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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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WAYNE WEBER
N 01-6443
O.
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~ CAROL WEBER
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DECREE IN
DIVORCE
c;A 3:35'p'tY1 '
2002
, IT IS ORDERED AND
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AND NOW February ;~
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DECREED THAT WAYNE WEBER
, PLAINTIFF,
CAROL WEBER
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AND
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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IHE 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;
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!The tems and provisions of the Property
parties and lodged with the Prothonotary
merged, by reference hereto, so that the
Settlement Agreement between the
are hereby incorporated, but not
Court shall have jurisdiction to
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enforce the agreement, which
upon the parties.
be forever binding
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ATTEST:
~h~PROTHONOTAR~
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, Made this
and between WAYNE WEBER, hereinafter
WEBER, hereinafter referred to as "Wife".
/5.#4
referred to
day of February, 2002, by
as "Husband", and CAROL
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 28,
1986; and
WHEREAS, no children were born of this marriage; and
WHEREAS, certain differences have arisen between the parties as a result
of which they have separated and now live separate and apart from one another, and are
desirous, therefore, of entering into an Agreement which will provide for support,
distribute their marital property, and will provide for their mutual responsibilities and rights
growing out of the marriage relationship; and
WHEREAS, the parties hereto, fully understand and agree that Husband is
represented by Susan M. Seighman, Esquire and that Wife has the right to have the
advice of independent counsel prior to the signing of this Agreement, and that by signing
this Agreement, she recognizes that she fully understands the legal impact of this
Agreement and waives her right to have the Agreement reviewed by an independent
attorney of her choosing and further intends to be legally bound by the terms of this
Agreement.
NOW THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
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.
2. PERSONAL RIGHTS:
Each party shall be free from interference, authority and 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 nor
attempt to endeavor to molest the other, nor compel the other to cohabit with the other,
nor in any way harass or malign the other, nor in any way interfere with the peaceful
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existence, separate and apart from the other in all respects as if he or she were single
and unmarried.
3. WIFE'S DEBTS:
Wife represents and warrants to Husband that since their separation
on October 13, 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 harmless from any and all claims or demands made against him by reason
of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since their separation
on October 13, 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 debts
or obligations incurred by him.
5. OUTSTANDING JOINT DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding debts and obligations of the Husband and Wife incurred prior to the signing
of this Agreement, except as follows:
A. Mortgage with PSECU Balance at separation $64,000
B. Home Equity Loan with PSECU Balance at separation $7,000
C. Personal Loan with PSECU Balance at separation $7,000
Husband agrees to pay the Home Equity and Personal Loans with
PSECU. Husband further agrees to hold Wife harmless on all such obligations of
Husband. If any claim, action, or proceeding is hereinafter instituted seeking to hold Wife
liable for such debts or obligations, the Husband will, at his sole expense, defend Wife
against any such claim, action, or proceeding, whether or not well founded, and indemnify
her against any loss resulting therefrom.
Wife agrees to pay the mortgage with PSECU, in accordance with
paragraph 8 of this Agreement, and Wife further agrees to hold Husband harmless on
all such obligations of Wife. If any claim, action, or proceeding is hereinafter instituted
seeking to hold Husband liable for such debts or obligations, the Wife will, at her sole
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expense, defend Husband against any such claim, action, or proceeding, whether or
not well founded, and indemnify him against any loss resulting therefrom.
6. MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party waives his or
her right to alimony and any further distribution of property inasmuch as the parties hereto
agree that this Agreement provides for an equitable distribution of their marital property in
accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement,
each party has released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors, administrators and assigns,
release and discharge the other of and from all causes of action, claims, rights or
demands whatsoever arising out of their marriage, except any or all cause or causes of
action for divorce and except in any or all causes of action for breach of any provisions of
this Agreement. Each party also waives his or her right to request marital counseling
pursuant to 23 Pa.C.SA Section 3302.
7. DIVISION OF PERSONAL PROPERTY:
The parties hereto mutually agree that they have effected a
satisfactory division of the furniture, household fumishings, appliances, 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 tangible
personal property presently in his or her possession and 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.
