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HomeMy WebLinkAbout99-01353 1 CJ ~ <11 ~ .. ~ ~ ~ ..bl: - -. , i0 ~~ ~'?' :~ .\1; .1'(\ ........ . 0"- . Q'" r::::; .. o ~ ., <':> .. <. .i:~ ". shall prevcnt or precludc cither ofthc partics hercto rrom commcncing, ir,sliluling or prosecuting any action or actions for divorcc, cithcr absolute or otherwise, upon just, legal and proper grounds; not to prcvcnt cithcr party from dcfcnding uny such action which has bcen, may, or shall be institutcd by thc othcr party, or from making any just or proper defense thereto. It is warrantcd, covcnantcd, and rcprcscntcd by Husbund and Wife, each to the other, that this Agrccmcnt is lawful and cnforccablc and this warranty, covcnant, and rcprcsentation is made for thc spccific purposc of inducing Husband and Wire 10 cxccutc thc Agrccmcnt. Husband and Wife each knowingly and undcrstandingly hcrcby wuivc any and all possiblc claims thai this Agrccmcnt is, for any rcason, illcgal, or for uny rcason whatsocvcr of public policy, uncnforccablc in wholc or in part. Husband and Wire do cach hcrcby warrant, covcnant and agrcc that, in any possiblc cvcnt, hc and shc arc and shall forcvcr bc cstoppcd from asscrting any illegality or uncnforccability as to all or any part of this Agrccmcnt. 2,2 It is further spccifically understood and agreed that thc provision of this Agrccment rclating to thc cquitable distribution of propcrty of the partics are acccptcd by cach party as a final selllcmcnt for all purposcs whatsoevcr. Should eithcr of thc partics obtain a dccrcc, judgment or order of scparation or divorce in any other statc, country, or jurisdiction, each of the parties to this Agrecmcnt hereby conscnts and agrces that this Agrecmcnt and all its covcnants shall not be affectcd in any way by any such scparation and divorcc. 2,3 This Agrccmcnt shall survivc any dccrce in divorcc and shall bc forcvcr binding and conclusive on the partics. It is undcrstood by and between the partics that this Agrcemcnt shall be incorporatcd into any decrec, divorce or scparation, but it shall not bc dccmcd mcrgcd in such dccrcc. --Page 3 of 17-- ARTICI.E III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY r I t. 3.1 Thc panics have attcmptcd to divide thcir marital propcrty in a manncr which conforms , f , to thc critcria set forth in thc Pcnnsylvania Divorce Codc, and taking into account the following i' i I t j considemtions: the lcngth of the marriagc; thc prior marriagcs of thc partics; thc agc, hcalth, station, amount and sourccs of income, vocational skills, cmployability; cstatc, liabilities, and nccds for cach of thc partics; thc contribution of onc party to thc cducation, training or incrcascd caming powcr to the othcr party; thc opportunity of cach party for futurc acquisition of capital asscts and incomc; the sourccs of incomc of both parties, including but not limitcd to medical, retirement, insurancc or othcr bcnefits; the contribution or dissipation of each part in the acquisition, prcscrvation, deprcciation, or apprcciation of marital property, including the contribution of a party as a homemaker; the value of thc property set apart to each party; the standard of living of the parties establishcd during thcir marriage; thc cconomic circumstances of each party, including fcderal, state and local tax ramifications, at thc time ofthc division of the property is to bccome effcctive; and whethcr the parties will be scrving as the custodian of any depcndent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is bcing effected without the introduction of outside funds or othcr property not constituting marital property. The division of property under this Agrccment shall bc in full satisfaction of all rights of equitable distribution of the parties. --Page 4 of 17-- 3,3 Persol/o/ Pro/ll!rf\'. The partics acknowlcdgc that they havc divided their personal property, tangible and intangiblc, to thcir mutual satisfaction. Thc partics further acknowlcdge that they have thc cash, accounts, or othcr tangiblc and intangible propcrty in thcir possession thai they wish to havc and ncithcr will makc any claim whatsoevcr againstthc othcr party for any othcr itcms of personal propcrty or asscts that arc in thc othcr party's posscssion. J.4 Life h,.fIIrOllce. Each party agrccs that thc other party shall havc solc owncrship and posscssion of any lifc insurancc policics owncd by thc othcr. Each party agrees to sign any documcnts ncccssary to waivc, rclinquish, or transfcr any rights on such policics to thc respcctive party who prescntly owns such policics. 