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HomeMy WebLinkAbout99-04999 a .y Cl h 411- 40 ,y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF 4A VICTORIA D. DISHONG, ~ Plaintiff N O, 99-4999 VERSUS TIMOTHY J. DISHONG, Defendant DECREE IN DIVORCE AND NOW, !Vv?11, IS ORDERED AND u DECREED THAT Victoria D. Di , PLAINTIFF, AND Timothy J. Di Shong , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR9 IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; j?[ J The attached Separation and Property Settlement Agreement dated Ma 19, 2002, is incorporated, without merger, herein. w,?w. BY THE (;OUR ATTEST: ?- PROTHONOTARY .:o' 'may 4.?[ ?? /lta..l? G? '?"y .iG-:uL? VICTORIA D. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of &Z -LL ,4t= 2002, by and between TIMOTHY J. DISHONG of Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband; and VICTORIA D. DISHONG of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT: WHEREAS, Husband and Wife were married on January 16, 1988, in Westmoreland County, Pennsylvania; and WHEREAS, both parties are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since December 1, 2000; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, there is one dependent child to the marriage, namely Amber M. Dishong, bom July 19, 1989; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2 ARTICLE 11 - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. 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 waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each 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. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 3 2.3 Incorporation of Agreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Rights of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The 4 division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as maybe otherwise set forth herein. 3.4 Personalty. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.5 Retirement. (a) Husband is employed by Roadway Express and is a participant in the Central Pennsylvania Teamsters Pension Fund 1987 (Plan). The parties agree to the entry of a Qualified Domestic Relations Order (QDRO) pursuant to Section 414(p) of the Internal Revenue Code, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, to provide for the division and disposition of a portion of Husband's benefits under the Plan and to grant to Wife certain rights and benefits described herein. 5 (b) The parties do not intend to require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan as determined under Section 414(p), nor to require the Plan to provide increased benefits (determined on the basis of actuarial value), nor to require the Plan to provide benefits to Wife which are required to be paid to any other alternate payee under any other court order previously determined to be a QDRO. (c) Wife shall receive a benefit equal to fifty percent (50%) of Husband's vested account balance as of March 31, 2002. The Fund shall separately account for the awarded benefits as soon as administrable after this agreement has been reduced to a court order which has been determined to be a QDRO. (d) Wife may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to Husband (other than in the form of a joint and survivor annuity). Wife may select a beneficiary to receive her benefits in the event she should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office, or if no beneficiary is selected, such benefits would be paid to Wife's estate. Wife may elect to receive payment from the Plan at Husband's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. (e) The parties agree that the Court shall retain jurisdiction specifically to the extent necessary to establish or maintain the order's status as a QDRO. (f) It is recognized that Wife may elect to commence receiving benefits before Husband retires. If she so requests, Husband will cooperate with Wife in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. (g) Husband specifically waives any right, claim or interest he may have in Wife's pension. 6 ARTICLE IV - DEBTS OF THE. PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. Husband's bankruptcy discharge to remain unaffected. ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimony. Pursuant to this Agreement of the parties, each party specifically waives any right or claim they may have against the other spouse for spousal support, alimony, alimony pendente lite, maintenance, dower, curtesy, or the like. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attorneys Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein, the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge 7 and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result ofanycollusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 8 except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate or the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them will hereafter incur any liability whatsoever for which the other may be liable. 6.6 Modification. No waiver or modification of any of the terns of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims 9 for broach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Binding. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Equitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and 10 beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the, alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. WITNESSED BY: ? 4&ilg TIMOTHY J. DISHO G, HUSBAND 4 L 'LLA IAILD VICTORIA G. DISHONG, WIFE(-) 11 L' P_ 'r U-1 il. V t'; v. U ? _i VICTORIA D. DISHONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 99 - 4999 CIVIL TERM TIMOTHY J. DISHONG, : CIVIL ACTION -LAW Defendant : IN DIVORCE PRAFC.[PF.TATRANCMiTRFr RD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Ground for Divorce: Irretrievable breakdown under § 3301(c) § 3361(d)(Ij ofthe Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail # Z 353 364 719, delivered on august 21, 1999. See Attached Affidavit of Service. 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 the Plaintiffs 17 , 7n09 by the Defendant May t n ' 2nn' . (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: -. 4. Related claims pending: Pleaw. inmrpnratP,, y ^thnnt rneWng,.thP attarhe d Prnnxty -r CettlPment Ageament of the nartiee intn the l?ilnrcP 17erree e 5. (Complete either paragraph (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 Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: fled simiftaneninlyw/Pp?ipp Date Defendant's Waiver of Notice, r § 3301( ) Divorce was filed with the prothonotary: -filmgimilita Matthew J. Eshelmkn, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hdl, Pennsylvania 170114706 Date: 1139 72655 Tel. (717) 763-1800 f" i.`- ?' ; _?. 1 _ C?: J I! l-J _? :_) VICTORIA G. DISHONG, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. TIMOTHY J. DISHONG, CIVIL ACTION - LAW 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TARE 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 i' VICTORIA G. DISHONG, Plaintiff I V. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 9f-`959 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Victoria G. Dishong, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce: 1. The Plaintiff, Victoria G. Dishong, is an adult individual who currently resides at 700 South Rupp Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Timothy J. Dishong is an adult individual who currently resides at 64 Peachy Ann Drive, Newville, Pennsylvania, 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on January 16, 1988, in Westmoreland County, Pennsylvania. i Count 1-DIVORCE 5. Paragraphs one (1) through four (4) are incorporated ?I herein by reference as if set forth specifically below. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. Count II-CUSTODY 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as if set forth specifically below. 11. There is one (1) dependent child by this marriage as follows: Amber M. Dishong DOB: 07/19/89 12. The Plaintiff seeks primary physical custody, partial physical custody or visitation of the child born of this marriage as set forth in Paragraph Eleven (11). 13. The minor child is in the custody of the Plaintiff at 700 South Rupp Avenue, Mechanicsburg, Pennsylvania 17055. 14. The Father of the child is the Defendant, currently residing at the above referenced address, Paragraph Two (2). 15. The Mother of the child is the Plaintiff, currently residing at the above referenced address, Paragraph One (1). 16. During the past nine years, the child has resided at the following address with the following persons: July 1999 - present 700 South Rupp Road Plaintiff Mechanicsburg, PA 17055 Birth - June 1999 64 Peachy Ann Drive Plaintiff & Newville, PA 17241 Defendant 17. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 18. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 20. The best interests and welfare of the minor child will be served by granting the relief requested because: a. Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the child. C. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. I' WHEREFORE, The Plaintiff respectfully requests this Honorable Court grant the Plaintiff rights of custody, partial custody and visitation. COUNT III - EQUITABLE 22. Paragraphs one through twenty-one are incorporated herein by reference. 23. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 24. The Plaintiff and the Defendant have been unable, as of the date of this Complaint, to agree as to an equitable division of said property. WHEREFORE, the Plaintiff, Victoria G. Dishong respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital property or custody into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. Re ;l ! Date: l? Matthew J. Eshelman, Esquire Law offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 VICTORIA G. DISHONG, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. TIMOTHY J. DISHONG, CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION i verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ZZy-Q9 Signature: v ? A/ Victoria G. Dish- J } 1?J1( F ?