant are the owners of various items of real and personal property, accounts, vehicles, furniture, 2 R - ~ '~ household furnishings and other assets acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order equitably distributing the marital property of the parties. Count III CLAIM FOR ALIMONY AND ALIMONY PENDENTE LITE 10. Plaintiff is unable to sustain herself during the course of this litigation. 11. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 12. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. 3 'h-~~"",ic Count IV CLAIM FOR COUNSEL FEES, COSTS AND EXPENSES 13. Plaintiff has employed Bruce F. Bratton, Esquire to represent her in this matrimonial cause. 14. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 15. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 16. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff respectfully requests that, after final hearing, this Honorable Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3704(a) (1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Date II ferl. ou By Bruce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 4 ",",". ...-" ~"''''-"' VERIFICATION I verify that the statements made in the attached pleading are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. 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. '~~ Shirley G. Warner q ~ ux:D Date , "-j~~'." ,-.'" "-""'~IiIIlIfin~rriIDI~~"""""'-"'i:ilu~"''''''''''''''-ijal~llo.i'ilii~il\liloi'ii'''''&fJ-'~I~ '''-'kill " . rl~ ~!cq :::-.... ~ ~ ~~ ~ h~ Crt. '" i::; ~ g 8 ?6 () ~ I , I " .... ~ r 0 Cv - 1- ~ "" ........ r--. ~ ". ,0 , o~, ",","". n c :1i:: ~.93 ~ J~ ~ IiIiiIitliL " ~ , ~ ' t f ! I I I t': i. I:' , I i: I,: I'" i> I I r', , r f' I I i r , ~ ;f) ~ i-h,];! .o,of::U .c- ~p ~r" :::;c) -0 :L,:+~ :% f;? ~ N 0111 .. ~ W-< II " _0 - ... SHIRLEY G. WARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00-6283 MICHAEL R. WARNER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN AND NOW, this 3rd day of October, 2000, personally appeared before me, a Notary Public in and for the State and County aforementioned, Bruce F. Bratton, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce in the above-referenced divorce action was served on the Defendant by certified mail September 28, 2000, on No. Z 355 005 755, return receipt requested, restricted delivery, part hereof. as evidenced by the return receipt card at Sworn to and subscribed to before me this 3rd day of October, 2000. / ~ ~,-f ~ ~ ' ./".. ~4~ { I'IOTAIltAI. SEAl NANCI' I. ROACH, NoIaI7. PIutalIc Harritbulg, Dauphin 0IuaIv. PA Commltllon bpi... Jan. ~. 2lJOl.. '" -".-.:.bl""",,,~li<" .. .. C;; SENDER: '" . iPIBte items 1 aoWdf 2: for additional services. "iij . mplete Items 3, 4a, a.nd 4b. ' CP . P nt your name and address on the reverse of this form so that we can return this ~ dtoyou. . ~ . A ch this form to the front of the mail piece, or on the back jf space does not ~ p mit. .'eI) . Write NRetum Receipt RBq/l8Sted" on the mailpiece below the article number. . The "Return Receipt will show to whom the article was delivered and the dale -S delivered. ~ S 3. Article Addressed to: 'tl .!! w C. E o u In In . .dR. Arc/{4#.. ~. tJJ'/.M(D'~ 3,;z; W. AMMuJ d~,t/E M.t!ffl4AJ/C5.dV~/ ,l'r} /7LJ,s-s- PS orm 3811:, De~ember 1994 I --"', .. I also wish to receive th1 following services (for a ' extra fee): 1. 0 Addressee's Ad ess ~ Restricted Delivery Consult postmaster for fee. 4a. Article Number al u "i: w In a .iij g .2 3s-:- () II: c 4b. Service Type .\./:; D Registered )5J Certified ~ o Express Mail 0 Insured ~ o Return Receipt for Merchandise 0 COD .~ 7. Date of Deljve~ '>'>0 s " o >- ... c = .c ... 8. Addressee's Address (Only if requeSfd and fee is paid) 102595-98-B-0229 Domestic Return: Recelpt "~ "~.kl'~""""(" .~ ~ -" "'"" ;",1-"';-.:.._- - gMillfii._ldli1!l~~1!!02W~D-0",",M;'-"_#,'.;Oo",,,,~,>il,ll1Jli'J:!i-~ ''''''"'"''~...,,~' , \ ( i { - '''" -,~~ "," "I~ j' I' II "- Ii' i ~ i~ :~ , ~ ~ " 'l: ~ I: ! !! t , 111 if, m , Fi' ~1 it: <:) C' () C c::> ~n :s::: 0 -0 CD n r;2F1 .-f '~fJ~~ ::0 Zr- I (l)P "'- ".........; -<7- (,:'5.1" t;:c ~,-.! "--' " " -'1', );> ::it: ~~:!J ZC 7C) <-0 J>c:: r- Orn ~ 0 ';:;! 5.J -< I } r f . .~_ .-"~r:","",~"<l)J_n,, "~_ ~,-", . ~" "".>" ,,^, _ ,~. "\)' .~-' .... -~ -",- '.~,- . , . SHIRLEY G. WARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-6283 CIVIL TERM MICHAEL R. WARNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 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 falsifications to authorities. Date: \['{\ev.",&-^ o-~ \ 'O-{)C:>o- ~ ~cv.r- Shirley G. Warner 'lfl,~~*"" .--~'r~.~~.JIit~AM.;~b'm:;;1$i~*,'iQ.~,.,i;,%'''\JJ~:li,~-LW~ ,-, , . ,,,,,,;,' "~--.- () S;~ ~"'" -.';::' ?,,"! CD -~~~ ~.."~ J.-~- ,-I .. . SHIRLEY G. WARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-6283 CIVIL TERM MICHAEL R. WARNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I. 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 property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy ofthe Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ d'/=;\ dbO~ ~ ~cvV'" Shirley G. Warner ~, , ~_1'I\,0>i1<~,-, I] ~m.~""rJl~'rf~~~~it~~_1~~~~~,~~,t~"l~!'(~~~~:li>j''''-''",;;'7;;'i';""",*",'!i~~~'IJJl~ Hifliliilllllilrlli ,.",< '-',:;"-. 't.i:..~ 1f . . ,. "'" <~- "k'-';";' ~ . (") ~; r;O ~ : C,'" f~ :~ -0 ::,) c) "r) \.(J -'. ~ J --~"''''''~. ~- 1IIl~. .q-~"',_....",'W , . . . ' > SHIRLEY G. WARNER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-6283 CIVIL TERM MICHAELR. WARNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14,2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 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 falsifications to authorities. Date: 3 \~\()~ '-{I'v!,Ji) ~WCUA- Michael R. Warner n 1~~~:M!1*j;;lfii~~tm~51M~"i':;-W~~i;;lli1<j:[<.;Nri~~.~A?i.ililii.l . .. , ~, '-" ~. ,~ - ." , ~ ~['~ -'-;','i '-r1 tT: "".~. ~ ~:;:: '-- ''''::-( ,y--~~ ::;:: ,~,,'~ jJj '-','il Ii I ,I ;1 11 ii " ;1 .~--'. '.,', CJ ..,= ""-I~~" .~h' ~~ ~ ,oj"""''-'''~"k-i, , . ~ " I .. SHIRLEY G. WARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-6283 CIVIL TERM MICHAEL R. WARNER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I. 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 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 immediately after it is filed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5 ~9 a~ ~Q~J)~ Michael R. Warner ~'''-- ~']Jl:Jt .i!f~'.!J_ijfJlilt~~-~~%o/:i\1tiiim;'X"""""""f~;~';:~"i,-'t;4r.iHli..~iMr?Ii J1Wi1i~ """'."~-'-',',- ~ . .,~-" ,.,- , - ",-".. -~-" ~<..".......; " " .. ~", ... - "I I . " , I . " . .1 ; ! n ~ :J _:";J ....-, OJ ~ . ......."jl~ " .~ - ~ "'.W_"""""'~.':"c":JI,L' SHIRLEY G. WARNE~ PlaintijW>etitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MICHAEL R. WARNER, DefendantlRespondent NO. 00-6283 CIVIL TERM . IN DIVORCE DR# 30254 PacseS# 586102871 ORDER OF COURT AND NOW, this 21" day of December, 2000, npon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective connsel appear before R.J. Shaddav on Januarv 18. 2001 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 ofyonr most recent Federal Income Tax Return, inclnding W-2's as filed (2) yonr pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as reqnired by Rnle 191O.IW (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 reqnired documents, the Conrt may issne a warrant for yonr arrest. BY THE COURT, George E. Hoffer, President Judge . "';..piij- Petitioner < Respondent Bruce Bratton, Esqnire Kristen Reinhold, Esqnire '1j A R. J.' ~.. Date of Order: December 21, 2000 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 ASSOCIATION 2 LffiERTY A VB. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 <------.- h',i.-' '---:!~ -~-J_K~Ji!!H ..:~"""';~!illlt~~~M~""'~i'ii"m..l.i"'.i:li~~llM~~~~-'""_jj'-~ ~"-~- ,--. ,- ~,. ~_ _ ,~_,__~ __ _ .__ ,~~_, _, -~ ',n .. ~ "' .~,- (') C S. -Ot)-...> roc"'-': ~:id (:-::. ~~O ~~~, CL.' ~ ~S ~ o c> c:J ri1 .::J ~I;: I II ,; 11 I !i i ~ I I o -n ~"CJ 1--= N Q:) ..../ ~~\(.: ~~~~~ ~~~ ':~5rC'. -'-' --,,-:;> :~ v ~. (...) :..n cD ~ " .~ ",-, lII~IIMllli'j~,,_; ".. '., - TRUE COPY FROM RECORD In TOIItlmony whereof,l here unto set my hand aOO the seal of 8..'lid ~ at Carlisle. PI. ThlR ih~:~ ... .~~~~~J Prot onoIt8ry SHIRLEY G. WARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW c---- NO. 00 -(.~ 001.