3.5 SUbSI!Qllellt/v Acquired ProDertv. Husband and Wifc agree to waive and relinquish any and all right that he or she may now havc or hcrcafter acquirc in any rcal or tangible personal property subsequcntly acquircd by the othcr party. Husband and Wifc specifically agree to waive and relinquish any right in such propcrty that may arise as a result of the marriage relationship. 3,6 Pellsiol/, Retirelllel/t, Profit-Sharillf!. Husband owns or has an intercst in a 401(k) account and a rctirement account through his employment with Schneider Trucking. Husband shall transfer to Wife the sum of TEN THOUSAND ONE HUNDRED NINETY-FIVE AND 61/100 ($10,195.61) DOLLARS from that account to an account in Wifc's name individually. Counsel for Husband shall preparc a Qualified Domestic Rclations Ordcr to effectuatc thc terms of this paragraph within fiftcen (15) days of cxccution of this Agrecmcnt. This sum takcs into --Page 5 of 17-- consideration that Wifc has now bccn crcditcd for payment of ONE THOUSAND SEVEN HUNDRED THIRTY-SEVEN AND 501100 (SI,737.50) DOLLARS to Husband for her share of thc cost of the psychologicul custody cvuluation pcrfonllcd by Shicnvold & Associatcs, which financial obligation Was crcatcd pursuant to thc Ordcr of Court dated August 29, 2003 in thc parties' custody procecdings dockcted in thc Court of Common Pleas of Cumbcrland County to numbcr 02.5490, Upon cxccution of this Agrccmcnt, and thc transfer of thc sum rcfcrcnccd in this paragraph, Wifc shall bc considercd to havc madc thc paymcnt in this amount and thcreby mct her obligation undcr thc aforcmcntioncd Custody Ordcr. Husband maintains that hc docs not own or havc an intcrcst in any other retircmcnt account, including any 401(k) accounts, pcnsions and the Iikc. Wife maintains that shc docs not own or havc an intcrcst in any othcr rctircmcnt account, including any 40 I (k) accounts, pcnsions and thc likc. 3,7 Vehicles, The parties acknowlcdge that Wife had and rctaincd solc and exclusive ownership and posscssion of a ccrtain 1995 Pontiac Grand Prix vchicle which was titled in Wife's name individually. Since separation, Wife has disposed of that vchiclc and purchased a different vehicle. Husband shall makc no claim whatsocvcr rclative to access to or use of the aforesaid vehicles and shall make no owncrship claims of any nature whatsoever to the aforesaid vehicles from the date ofexccution of this Agrcemcnt forward. Thc parties acknowlcdge that Husband has and shall rctain solc and exclusive owncrship and possession of thc parties' 1996 Ford Fl50 pickup truck, which was originally titlcd in the Husband's name individually. Wife shall make no claim whatsoever rclative to acccss to or use of the aforesaid vehicle and shall make no owncrship claims of any nature whatsoever to the aforesaid vehiclc from thc date of cxccution of this Agrecmcnt forward. --Page 6 of 17-- Thc partics acknowlcdgc that Husband has and shall rctain solc and cxclusive ownership and posscssion of thc partics' 1991 Nomad 5'h Wheel Campcr, which was originally titled in the Husband's namc individually. Wifc shall makc no claim whatsocvcr rclativc to acccss to or use of thc aforcsaid vchicle and shall makc no owncrship claims of any naturc whatsocver to the aforcsaid vchiclc from thc datc of cxccution of this Agrecmcnt forward. 3,8 IIItal/fdble Persollal Prooertv, Thc partics havc already transfcrrcd or waivcd rights and intcrcst in othcr intangiblc pcrsonal propcrty, including thcir various bank accounts, crcdit union accounts, and thc Iikc. Each party agrccs to sign any documcnts nccessary to closc any joint accounts within fiftccn (15) days of signing this Agrccmcnt. Ncithcr party shall make any claim of any nature whatsoever against the othcr party rclative to thc financial accounts or other investmcnts or intangiblc pcrsonal property that have already becn rctaincd by that party as dcscribcd hercin. 