_ w C_ t• C: a rn m -7 A fl:j r v ti i c? ^v i ` V' n? ?t \1 v l ?11 ` v y'J I? PATRICK F. LAUER, JR. Attoincy at Law 2101 Menke) $Imel Aztcc Building Camp Hill, PA 17011 (717)761-IRO() VICTORIA D. DISHONG, Plaintiff vs. TIMOTHY J. DISHONG, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1, Matthew J. Eshehnan, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, Certified Mail No. Z 353 364 719, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. SENDER: I also With to receive the follow. • b Complete items t Weyer d for additional services. ing sarvICB3 ((or an extra lee)' Cwrplele hems s, 8, and ab, p Pdnl your name and d address an the revere Of INS form so that we can return this card to you. 1. ? Addressee's Address 0 Altach this form to the Iron) of the mailpime, or on the bad If Space doss not 4 ".i'. z.)(Restricted Delivery iB Owdle'4elum Rereipf Requarrad'on the mailpiBCa below the edide number. O The Rclnm Receipt volt Show to whom the aside was delivered and the dale O delivered. E 3. Article Addressed toQ 4a. Article Number Ce 4b. Service Type 4?r? l7' ?, ` Z 353 3614 ? Express Mail ? Insured ? Return Receipt for Merchandise ?COD 66.5ignature ? Registered XCertified or? J(Addrs 7. Date of Diveam6. Addressee's Address (Only if requested and fee is paid) or gent) 0 a PS Form 3811, December 1994 5? G ti Date: ' 102595.91 T23 Matthew J. EsheflDan, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 170114706 ID# 72655 Tel. (717) 763-1800 N 3? ;: .-. ' -, ;. '- _? _? ?: _ ? _; ' .,;_ ,, ._ ?.? VICTORIA G. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 17, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety 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. 4. 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. i DATE: Signature: /oi-, m. "v ?i ( cy VICTORIA G. DISHONG ' - ?' . ' t-? - , r O_. " -? 1 L:.I' _.I .. . ? CC __ n- :?.i L' _, :J VICTORIA G. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) 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. 4. 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: 3-ii-c2 Signature: VICTORIA G. DISHONG ?- ?: ,: ... _> :,_ ? = - ?? ?:? ? , :? _. VICTORIA G. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM . CIVIL ACTION - LAW . IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 17, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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: _ S-/9 Ca Signature: ?? OTHY J. DI ON r'• i- ;?? a. f_i ..1 it .a.. 1 .__ •. ?. i ?1 VICTORIA G. DISHONG, Plaintiff Vs. TIMOTHY J. DISHONG, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM . CIVIL ACTION - LAW . IN DIVORCE DEFENDANT'S 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. 4. 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. ?v DATE: _-=/Q-O.:L. Signature: =-; TIN O /?.;' ._. C'J ._I 11 y . C J (? VICTORIA D. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED: J. BAYLEY RULE TO SHOW CAUSE AND NOW, this day of _(!2- &- X002, upon consideration of the attached Motion for Entry of QDRO, a Rule is hereby issued upon the Defendant to show cause, if any he has, why a Qualified Domestic Relations Order in the form attached to said motion, should not be entered to make final distribution of the assets and claims in this matter. The Plaintiff shall serve the Rule upon Defendant pursuant to the requirements of Pa. R. Civ. P., Rule 1930.4 (Service of Original Process in Domestic Relations Matters) and the Rule shall be returnable to days from service. BY THE CDUR : I Distribution: ZMatthew J. Eshelman, Esquire (Attorney for Plaintiff) 2108 Market Street, Camp Hill, PA 17011 C, d /Timothy G. Dishong (Defendant) ? R 3 64 Peachy Ann Drive, Newville, PA 17241 ?? ?? ;ly VICTORIA D. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED: J. BAYLEY MOTION FOR ENTRY OF QDRO The Plainti>I; Victoria G. Dishong, by her attorney, Matthew J. Eshelman, Esquire, moves the court for entry of a Qualified Domestic Relations Order (QDRO) in the form as attached hereto, and in support thereof avers: The Plaintiff herein, Victoria G. Dishong, is an adult individual who currently resides at 700 South Rupp Avenue, Number 10, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant herein, Timothy J. Dishong, is an adult individual who currently resides at 64 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania 17241. Plaintiff filed a divorce complaint in Cumberland County on August 17, 1999. 4. The economic issues in this case were resolved with a Property Settlement Agreement (PSA) signed by the parties on May 19, 2002, and incorporated without merger into a Decree in Divorce issued by the Hon. Edgar B. Bayley, on June 4, 2002. A true and correct copy is attached hereto as Exhibit 'W'. 5. Paragraph 3.5. of the Property Settlement Agreement sets forth specific provisions of the equitable distribution of Husband's Roadway Express, Central Pennsylvania Teamsters Pension Fund 1987 (Plan), transferring a portion of the Plan benefits from Husband to Wife in accordance with a court order which has been determined to be a QDRO. 6. Attached hereto as Exhibit "B" is a copy of a proposed QDRO drafted to effectuate the distribution of the Plan in accordance with the terms of paragraph 3.5 of the PSA. WHEREFORE, Plaintiff Victoria G. Dishong, requests the Court to issue a Rule upon the Defendant to show cause why the proposed QDRO should not be approved as an order of Court. Respectfully Date: Matthew J. Eshgonan, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp 19, Pennsylvania 170114706 M# 72655 Tel. (717) 763-1800 VICTORIA D. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 -4999 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED: J. BAYLEY ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: He is the attorney for Plaintiff Victoria G. Dishong; 2. He is authorized to make this verification on her behalf, 3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his knowledge, information, and belief, and He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Matthew J. Eshe Esquire Law Offices of Pa 'ck F. Lauer, Jr. 2108 Market Street, Aztec Building (G I (? G Camp lfrll, Pennsylvania 170114706 Date: ID# 72655 Tel. (717) 763-1800 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. p ?, d VICTORIA D. DISHONG, NO. 99-4999 Plaintiff VERSUS TIMOTHY J. DISHONG, Defendant DECREE IN DIVORCE AND NOW,JUne4 DECREED THAT Victoria D. Dishong 2002 , IT IS ORDERED AND AND Timothy J. Dishong ARE DIVORCED FROM THE BONDS OF MATRIMONY, , PLAINTIFF, 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 attached Separation and Property Settlement Agreement dated May 19, 2002, is incorporated, without merger, herein, BY THE COURT: Edgar B. Bayley ATTEST: ,J, ?-? 't;? PROTHONOTARY Certified Copy Issued: JUNE 4, 2002 VICTORIA D. DISHONG, Plaintiff VS. TIMOTHY J. DISHONG, Defendant IN THE COURT OF COMMON PLEAS OF r; CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT c; l -c THIS AGREEMENT, made this ZL day of L1QdgG_ 2002, by and between TIMOTHY J. DISHONG of Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband; and VICTORIA D. DISHONG of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH THAT: WHEREAS, Husband and Wife were married on January 16, 1988, in Westmoreland County, Pennsylvania; and WHEREAS, both parties are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife since December 1, 2000; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and WHEREAS, there is one dependent child to the marriage, namely Amber M. Dishong, bom July 19, 1989; and, NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 Separation. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 Effect of Reconciliation. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. 2 ARTICLE II - DIVORCE 2.1 Divorce Action. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. 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 waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each 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. 2.2 Final Resolution. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 3 2.3 Incorporation of Agreement into Decree. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 Criteria of Distribution. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 Satisfaction of Rights of Equitable Distribution. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The 4 division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3.3 Relinquishment of Claims. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 Personalty. The parties have agreed between themselves to a division of all household furnishings and personal property which would be considered "marital property" under the Pennsylvania Divorce Code, including any pensions or retirement savings accounts or plans. Except as otherwise provided herein, the parties acknowledge and agree that the assets in the possession of the other spouse shall be that spouse's sole and separate property, each party hereto specifically releasing any claim he or she may have with respect to such items. The parties further agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby releases any claims therein and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 3.5 Retirement. (a) Husband is employed by Roadway Express and is a participant in the Central Pennsylvania Teamsters Pension Fund 1987 (Plan). The parties agree to the entry of a Qualified Domestic Relations Order (QDRO) pursuant to Section 414(p) of the Internal Revenue Code, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, to provide for the division and disposition of a portion of Husband's benefits under the Plan and to grant to Wife certain rights and benefits described herein. 5 (b) The parties do not intend to require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan as determined under Section 414(p), nor to require the Plan to provide increased benefits (determined on the basis of actuarial value), nor to require the Plan to provide benefits to Wife which are required to be paid to any other alternate payee under any other court order previously determined to be a QDRO. (c) Wife shall receive a benefit equal to fifty percent (50%) of Husband's vested account balance as of March 31, 2002. The Fund shall separately account for the awarded benefits as soon as administrable after this agreement has been reduced to a court order which has been determined to be a QDRO. (d) Wife may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to Husband (other than in the form of a joint and survivor annuity). Wife may select a beneficiary to receive her benefits in the event she should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office, or if no beneficiary is selected, such benefits would be paid to Wife's estate. Wife may elect to receive payment from the Plan at Husband's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. (e) The parties agree that the Court shall retain jurisdiction specifically to the extent necessary to establish or maintain the order's status as a QDRO. (f) It is recognized that Wife may elect to commence receiving benefits before Husband retires. If she so requests, Husband will cooperate with Wife in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. (g) Husband specifically waives any right, claim or interest he may have in Wife's pension. 