The parties hereto have divided between themselves, to their mutual
satisfaction, all items of tangible and intangible marital property. Neither party shall make
any claim to any such items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the control of the other.
Should it become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect to this paragraph. Property shall be deemed to be in
the possession or under the control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of the party at the time of the
signing of this Agreement and, in the case of intangible personal property, if any physical
or written evidence of ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control of the party. Except as
otherwise stated in this Agreement, Husband and Wife shall each be deemed to be in the
possession and control of their own individual pensions or other employee benefit plans
or retirement benefits of any nature to which either party may have a vested or contingent
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right or interest at the time of the signing of this Agreement, and neither will make any
claim against the other for any interest in such benefits.
From and after the date of the signing of this Agreement both parties
shall have complete freedom of disposition as to their separate property and any property
which is in his/her possession or control pursuant to this Agreement and may mortgage,
sell, grant, convey, or otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or after marriage, and
neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instrument of the other pertaining to such disposition of property.
8. DISTRIBUTION OF REAL ESTATE:
Husband agrees to transfer to Wife immediately upon the signing
of this Agreement, all of his interest in and title to their jointly-owned real estate at 945
16th Street, New Cumberland, Cumberland County, Pennsylvania, subject to the
mortgage given to PSECU, which had a balance of $64,000, as of the date of
separation, in exchange for which Wife agrees to be solely responsible for the payment
of all future mortgage payments, taxes, insurance and utility bills relative to said real
estate. Wife covenants and agrees to pay and discharge the existing mortgage
obligation on said premises in accordance with its terms, and agrees to indemnify
Husband from any loss by reason of her default in the payment thereof and agrees to
save Husband harmless from any future liability with regard thereto.
Wife agrees to assume the mortgage and have Husband's name removed
therefrom within thirty (30) days after she is served with a copy of the Divorce Decree and
copy of this Agreement. Service shall be by regular mail and complete upon the date of
mailing. In the event that Wife is unable to assume the mortgage for any reason within
this thirty (30) day time period, then within the following ninety (90) days, she shall either
refinance the mortgage to have Husband's name removed therefrom or list the marital
home for sale at a price set by a licensed real estate broker or licensed appraiser and
proceed with a final sale of the residence.
If the residence is sold, Wife is entitled to receive the full amount of the net
proceeds. Net proceeds shall be defined as the balance remaining of the sale price, less
all outstanding mortgages and liens, taxes, realtor's commissions and costs incident to
sale, with the exception of the Home Equity Loan and Personal Loan with PSECU that
Husband has agreed to satisfy as set forth herein Paragraph 5.
Furthermore, Husband shall forthwith sign a Deed transferring his interest in
said property to Wife and he shall provide this Deed to any financial institution that
requires the Deed for Wife to assume or refinance the mortgage. Once Husband is
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removed from the mortgage, Wife shall be given the original Deed so that it may be
recorded.
9. TAX LIABILITY:
The parties believe and agree that the division of property heretofore
made by this Agreement is a non-taxable division of property between co-owners rather
than a taxable sale or exchange of such property. Each party promises not to take any
position with respect to the adjusted basis of the property assigned to him or her or with
respect to any other issue which is inconsistent with the position set forth in the preceding
sentence on his or her Federal or State income tax returns.
10. PENSION AND RETIREMENT PLAN:
The parties agree that Husband is currently employed by the
Commonwealth of Pennsylvania and has a pension with his employer and that Wife is
currently employed by United Methodist Church and has a pension with her employer.
The parties agree that Wife shall retain her pension in full and that Husband shall waive
all of his right, title and interest in Wife's pension. Husband agrees to sign any and all
documents necessary to enforce this provision.
With regard to Husband's pension, for the purposes of this
Agreement, the parties stipulate that the current value of the marital portion of Husband's
pension is $140,000. Husband shall transfer from his pension the amount of $35,000,
plus interest at the rate of 4% compounded annually from October 13, 2000 until the
effective date of Husband's retirement directly to Wife in a lump sum payment upon his
retirement. Payment shall be due to Wife within 10 days after the date that Husband
receives payment of this lump sum amount. This transfer from Husband to Wife shall be
made through the use of a Qualified Domestic Relations Order.