3,9 Real Estate. The parties are the joint owncrs of rcal estatc located at 60 Pleasant View Drive, Mechanicsburg, Cumbcrland County, Pcnnsylvania. This property is encumbered with a first mortgage due and owing to Washington Mutual Bank, rcquiring thc monthly payment of approximately SIX HUNDRED NINETY-SEVEN AND 001100 DOLLARS ($697.00). This property is furthcr encumbered with a sccond mortgage duc and owing to Membcrs First Credit Union, requiring thc monthly payment of approximately THREE HUNDRED EIGHTY-TWO AND 001100 DOLLARS ($382.00). Upon prcscntation to Husband through counscl ofa special warranty, fcc simple Deed convcying all of his right, titlc and intcrest in thc aforcsaid property to Wife, Husband will exccutc that Dced to bc retained by his counscl in cscrow until such time as Wifc rcfinances thc aforcsaid mortgage. --Page 7 of 17-- . . Within 15 days of thc execution of the Marital Sclllcmcnt Agrccment, Wifc must file for rcfinancing cf the first mortgage. At thc time of settlemcnt, Husband will producc thc dccd transfcrring the housc to Wife for usc in Ihat rcfinancc. Within 30 days ofrcccipt ofthc Divorcc Decrce and the rcfinance of the first mortgagc, Wifc must assumc (rcmovc Husband's namc) from the cxisting homc equity loan. Wifc is obligatcd to filc an application for rcfinancing on thc aforesaid mortgages with another Icgitimate financial institution on thc six (6) month annivcrsary ofthc exccution of this Agrccmcnt by Wifc and cvcry six (6) months thcrcaftcr until such time as refinancing has takcn placc. Until such timc of Wifc's rcfinancc and assumption of thc aforcsaid mortgagcs, shc shall bc solcly and exclusivcly rcsponsiblc for making any and all paymcnts and mccting any and all financial commitmcnts duc and owning undcr thc aforcsaid mortgages. Wifc shall indemnify Husband and hold him harmlcss from and against any and all dcmands for paymcnt or collcction activities of any naturc, whatsocvcr relativc to the aforcsaid mortgage. From the time of execution of this Agrccmcnt forward and upon thc partics' compliance with all terms of this Agrcemcnt, Husband waivcs and rclinquishcs any and all right, title and intcrest in thc aforcsaid real estatc. If during any pcriod of timc prior to Wife's refinancing and assumption as required above, Wife falls sixty (60) days bchind in any payment due on the mortgage or home equity loan, Wife shall bc obligated with Husband, to immediatelv list the propcrty for sale with a rcaltor of thc parties mutual sclcction. In thc evcntthc parties cannot mutually selcct a rcaltor, Wife shall name threc realtors who arc acccptable to her to listthc propcrty and Husband shall be obligated to sclect one of those named realtors for purposes of listing and selling the property. The parties will defcr to thc recommendation of the selected rcaltor with respect to the listing price and alltcrms of thc listing contract, as wcll as the recommcndation of thc rcaltor on any --Page 8 of 17-- whether arising out of any former acts, cOlltrJcts, cngagcments, or liabilitics of such other as by way of dowcr or curtcsy, or claims in the naturc of dl.lwer or curtesy or widow's or widower's righls, family cxcmption, or sil11illlr allowllnce, or under the illlestlltc laws, 01' Ihe riltht to take againstthc spousc's Will; or thc right to treat a lifctimc convcyancc by the other as testamentary, or all other rights of a surviving spouse to participate in a deccascd spouse's cstate, whcther arising under the laws of (a) Pcnnsylvania, (b) any statc, eommonwcalth or territory of the United States, or (c) any othcr country, or any rights which cither party may have or at any timc hcreafter havc for past, prcscnt, or futurc support or maintcnance, alimony, alimony pendentc litc, counscl fces, costs or cxpcnscs, whcthcr arising as a rcsult of thc marital rclation or othcrwisc, cxccpt and only exccpt, all rights and agrccments and obligations of whatsocvcr naturc arising or which may arisc undcr this Agrccmcnt or for thc brcach of any thcrcof. It is the intcntion of Husband and Wifc to givc to cach othcr by cxccution of this Agrccmcnt a full, complete, and gcncral rclcasc with rcspcctto any and all propClty of any kind or naturc, rcal or personal, not mixed, which thc other now owns or may hcrcat1cr acquirc, cxccpt and only cxccpt, all rights and agrcements and obligations of whatsocver naturc arising or which may arise under this Agrecmcnt or for thc brcach of any thcrcof. 7.3 Ba/lkr/lotcv, Thc partics agrcc that any and all financial obligations assumcd hcrcin shall not be subjcctto dischargc through bankruptcy procccdings. This includcs, but is not limited to, all financial obligations assumcd under Paragraph 3.6, 3.8 and 4.1 of this Agrcement. In the event either party allempts to avoid financial obligations dcscribcd hcrcin through bankruptcy procecdings the other party shall havc an indepcndcnt claim against thc party claiming bankruptcy for any and all sums that thc othcr party assumes or is rcquircd to pay due to thc --Page 12 of 17-- . . actions of the party claiming bankruptcy. Further. all rights available to thc othcr party providcd for in Paragraph 6.14 hercinaftcr shall be available to the party not filing bankruptcy. 7,4 WarrUl,tll'.f, Each party rcprcscnts that they have not hcrctoforc incurrcd or contractcd for any debt or liability or obligation for which thc estatc of the othcr party may bc rcsponsiblc or liable, cxccpt as may be providcd for in this Agrcemcnt. Each party agrccs to indcmnify or hold the other party harmlcss from and against any and all such dcbts, liabilitics or obligations of cvery kind, including thosc for ncccssities, cxccpt for thc obligations arising out of this Agrccmcnt. Husband and Wifc cach warrant, covcnant, rcprcscnt and agrcc that cach will, now and at all times hcrcaftcr, savc harmlcss and kccp thc othcr indcmnificd from all dcbts, chargcs, and liabilitics incurrcd by the othcr aftcr the cxccution datc of this Agrccmcnt, cxccpt as is otherwisc spccifically providcd for by thc tcrms of this Agrccmcnt and that ncithcr of them hereaftcr incur any liability whatsocvcr for which thc cstatc of thc othcr may be liable. 7,5 No waivcr or modification of any of thc tcrms of this Agrecmcnt shall bc valid unlcss in writing and signed by both parties and no waiver of any breach hcreof or dcfault hercunder shall be dcemed a waivcr of any subsequcnt dcfault of the samc or similar naturc. 7,6 Husband and Wifc covcnant and agrcc that they will forthwith exccutc any and all written instruments, assignments, releascs, satisfactions, dceds, notes or such other writings as may be neccssary or dcsirable for the propcr implementation of this Agrccmcnt, and as thcir respective counsel shall mutually agrce should bc so exceutcd in order to carry fully and effectivcly the tcrms of this Agrccment. --Page 13 of 17-- 7,7 This Agreement shall be construcd in accordancc with thc laws of the Commonweahh of l'cnllsylvullia which are in cffcct liS ofthc datc of the cxccution of this Agrcclllclll. 7.8 This Agrcement shall bc binding and shall inurc to thc bcncfit of the partics hereto and their rcspcctivc heirs, cxccutors, administrators, succcssors and assigns. 7.9 This Agrcclllcnt constilutcs thc cntirc undcrstanding of thc parties and supcrscdes any and all prior agrccments and negotiations bctwcen thcm. Thcrc arc no rcprcscntations or warrantics othcr than thosc cxprcssly sct forth hcrcin. 7,}o Severabilitv, (fany tcrm, condition, clausc, scction, or provision of this Agrccment shall bc dctcrmincd or dcclared to bc void or invalid in law or othcrwise, thcn only that tcrm, condition, c1ausc or provision shall be strickcn from this Agrcemcnt, and in all othcr rcspects, this Agrcemcnt shall bc valid and continuc in full force, cffcct, and opcration. Likcwise, thc failure of any party to mcct his or her obligation undcr anyone or more of the articles and sections hcrein shall in no way void or alter the remaining obligations of the parties. 