[ I~ IN DIVORCE MICHAEL R. WARNER, 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 against 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 irret:rievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the P:r-othonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU'DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ourt Administrator Cumberland C Courthouse th Floor Carl is 013 Te e : (71 7) 2 0 AVISO PARA DEFENDER Y RECLAMAR DERECHOS Usted ha s~do demandado en la Corte. Si desea defenderse de las quejas expuestas en las paginas siguientes, de be tomar acci6n -- ~~ ~ '<11.=-,"'" con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcioo anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec lamados por el demandante . Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, US TED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse, 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 Date II ~ II- ~ By Bruce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 2 1:, -4 - ....... ~." ~~"i, SHIRLEY G. WARNER, Plaintiff IN THE COURT .OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. MICHAEL R. WARNER, Defendant IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND (d) OF THE DIVORCE CODE Count I 1. Plaintiff is Shirley G. Warner, who currently resides in Silver Spring Township, Cumberland County, Pennsylvania. 2. Defendant is Michael R. Warner, who currently resides at 321 West Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about August 22, 1981 in Bristol, Bucks County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. :I, '" ~ , ~~-J_'<"_"",""C 6. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. plaintiff avers as the grounds upon which this action is based: (a) That the marriage between the parties hereto is irretrievably broken; or, alternatively (b) The Plaintiff and Defendant, even though residing at the same address until recently, have, in fact, been 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 (2) years and that the marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval servic.e of the United States or its allies within the , provisions of the Soldiers' and Sailors' civil Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce divorcing Plaintiff and Defendant absolutely. Count II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 9. Plaintiff and Defendant are the owners of various items of real and personal property, accounts, vehicles, furniture, 2 1M -.'- ...,,-~~, household furnishings and other assets acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order equitably distributing the marital property of the parties. ." Count III CLAIM FOR ALIMONY AND ALIMONY PENDENTE LITE 10. Plaintiff is unable to sustain herself during the course of this litigation. 11. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 12. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. 3 - - ~""~...,..*f<li,c","'c"~C Count IV CLAIM FOR COUNSEL FEES. COSTS AND EXPENSES 13. Plaintiff has employed Bruce F. Bratton, Esquire to represent her in this matrimonial cause. 14. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay..them. 15. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 16. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff respectfully requests that, after final hearing, this Honorable Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3704(a) (1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Bruce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236~4241 Date II fyl. 0lJ By Attorneys for Plaintiff 4 , , '~-"',"liii!!;';" .. ...... VERIFICATION I verify that the statements made in the attached pleading are true and correct, partially upon personal knowl~dge and partially upon my belief; to the extent language in the attached pleading .is that of my attorneys, I have relied upon my attorneys in making this Verification. 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. Shirley G. f.~~ Warner q ls...\7-ct::D Date ~,,~---- -".. ,,-,..~.... .