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Home My WebLink About01-2646 FX - . . . . . . . . :t: '" "'''' "'''' "'''' ili "'''' '" . . . . IN THE COURT OF GOMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. THOMAS ROBF.RT AUT.T, . NO. 2001-2646 . . PLAINTIFF . VERSUS . . . . SHARON BETH AULT, DEFENDANT . . DECREE IN DIVORCE NOW~ l,..'t THOMAS ROBERT AULT PLAINTIFF, . . . ~ 4-',ZC( p)4.. : 'fdo r ,IT IS ORDERED AND . AND . . DECREED THAT . . . . . . AN D SHARON BETH AULT 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; . . . . . . . . . ... . '" Of.:F. Of. :f. '" . . . . . . . . . . . . .. . . . . . .t"""',~'0'- -. ~ '-'-1""" -'-," ~'-"," .'to r'~~"~'" '-~__~__I" --- ._.To, 1w I~ ,-'-, , . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . , .,~ ~_'-""-'."-'iiliilft~ili;jlj~~!iil~~iil~.a""':" '~,_.~....._~"'" .~" , " I"-h> "' ~ ~ _i~_, P\ 9- .'""" ",-'. . 'ff'c76lJl dd'- ~ ~~. -4 ~ g";),fiV 7fde ~:? ~ ,.I,.1J1I1".m.mll'lI!ILif~iI'!I!L1UU .....I~ '.,.,......... ............ .....,.. ...... .4. M1 Iff . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA - No. 61 - .;},(..I-/{. CtCJ ~l '-r0'Ui THOMAS ROBERT AULT Plaintiff SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A. 17013 (717) 249-3166 1-800-990-9108 ;;'~~~-~~,..,-, *",_^" '--'c"; ,.-,-. -_.,"-~- VI-' , I- I < '-, -~~. -' "" .. .. vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. S, 2001- ;;U..'It.. THOMAS ROBERT AULT Plaintiff SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. The Plaintiff is Thomas Robert Ault, an adult individual who currently resides at 48 Westerly Road, Cumberland County, Pennsylvania 17011 and whose social security number is 171-38-6649. 2. The Defendant, Sharon Beth Ault, is an adult individual, whose current address is 5340 Oxford Court, Apartment 55, Mechanicsburg, Cumberland County, Pennsylvania 17055, and whose social security number is 177-52- 9325. 3. Plaintiff and Defendant were married on August 24, 1991, in Camp Hill, Pennsylvania. ')'~ 1'-:!' . I . '''1' - . I """-~ ,,' ~. 4 .. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no minor children born of the marriage. 2 ,'j;!I~:),."~ ,"- 'J- ."1"""_:'''" .-,-" ' Ii'" ,"'- - ~.- " .........,~ U'" >~ ,~,~, ~ " - . 10. Plaintiff avers that the grounds on which this action IS based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. BY: Date: J; p710 / 3 >~_." o._~, _._ "0 1 ~ -, I -, [ ,-' --1 ""~....~,o.",,,~~ , VRRIFICATION , <, ..... I verify that the statements made in this Com'plaint in: bivorce are true and correct. I understand thOlt lillse statements herein are made subject to the penalties of 18 Pa. C.S. Section -l904 relating to unswam falsitication to authorities, <~-r Date: itp?P " I -"'''\'!!!!'' . ~ '- '.- '" ,,' 'I \ '-' 1'( I' vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT Plaintiff SHARON BETH AULT, 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 May 2, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree 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 made herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: f, 1-~/ ~~ Thomas Robert Ault, Plaintiff '-:~~--, - - " -""'-- -I ,"~ - .,. 'I" , ' ;:_~..,~ -~ _0.. , ,- . l .~.-;" . ,~,- ,,'" '."'-> " \.",",-, ';V.-; Jl-'-V ''''='~'''''-- -;''''fut.tr'J''j'U;;"...".''t:'(:''"-'':.~iL ~-.'