7,11 It is spccifically undcrstood and agrccd that this Agreement constitutcs the cquitable distribution of property, both rcal and pcrsonal, which was Icgally and bcncficially acquircd by Husband and Wife, or cithcr of them, during thc marriagc as contemplatcd by the Divorcc Code of the Commonwealth of Pennsylvania. --Page 14 of 17-- 7./2 J>/.I'C'/(I,I'/Irr, Thc partics each warrant and represent 10 thc other that hc or she has made a full and complete disclosure tllthe (II her of all assets of any nature whatsllever in which pany has an interest. of the sources, and amount of the income of such party ofcvcry type whatsoevcr. and all other facts relating to thc subjcet matter of this Agrccment. 7./J EII(llrceahlllfJ' alld COII,flderalltm, This Agrccmcnt shall survivc any action for divorcc and dccrcc of divorcc and shall forcvcr bc binding and conclusivc on the partics; and any indcpendent action may bc brought, cither at law or in cquity, to cnforcc thc tcrms of thc Agrccmcnt by eithcr Husband or Wifc until it shall havc bccn fully satisficd and pcrformcd. Thc consideration for this contract and agrcemcnt is thc mutual bcncfits to bc obtaincd by both ofthc panics hcrcto and thc covcnants and agrccmcnts of cach of thc partics to thc othcr. Thc adcquacy of thc considcration for all agrccmcnts hcrcin containcd is stipulatcd, confcsscd, and admittcd by thc partics, and thc partics intcnd to bc Icgally bound hcrcby. In thc event cithcr party brcachcs the aforcsaid Agrccmcnt and it is dctermincd through appropriatc legal action that the allcged party has so brcachcd the Agrcemcnt, thc breaching party shall bc rcsponsiblc for any and all attorncy's fecs as wcll as costs and cxpcnscs associated with litigation incurrcd by the non-brcaching party to cnforcc this Agrccmcnt against thc brcaching party. In thc cvent of brcach, thc non-breaching party shall havc thc right, at his or hcr election, to sue for damages for such brcach or to scck such othcr and additional rcmcdies as may bc availablc to him or hcr including cquitablc cnforccmcnt of this Agrccmcnt. --Page 15 of 17-- IN WITNESS WIlEREOF. lhe parties hereto havc scttheir hands and seals thc day and ycar first abovc writtcn. WITNESSED BY: ~ q 3/01 Datc !1J~ RODNEY V. FAUCON t . ~'Lt 1/1 /} ,J, t.. Ja JIt71JLl{ (j ~7/cy.(_ ~At_1A..l-~PC\ :~(I U([}11 Dalc SHERYL . FAU ON --Page 16 of 17-- ;... -0:- f.... ...., t . ~ " . ( ~ (,) :-,:~ , "0'''' ",:, ~ .: a: .. . I_,S. l.~cj <:0 C ,:- li"Jc.::..: (." ... :- --III ,... r-: :-.::; " "- .r 0 c:o .-' I:-~ ,..... U A_. ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHERYL FAUCON, ) Plaintiff ) ) v, ) ) RODNEY FAUCON, ) Defendant ) No, CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may 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: Office of the Prothonotary Cumberland County Courthouse 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator, Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone 717-240-6200 Faucon Divorco: Complaint March 3. 1999 2 8. Defendant has offered such indignitics to Plaintiff. who is the innocent and injurcd spouse, so as to rendcr Plaintilr s condition intolerablc and Iifc burdensome 9. Plaintiff has bcen advised that counseling is available pursuant to ~3302 of the Divorce Code and that Plaintiff may havc the right to request that the coun require thc parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that thc Coun enter a decree of divorce pursuant to ~330l(a)(6) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER ~~3301(c) or 3301(d) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated hercin by reference as though set forth in full. II. Thc marriage is irretrievably broken. 12. The parties have lived separate and apart since the 5th day of March , 1999. WHEREFORE, upon timely filing of the appropriate affidavit, Plaintiff respectfully requests that the Court enter a decree of divorce under ~~3301(c) or 3301(d) of the Divorce Code. COUNT III REQUEST FOR SHARED LEGAL AND PRIMARY PHYSICAL CUSTODY OF MINOR CHILDREN UNDER ~5301 et seq, OF THE CUSTODY ACT 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff seeks shared legal and primary physical custody of the following children: Name JESSICA FAUCON NICOLE FAUCON Present Residence 60 Pleasant View Drive, Mechanicsburg 60 Pleasant View Drive, Mechanicsburg Age II 6 Faucon Dj\'orc~ Complaint M:uch 3. 1999 5 ~ ~ " '^ ~) t, ,~ - \~ '" .::....J ,-., "'. 'Y\ ';- ''\, ''K; "i' \~ >t In .......,) '../ _::- '<, ~~ j'- ....... ~ i'- ~ r- t- <-.::, J"..... \~ - ~',~~ ... o "' n ~ .0N 0" - ~ en III r:: Il. W !:: - ,.. . ~ 0( ~ Z 'z- " - 0 ' J:~<; U) a: ~ I? >- z >- C ::;: ~ Ul ~ .OZ :E t; ffi - .J ~ a.. ~ W '" . W) z C) .:. Z J a: ~ <( o:J . C g ffi !:: . - ~ a: a: <( J: , . .. ." MAR ] 0 199q , 'lJ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNSYLVANIA SHERYL FAUCON, ) Plaintiff ) ) v. ) No. ~ -t.!S3 UVI<. ) RODNEY FAUCON, ) Defendant ) CIVIL ACTION - DIVORCE ACCEPTANCE or SERVICE I accept service of the above captioned Complaint in Divorce. I certifY thaI I am authorized to accept service on behalf of Defendant, RODNEY FAUCON. '1,/ I 7 JC?) Date (t.- ~ Rodney Faucon Faucon Accc:plancc: of Service ~'!arch 8, 1999 - ~. '" h.: j' {:~, too' : )< "( f. I..:... i.i. <:",1 ('0; ct~, ; r .' ,- ,.- II. C. 0 (rl U ... 0 on Ol ~ N d 0 )( n ~ Ul w ... UI .. ~ ~ ~ . 0( ~ Z ci Z ~ J: < ; ~ 0 ~ Ul . " >- z > ~ " ~ <Il Z :i 0 z .. ~ . W w Q. ~ .J " '! UI " cj z ~ Z :; 0: " :J " -0: 0 m 0 0 m <Il ~ ~ it 0: 0( J: >- 0\ ~ C\, ~ .....~ ~ wQ -', u~ .~ cj?Z ~o a: 'iE (.)t( ~ ~., -.... 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"" SHERYL FAUCON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW RODNEY FAUCON, Defendant No, 99-1353 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred recently in the above-captioned case, the case is stricken from the purge list, and shall remain active, By the Court, ! , I!~/' Sheryl Faucon 60 Pleasant View Drive Mechanicsburg, PA 17055 Plaintiff . ) ~!: ,Wesley OJ.ei', Jr" Rodney Faucon 60 Pleasant View Drive Mechanicsburg, PA 17055 Defendant Court Administrator wcy V IS" IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA SHERYL FAUCON. Plaintiff v. ) ) ) ) ) ) ) No. 99-1353 CIVIL RODNEY FAUCON. Dcfendant CIVIL ACTION - DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Pleasc WITHDRAW thc appearance of: Daniel M. Myshin. Esq. 4800 Linglestown Road, Suite 305 Harrisburg. Pcnnsylvania 17112-9507 as Allomey for Plaintiff. SHERYL FAUCON, in thc abovc captioned case. Dated: September 18. 2002 @1 ~ Danicl M. Myshin, Esq Pa Suprcmc Court ill # 0366 4800 Linglcstown Road, Suite 305 Harrisburg, P A 171 12-9507 717-541-5451 717-541-5457 fax ,- rwo C ~( ........ ;'- ('~ '. . , :.-: ~: .. ::j : 'c ,~\ ,.. , .- r.;... , " ~:l .- L'.c lO- V) C , ,,- ~....,! .:J c; ':J <.) fr: 0 ~ ;=; a. i3~ 0 ~6 :c u~ ~.. ...: >. -- - 9~ ~>'; <7l IN 52 ~c. 0::: lliru lJ:lll :r..: 0- (1)~ 1-- c,; ::: lL. C'l ::J 0 <7l U 6. Both partics havc bcen advised of counscl's intention to prescnt this Order and hBVC cvidenccd their conscnt to the same by signing thc attached CONSENT TO WITHDRAWAL OF COUNSEL. WHEREFORE, Petitioncr rcspcctfully requests that pursuanlto PaR.Civ.P. 1012(b), this Court grant leave to withdraw as counsel for Plaintiff, SHERYL FAUCON, in thc above captioned mailer. ~~tL ~ Daniel M. Myshin, sq. Allorney for Plainti Pa Supreme Court ID #40366 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112-9507 717-541-5451 717-541-5457fax VERIFICATION I verifY that the statements made herein are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authoritics. CERTIFICATE OF SERVICE BY AIL "'t I, Daniel M. Myshin, Esq., Petitioner herein, certifY that on the a::: day of April, 1999 I ~61o/1 served a true and correct copy of the above captioned Petition for Leave to Withdraw as Counsel and Rule to Show Cause, by United States Mail, first class postage prepaid and addressed to Sheryl and Rodney Faucon, 60 Pleasant View Drive, Mecha icsburg, PA 1?055. Daniel M. Myshin, Allorney for Plainti Pa Supreme Court ID #40366 4800 Linglestown Road, Suite 305 Harrisburg, PAl 71 l2-9507 717-541-5451 717-541-5457 fax _ Petition 10 Withdraw Appl!aranl!e July 16. 