6 ARTICLE IV - DEBTS OF THE PARTIES 4.1 Debts. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that, except as otherwise provided herein, both parties are equally responsible for all such bills, obligations, and debts. Husband and Wife each agree to hold the other free and harmless from any and all liability which may arise from any outstanding bills, obligations, and debts incurred after the date of separation, and further agree to indemnify and defend the other from any claim regarding same. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase which either of them may hereafter make and shall not hereafter create any engagements, debts, or obligations in the name of or against each other. Husband's bankruptcy discharge to remain unaffected. ARTICLE V - ALIMONY AND SUPPORT 5.1 Alimony. Pursuant to this Agreement of the parties, each party specifically waives any right or claim they may have against the other spouse for spousal support, alimony, alimony pendente lite, maintenance, dower, curtesy, or the like. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 Attorneys Fees upon Breach. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein, the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge 7 and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney fees. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective allomeys. Hershey Foods Corp. v. General Electric Service Co., 619 A.2d 285 (Pa. Super. 1992). 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 8 except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate or the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them will hereafter incur any liability whatsoever for which the other may be liable. 6.6 Modification. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims 9 for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 6.7 Document Execution. The parties agree that they will promptly execute any and all written instnunents, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.8 Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.9 Binding. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.10 Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.11 Severability. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.12 Equitable Division. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and 10 beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.13 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement and that this agreement was entered into in reliance upon that disclosure. 6.14 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. WITNESSED BY: TIMOTHY J. DISHO G, HUSBAND VICTORIA G. DISHONG, WIFE 11 EXHIBIT B VICTORIA D. DISHONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 99 - 4999 CIVIL TERM L TIMOTHY J. DISHONG, CIVIL ACTION - LAW - IN DIVORCE Defendant : PREVIOUSLY ASSIGNED: J. BAYLEY Identifying Information: ORDER The Participant is Timothy J. Dishong. The Participant's Social Security Number is 203-56-1508. The Participant's address is 8 Broad Street, Newville, PA 17241. IL 2. The Alternate Payee is Victoria G. Dishong. The Social Security Number is 309-76-3313. The Alternate Payee's address is 700 South Rupp Avenue, Number 10, Mechanicsburg, PA 17055. The Alternate Payee's date of birth is July 14, 1961. 3. The parties were married on January 16, 1988, and divorced on June 4, 2002. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Plan is the Central Pennsylvania Teamsters Retirement Income Plan 1987. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to fifty percent (50%) of the Participant's vested account balance as of March 31, 2002. 2. The Plan shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order has been determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in Paragraph I of this Section H. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Plan office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Plan office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. Note: Generally the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. M. Other Provisions: This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Plan and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. BY THE COURT: Distribution: Matthew J. Eshelman, Esq. Timothy J. Dishong, 8 Broad St, Ncwville, PA 17241 ?'_ t:l 1 I ?. .. ? ' ` _ a ti as _ 1QI y N :? W 4' ICI ? y ? ? y A ?_ r U $ ° < E C y N r..t Qi a PATRICK F. LAUER, JR. Attorney at Law 2108 Markct street , .. A, 11,d I . Ainc Cu1n p l f'.A 171)1 1 ,7Y 17171761-IK1M1 APR 0 3 2003 VICTORIA D. DISHONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 99 - 4999 CIVIL TERM TIMOTHY J. DISHONG, : CIVIL ACTION - LAW - IN DIVORCE Defendant : PREVIOUSLY ASSIGNED: J. BAYLEY 1. Identifying Information: ORDER H. 1. The Participant is Timothy J. Dishong. The Participant's Social Security Number is 203-56-1508. The Participant's address is 8 Broad Street, Newville, PA 17241. 