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HomeMy WebLinkAbout07-1811 Stephanie D. Baer, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW Daniel K. Baer, NO. 9 CIVIL TERM Defendant 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU . WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 Stephanie D. Baer, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW Daniel K. Baer, NO. 0 q_ CIVIL TERM Defendant IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Stephanie D. Baer an adult individual currently residing at 501 Glenn Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Daniel K. Baer, an adult individual currently residing at 119 '/2 West Third Street, Waynesboro, Franklin County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 12, 1995 in Franklin County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman-Snyder, Esqui •e Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: J1A D'I TEPH NIE D. BAER -TI rt 11 ? .1 C `? - C3 ) _ STEPHANIE D. BAER, Plaintiff V. DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Stephanie D. Baer, an adult individual currently residing at 337 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Daniel K. Baer, an adult individual currently residing at 119 '/z West Third Street, Waynesboro, Franklin County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Madison Noel Baer, born December 16, 1998. Mother is the natural mother of Kyle David Baer, born October 18, 1993, and Kolbi Stephen Baer, born October 18, 1993, and said children were adopted by Defendant. The child, Madison, was not born out of wedlock. The children, Kyle and Kolbi, were born out of wedlock. 4. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATES Stephanie D. Baer 337 East Garfield Street November 20, 2006 Shippensburg, PA 17257 to Present Stephanie D. Baer 501 Glenn Street February 2004 to Daniel K. Baer Shippensburg, PA 17257 November 20, 2006 Stephanie D. Baer 133 Stoney Point Avenue February 2001 to Daniel K. Baer Shippensburg, PA 17257 February 2004 Stephanie D. Baer 28 Highland Avenue 1997 to Daniel K. Baer Shippensburg, PA 17257 February of 2001 The natural mother of the children is Stephanie Baer who resides as aforesaid. She is married. The natural father of Madison and the adoptive father of Kyle and Kolbi is Daniel Baer who resides as aforesaid. He is married. 5. The relationship of the Plaintiff to the children is that of natural mother. Plaintiff currently resides alone with the children. 6. The relationship of the Defendant to the children is that of natural father to Madison and adoptive father to Kyle and Kolbi. Defendant currently resides alone. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. 8. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. 9. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been and continues to be the primary custodian for the parties' children; b) Plaintiff is able to provide a stable household for the children; and c) Plaintiff is able to provide for the day to day needs of the children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the children. Respectfully submitted, s Hannah Herman-Snyder, Esquire) Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. f DATE:1 ,---? J=;t- ? 5) EPHA IE D. BAER, Plaintiff ( C? i? ""t STEPHANIE D. BAER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-1811 CIVIL ACTION LAW DANIEL K. BAER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 09, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 03, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. Bv: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .? ?a-b t? -?' y 1???? . . '.???'-ai-i ,Jh iii :; Z? ??? ?-s,,? 6- ??c1? L??JZ 99..??, I ?U Y?!'.1I l :.t ...1 It w Stephanie D. Baer, Plaintiff V. Daniel K. Baer, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-1811 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, on the 1 [ 'day of 2007 comes Hannah Herman-Snyder, Esquire, and states that she mailed a certified and true copy of a Complaint in Divorce and Notice to Defend and Claim Rights to the Defendant, Daniel K. Baer, at his address of 119 %2 West Third Street, Waynesboro, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on April 7, 2007. Hannah Herman-Snyder, Esquile Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to beforepe this day of &),&" .2007 NOTARY NOTAWLSEAI IWWN J BASSE" P*k CNtWeoRO?c ALA000U10 My CommWo E*M Apr /7.3W `sit` ;'e. ?d{ ,... .... ??..N i ? ? M ?nv.? .wi M-JYM?r .vubY.He?w. s# i U'6 Nostal Ser CERTIFIED I (Domestic Mai J 0 O Postage O O Certified Fee O Retum Receipt Fee .n (Endorsement Required) CO O Restricted Delivery Fee (Endorsement Required) tl.l Total Postage & Fees O r?- ertt To r ??