The expense incident to the preparation of the Qualified Domestic
Relations Order shall be paid by Husband.
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11. TITLE FOR AUTOMOBILE:
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
(a) the 1995 Nissan Maxima shall become the sole and
exclusive property of Wife free and clear of all liens and encumbrances;
(b) the 1991 Nissan Maxima shall become the sole and
exclusive property of Husband free and clear of all liens and encumbrances; and
(c) the titles to the said motor vehicles shall be executed
by the parties, if appropriate for effecting transfer as herein provided, on the date of
execution of this Agreement and the said executed title shall be delivered to the proper
parties on the distribution date.
12. STOCKS:
The parties each own stocks that are held in separate Ameritrade
accounts. Husband shall retain his Ameritrade account and Wife agrees to waive all of
her right, title and interest to Husband's account. Wife shall retain her Ameritrade account
and Husband agrees to waive all of his right, title and interest to Wife's account. The
parties acknowledge that Husband has deposited $500 in Wife's Ameritrade account
since their separation and prior to signing this agreement.
13. CASH PAYMENT:
In exchange for Wife receiving $35,000 from Husband's retirement
account, Wife shall be entitled to receive her full retirement, the full amount of equity in
the marital residence as set forth herein paragraph 8, which has been estimated and
agreed upon by the parties to be $45,000, and a cash payment of $12,000 to be paid by
Husband. The cash payment shall be paid in monthly installments of Four Hundred
Dollars ($400) for the first twelve (12) months beginning from the date this Agreement has
been signed by both parties. Thereafter, monthly installment payments shall be paid in
the amount of Three Hundred Dollars ($300) for the following twenty-four (24) months.
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14. ALIMONY:
Both parties acknowledge and agree that the provIsions of this
Agreement providing for equitable distribution of marital property are fair, adequate and
satisfactory to them and are accepted by them in lieu of and in full and final settlement
and satisfaction of any claims or demands that either may now or hereafter have against
the other for support, maintenance or alimony. Husband and Wife further, voluntarily and
intelligently waive and relinquish any right to seek from the other any payment for support
or alimony.
15. ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this
Agreement providing for the equitable distribution of marital property of the parties are
fair, adequate and satisfactory to them. Both parties agree to accept the provisions set
forth in this Agreement in lieu of and in full and final settlement and satisfaction of all
claims and demands that either may now or hereafter have against the other for alimony
pendente lite, counsel fees or expenses or any other provision for their support and
maintenance before, during and after the commencement of any proceedings for divorce
or annulment between the parties.
16. INCOME TAX PRIOR RETURNS:
The parties are going to file joint federal and state tax returns for
2001. 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 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 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.
17. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of his
or her property in any way, and each party hereby waives and relinquishes any and all
rights he or she may now have or hereafter acquire, under the present or future laws of
any jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy, statutory allowance, widow's
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allowance, right to take in intestacy, right to take against the will of the other, and right to
act as administrator or executor of the other's estate. Each will, at the request of the
other, execute, acknowledge and deliver any and all instruments which may be necessary
or advisable to carry into effect this mutual waiver and relinquishment of all such interests,
rights and claims.
18. AGREEMENT NOT PREDICATED ON DIVORCE:
It is specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other, that
the execution and delivery of this Agreement is not predicated upon nor made subject to
any agreement for institution, prosecution, defense, or for the non-prosecution or
non-defense of any action for divorce; provided, however, that nothing contained in this
Agreement shall prevent or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce, either absolute or otherwise,
upon just, legal and proper grounds; nor to prevent either party from defending any such
action which has been, mayor shall be instituted by the other party, or from making any
just or proper defense thereto. It is warranted, covenanted and represented by Husband
and Wife, each to the other, that this Agreement is lawful and enforceable and this
warranty, covenant and representation is made for the specific purpose of inducing
Husband and Wife to execute the Agreement. Husband and Wife each knowingly and
understandingly hereby waives any and all possible claims that this Agreement is, for any
reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband
and Wife each do hereby warrant, covenant and agree that, in any possible event, he and
she are and shall forever be estopped from asserting any illegality or unenforceability as
to all or any part of this Agreement.
19. MUTUAL CONSENT DIVORCE:
The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both consent
to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly,
both parties agree to forthwith execute such consents, affidavits, or other documents and
to direct the filing of such consents, affidavits, or other documents as may be necessary
to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c).
Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure,
the named defendant in such divorce action shall execute any waivers of notice or other
waivers necessary to expedite such divorce.
It is the intention of the parties that the Agreement shall survive any
action for divorce which may be instituted or prosecuted by either party and no order,
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judgment or decree of divorce, temporary, final or permanent, shall affect or modify the
financial terms of this Agreement. This Agreement shall be incorporated in but shall not
merge into any such judgment or decree of final divorce, but shall be incorporated for the
purposes of enforcement only.
20. EFFECT OF RECONCILIATION OR COHABITATION:
This Agreement shall remain in full force and effect and shall not be
abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt
to effect reconciliation.
21. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, or
seek such other remedies or relief as may be available to him or her, and the party
breaching this Agreement shall be responsible for payment of legal fees and costs
incurred by the other in enforcing his or her rights under this Agreement.
A. It is expressly understood and agreed by and between the
parties hereto that this Agreement may be specifically enforced by either Husband or
Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is
brought in Equity by either party, the other party will make no objection on the alleged
ground of lack of jurisdiction of said Court on the ground that there is an adequate
remedy at law. The parties do not intend or purport hereby to improperly confer
jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for
the forum of equity in mutual recognition of the present state of the law, and in recognition
of the general jurisdiction of Courts in Equity over agreements such as this one.
B. Notwithstanding anything to the contrary herein, Husband and
Wife may also proceed with an action at law for redress of his or her rights under the
terms of this Agreement, and in such event it is specifically understood and agreed that
for and in specific consideration of the other provisions and covenants of this Agreement,
each shall waive any right to a jury trial so as to expedite the hearing and disposition of
such case and so as to avoid delay.
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attomey's fees and costs of litigation that either
may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in
consequence of any default or breach by the other of any of the terms or provisions of
this Agreement by reason of which either party shall be obliged to retain or engage
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counsel to initiate or maintain or defend proceedings against the other at law or equity or
both in any way whatsoever; provided that the party who seeks to recover such attomey's
fees, and costs of litigation must first be successful in whole or in part, before there would
be any liability for attorney's fees and costs of litigation. It is the specific agreement and
intent of the parties that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees incurred by himself or
herself as well as the other party in endeavoring to protect and enforce his or her rights
under this Agreement.
22. THIRD PARTY BENEFICIARIES:
Husband and Wife agree that it is not their intention in this
Agreement that any other individuals be third party beneficiaries of this Agreement at this
time or at any time in the future.
23. 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.
24. TAX ADVICE:
Both parties hereto hereby acknowledge and agree that they have
had the opportunity to retain their own accountants, certified public accountants, tax
advisors, or tax attorneys with reference to the tax implications of this Agreement.
Further, Husband has not been given any tax advice whatsoever by his attomey. Both
parties hereby acknowledge that they have been advised, Husband by his attorney and
Wife by copy of this Agreement, 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 acknowledgment that they have
read this particular paragraph and have had the opportunity to seek independent tax
advice.
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25. VOLUNTARY EXECUTION:
The Wife acknowledges that Susan M. Seighman, attomey, has
acted as legal counsel to Husband in connection with the negotiation and preparation of
this Property Settlement Agreement. The Wife acknowledges that, by copy of this
Agreement, she has been advised of her right to seek the advice of counsel of her own
choice in connection with any matter pertaining to this Agreement or the divorce action
filed by Husband. Upon that provision, Husband and Wife acknowledge and represent
that the provisions of this are fully understood by both parties and each party
aCknowledges that the Agreement is in all respects fair and equitable, that it is being
entered into voluntarily and knowingly and that it is not the result of any duress or undue
influence; Wife further acknowledges that she had the opportunity to seek the advice of
legal counsel for the purpose of having the legal effect of the provisions herein fully
explained to her, and that if she chose not to seek such legal counsel, such action was
taken by her VOluntarily of her own free will.
26. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and
there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the provisions
of this Agreement with respect to the distribution and division of marital and separate
property are fair, equitable and satisfactory to them based on the length of their marriage
and other relevant factors which have been taken into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other for equitable
distribution of their property by any court of competent jurisdiction pursuant to 23
Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily
and intelligently waive and relinquish any right to seek a court ordered determination and
distribution of marital property, but nothing herein contained shall constitute a waiver by
either party of any rights to seek the relief of any court for the purpose of enforcing the
provisions of this Agreement.
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27. DISCLOSURE:
Husband and Wife each represent and warrant to the other that he
or she has made a full and complete disclosure to the other of all assets of any nature
whatsoever in which such party has an interest, the sources and amount of the income of
such party or every type whatsoever and of all other facts relating to the subject matter of
this Agreement.
28. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement
shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
29. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
30. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only.
They shall have no effect whatsoever in determining the rights or obligations of the
parties.
31. INDEPENDENT SEPARATE 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
covenant and agreement.
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32. APPLICABLE LAW:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
33. 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.
34. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and
Seals the day and year first above written.
tJ~ LJ~
(SEAL)
Wayne Weber
JilL )/) ,j~
(SEAL)
Carol Weber
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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On this, the /2-~ day of _'-./~~ ,2002, before
me, a Notary Public, the undersigned officer, personally appeared WAYNE WEBER,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
foregoing Property Settlement Agreement and acknowledged that he/she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
d~~ r/~
Notary Public
VAYLNOTAFllAl SEAL '
'v, . DWULET N
! CI~I of Hafri.,ourll 0' .1tary Public
I fiJi CCmml~SICfl e~ I~u~:~n County, PA
. · ,,,arch 19, 2002
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On this, the
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, 2002,
before me, a Notary Public, the undersigned officer, personally appeared CAROL
WEBER, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the foregoing Property Settlement Agreement and acknowledged that
he/she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
NOT".R!AL SEAL .
KAY L D'I/\JLET, Notary Public
City of Hafri.lJtJrg, Dauphin County. PA
., Commission Ex ".s March 19, 2002
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WAYNE WEBER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 6443
CAROL WEBER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of
the Divorce Code.
2. Date and manner of service of the complaint: Certified Mail, Return
Receipt Requested, Receiptsigned November 15, 2001.
3. Date of execution of the affidavit of consent and waiver required by
Section 3301 (c) of the Divorce Code:
by Plaintiff:
by Defendant:
February 15, 2001
February 15, 2001
4.
Related claims pending: None
Dated: 9,/1510~
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Attorney for Plaintiff
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WAYNE WEBER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 6l - (.,.Q4J
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CAROL WEBER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been suedin court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the court.
A judgment may also be entered against you for any other claim or relief requested in these papers by
the plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013.
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.
The Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. (717) 249-3166
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WAYNE WEBER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. Ot- fol/'(j
CIVIL ACTION - LAW
IN DIVORCE
C?io~l '!~
CAROL WEBER,
Defendant
COMPLAINT UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. Plaintiff is Wayne Weber, an adult individual who is sui juris and resides at 303
West Green Street, Shiremanstown, Cumberland County, Pennsylvania.
2. Defendant is Carol Weber, an adult individual who is sui juris and resides at 945
16th Street, New Cumberland, Cumberland County, Pennsylvania. The present whereabouts of
the Defendant to the knowledge of the Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth
of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 28, 1986, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling.
7. The Defendant is not a member of the Armed Services of the United States or any
of its Allies.
2
OR
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8. The Plaintiff avers that the grounds on which the action is based is that the
marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between Plaintiff and Defendant; and
b. For such further relief as the Court may determine equitable and just.
TUCKER ARENS BERG & SWARTZ
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I. D. No. 70323
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
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VERIFICATION
I, the undersigned, Wayne Weber, do hereby certify that the statements made in the
foregoing Complaint are true and correct to the best of my knowledge, information and belief.
I understand that any false statements made to this verification are subject to the. penalties of
18 Pa. C.SA 34904, relating to unsworn falsification to authorities.
Date: [II 2-/0 I
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waynet Plaintiff
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Plaintiff
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01 - 6443
CAROL WEBER,
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
November 13, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. I understand that I may lose rights conceming alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 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.
~4904 relating to unsworn falsification to authorities.
Date: O:Lj;6 /~OOL
J LJ~
Way~r, Plaintiff
S.S. No. 195-38-9071
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WAYNE WEBER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01 - 6443
CAROL WEBER,
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
November 13, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. 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.
5. I verify that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
94904 relating to unsworn falsification to authorities.
Date: O,;;./J5/drxc;L
0/~.Z)Jw-/
Carol Weber, Defendant
S.S. No. 197-40-5409
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01 - 6443
CAROL WEBER,
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is 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: 02./'''5!"Z.-D()'Z-
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: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01 - 6443
CAROL WEBER,
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is 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: 0t7)5~CtJCL.-
dn,/ ~)k /
Carol Weber, Defendant
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6443 CIVIL TERM
CAROL WEBER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
AND NOW, this 27th day of November 2001, personally appeared before
me, a Notary Public in and for the aforesaid Commonwealth and County,
Shaun M. Kovach, who, being duly sworn according to law, deposes and
says that she is the secretary for Susan M. Seighman, who is the
attorney for the Plaintiff and that she mailed a Divorce Complaint on
November 14, 2001, to Calvary United Methodist Church, c/o Carol Weber,
700 Market Street, Lemoyne, Pennsylvania 17043 by Certified Mail No.
7099 3400 0016 3623 7488, return receipt requested, and the same was
received by her on November 15, 2001 as indicated by the Return Receipt
Card, which is attached hereto.
~YY'\,~
Shaun M. Kovacl;1
SWORN TO AND SUBSCRIBED before me,
this 27th day of November 2001.
"--- . . ~
ary ub _ .
Notarial Seal
Pauline Palli Thomas, Notary Public
Harrisburg, Dauphin County
My Commission Expires Mar. 24, 2003
Member, Pennsy:vanm Assoda~ic!n ct Notaries
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3. Article Addressed to:
I also wish to receive the follow-
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1. D Addressee's Address
2, XlXRestricted Delivery
4a. Article Number
099 3400 0016 3623
CALVARY UNITED METHODIST
CHURCH
c/o CAROL WEBER
700 MARKET STREET
LEMOYNE, PA 17043
4b. Service Type
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE WEBER,
Plaintiff
v.
CAROL WEBER,
Defendant
AND NOW, this
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attached Stipulation and Agreement dated
FAMILY DIVISION
No. 01-6443
CIVIL TERM
IN DIVORCE
ORDER
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case is incorporated, but not merged, into this Order
ATTEST:
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WAYNE WEBER,
Plaintiff
FAMILY DIVISION
v.
No. 01-6443
CIVIL TERM
CAROL WEBER,
Defendant
IN DIVORCE
STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER"
AND NOW, this
/5-tn day of k0r U (1 Y'j
, 2002, the parties,
Wayne Weber, Plaintiff, and Carol Weber, Defendant, do hereby Agree and Stipulate as follows:
1. The Plaintiff, Wayne Weber, (hereinafter referred to as "Member") is a member of
the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred
to as "SERS").
2. SERS, as a creature of statute, is controlled by the State Employees' Retirement
Code, 17 Pa. C.s. 99 5101-5956 ("Retirement Code").
3. Member's date of birth is November 9, 1957, and his Social Security number is
195-38-9071.
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4. The Defendant, Carol Weber, (hereinafter referred to as "Alternate Payee") is the
former spouse of Member. Alternate Payee's date of birth is January 23, 1950 and her Social
Security number is 197-40-5409.
5. Member's last know mailing address is:
303 West Green Street
Shiremanstown, PA 17011
6. Alternate Payee's current mailing address is:
945 16th Street
New Cumberland, PA 17070
It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at
all times.
7. The Alternate Payee's share of the Member's retirement benefit is $35,000 plus
interest at the rate of 4% compounded annually from October 13, 2000 until the effective date of
Member's retirement.
8. Member's retirement benefit is defined as all monies paid to or on behalf of
Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but
excluding the disability portion of any disability annuities paid to Member by SERS as a result of
a disability which occurs before the Member's marriage to Alternate Payee or after the date of
the Member and Alternate Payee's final separation. Member's retirement benefit does not
include any deferred compensation benefits paid to Member by SERS. The equitable
distribution portion of the marital property component of Member's retirement benefit, as set
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forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon
as administratively feasible on or about the date the Member actually enters pay status and
SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement,
whichever is later.
9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the
extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any
death benefits payable by SERS. This nomination shall become effective upon approval by the
Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations
Order incorporating this Stipulation and Agreement. The balance of any .death benefit
remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall
be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form
filed with the Retirement Board prior to Member's death.
a. If the last Nomination of Beneficiaries Form filed by Member prior to Member's
death (a) predates any approved Domestic Relations Order incorporating this Stipulation and
Agreement and (b) names Alternate Payee as beneficiary, then: (1) the terms of the Domestic
Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for
purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the
Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate
Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's
estate.
b. In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate
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Payee all relevant information concerning Member's retirement account. Alternate Payee shall
deliver the authorization to SERS which will allow the Alternate Payee to check that she has
been and continues to be properly nominated under this paragraph.
10. The term and amounts of Member's retirement benefits payable to the Alternate
Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and
Agreement is dependent upon which option(s) is (are) selected by Member upon retirement.
Member and Alternate Payee expressly agree that, at the time that the Member files a
retirement application with SERS, the Member shall select:
Option 4. - A lump sum distribution in an amount greater than or equal to the total
value of Alternate Payee's portion (as set forth in Paragraph 7 of this Stipulation)
of the total accumulated deductions standing to the credit of the Member, as set
forth in 71 Pa. C.S.~ 5705(a)(4)(iii), or any succeeding statute.
The Alternate Payee shall be paid her equitable distribution portion out of the Option 4
lump sum distribution. Member may select any monthly annuity option offered by SERS under
the Retirement Code provided that Alternate Payee is paid her equitable distribution portion out
of the Option 4 lump sum distribution. No portion of the monthly annuity is to be paid to the
Alternate Payee.
11. Alternate Payee may not exercise any right, privilege or option offered by SERS.
SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each.
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12. In the event of the death of Alternate Payee prior to receipt of all of her payments
payable to her from SERS under this Order, any death benefit or retirement benefit payable to
Alternate Payee by SERS shall be paid to Alternate Payee's estate to the extent of Alternate
Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs
7 through 9.
13. In no event shall Alternate Payee have greater benefits or rights other than those
that are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by
SERS as provided in this Order. All other rights, privileges and options offered by SERS not
granted to Alternate Payee by this Order are preserved for Mernber.
14. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SERS to provide any type of benefit, or any option, not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the basis of
actuarial value) unless increased benefits are paid to Member based upon cost of living or
increases based on the other than actuarial values.
15. The parties intend and agree that the terms of this Stipulation and Agreement
shall be approved, adopted and entered as a Domestic Relations Order.
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16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend and Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purposes of establishing it or maintaining it as a Domestic Relations
Order; provided, however, that no such amendment shall require SERS to provide any type or
form of benefit, or any option not otherwise provided by SERS, and further provided that no
such amendment or right of the Court to so amend will invalidate this existing Order.
17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attendant documents shall be
served upon SERS immediately. The Domestic Relations Order shall take effect immediately
upon SERS approval and SERS approval of any attendant documents and then shall remain in
effect until further Order of Court.
WHEREFORE, the parties intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and seals.
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Wayne eber, Plaintiff/Member
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\../ Susan Seighman, Att rney for Plaintiff
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Carol Weber, Defendant/Alternate Payee
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