2. The Alternate Payee is Victoria G. Dishong. The Social Security Number is 309-76-3313. The Alternate Payee's address is 700 South Rupp Avenue, Number 10, Mechanicsburg, PA 17055. The Alternate Payee's date of birth is July 14, 1961. 3. The parties were married on January 16, 1988, and divorced on June 4, 2002. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Plan is the Central Pennsylvania Teamsters Retirement Income Plan 1987. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to fifty percent (50%) of the Participant's vested account balance as of March 31, 2002. 2. The Plan shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order has been determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in Paragraph 1 of this Section IL 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Plan office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Plan office on request, or if no beneficiary is selected, to the Alternate Payee's estate. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. Note: Generally the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. M. Other Provisions: This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Plan and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. $ THE CO Distribution: ?vlanhew J. Eshelman, Esq. ( i 15[? Timothy J. Dishong, 8 Broad St, Newville, PA 17241 /Richard R. Weiler, CPTPF, PO Box 115223, Reading, PA 19612 ??,5 /Yic?otti0. 1b. bislio^0 OA'Co .t VICTORIA D. DISHONG, Plaintiff 11 vs. TIMOTHY J. DISHONG, + Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED: J. BAYLEY PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE The Plaintiff? Victoria G. Dishong, by and through her allomey, Matthew J. Eshelman, Esquire, respectfully avers the following: 1. Plaintiff Sled a Motion for Entry of QDRO on October 8, 2002. 2. Your Honorable Court issued a Rule on October 11, 2002, upon the Defendant to show cause, if any, why a proposed Qualified Domestic Relations Order should not be entered to make final distribution of the assets and claims in this matter. The Rule was made returnable within 10 days from the date of service. 3. Service was made upon Defendant on November 1, 2002. See attached Affidavit of Service. 4. More than 10 days have elapsed from the date of service of the Rule without response. WHEREFORE, Plaintiff respectfully requests your Honorable Court make the rile absolute and enter the Qualified Domestic Relations Order as requested. Respectfully Date: Matthew J. Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 VICTORIA D. DISHONG, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY J. DISHONG, Defendant 1 I, Matthew J. Eshelman, Esquire, verify that the Rule to Show Cause, dated October 11, 2002, in the above-captioned matter has been served upon the Defendant indicated above by first class, Certified Mail No. 7000-1670-0005-2769-6068, postage prepaid, return receipt regU(Wj2A1 ewrralant to thn rannillmemts of Pa. R.C.P. 1930.4. SENDER: •cartipetth name l •rw«z ror samuolw..llecn. C C psle hem s,H. erxl nb 191150 wleh to receive the m P . an lNwr oaO ns111e sna sdalwe the n velsa of this form eo am ws an mm INs following saftes (for an Wu AN INekml to the horq of the menpiwy,« on the back npso•Goss not extra lee): ,qm1my?? •W n 1. 13 Addressee's Add ', ? r Rot Rsos/pf Rsgaesrtho'an the mNlp .a'tl1th enk the a. erly Ralum Ramp xiA show to whom as 9 erlld wee WAretad and d the dae 2. 10 Restricted IDe11Ve dNlvaM. OWW"Postmaster fo f ? a e r ee ?f &941? 0 T a Pa Form 3811, Decerr r 191M No. 99 - 4999 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED: J. BAYLEY ? Registered ) Certified 12. /fit ? Express Mall ? Insured ? ReturnReoe¢s for Merchadise c3 COD 7. Date of Delivery /- 0'A 3. Addressee's Address (Only raraquested y end /eels paid) . 102595.9I-B-01I9 Respectfully submitted, MaA??' Matthew J. Eshelman, Esquire 2108 Market Street, Aztec Building b J Camp Hill, Pennsylvania 170114706 Date: 7 ID# 72655 Tel. (717) 763-1800 lr .. E Lt 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1?i???IQ G D isho rl? aintiff g q- y 9 9 9 Vs File No. ' IN DIVORCE 1?mo+hu T nic h6r)G, 1 D ndant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ? after the entry of a Final Decree in Divorce dated J 1. n r: y / 1 hereby elects to resume the prior sumame of n r_5 a .t and gives this written notice avowing his / her intention pursuant to the provisi?o/ns of 54 P.S. 704. Date:_ 'l - 6 -0`l Zzrl ri,r p/ fi1i Q? Signature 72 G'IL2 t?l 1F' cv- Signature of name being r umed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF 1Q,,Q& - ) i On the 7 day CL?? 2001 before me, the Prothonotary or the notary public, personally' appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. (/l1 Cow- VANIA?4?i". , eubiic Notary Pu 'c ..??phm Canty 1 ,ems Oct. 29 2007 COMMONWEALTH OF PENNSYLVANIA Menwa,.: „rayivamaAssociation Of Notaries NotarWSeal TamnryA. D ieb: Notary Pubic City Of Harrisburg, Dauphin County My Cartwriaelat Expires Oct. 29, 20e7 Member, Pennsylvania Association 01 Notaries ? ` ? ? ?._ _ o : ? 1 ? 0 ?? ci D. Q r-?.?.? ' - .. .. 1 r ri ,? ? ?__ -. __ . _r ? ?,_ ? , ?. ??? ?.?