[?" ~)1iiiiji" () C.) ~~:. C -Dt I >'" e- m'T' 0') 2~T~ ., Ze': ()J__:_' U -<-..--- r-t. .J :0::: . ~(~ "i:::::() ~) ~::: .J.. c: .~ ; 2: ::n j';l :< ~--.,! CD -< ::mr ~~'-""1- "F'Jl.1!f1I ,J ~ !I!I~'-"l~1L::;'?__ rr:'~'~\'J~l\IiiIiIl~[lll!!fifl;l!I~;>ii~,mn~,,,,,,,.o-0"_"-?""'"'''hW%'';(ij.'"'''''~l;;;:;1:e:i;~''';~'''N'''')!'!A'1'r*"f_~%!il'l!!I~IIM'\~t-f''"i''l~'?I''''rC"C'';ij,'''''!iol-"_''1JW"f,\.IH~iM'm<~,'l!0ill/i!l~\T:i , , vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT Plaintiff SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on May 2,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. <{/tJ -~/ ~JJ/~ Sharon Beth Ault, Defendant Date: _:~...,-- - . _c "-f ._~_"' H =, "'1 _'_I' '-1- '0'-,-7"'1'- , ~ "1 ,~ (lfI" " '*-""'f ~ "< ~~ ...... ~. -,j'1l'!"W --~ "I ",",,-' -.',' c- ~ ,,;: ,-~ 'c- "'olf''ilil'iiiTillilil"--1C1'iil nrf""-"T'''< :-~' -;'f'itC-r: ~ '-,,~ ,,--t~ 0 c::. () c: <'" -'Il ~v(7~ ".. n-tr~ 3') Z=i": t; .. Z'- ~~ , l', C ; ~~~: L'''-'- -=r--, j~) >'~ c: ~z: "-.' ::< :.n )::;~ '_J =0 -< ~,~<~~#1I!'~ljl!11I'!JlIIlI!i!9~MI}.g.~""l!f'''![lE;>f'~ ~',-V'-": >"9T";~,,,,,~,,,(ii'V:lYi!~'*('0't,1,ii~"~'l:m"'#j"~W"-''f_,,,,,,,,.,,,,r''~~Hfi"Wi~~'f_""f~>:1ij!~~" Iff \ , . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT Plaintiff SHARON BETH AUL T, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l( c ) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may .10se rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verity that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. c~~ Thomas Robert Ault, Plaintiff Date: ?- ?'-tJ/ - ",-- -~,~, :--?,- - , -] ": ,-~-~ - - ~ C' "1 I ~ -'", ~ ..... ',~ ,.,,..~""'- II!illJI!,,)! .1_ "<>'- --I -'~ - ,~,,-" -~, ,--,., t<J,";c.!;;;;"';""" <, "'h""""~"'.'''lfi'lmmlllirinr.til.''''ij'r 0 C3 0 c: ~'O -.>,< ~ ,> ~ -:J -0(;) ~- mer-: c" z::::.____- Z'- ~~,~ (J, < ~C! --., --0 , ~ ~;c:; ~J: '-') ~Cl ;.~ >'C I;:? <-:5 z :.n ;:;:;;! =<! :'D (Xl -< f ~ '_ .IL-",._..,.,.~~~" ~ ~)ilI~~fl':NiW1~~l!II~tii'IJlM;M!illiflltlJol')"f$'~-!'''i'H;;:'"~~'~H",:''''t,~'~M~-'''"~:'''m''''Pl~l!!"wml~lJif'#!lIfr~!i!i~L1j~'''Ij';,~ll'-]!j~');!'f!l"'~~1f f ~, .. vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT, Plaintiff SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l( c ) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. f'-f~~/ ~ /J. au.J:k Sharon Beth Ault, Defendant Date: -;';111-"- _~J jl~l ,_~ ..'0' r'!--' ' 1- ,-- -" 'a m:""f"""~ ~'~"1 ~~~ "I ~" ^"" "~~, ",' '~'''',^-' "'~'od ;o.-,.'''",,,,,,,,,r=,_', """'I'l"""""'''"'C0-, ,,,c.:.;x;;c,', '-'iJfi(ijt.f~ 'f'Yl~- ,,,.'- o c ::Z~ un:, ~!~T 2:[- ~:~:- l;:C~' j;; '/,(") -C' P'C :z =< ;:;:",) () -n J':'lDi' '.;-:; , ; ~:i ~J{S ~~~ ~~ C)' >, ---I jJ -< 'i..,' 1'0 ::.11 0:> 1 _~~-;s'~~~.<~, J:; IFI'.~I!!~~,i1J~,,~~~-,,_o'''''');J,-', ,~_JIlW1f~~~~UliJ!Wl~<lIImnW1fiB,fjj'Wt'f_-;W0';l'ji"HJ""!-",~"\-"""""i)>'~,,;-, -"'':TT"~-,-;_'m,,,,*';j;~m!'l'~;rH';;f$i;''i,l!iI''~;r''-,,~,,;j''"~'~_"'!;'1H")Y1?M"W,~11''*''';' ~~ ". . vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT Plaintiff SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code was served upon the Defendant, Sharon Beth Ault, by First Class, United States, Certified Mail No. Z 569 114 983 at her home address of 5340 Oxford Court, Apt. 55, Mechanicsburg, Pennsylvania 17055. Attached hereto is the return receipt card executed by Sharon Beth Ault evidencing receipt of the same and dated May 8, 200 I. BY: iane M. upi Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 Date: f/!r/~J !';t:~,~...,.._ _ ":"~' ~._-~- -- j'!,'; I I~'"" -. - ,--" , . , OJ _w "-( . I SENDER: COMP~ETE THIS SECTION ~...... Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. l · Print your name and address on the reverse '~.~ so that we can return the card to you. . Attach this card to the back of the maiJpiece, or on the Tront jf space pennits. ""-1. Article Addressed to: 4~ &:L:IJ ~ ..s-..3,yO O~~ ~ SS- 'YY\~1 fez l1a5'S " _. ,io. c. Signature -<.1 .I/.. /lJ',_ A.L 0 Agent X ~~..t..)J~ 0 Addressee D. Is delivery address different from item 11 0 Yes If YES, enter delivery address below: 0 No . . -',.~ "....-.. __.. !!Eii';;~ ",",. Return ReceIpt for Merchandise o C.OD. 4. Restricted Delivery? (Brtra Fee) es 102595-oo..M-0952 .' :,:. ss~ , ~, ~ ,... b.," . . ~ ,.' ,~-, < .~- ,.---,' , .'" , '",-'.,_,J - _~. '1<i'.J.-;"1""","!;"-'-"-"'"'fili'':!'''-''-"l';';"""~ l , 0 r.;:;:::. C) C '"fl s: ::= ---' -Dee ':::: rnrT, G") -7-'- .. , zf~ ," ~Q~::- ,.; , ~c> -",-~. -J> r- r~g: r:::i - >-- , 2: :.n '1~ ~ :< ::c .~ .~ .~~,~'" , ," ~,_ .11" _J.~W- -:-":r\lllf~~~lI!Ji\\\iIilI~.,....~~j'lI~:W-fjri'B'!""";;;,f'""'''''<fn!'"p.-,~>:'J8''r,'~/I"c!\'!OJ~"<If.l!!1~'~!<l"n;h',!L"!i:~\"'~I~lW~~~-N > ..,. THOMAS ROBERT AULT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2001-2646 SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER #- No V i.m/J tit.. AND NOW, this S day of 02-t515er 2001, upon presentation of the foregoing Stipulation in the above captioned matter, it is hereby Ordered and Decreed as follows: It is the intent of the Court that the provisions of this Domestic Relations Order ("Order") operate as an effective assignment for the Alternate payee's interest in the Schaedler/Yesco Distribution, Inc. 401 (k) Plan, set forth below under both state and federal laws, for all purposes, and constitute a Qualified Domestic Relations Order in compliance with Section 414(P) of the Internal Revenue Code of 1986, as amended ("Code") and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), pursuant to the Matrimonial Settlement Agreement and Divorce Decree incorporating said Agreement dated August 9, 2001. 1. Plan: This Domestic Relations Order shall apply to the Schaedler/Yesco Distribution, Inc. 401(k) Plan, ("The Plan"). The Plan Administrator is Schaedler/Yesco Distribution, Inc. ;!iiL ~ .- _"~_ ',' _ __'.". """ 0' .r, , C""'''' ,_ Co .["''"7" ,,"' I, , , -<- ~".'_~ ,ffll' 2. The Plan Participant is: Thomas Robert Ault Mailing Address: 48 Westerly Road, Camp Hill, P A 17011 Social Security Number: 171-38-6649 3. The Alternate Payee: Sharon Beth Ault Mailing Address: 5340 Oxford Circle, Apt. 55, Mechanicsburg, P A 17055 Social Security Number: 177-52-9325 4. Number of Payments: One Lump Sum 5. Savings Plan Distribution: Schaedler/Yesco Distribution, Inc. 401(k) Plan shall pay directly to the Alternate Payee, Sharon Beth Ault, an amount ("X") determined by the formula: X=50%* AB-($9,000+EE). For purposes of applying the formula: AB is the vested account balance on the date of distribution and EE is equal to the total salary deferral contributions deposited to the account on or after October 1,2000. The cash distribution is to be paid as soon as administratively possible after Schaedler/Y esco Distribution, Inc. 401 (k) Plan, qualifies the Order. 