~~""'''''''~ ,~ -' ~ -~'~h~iin;i<~'" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHIRLEY G. WARNER ) Docket Number 00-6283 CIVIL Plaintiff ) . VS. ) PACSES Case Number 586102871/ 30254 MICHAEL R. WARNER ) Defendant ) Other State ID Number CONSENT ORDER AND NOW, to wit on this 18TH DAY OF JANUARY, 2001 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other APL CLAIM filed on SEPTEMBER 14, 2000 in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT UNDER DOCKET 854 S 2000 AND PACSES CASE #119102698 o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Bruce Bratton, EsqUire Kristen Reinhold, Esquire BY THE COURT: MAILED /-,;1;;1--0/ , <:% _~. -tt ~ JUDGE Form OE-505 Worker ID 21005 Service Type M ',' '.~, ^,;;-";;,, t,' ~iIIi.lii~~OO~'!il1'~&ID~lli,:@j,lf__:@~llilt~"""';",-" "" 'fI'; ~iitlIilriWll6Ii-- ~~ , <Ii ,;'";::~;k ""-......-".- (') <::> 0 c - s: -', "Ct' '- ~-, f'Il~i' :Do _or Z -, ;;e ::T~:D zE-' N -!~ (j)~'t;" ...- ~~ ;$. ~. :<:0 ;:.. ~(') :::rc >0 '9 7(") ~ oiTl =< W ~ .&:- -< !,'t'-, a.;.A~ltA -.-.- " , , - .w.~...l"o-:j- ... SHIRLEY G. WARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 00-6283 MICHAEL R. WARNER, Defendant IN DIVORCE PRAECIPE FOR ENTRY AND WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for Shirley G. Warner, Plaintiff in the above-captioned Date /IJ/N!o/ / I By ~~ Theresa Barrett Male, E~~5f Pa. Attorney I.D. No. /f( '{j 513 North Second Street Harrisburg, FA 17101 (717) 233-3220 Please withdraw our appearance as attorney for Shirley G. Warner, Plaintiff in the above-captioned matter. Date ct(Stft 0 \ By Bruce F. Bratton, Esquire Pa. Attorney I.D. No. 23949 2515 North Front Street p, O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 .:,0""" ." _'j"" ]gjU&tllitllll_~U- "'~; , ,~,,~,,~,~~,", -.I il~m~~~~__.ilitiilliMirl-'- ... ,~~'= ~~~-, ~- ~ , " ~ ~ j ~',._-....,~~-- lJlI86l' ~- o C -.7- '-, -Qi:f_' 12. g} L..C. ~2\ ~- :E;Q =u 'pc 3 .. t;:) o ':--:~) -1 " ~. ----D -~. ~ - .,--\. -;:i /-) -on 'k'l '_.r -",C.: _or -'\~ <~-~ ._-;...~ .. ::::\ 5J -< gj """'" -~ ill'">t""~k,, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY G. WARNER Plaintiff v. NO. 00-6283 MICHAEL R. WARNER Defendant CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Theresa Barrett Male, Esquire and enter the appearance of Susan Kay Candiello, Esquire as counsel for Plaintiff in this proceeding. &~~ Date: September /j ,2002 Date: September ~~ ,2002 ~? - , . , -&!lh~",bt, . ~ OCT 2 5 2002 ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY G, WARNER Plaintiff v. NO. 00-6283 MICHAEL R. WARNER Defendant CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, s:;f!!:: ()- <6 ,2002, it appearing to the Court that: 1. Plaintiff and Defendant were married on August 22, 1981, executed a marital settlement agreement on March 28, 2002, and were divorced by decree of this Court on April I, 2002. A copy of the decree in divorce is attached as Exhibit I. 2. This is a Court of competent jurisdiction exercised in accordance with the laws of the Commonwealth of Pennsylvania. 3. At all times incident to this proceeding, the Court had jurisdiction over the parties. 4. Defendant ("Participant") is: Michael R. Warner 321 West Meadow Drive, Mechanicsburg, PA 17055 DOB: 10/23/56 SS# 182~40-9158 The Participant shall be responsible for keeping the Plan Administrator apprised of his current address. 5. Plaintiff ("Alternate Payee") is: Shirley G. Warner P.O. Box 324, Mechanicsburg, PA 17055 DOB: 04/28/59 SS# 207-42-7211 , c c -'~.~~,",_. " The Alternate Payee shall be responsible for keeping the Plan Administrator apprised of her current address. 6. In this action, the Alternate Payee raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa. C.S.A. ~g 3101-3707 (Purdon Supp. 1998) (the "Divorce Code"). 7. This Order applies to benefits under the: Warner Chiropractic Care Center Profit Sharing Plan ("Plan") Changes in Plan Sponsor, Plan Administrator or Plan Name shall not be deemed to affect any order. 8. This Order is intended to be a qualified domestic relations order ("QDRO"), as defined in section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and section 414(p) of the Internal Revenue Code of 1986 ("Code"). This QDRO is granted in accordance with the Divorce Code, as amended, and applicable caselaw relating to marital property rights between spouses and former spouses in matrimonial actions. 9. The Participant assigns to the Alternate Payee a portion of the Participant's benefits from the Plan, and any successor or transferee plans will pay benefits to the Alternate Payee as provided in this Order. 10. The Plan will distribute in kind to the Alternate Payee assets totalling Two Hundred Sixty-Five Thousand U.S. dollars and 00/100 ($265,000.00) as of the date of 2 ',~ =' "''''''''",,"-' distribution or as close to the date of distribution as administratively possible from the Participant's vested accounts. Pursuant to the parties' property settlement agreement, determination of the assets to be transferred shall be at the sole discretion of the trustee. If the Alternate Payee elects, her benefits shall be paid to her as soon as administratively feasible following the date the Plan Administrator approves this Order as a QDRO, or at the earliest date permitted under the terms of the Plan or section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option available to participants under the terms of the Plan, including but not limited to a single lump- sum cash payment. The Participant shall be entitled to the remaining portion of his account. 11. Using the segregated amount provided in the preceding paragraph, the Plan will pay to the Alternate Payee benefits in accordance with the benefit distribution provisions of the Plan, with distribution to be made at any time upon the agreement and consent of the Plan Administrator and the Alternate Payee. Such distribution may be made immediately and while the Participant is still employed. Notwithstanding the foregoing, the Alternate Payee may elect, within the applicable period specified in section 402(c) of the Code, to make an eligible rollover distribution to an eligible retirement plan designated by the Alternate Payee in writing to the Plan Administrator or may elect to make a direct trustee-to-trustee transfer to an eligible retirement plan so designated, in accordance with the provisions of section 401(a)(31) of the Code. 3 ..~'".~~ " . .~ - ~"''''""- 12. If the Alternate Payee dies before all the benefits to which she is entitled from the Plan are paid to her under this Order, the beneficiary shall be the Alternate Payee's estate. 13. The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to the Participant's share of benefits under the Plan. However, upon the Participant's death, the Alternate Payee shall be entitled to receive the benefit set forth in paragraph 10 above. 14. The assignment of benefits under this Order does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, to provide increased benefits determined on the basis of actuarial value, or to provide 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. 15. The Participant, the Alternate Payee, and the Court intend this order to be a qualified domestic relations order as defined in section 206 of ERISA and section 414(P) of the Internal Revenue Code of 1986, as amended. The provisions of this Order are to be administered and interpreted in a manner consistent with such provisions. 16. The are no prior Orders which purport to dispose of the benefits described herein. 17. The tax basis of the distribution to the Alternate Payee will be on a pro-rata basis pursuant to Code Section 72. 18. The terms used in this Order will have the same meaning as in the Plan documents. 4 "'''-~" "., .- , ~ _'L '...."'W'i.m:i<I.- 19. Notwithstanding anything contained in this Order and procedures to the contrary, if any provisions of this Order and procedures is inconsistent with any provisions of the Plan, the provisions of the Plan shall control. 20. After submission to the Plan Administrator, if this Order is held not to be a Qualified Domestic Relations Order as defined in section 206 of ERISA and section 414(p) of the Internal Revenue Code of 1986, as amended, this Court reserves jurisdiction to amend this Order to establish or maintain its status as a QDRO under ERISA and the Code. Modified Orders may be entered nunc pro tunc. No amendment or modification of this Order shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided under such Plan. 5 ~. I;, Kj( ~ /~. /D13.D-'- Air! ~ ,'l'l,-" Lf-. 