1998 3 -~ "". ~1 .,. '- -" r; J: tr: i~ (j, :'.~l . ," .i Co ) ~'i>< ,. ~.~ { - ". L!..' ,,,;,,, I.: ~ ~ ~\ cr' t .. / .~ ~,., r~ .,\U Lt~l O. !o. -.' ~J ,- ~: i '" F 0 (f\ () ... o on Ol g N )( d l"I - ~ U) w r:: ... ~ ~ ~ 5 z . Z IJ :;: ~ 0:( .., .I. 0 > n IJ) a:: ..J ,.: >- z >- ,.. :E ~ ~ . ~ z ::E In W n ..J ~ 0.. "f W ~ (j ~ - - It Of Z oJ ::J n <( 0 m ~ C g U'I .... . it 0: .: :r .." tjJ (a) "Participant" shall mcan Rodncy V. Faucon, whosc currcnt addrcss is 22 Crcsccnt Drivc, New Cumbcrland, Cumbcrland County, Pcnnsylvania, and whosc Social Sccurity Numbcr is 076.46.3830, and whosc dalc of birth is July 3,1955. (b) "Altcrnatc Payce" shall mean Sheryl A. Faucon, whose currcnt addrcss is 60 Pleasant Vicw Drivc, Mechanicsburg, Cumbcrland County, Pcnnsylvania, and whose Social Security Number is 110-48-4689, and whosc date of birth is Fcbruary 23, 1958. (c) "Administrator" shall mean Thc Plan Administrator for the Schncider National, Inc. 401(k) Savings and Rctircmcnt Plan, Schncider National, Inc., 3101 South Packerland Drivc, Grecn Bay, WI 54306-2545. 4. Assignmcnt to Alternatc Payce, The Altcrnatc Payee (who is the former spouse of the Participant) is awarded and assigned a bencfit that is equal to TEN THOUSAND ONE HUNDRED NINETY-FIVE AND 6l/100 ($10,195.61) DOLLARS of the Participant's account balancc under the Plan, determined as of May 3, 2004. Any outstanding unpaid 40 I (k) loans shall bc treated or allocated as follows: Participant shall continue to make payment on any outstanding 40I(k) loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commcncement of Assigned Benefits to Alternate Payee, The Alternate Payee shall reccive the Alternate Payec's assigncd benefit under the Plan as soon as administrativcly practicable following the Administrator's determination that this .. Ordcr is a Qualified Domestic Relations Order; provided. however, that the assigned bencfit shall bc payable only to the extent that thc Participant is vested in the account balancc as ofthc datc sclccted in (4) above upon which thc assignmcnt was bascd. 6. Form of Paymcnt, The Alternatc Paycc shall rcccive the assigncd bcnefit under this Ordcr in thc form of a singlc sum cash paymcnt and thc Altcrnate Payee hereby consents to such form ofpaymcnt 7. Dcath of ParticIpant, The death of the Participant, either before or aftcr thc Altcrnate Payec has received paymcnt ofthc Alternatc Payee's assigncd benefit, shall neither affect thc Alternatc Paycc's right to payment of the assigned benefit nor entitlc the Altcrnate Payee to any additional bencfits. 8. Death of Alternate Payce. (a) Before Commencement to Alternate Payee. If thc Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, no benefits shall be payable under this Order, and the Participant's benefit under the Plan shall be payable as if this Order had not existed. (b) After Commencement to Alternate Payce. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Ordcr. 9. Plan Provisions to Govern, This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take , any action which is inconsistclll with allY provision of the Plan, as now or hereafter ill effcct. The Participant and thc Altcrnate Payee shall bc subject to all of the provisions of the Plan and any administrati ve rules as Irom timc to timc in effect under the Plan. 10. LImitations. This Order shall not bc construed to rcquirc the Plan, the Administrator, or any trustcc or other fiduciary with rcspcct to the Plan to: (a) Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; (b) Provide any type or form of benefit, or any option, which is not otherwisc provided under the provisions of the Plan; (c) Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 4I4(P) and Section 206(d) ofthc Employee Retirement Income Security Act. I I. Mailing to Last Known Address, All appropriate payments, notices, and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the Occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate as a complete discharge of the obligations, with respect to such payment or communication, of the Plan. I'!' C~ '!l ,': r" '. ... .,":'t"'Y i:':'::..: .j) 20 I,I I: ~6 ..", ,{