6. The Alternate Payee hereby elects payment from the Plan to be paid in cash in one lump sum directly to said Alternate Payee, less the applicable Federal Income Tax:. 7. Nothing contained in this Order shall be construed to require the Plan or the Plan Administrator: (a) To provide to the Alternate Payee any type or form of benefit, or any option, not otherwise available under the Plan. ''f,!lj--~ ',~ - ~ -~ . ,,,-"-,.- .. -:1 '-," " , _Iil"~ (b)To pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another domestic relations order previously determined by the Plan Administrator to be a Qualified Domestic Relations Order, or (c) To require the Plan to provide increased benefits. 8. Payment from the Plan to the Alternate Payee pursuant to his/her Domestic Relations Order shall be includable in the Alternate Payee's (spouse, former spouse) gross taxable income. 9. A certified copy of this Domestic Relations Order shall be served upon the Plan Administrator. J. ~~C)\ \J) ;i;~" '"" l!II!i~~~,. ,,'^ , , I' "~ - -1 -'" '"1 " 7. .., -~. ~7" 1" ". ~ "",w_. ~, "'" "^''' ~- ","J' ;!,,-'-~ c',. .,'>,." - , ., '-I<"'~f""'r"'~"-'-"""'~f'('O-o'- -u(tr~ '~t'" ViNV/\lASNN3d '" Ir~,~ n'" r'I~~''',~" /'\..!J"J, it..I,) '__:1\',' k:~_:;tj~i :0 8 'I : !l1,i1J c: ilOH I 0 I";:,j or'l -,-,r"", ,I'!''''' r n '~~i_.".,.\l!r~~~'f,#ttl\ll;!f"!\!f'~"""I'f';f.J'-"~F!'>"i'-'f~,"'P{";t;:c:l",li'iW'!,_il~!l"",fi~!!J'i'l1~li~l!ili!\l~~&"~"~l'~t',)If~~ THOMAS ROBERT AULT Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2001-2646 SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER The parties hereto, hereby stipulate as follows: 1. The parties entered into a Matrimonial Settlement Agreement dated: August 9,2001. 2. The parties received a Decree in Divorce dated: August 22, 2001. 3. Pursuant to the Matrimonial Settlement Agreement and Divorce Decree incorporating said Agreement, the parties agree to the entry of a Qualified Domestic Relations Order by which Sharon Beth Ault is to receive a lump sum payment determined as follows: X=50%*AB-($9,000+EE). For purposes of applying the formula: AB is the vested account balance on the date of distribution and EE is equal to the total salary deferral contributions deposited to the account on or after October 1,2000. , ~ ",r__ Co-- 01'__;" ~ . c ~ "",,-...11.- . .,- ~ --- ~ . 4. The parties have submitted the transaction contemplated hereby to the Administrator of the Plan and the Administrator has determined that the proposed Order attached hereto would, once entered, constitute a Qualified Domestic Relations Order, that the Administrator may effectuate without adversely affecting the tax-qualified status of the Plan. 5. Attached hereto is the proposed Qualified Domestic Relations Order, which the parties have agreed to have this Court enter in this case. WHEREFORE, the parties hereby jointly move the Court to enter a Qualified Domestic Relations Order in the form attached hereto. Dated: ~O-2.0~O\ omas Robert Ault Dated: I 0- d-.O-[) I ~ -6. 0>>...1:t Sharon Beth Ault Attorney for Thomas Robert Ault ,,: Diane M. Rupic, quire 1017 North Fron Street Harrisburg, PA 17102 (717) 232-9724 ,q~. ~ , . I ~ . , '" - '1" 1-- - I' ?_- ~ ,~ ~ ~~ ~, -~ o 11~. " ,~"..