1 ." ,. - il _ .)1lfI Po, n 2: (,0 ,-~. ~1iIl'\I!'~~lJ!!!~~lJ:i!'~~t?"""-""-"_,,",""';1Il';~i'1~i;~'';~~~'ljffi'\);WI'~~~rl! ~ ~.,.~qF " Consented to: Theresa Barrett Male, Esquire ~:!llIi:,l~i, \.~Qc8~ Michael R. Warner Participant ~~?OA- Shirley G. Warner Alternate Payee ~~d . r 6 ,.. '.. Exhibit 1 ,~""""'...,;", '- i""'i" ~ -' -t>I1!! ,'; '.~ ,;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Shir1fty G W:lmer Plaintiff . No. 00-6283 Civil Term VERSUS DECREE IN DIVORCE 10:58 AM AND NOW, April 1, 2002 , , IT IS ORDERED AND DECREED THAT Shirlev G. Wamer , PLAINTIFF, AND Michael R. Warner , DEFENDANT, ARE: DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEE:N RAISED OF RECORD IN THIS ACTION F"OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . The Marri:lge Settlement Agreement betWeen the parties shall be incOroorated. but shall not merge with the final Decree in Divorce. . . . . By THE COURT: . . Edward E. Guido Amf!~., Certified Copy Issued: April 2, 2002 J. PROTHONOTARY .,", .. ~ .1 .-- '.-"-"" ""(<P\1lInfil~~iib';~i"\: ........, ~. ... .~ SHIRLEY G. WARNER, n/k/a SHIRLEY G, MARDIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 00-6283 MICHAEL R. WARNER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT DATED MARCH 28. 2002 Addendum, made this loft" day of A'oS,> \.l t ~ ,2005, by and between Michael R. Warner and Shirley G. Warner, ridw known as Shirley G, Mardis, at Harrisburg, Pennsylvania, WHEREAS, the parties hereto are formerly husband and wife, having been divorced on April 1, 2002; WHEREAS, the parties entered into a Marriage Settlement Agreement which was executed by them on March 28, 2002; WHEREAS, the parties mistakenly failed to address a marital asset, specifically 425 shares of Prudential stock, along with issued dividends; ...." J1 " . . ,. .~ "' ~liliii*i~'~ . --" ''"'.'"'''",~""",,;,_~~y,;~_'', l. WHEREAS, the parties are desirous of modifying and otherwise amending their Marriage Settlement Agreement dated March 28, 2002, in order to address the division of this omitted marital asset. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the parties each intending to be legally bound hereby agree as follows: I. It is agreed that Shirley G, Mardis will transfer to Michael R. Warner 212 shares of the 425 shares of Prudential Stock which is issued in her name and that she will retain 213 shares for herself. The parties agree that they shall sign any documentation necessary to transfer said stock within five business days of the date of the execution of this Addendum. 2, The parties agree that Shirley G. Mardis shall pay to Michael R. Warner the sum of Three Hundred twenty-four Dollars and six cents ($324,06) representing his one-half share of the dividend checks which were issued to Ms. Mardis by Prudential since the issuance of the Prudential stock. Said money shall be paid by Shirley G, Mardis to Michael R. Warner within five business days of the date of the execution of this Addendum, 3, The parties agree that Shirley G. Mardis shall pay to Michael R, Warner the price of one-half of one share of Prudential stock. The date of valuation of said Prudential stock shall be the date of the execution of this Addendum. Said money ,-~ -~~ .1d~~_~~lW';;*: ~........, J. .~ "'. shall be paid to Michael R. Warner within five business days of the date of the execution of this Addendum. 4. The parties shall be solely responsible for any and all tax consequences resulting from the transfer and/or sale of their respective shares of Prudential stock. 5. The parties agree that this Addendum shall be filed with the Court and incorporated but not merged with the final Decree in Divorce. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~ Shirley G. Mardis ~evJ~ Michael R, Warner "' '0.. ii!$ll_r "".l""""ltw!i0lli'~~k",-l:!;f'L,*A<,;::&;""'c':,,;-!,r,~;;k-~i-"d"/'" ;.'-~'H';~'~;i',*ri#H~,"91llilalXl 1iiii]lIlillfj,i!llJlill1l!fb::;i\i~"'-" _JI1jM!t~-lt.i1ii!fi~""""" ~~~"".;(" ~'J:rli (') C ,,~ -'(1r:~ C'9r,~, 1~(~; .~ '1:":' ,~- "7\< :~~~ ~~: ,-<. ....., = = c.n Y" c:: G) N N il'iW ~, , -, ~. -.::-. OP" -:)l' -~ is ~ :I!...,., rnp: -om ~~t ::--~~; :1-1' qo Orn -.4 ;?: ~~ s:-