`?aaa r F I k s i v 'r { t " t im 2 9 07 'W' STEPHANIE D. BEAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DANIEL K. BEAR, NO. 2007-1811 Defendant IN CUSTODY COURT ORDER o? ?Z AND NOW, this day of L , 2007, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 0?- Hubert X. Custody C uire F:\FILES\Ceneral\Current%1232ABear v Bear Conciliation Order relinquishing jurisdiction.wpd o 0 F ri -- Cl J J ., j °G STEPHANIE D. BAER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1811 CIVIL TERM DANIEL K. BAER, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 2, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatio ities. V. Date: `I 00f ii-1-k. Ba r PLAINTIFF'S/DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER44 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAMIS LOWER '& LINDSAY 6 West High Street Carlisle, PA 2. 1 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. 1 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 fled with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: _ j J9 Avo o ar 3AA 15 %WS r co STEPHANIE D. BAER, Plaintiff V. DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1811 CIVIL TERM IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 23, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. I verify that the statements made in this affidavit are true and correct. I understand SAIDIS, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 West High Street Carlisle, PA that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: '7. \"Daniel K. air STEPHANIE D. BAER, Plaintiff V. DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION - LAW NO. 07-1811 CIVIL TERM IN DIVORCE COUNTER AFFIDAVIT UNDER 0301(d) OF THE DIVORCE CODE 1. Check either (a) or (c)): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check either (i), (ii), or both) (i) The parties to the action have not lived separate an apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 6 7 i? LLc SifLP1iA lE D. 13AE aintil'f NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREF AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SI IOULD NOT FILE THIS COUNTER AFFIDAVIT. ' CIE, r ??°- ? ter; V r- ` STEPHANIE D. BAER, Plaintiff v, DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1811 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 2, 2007, and service was made on kpr;l ?007!- _. r,--,*rirt?? 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of' notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DA 1'E: 9/9 /08? STEPHANIE D. BAER, Plaintiff '"> ? c:;? .. ?i'+?y ..per 4a ? X '?+? ? "' ' w{ j`; f .?^. 4 ?? Lrt ? Cs3 r? y' _ . _ , t, ..?„ . ?' ?F ,.??•; ?? STEPHANIE D. BAER, Plaintiff v. DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1811 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 0301(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 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ASTEPHANIEC D. BAE , lain iff ?-? '°' -° ::? ? -?? ?.; ? },. >?.. ?.. ?? .? STEPHANIE D. BAER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1811 CIVIL TERM DANIEL K. BAER, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this --?4-? day of r,,t?, 2008, between STEPHANIE D. BAER, of 337 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and DANIEL K. BAER, of 37 South Carlisle Street, Greencastle, Franklin County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 12, 1995 in Franklin County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-1811, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente life, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Contemporaneous with the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice and Wife will promptly transmit the record so that a Decree in Divorce can be entered. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 501 Glenn Street, Shippensburg, Cumberland County, Pennsylvania. The marital home has been sold and the proceeds of sale equally divided between the parties. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there is no joint debt or obligation for which the other might be liable incurred prior to the signing of this Agreement. However, the parties have incurred debt in their separate names as of the date of this Agreement. That debt is as follows: i. Debt incurred in Husband's name: a. Lowes: $3,400.00 b. Mastercard: $1,200.00 2 C. Denovus Corporation d. Zale's: $200.00 ii. Debt incurred in Wife's name: a. Mastercard: $4,500.00 b. Bon Ton: Balance unknown c. Wolfs: Balance unknown 1: Husband shall pay any obligation for debt in his name. With regard to such obligation, he will indemnify and hold Wife harmless. 2: Wife shall pay any obligation for debt in her name. With regard to such debt, she will indemnify and hold Husband harmless. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on June 23, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. At the time of separation, the parties owned a 2001 Dodge Intrepid and a 1998 Jeep Grand Cherokee. The Dodge Intrepid was encumbered by approximately $2,000.00 in debt. Since separation, both vehicles have been traded in and new vehicles purchased by the parties in their separate and individual names. The parties waive any claim they may have, one against the other, on account 3 of the vehicles each retained and traded in subsequent to separation. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Nevertheless, Husband will transfer to Wife by Qualified Domestic Relations Order, prepared by Wife's counsel, one-half of the value of his Orrstown 401(k) plan as of June 23, 2006, together with any gains and losses on that share of the account from June 23, 2006 until the date of distribution. Further, Husband will transfer to Wife eight (8) shares of Orrstown stock. Husband will make the transfer within ten (10) days of the date of this Agreement. (8) LIFE INSURANCE: Through his employment, Husband is the owner of a term life insurance policy with a death benefit of $210,000.00. Husband will maintain, at his own cost, if any, the life insurance policy with the parties' children as the beneficiaries or, at Husband's discretion, a trustee for the benefit of the children as the sole beneficiary of the life insurance policy so long as he has it through his employment and until the youngest child attains 18 years of age. Within ten (10) days of the date of this Agreement, Husband will provide Wife with a copy of 4 a beneficiary designation for his life insurance policy. (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Hannah Herman-Snyder and Husband is represented by Carol J. Lindsay, Esquire. 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 as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, 5 interest, penalty or expense shall be paid solely and entirely by the individual who is finally 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. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party 6 accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widowers rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. 7 F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 8 (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: r? i ?. i STEPHANIE D. BAER, Plaintiff V. DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1811 CIVIL TERM 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 §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by Acceptance of Service on April 7, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 09/09/08 by Defendant: 01/09/08 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was tiled with the Prothonotary: October 3, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: January 15, 2008 Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney.for Plaintiff C`` c?_ < C`:? --? :: ? ?? ? ?; ;,?- _ -?;- ?? ?,:__s , _ 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Stephanie D. Baer, Plaintiff VERSUS Daniel K. Baer, Defendant NO. 2007-1811 DECREE IN DIVORCE AND NOW, O G?CO'l1 ?? , IT IS ORDERED AND DECREED THAT Stephanie D. Baer PLAINTIFF, AND Daniel K. Baer ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property Settlement Agreement entered into on September 29, 2008 is incorporated herein, but not merged. E COURT: BY T 1 -A, ?'a\ ATTEST: J J ei?z- - PROTHONOTARY 4 rvw 4 STEPHANIE D. BAER, Plaintiff V. DANIEL K. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL : CIVIL ACTION -LAW NO. 2007-1811 CIVIL TERM IN DIVORCE STIPULATION AND AGREEMENT m w By and between, Stephanie D. Baer, Plaintiff, and Daniel K. Baer, Defendant, WINESSETH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached Order of Court. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below: Hannah Herman-Snyder, Es uire Attorney for Plaintiff _-Y Carol J. Lindsay, Es uire Attorney for D ant Stephanie D. Baer, Plaintiff Dance . Bae , Defen t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Stephanie D. Baer, Plaintiff NO. 2007-1811 VERSUS Daniel K. Baer, Defendant DECREE IN DIVORCE AND NOW, October 8 2008 IT IS ORDERED AND DECREED THAT Ste phanie D. Baer , PLAINTIFF, AND Daniel K. Baer DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property Settlement Agreement entered into on September 29, 2008 is incorporated herein,'but not merged. BY THE COURT: M. L. Ebert, Jr. ATTEST: J. Certified Copy Issued: October 1 Zoo? ROTHONOTARY ?s o 4 Zoo ? STEPHANIE D. BAER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW DANIEL K. BAER, NO. 2007-1811 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of `4 rJ or y , 2010, it is appearing to the Court that: 1. The parties to the Divorce Action. The parties to this action are Daniel K. Baer, ("Participant") and Stephanie D. Baer ("Alternate Payee"). 