~- ,-.. ,'-, ',' . ~ - ~ "'-~=~-, ~ ~,,~~.,>~- ,-" () 0 0 c: 'on- "U f~0 2: ---, [qiJl ':C:) ~f;q ,,;:::- ~~~~: S::c .}?(-~ "U ~:j ["",) '__J ". ~-c__ , .~ --i .) -< h) :"'J -< , " . un 1]l!rnrn .. " , --=-~~~!IW.~;'fftW,,~!l'Il'f',",~1,,;P~"--'@:)';!",'~R'~tn'''~'1-!''''qif':ry~-jJl~''1Ji:~*,~~\>1i~-iil!i'1i~!f;...Jt$",~;r,~;~f~~!llli\~~ vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT Plaintiff SHARON BETH AUL T, 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: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on May 8, 2001. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, August 9, 2001; by Defendant, August 9, 2001. (b) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiffs affidavit upon Defendant: N/ A. ;',;,'::', 1 - ---'-." -^'--'" n ^ , '7'-r . ' 1') ~~ ,"' - .:~.,~,..,- 4. Date of service of Notice ofIntent to Finalize under Section 330l(d) of the Divorce Code: N/A; Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith; by Defendant: Simultaneously herewith. 5. Related Claims Pending: None BY: no"~ '1--' I" .0 -y'" r w-'fllf,'f ."....=Il!i-g~j,. .. ..'-. ," = ~-~ . I' ,,,, ~~. ".,- -"<'''^~"'-;:C ~,""_~" ~ ~ ~,-"' =~~, =I~<"H~' () ~.., ~ .:..::... ~~s::, ~~~~-, ~~ ~ ., c::::.) ..... -, '_..1 1; ~~:;!IIt '~ t.)- ::..;() '~ ::-~,: '.~~i:'S ~,,~ \T\ ',-, -----I -, :g ", ~'-ZJ -0' N .. ':"'1 \!) ....4~~~__"~~;;f,i'~iH_tclc~;~'ld-"""-T"G<.-'> ~l;:-,."-.t,;"-''i':;;F'">!:;,':lif,)'Yi'_,*~fl1~'@'!'i'l!H''-.~",'{<,~~,,~~~~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this J~ay of ~ 2001, by and between: SHARON BETH AUL T, hereinafter referred to as Wife; --AND-- THOMAS ROBERT AULT, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 24, 1991, in Camp Hill, Pennsylvania; and WHEREAS, there are no children born of the marriage. ,~,~ , '''/,,:- ;.;, ," ,. '~ ' ',-, - '" - -" .' ,-', 1-, '! "'-'1 ,- '. ~~~I .'"',~.,' " WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and the settling of all matters relating to the custody and support of their minor children, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 2 ;',;-~-l ) ':1" -~ ". ,- lei 1-- 'I _. .~ ~~ 1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed 3 ,J!" ;!~"<'0' '-'1 " :]-" . - . ;. however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES. Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or 4 '~"''''';;' .. ,q . ~ --= - ,. " ":' 1--': . .,. ~ ~~~_"F~ against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to gIve to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the 5 .1~'7?"'l_, ".'<'-. - -'I , I I ml~'" other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL. Husband and wife acknowledge and understand the terms and conditions of this Agreement, and husband is represented by Diane M. Rupich, Esquire, and wife is not represented at this time. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. 6 ;'-:',o~~~ .., ;.'"/. _""""",,~,~,,_ , - ~ . "' -"I . '-'1 "I'. J$iI!l~' Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his 7 --~:B:~. . ,,- --- -~ I' :'~- I" 1 _~J' , or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS. Husband represents and warrants to wife that since October 5, 2000, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnifY and save wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since October 5,2000, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnifY and save husband 8 11:, "'_, >~ ..,,"." - .". =,," - -I - _'jl ~I . - harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband and wife hereby acknowledge that as of date of separate, there are numerous marital debts which husband shall be solely responsible. Said debt includes, but is not limited to, credit card obligation due and owing on a Master Card (2), Visa, Discover, American Express, and a school loan for wife's son, which husband co-signed during the marriage. Husband hereby indemnifies and holds wife harmless from the payment of the above joint debts and all other marital owed as of October 5, 2000. Husband hereby agrees that he shall be solely responsible for the payments of these debts and that should he default and wife be contacted for the payment of these debts, husband hereby agrees to reimburse wife any amounts which she would be required to expend as a result ofthese debts. 8. REAL ESTATE. Husband and wife hereby acknowledge that they do not own any real estate to be distributed through this Agreement. 9 ,;\,~'" ,^.' __11,1: _'1""_"'_" ._ ,>< H 1_: ' .-""J '1-- ~ I ,~, "~~~ "" 9. PERSONAL PROPERTY. Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: None. 10. PENSION AND RETIREMENT. Husband and wife hereby acknowledge that husband has a 401(k) and a profit-sharing plan through Schaedler/Vesco Distribution, Inc. Wife hereby acknowledges that she received a copy of the Statement of Account as of September 30, 2000. Husband and wife hereby acknowledge that wife shall be entitled to 50% of the value of said accounts less a credit to husband in the amount of $9,000.00. A separate Qualified Domestic Relations Order shall be prepared and executed by the parties, which shall specifically set forth wife's desire as to payment of the amount owed her. Husband and wife hereby acknowledge that there has been a substantial decrease in the husband's 401(k)/profit-sharing plan through his employer as a result of the Plan's investment in the stock market. The 10 ')~K!l]l. . '~"--"'<'-~,."'-J_' ,. - "<;:","'_"l '" -,,- T---- ~,_" ""'-:1, ~~'"''''~- parties, acknowledging this decrease, hereby further acknowledge their agreement to utilize a date of distribution for the purpose of establishing the payment to wife. Husband and wife hereby acknowledge that the purpose of the credit of $9,000.00 is as a result of the debt, which husband has agreed to incur and be responsible, which was more specifically set forth above. In addition, husband and wife hereby acknowledge the credit of $9,000.00 due husband includes a consideration for the automobiles of the parties, which were purchased during their marriage, specifically, husband had a 1998 Jeep automobile, which has since been traded in and wife is in possession of a 1994 Plymouth Grand Voyager SE, said title having been placed into the name of wife previous to the execution of this Agreement. 11. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property 11 ;:~,~",~ ' 'V'_' , ~_.,-,~.,_,"~r . ' , - . ;.P.. _ I '",~- , ' - '~ -! r-~ -, ~ _"1' under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 12. MUTUAL RELEASE OF CLAIMS. Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. 12 '~~1Iji!,. I -,<' .. "-Eo ~ ~. . -T r' .' =~'" It is the intention of the husband and wife to give to each other by the execution of this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. , 13. WAIVER OR MODIFICATION TO BE IN WRITING. A modification or waiver of any of the terms of this. Agreement shall be effective only if in writing, signtfd by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION. o. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all 13 ':,,,. ..-1"' ,,., -- ,r ,n_ "~-r'c" ':f ,.:~ ' ".,' "t- -'1- ,--- .,. '-1- nO- __ future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 16. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 14 ;--~-~':".,,-, - r ." 1-1- I' ~- -~ < ~.-- 17. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18, HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19. DIVORCE. The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice ofIntent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 15 ,1",__ ~ "-,,~-,>,,,_,_<__. ~< . "an , "__'~I'_ '" 'I -- 1 "-, ~ " " IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~ Witness ~I>/.~ tness '/ "j' '. -~ '~-"-"~ '~~"" ,",~ '-'--~-' " -, I"':;, . -, r. ~ .6. Clu.Ji::s SHARON BETH AULT ~~ THOMAS ROBERT AULT 16 ,~ 1, (SEAL) (SEAL ) _. ~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN tf'. On this, the,;n day of~, 2001, before me, a Notary Public, the undersigned officer, personally appeared SHARON BETH AULT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: 1-5- J-ob~ (~~~liCd~ No\lIItaI SeeI JI8n L. SmIIh, Noli!IY NIIlc c.- P8llIiJII ,.. DIiuPI*IOlunIY Mr c......dIIIoII EllpIres JaIl, 5,l!OO4 ..... .......... ....,.,...,..."...... COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the J 151k day of j,J/ { , 2001, before me, a Notary Public, the undersigned officer, personally appeared THOMAS ROBERT AULT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. Notarial Seal Car-melO J. Claudio, Notary Public Lemoyne Bore, Cumberland County My Commission Expire. Feb. 25, 2002 17 1cial seal. IN WITNESS WHEREOF, I have hereunto s My commission expires: 2 ~ 'Z. ~ - 2. 001-- ,. ~" -~'f:. _., -; ~- - --I ~ ;-~- .~ 1 ' . , 1" 1'- lfiIiilIl"~Ll1i!H! ':'... ~.~ ",,' ,1'i'!II'fiII ~ . -,j- s:_~ ) I ,.~~ , ( - ~- '.J r-~ c-- (~,::-j (..) '-, .;::..~ ;~~ -rj !; , C) )> ~;; i"i' :-.5 i n ~:! =< :." :0 ._1 -< 1l!T)~~~~~l!lfflmll~~~'('I$~l't~-'''''y,'''-;~'P-W'-'9''''''''-'''''' 0;';' "",'''-''q''''",;~","~",0!9'l-,.1"",,^\:,;jji'1lW:Hj~~'~'"'f.f1,;;~~;;:,;w.,Mn~,~~'1l'~,>Ji vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-2646 THOMAS ROBERT AULT Plaintiff SHARON BETH AULT, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this1..1~y of , 2001, it is hereby Ordered that the Property Settlement Agreement ated July 27, 2001, attached hereto is incorporated herein and made apart of this Order of Court. BY THE COURT: t1;,:, " ^ .-"l"~c~,,,,~,,'I"'"-"'''''''''' -, -. I''f ,-- _oj"~ to , ~. ~W~~~~"/)'(H:k,''''-"~'~iiH;i~''ffio".:;4iiiili~~k,*"E':WO''-';~'kM~'W~,;,,,,^~",,",,,],""Nict,;,"~"#_'4(i:i!i!ill.lI&~~.~iIl!IMiIb.c- ll!llJ1i -~~t- 11i'fl~U'~IO!Gl; -'ur])' '0,' .r...,; 'r.. " . ,~: L' ,';, :,:,; (; I j' il (~ CUI\,:,~":,,',,, :, :', '~':'" '-1-',\L: (:1"-' 11',1"'-' l"'cNlvr~')/J1 .,.. ~J'-;''.''~IIJ I Y v",Vl-iI\IA ~~-$.4~~.~ _~_~~" ;''''''''''d~''",,"J\''''' _e7: 3_' ,~, "",~<",","","',',1-_' ,e_" ,., _. WU._ __. 'i'.' , ,'~ ';,,'~ ~, "_. "" _,.\. .C". ~_< , " _~ V -, Po" ,~_ ?, -,~--" ~--- ~,",--.l. ~_ir H !) i,i !, ~ ~,