1.1 Participant's name, address, social security number and date of b@h aW as follows: K ? q -ow mr, r' W M T--1 Name: Daniel K. Baer , Ln Address: 215 Addison Avenue ? Greencastle, PA 17225c? ©rn w Soc. Sec. No.: xxx-xx-8430 ro Date of Birth: January 16, 1971 1.2 Alternate Payee's name, address, social security number and date of birth are as follows: Name: Stephanie D. Baer Address: 337 East Garfield Drive Shippensburg, PA 17257 Soc. Sec. No.: xxx-xx-6472 Date of Birth: July 8, 1974 The parties were divorced by Order of this Court (a copy attached hereto) on October 8, 2008. The Decree has not been amended. 2. Plan. This Order applies to the Orrstown Bank 401(k) Plan of Daniel K. Baer. The administrator responsible for determining whether the Order constitutes a Qualified Domestic Relations Order as described below is Orrstown Bank, c/o Stephen C. Caldwell, Trustee. 3. Interpretation and Construction of Order. 3.1 The parties intend this Order (the "Order") to constitute a "Qualified Domestic Relations Order," within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with Section 414(p) of the Code and Section 206(d)(3)(B) of ERISA. 3.2 Nothing in this order shall be construed to require the Plan to provide: 3.2.1 Any type or form of benefit, or any option, not otherwise provided under the Orrstown Bank 401(k) Plan. 3.2.2 Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Orrstown Bank 401(k) Plan would be required to pay with respect to the Participant. 3.2.3 Benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. IT IS ORDERED, ADJUDGED, AND DECREED as follows: 4. Alternate Pavee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Orrstown Bank 401(k) Plan. For purposes of this Order, Alternate Payee is: X 4.1 Former Spouse 5. Amount of Distribution and Form of Distribution to the Alternate Pam The distribution to Alternate Payee contemplated by this Order shall be made in the form of a transfer of the one half of the entire amount of the account from the aforesaid Orrstown Bank 401(k) Plan of Daniel K. Baer, as of June 23, 2006, together with any gains or losses on that share (one half) from June 23, 2006 until the date of distribution, to a qualified account on behalf of Stephanie D. Baer. 6. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable following the Company's determination that this Order is a Qualified Domestic Relations Order. 7. Death of Participant or Alternate Payee The death of Participant before all benefits to which Alternate Payee is entitled under this Order have been paid shall not affect the right of Alternate Payee to benefits from the Orrstown Bank 401(k) Plan as described in this Order. Should Alternate Payee die before benefits have been distributed to her, Alternate Payee's designated beneficiary shall receive any and all benefits remaining to be paid, with her estate receiving any portion not designated specifically by her. 8. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purpose of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either party to this Order may apply to the court for such amendment. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. By the Court, `M 1 ?A4 ?o es MV LL I verify that the statements made in this Stipulation and Agreement 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: /'-2 9 ho If F -A At& Stephame D. Baer, Plaintiff I verify that the statements made in this Stipulation and Agreement 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: 10 anie . 4B+., ZDDefeindant CONSENTED TO: Date: v Date: l Ar C90 6 0 Date:_ ? 7 .Z b 1? Date: J I °'01N I y tephanie D. Baer, Plaintiff B er, Defendant (Awn Hannah Herman-Snyder, Esqu e Attorney for Plaintiff Carol J. Lin ay, E quire Attorney fo ndant STEPHANIE D. BAER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY N _ a V. CIVIL ACTION -LAW V , m r DANIEL K. BAER, NO. 2007-1811 CIVIL TERM Defendant IN DIVORCE STIPULATION AND AGREEMENT By and between, Stephanie D. Baer, Plaintiff, and Daniel K Baer, Defendant, WINESSETH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached Order of Court. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below: p_ Hannah Herman-Snyder, Es uire Attorney for Plaintiff Stephanie D. Baer, Plaintiff Carol J. Lindsay, Es uire Attorney for D ant Danie . Bae , Defen nt IN THE COURT OF COMMON PLEAS Stephanie D. Baer, Plaintiff VERSUS Daniel K. Baer, Defendant NO. 2007-1811 DECREE IN DIVORCE AND NOW, October8 2008 , IT IS ORDERED AND DECREED THAT Stephanie D. Baer PLAINTIFF, AND Daniel K. Baer ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A. FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Property Settlement Agreement entered into on September 29, 2008 is incorporated herein,'but not merged. BY THE COURT: M. L. Ebert, Jr. ATTEST: J. Certified Copy Issued: Oct=er , 20013 ROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA.