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HomeMy WebLinkAbout99-06296w ?.??-? _ ? a - ..: -, .. ":q` . x" ? .w. ?:> ., t , ? : ,, r : ;:, ?, ,?,. 3;Y, ,? ` ? ' k'Q. . . f p ?.5 ??}?i t ?: Yry i} JAJ ' ?? ? ¢ F /.V i .! ?? I }y ? }?% f P ??', ? ? t za -' ?_ ?i?b 7 : ? ? L . S'e F \t ?? ? ? N s ," ? _'e t .. v •?, .r X ?YjS} i . _ ??. `?#>> t p' u 5!yr ?? ? t r _ ? . ? / s, + ? fI r t p. }:aN,'? ti ? ?? ?` }. ? ??;? ? ' " {r r ' 1^tis"" r °y , 1l.. ?s. Y l ,1' y?: x t. i. b 4,Y""?r ? t ? . .'. F? P 4 r. '+ _.;l , + .i,_? z - -, ? , ??-? rl?w i? A ?s } ' ??iE'.. ?.`d t??, .. ?? ,i Ci. (t' ?Yt I ?. • .. f4 ?3 ?r? ?? ' ? ?1 ? _ 1 L.? J D ;.k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. n? a TANDA S. SHERMAN Plaintiff N O. 99-6296 Civil Term VERSUS DAVID C. SHERMAN npfpnAantt DECREE IN DIVORCE AND NOW, LV " D,'IT IS ORDERED AND DECREED THAT LINDA S. SHERMAN , PLAINTIFF, AND DAVID C. SHERMAN -,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC(R1D^IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ' L. c ?'?d??e?7• CZ?1 e.sc? s' ??sc„ /' of 5? i/arm. ?,/ A THIS AGREEMENT, made this _ 5 ' day of Novdn k ? , 2000, by and between LINDA S. SHERMAN, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as 'WIFE") and DAVID C. SHERMAN, of Franklintown, York County, Pennsylvania (hereinafter referred to as "HUSBAND'): WITNESSETH: WHEREAS, the parties were married on October 4, 1986 at Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the following children were bom during the marriage: Andrew David Sherman, d.o.b. 10/8/90, Ellen Susanne Sherman, d.o.b. 5/21/93, and Jacob Hunter Sherman, d.o.b. 10-6/95; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by one against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, J, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. SUBSEQUENT DIVORCE: 77ic parties hereby acknowledge that WIFE file a Complaint in Divorce in Cumberland County on October 26, 1999 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable 2 i distribution of property of the parties arc accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the panics for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL. RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all 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 or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all Property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pcndentc lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNS U The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox & Colgan, P.C. for Wife and Mark D. Schwartz, Esquire of Irwin, McKnight & Hughes for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OB .I .ATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: 14USBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between diem, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which arc now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and 6 forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: HUSBAND has retirement benefits through the Central Pennsylvania Teamsters as a result of his employment with United Parcel Service. HUSBAND agrees to sign a Qualified Domestic Relations Order immediately upon WIFE's request which allows her a fifty percent (50%) share of the retirement benefits computed as of the date of separation along with the proportionate share of gains and losses thereon until the date of execution of this agreement. 14. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: the Honda Accord shall become the sole and exclusive property of HUSBAND. WIFE shall execute the title necessary to transfer ownership of the vehicle as set forth above. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which arc hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarred. 16. CUSTODY: Custody of the children shall be pursuant to the Custody Stipulation signed by the parties on December 21, 1999 and entered as an Order of Court by the Honorable J. Wesley Oler, Jr. on December 29, 1999. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 17. INS AN .: HUSBAND shall maintain health insurance for the children. The parties shall share the uncovered medical expenses itren-m?tonrt ' n-to !Heir eoNatala,.t wi+4. ih? euxroxt or f„ ?ur4 Couv? orelrara v?lo'a 41110\ 54pevk, ineefnes bcs ? HUSBAND agrees to provide health insurance for WIFE at his cost for 12 months from the date of execution of this agreement or until WIFE obtains health insurance through her employer whichever shall first occur. HUSBAND shall maintain life insurance on his life in the amount of $150,000 for which the children of the parties are named as equal beneficiaries. (a) promptly pay all premiums on the policy; (b) not create a lien on, not pledge, or not borrow against said policy; (c) not change the designation of the children as primary beneficiaries; (d) not change the method of payment of the principal sum to the children as irrevocable primary beneficiaries; (e) submit to WIFE within thirty (30) days of the date of execution of this agreement a copy of said policy. 18. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 19. APP .1 .ABILITY nL TAX LAW TO PROPERTY TRAh*cF pe The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specif ically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. ALIMONY• HUSBAND shall pay WIFE as Alimony Pendente Lite before the entry of the Divorce Decree and as Alimony after entry of the Divorce Decree the suns of $250.00 per month until the parties' youngest child, Jacob Hunter Sherman, d.o.b. 1/26/95, reaches age eighteen (18) or graduates high school, whichever shall last occur, effective upon execution of this agreement which sum shall not be modifiable except upon the death of WIFE, WIFE's cohabitation with a member of the opposite sex, or remarriage, in which case said payments shall cease. Payment pursuant to this section shall be made on or before the first day of the month for which payment is due, and shall be deemed late if made after the fifth day of any such month. WIFE shall have the right to seek attachment of HUSBAND'S wages in the event of late payment pursuant hereto. HUSBAND agrees to designate WIFE as irrevocable primary beneficiary of decreasing term life insurance insuring the life of husband with a death benefit, as of the date of execution of this agreement, of $25,000.00. So long as HUSBAND is bound hereunder, he shall: (a) promptly pay all premiums on the policy; (b) not create a lien on, not pledge, or not borrow against said policy; (c) not change the designation of WIFE as primary beneficiary; (d) not change the method of payment of the principal sum to WIFE as irrevocable primary beneficiary; (e) submit to WIFE within thirty (30) days of the date of execution of this agreement a copy of said policy. Should the policy provided for herein not be in force and effect through any reason at the time of HUSBAND'S death, and should WIFE be entitled to receive proceeds, then in such event, WIFE shall be entitled to make a claim against HUSBAND'S estate for the amount of proceeds which she would have been entitled to receive if the policy had been in force. Nothing in this paragraph, however, shall relieve HUSBAND of his obligation to maintain the policy as provided for herein. 21. EFFECT OF DIVORCE DECREE The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time 10 as a final Decree in Divorce may be entered with respect to the parties. 22. BREACH; If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to suc for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT BINDING ON IIF.IRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time. at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID _ .A IS sS: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that tern, 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. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29. FINANCIAL. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Benphin County to make equitable distribution of said asset. The non-disclosing party shall be ?cd :? 12 responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 31. DESCRIPTIVE H .ADIN S: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. J11dC -"/wO'/rcath (SEAL) LINDA S. SHERMAN (SEAL) SHERMAN 13 A10N4- WITNESS LINDA S. SHERMAN Plaintiff VS. DAVID C. SHERMAN Derendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-6296 CIVIL ACTION - LAW AND NOW, this day of _, 2001, it is ordered and decreed that LINDA S. SHERMAN, Plaintiff, and DAVID C. SHERMAN Defendant, are divorced from the bonds of matrimony. The Property Settlement Agreement dated November 9, 2000 is incorporated herein by reference. BY THE COURT, Judge LINDA S. SHERMAN Plaintiff VS. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99-6296 Defendant I CIVIL ACTION - LAW DECREE IN DIVORCE AND NOW, this day of , 2001, it is ordered and decreed that LINDA S. SHERMAN, Plaintiff, and DAVID C. SHERMAN Defendant, are divorced from the bonds of matrimony. The Property Settlement Agreement dated November 9, 2000 is incorporated herein by reference. BY THE COURT, Judge ell ti( • n} l.: s? LINDA S. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 99-6296 DAVID C. SHERMAN Defendant CIVIL ACTION - LAW TO THE PROTHONOTARY Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated the 15th day of November, 2000. 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 Plaintiff: November 14, 2000; by the Defendant: November 9, 2000. (b)(1)Datc of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the Affidavit upon the respondent: 4. Related claims pending: No related claims were raised in this divorce action. LINDA S. SHERMAN V9. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW PA RULE OF CIVIL. PROCEDURE 236 NOTICE is given that a Final Decree in Divorce in the above-captioned matter has been entered against you on the day of , 2001. Prothonotary of Cumberland County IF you have any questions concerning the above case, please contact: Timothy J. Colgan, Esquire Attorney for Filing Party Wiley, Lenox & Colgan, P.C. One South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(x)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE: DOCKET NO. January 9, 2001 99-6296 Civil Terri PLAINTIFF SS NO. NAME DEFENDANT SS NO. NAME 168-52-4471 LINDA S. SHERMAN 202-42-6329 DAVID C. SHERMAN `-- ril • L C ? l : ? ? .r n i ... ?. :i ? ? _ - j - v_ ? ? <? OL rl ? P ? .? ? 7 3 ??? ?< ?? ? LINDA S. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 99-6296 DAVID C. SHERMAN Defendant CIVIL ACTION - LAW ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this day of 1999, upon consideration of the foregoing Stipulation for Custody and on motion of Timothy J. Colgan, Esquire, counsel for Plaintiff, Linda S. Sherman, and Defendant, David C. Sherman, pro se, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated ?I are adopted as an Order of Court as if set forth herein at length. lk29-94 RK3 BY THE COURT, a c ? 'a l LINDA S. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 99-6296 DAVID C. SHERMAN Defendant CIVIL ACTION - LAW ACKNOWLEDGMENT OF PARTIES TO .NTRY OF STIPULATION FOR CUSTODY AS ORDER OF COURT AND NOW, to wit, this Zl *' day of P46cv% W-4- 1999, the parties in the above-referenced action do hereby agree that the attached Stipulation for Custody shall be entered as an Order of Court. A4 Timothy J. Co re lam' Witness QN?'Gi, oow"" 4 LINDA S. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. No. 99-6296 DAVID C. SHERMAN Defendant CIVIL ACTION - LAW THIS AGREEMENT is made this'Hit day of Dt4eu4t,,?- 1999 by and between Linda S. Sherman, (hereinafter referred to as "Mother') and David C. Sherman, (hereinafter referred to as "Father'). WITNESSETH WHEREAS, Mother and Father arc the natural parents of three children, Andrew David Sherman, d.o.b. 10/18/90, Ellen Susanne Sherman, d.o.b. 5/21/93, and Jacob Hunter Sherman, d.o.b. 1/26/95. WHEREAS, the parties now desire to resolve matters concerning the custody of the minor children; NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1. It is in the best interest of the minor child children to allow both parties to share legal custody and confirm physical custody in mother. 2. The parties hereby agree that an Order of Court shall be entered setting forth the following terms: A. Legal Custody Defined. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact their mother and father by telephone at all reasonable times. B. Physical Custody Defined. Majority physical custody of the minor children is confirmed in Mother subject to liberal rights of partial physical custody, as those terms are defined in the Custody Act 1985, October 30, P .L. 264, No 66, Section 1, 23 Pa.C.S.A. 5301 rd =. The parties shall divide their time with the minor children as follows: 1. Weekends: Father shall have physical custody of the minor children every other weekend from Friday after Father completes work until 5:00 p.m. Sunday. Father agrees that the children shall not spend ovemights at his girlfriend's home until and unless she should obtain a residence with three or more bedrooms. Furthermore, Father agrees that the children shall not spend ovcmights at his girlfriend's home during his girlfriend's periods of weekend visitation with her children. P: _ .. 2. Weekdays: Father shall have physical custody of the minor children every Tuesday and Every other Thursday at times as the parties shall mutually agree. 3. Holidays. The parties shall alternate the custody of the minor children for New Year's Day, Memorial Day, Independence Day, Labor Day, and Christmas Eve. Alternating schedule to begin with Father having New Year's Day 2000. (a) Additionally, the parties agree to share Easter, Thanksgiving, and Christmas as follows: (i) Easter shall be divided into two periods: A and B. Period A shall begin on Easter at 8:00 a.m. and conclude Easter at 3:00 p.m. Period B shall begin Easter at 3:00 p.m. and conclude Easter at 8:00 p.m. Father shall have period A in odd numbered years and period B in even numbered years. (ii) Thanksgiving shall be divided into two periods: A and B. Period A shall begin on Thursday at 8:00 a.m. and conclude Thursday at 3:00 p.m. Period B shall begin Thursday at 3:00 p.m. and conclude Thursday at 8:00 p.m. Father shall have period B in odd numbered years and period A in even numbered years. (iii) Christmas shall be divided into two periods: A and B. Period A shall begin on Christmas Day at 8:00 a.m. and conclude Christmas Day at 3:00 p.m. Period B shall begin Christmas Day at 3:00 p.m. and conclude Christmas Day at 8:00 p.m. Father shall have period B in odd numbered years and period A in even numbered years. 4. Mother's Day/Father's Day. Mother shall have the children on Mother's Day and Father shall have the children on Father's Day. This schedule shall be from 9:00 A.M. until 7:30 P.M. and shall supersede all other schedules. 5. Summer: The parties shall determine summer visitation by mutual agreement. C. Transportation. The parties shall mutually agree to a schedule of shared transportation of the minor children for all periods of visitation. D. Positive Relationships. Each of the parties and any third party in the presence of the children and the party shall take all measures deemed advisable to foster a feeling of affection between the children and the other party and neither will do anything which may estrange the children from the other party or impair the children's high regard for the other party. Neither party shall do anything which may estrange the children from the other party or injure the children's opinion the parent or which may hamper the free and natural development of the children's love and respect for the other parent. E. Location. The residences, addresses and telephone numbers where the children may be reached shall at all times, including vacations, be known to both parties and each party shall immediately notify the other by telephone, if possible, or telegram, of any illness or other emergency that may arise while the children arc in her or his custody. 3. The parties hereto acknowledge and agree that this Stipulation For Custody shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, scaled and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness Witness Linda S. crman Da id . S erman ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS On this, the day of [ 1 C/M in , ,1999, before me, the undersigned officer, personally appeared Linda S. Sherman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. S. Dawn GlatlfeAL) NotariKno Dllieb?urp eomMyCommlealorl Up Its NOTARY P BLIC MY COMMISSION EXPIRES: Notarial Seel S. Dawn laefeAer. Notary put I o n rrp Boro, J York Commission n E)#m Mau My Commie " May em r, en aalon?i:tiotanes COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On this, the -D I S' day of Tkoe n,be r , 1999, before me, the undersigned officer, personally appeared David C. Sherman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the saws for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand a d official seal. II (SEAL.) N TARY PU LIC MY OMMISSION EXPIRES: TI!'. 1fpp ,S:?CLIF.N71'?('0(.GA,1'l1'H£.R,IG??"l'IL 1r0TARUIL SEAL 1(P.N01 L LOP?, NOTARY PUpLIC ll'fLOk.V.'.; CNIX?'.nESf!0V.8,200J CNOLA L'.:' 1. GUfdOERIANp COUNTY LINDA S. SHERMAN V'. DAVID C. SHERMAN Plaintiff Defendant IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. F f - ( C? '?fo e L" CIVIL ACTION - LAW ORDER OF COURT AND NOW, `j) IQai q I upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before - all • the conciliator, at , J 3?k on the ba'n day of t 192,'at X , C) ? P.m., fo n Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, by: Custody Conciliator \ The Court of Common Picas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 DAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OF i FILED-0i:m 107agy 99 0CT 26 PH 12:15 CU„ti4Eki:?1iU 0('UV(y PoV\bni?,?NI1 /o ?G • y'? (s' y?. cam i,.z..? tG l,:?tf Ce?,ti,,,. Apd( 49 aG r?' ,tr LINDA S. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. No. e? 9- G.2 q4. C'd T".... DAVID C. SHERMAN Defendant CIVIL ACTION - LAW AND COMES NOW, LINDA S. S14ERMAN, by her attorney, Timothy J. Colgan, Esq., and files the following Petition: 1. Plaintiff, LINDA S. SHERMAN, resides at 317 South high Street, Mechanicsburg, Cumberland County, Pennsylvania 17025. 2. Defendant DAVID C. SIIERMi N'S present address is unknown. however, respondent receives mail at PO Box 83, Summerdale, Pennsylvania 17093.0083. 3. LINDA S. SHERMAN, Plaintiff, and DAVID C. SHERMAN, Defendant, have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married October 4, 1986 at Mechanicsburg, Cumberland County, Pennsylvania. 5. Therc have been no prior actions of divorce or annulment between the parties. 6. Neither party is presently a member of the Armed Forces on active duty. 7. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 9.The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) §3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. (b) §3301(c). The marriage of the parties is irretrievably broken. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. 11. The allegations of Paragraphs one (1) through tcn (10) are incorporated herein by reference and made a part hereof. 12. Plaintiff is the natural mother of three minor children: Andrew David Sherman bom 10/18/90, Ellen Susanne Sherman bom 5/21/93, and Jacob Hunter Sherman bom 1/26/95. 13. Defendant is the natural father of the minor children. 14. The children were not bom out of wedlock. 15. The children arc presently in the care and custody of the Plaintiff. 16. During the past five years, the children have resided with the Plaintiff and Defendant at the above address. 17. There arc no court orders establishing custody or visitation. 18. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 20. The best interest and permanent welfare of the children will be served by granting the relief requested herein. WHEREFORE, Plaintiff requests the Court enter an Order granting primary physical custody and shared legal custody of the minor children to Plaintiff. 21. The allegations of Paragraphs one (1) through twenty (20) are incorporated herein by reference as though set forth in full. 22. Plaintiff and Defendant have individually orjointly acquired property during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to §3502(a) of the Divorce Code. COUNT IV - AI.IMONV 23. Paragraphs one (1) through twenty-two (22) arc incorporated herein by reference as though set forth in full. 24. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 25. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor. 26. Paragraphs one (1) through twenty-five (25) are incorporated herein by reference as though set forth in full. 27. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 28. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Dated: /0 _/ 3 -)f Respectfully submitted, Timothy ].,?Squirc WILEY, LENOX & COLGAN, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717)432.9666 I.D. #77944 VERIFICATION 1, LINDA S. SHERMAN, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ' Date: 10 -1 R- 99 ti?? ? 1? ? LINDA S. SHERMAN Plaintiff C\\ a ?7 ,,Z „ " W ?? ?1J v a u ?<a C o 0 ? . ?I rA 3 fJ(:I 1 :i 199$'.,1 LINDA S. SHERMAN VS. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW I, DAVID C. SHERMAN, Defendant in the of the Complaint as of this, this 15th day of Date: December 14, 2000 matter, have accepted service C. SHERMAN cr r?_ o ? m J c ? l ?i ? ?aR n 3 13?C c nci n LINDA S. SHERMAN Vs. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on October 14, 1999. 2. The manage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify, that the statements made in this affidavit are true and correct. 1 understand that false statements made herein arc subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. // /y/00 a6cC/Q'xbow Nrt,6*1 Dater Linda S. Sherman Plaintiff y c> F. T F d r} u1 } x? t 7 y? .H ? - t ? .. C11 » 1 tt C-D I , 1 LINDA S. SHERMAN VS. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if 1 do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein arc subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. // - A/- DO `t (1 G1AX)9RtaUd,,akc Date LINDA S. SHERMAN Plaintiff , 4 .- 4 If r% C-1 • ?r LINDA S. SHERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-6296 CIVIL TERM DAVID C. SHERMAN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 26, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: November ci"% 2000 DAVID C. SHERMAN 7 FElyY( J a??gg x t w? - cn?a u, r_a Lj lJ U 1 LINDA S. SHERMAN, Plaintiff v. 99-6296 CIVIL TERM DAVID C. SHERMAN, Defendant 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 1 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. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE I verify, that the statements made in this affidavit are true and correct. I understand that false statements herein made arc subject to the penalties of 18 Ea. C.S. Section 4904 relating to unswom falsification to authorities. n Date: November R '2000 SAVID C. SHERMAN Defendant r u , ; i,til LINDA S. SHERMAN Vs. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99.6296 Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE. AND NOW, this 16" day of 2002, upon review and consideration of the annexed Petition for Contempt, and upon the Motion of "I'imothy J. Colgan, Esq., a rule is hereby issued against Respondent to show cause, if any he has, why the relief requested herein should not be granted. Rule Returnable on the 0-k day of k? 2002 at ^m., in Courtroom No., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. J. t i tS ,Y t r try }F ':Yl 02 AN 1 0 Pis 13: 334 Cumb&,LA;eD C:;?Uiw PENNSSYLVM IA 1? LINDA S. SHERMAN vs. DAVID C. SHERMAN IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99.6296 Defendant CIVIL ACTION - LAW AND NOW comes Linda S. Sherman, by and through her attorney, Timothy J. Colgan, Esquire, and f ilcs the instant Petition for Contempt of which the following is a statement: 1. The Petitioner is Linda S. Sherman. 2. The Respondent is David C. Sherman. 3. Petitioner and Respondent were married October 4, 1986 and were divorced on January 18, 2001. 4. As part of the divorce action between the parties, the parties executed a Property Settlement Agreement on November 9, 2000 which was incorporated by reference to the Court's Decree in Divorce dated January 18, 2001. A copy of the agreement is attached as Exhibit A. 5. Pursuant to paragraph 17 of said agreement, Respondent was to provide health insurance for Petitioner at his cost for twelve (12) months from the date of execution of the agreement or until Petitioner obtained health insurance through her employer, whichever first occurred. 6. For most of the one year period that Respondent was obligated to provide coverage to the Petitioner, he led Petitioner to believe that she was still covered under his Teamsters health insurance plan. 7. Petitioner continued to treat with her normal health care providers as she had always done and asked the providers to bill her health insurance currier believing that her insurance coverage was still valid. 8. Petitioner was notified during the late summer of 2001 that her Teamsters health insurance coverage was no longer valid because Respondent had never paid the premiums. 9. As a result of Respondent's failure to maintain the health insurance for Petitioner, she has incurred prescription costs of $84.45, eye doctor and contact lens costs of $105.98, dental bills of $178.00. 10. Furthermore, Petitioner obtained her own insurance to insure that she had coverage. 11. Said coverage from its inception on 8/21/01 to 11/9/01 cost Petitioner $344.80. 12. Petitioner offered to accept her total out of pocket expense of $713.23 as satisfaction of Respondent's obligation under Paragraph 17 of the Property Settlement Agreement. 13. Respondent has refused to accept Petitioner's offer. 14. As a result of Respondent's breach of the Property Settlement Agreement, petitioner has incurred costs and attorney's fees which continue to accrue. 15. Paragraph 22 of the Property Settlement Agreement provides: BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal Ices and costs incurred by the other in enforcing their rights under this Agreement. WHEREFORE, petitioner respectfully requests that your Honorable Court find that the Respondent, David C. Sherman, has violated the Property Settlement Agreement dated November 9, 2000, and Order the Respondent to pay Petitioner's damages in the amount of $713.23 and to award the Petitioner's counsel fees and costs for pursuing this Petition for Contempt. Respectfully submitted, Dated: Af -49 / ? ^ Timothy J. Colgan, Esqub WILEY. LENOX & COLGAN, P.C. I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, LINDA S. SHGRMAN, verify that the statements made in this document arc true and correct to the best of my knowledge, information, and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. §4904, relating to unswor falsification to authorities. Date: /-/o- ox LINDA S. SHGRMAN Petitioner EXHIBIT A PROPERTY qM*rEPMENT AGREEMENT THIS AGREEMENT, made this cky` day of Aloynnabw , 2000, by and between LINDA S. SHERMAN, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as `WIFE") and DAVID C. SHERMAN, of Franklintown, York County, Pennsylvania (hereinafter referred to as "HUSBAND': WITNESSETH: WHEREAS, the parties were married on October 4, 1986 at Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the following children were born during the marriage: Andrew David Sherman, d.o.b. 10/8/90, Ellen Susanne Sherman, d.o.b. 5/21/93, and Jacob Hunter Sherman, d.o.b. 1/26/95; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by one against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarred, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE file a Complaint in Divorce in Cumberland County on October 26, 1999 claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country orjurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVOR D I-- It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. FFFFCTi . DAM The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRI BUTION DAM • The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RFF.L.EASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all 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 or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may herea&:r acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox & Colgan, P.C. for Wife and Mark D. Schwartz, Esquire of Irwin, McKnight & Hughes for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY A TO EXISTING OBLIGATIONS: Each parry represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other parry may be responsible or liable except as may be provided for in this Agreement. Each parry agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other parry for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL. PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT B .NEFITSe HUSBAND has retirement benefits through the Central Pennsylvania Teamsters as a result of his employment with United Parcel Service. HUSBAND agrees to sign a Qualified Domestic Relations Order immediately upon WIFE's request which allows her a fifty percent (501/6) share of the retirement benefits computed as of the date of separation along with the proportionate share of gains and losses thereon until the date of execution of this agreement. 14. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: the Honda Accord shall become the sole and exclusive property of HUSBAND. WIFE shall execute the title necessary to transfer ownership of the vehicle as set forth above. 15. AFTER-ACQUIIR_ED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. CUSTODY: Custody of the children shall be pursuant to the Custody Stipulation signed by the parties on December 21, 1999 and entered as an Order of Court by the Honorable J. Wesley Oler, Jr. on December 29, 1999. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 17. INS IRAN .F: HUSBAND shall maintain health insurance for the children. The parties shall share the uncovered medical expenses in-eA e?aeuflii'R- r9pe?fe Cer?srs?u+b wick `Wtn. curw,x} sr ??ur? Ceur? Ordora Na??'1?ta, a 1? Super}. 717COIriCS' ?? HUSBAND agrees to provide health insurance for WIFE at his cost for 12 months from the date of execution of this agreement or until WIFE obtains health insurance through her employer whichever shall first occur. HUSBAND shall maintain life insurance on his life in the amount of $150,000 for which the children of the parties are named as equal beneficiaries. (a) promptly pay all premiums on the policy; (b) not create a lien on, not pledge, or not borrow against said policy; (c) not change the designation of the children as primary beneficiaries; (d) not change the method of payment of the principal sum to the children as irrevocable primary beneficiaries; (e) submit to WIFE within thirty (30) days of the date of execution of this agreement a copy of said policy. 18. INCOMF TAX: The parties have heretofore filed joint Federal and Stale tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 19. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafler the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. ALIMONY: HUSBAND shall pay WIFE as Alimony Pendente Lite before the entry of the Divorce Decree and as Alimony alter entry of the Divorce Decree the sum of $250.00 per month until the parties' youngest child, Jacob Hunter Sherman, d.o.b. 1/26/95, reaches age eighteen (18) or graduates high school, whichever shall last occur, effective upon. execution of this agreement which sum shall not be modifiable except upon the death of WIFE, WIFE's cohabitation with a member of the opposite sex, or remarriage, in which case said payments shall cease. Payment pursuant to this section shall be made on or before the first day of the month for 9 which payment is due, and shall be deemed late if made after the fifth day of any such month. WIFE shall have the right to seek attachment of HUSBAND'S wages in the event of late payment pursuant hereto. HUSBAND agrees to designate WIFE as irrevocable primary beneficiary of decreasing term life insurance insuring the life of husband with a death benefit, as of the date of execution of this agreement, of $25,000.00. So long as HUSBAND is bound hereunder, tie shall: (a) promptly pay all premiums on the policy; (b) not create a lien on, not pledge, or not borrow against said policy; (c) not change the designation of WIFE as primary beneficiary; (d) not change the method of payment of the principal sum to WIFE as irrevocable primary beneficiary; (e) submit to WIFE within thirty (30) days of the date of execution of this agreement a copy of said policy. Should the policy provided for herein not be in force and effect through any reason at the time of HUSBAND'S death, and should WIFE be entitled to receive proceeds, then in such event, WIFE shall be entitled to make a claim against HUSBAND'S estate for the amount of proceeds which she would have been entitled to receive if the policy had been in force. Nothing in this paragraph, however, shall relieve HUSBAND of his obligation to maintain the policy as provided for herein. 21. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time 10 as a final Decree in Divorce may be entered with respect to the parties. 22. BREACHe If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 23. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID ..A S: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPEND •NT SEPARATE OV NANT • It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted L their pending divorce action and that neither parry has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said asset. The non-disclosing party shall be Cu-" a-V A qwc), MK/' 12 responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 30. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 31. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in detcrmining the rights or obligations of the parties. 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. M WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. _1?cl!t^ftt?l iw?trt (SEAL) LINDA S. SHERMAN (SEAL) 13 W l 11N GJJ LINDA S. SHERMAN VS. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW 1, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same postage prepaid in the United States First Class Mail. Mark D. Schwartz, Esquire Irwin, McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: By: Timothy J. Cob , :squire Supreme Court I.D. 077944 1 South Baltimore Street Dilisburg, PA 17019 (717) 432-9666 JAN 1 5 2002 ?L DEC27t j LINDA S. SHERMAN, PLAINTIFF, vs. DAVID C. SHERMAN, DEFENDANT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99-6296 IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of December, 1999, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for December 23, 1999 is canceled. FOR THE COURT, ?k=uw??-?CLI...?i Dawn S. Sunday, EsquiiO Custody Conciliator LINDA S. SHERMAN ve. DAVID C. SHERMAN IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 MODEL DOMESTIC RELATIONS ORDER II. Identifying Information 1. The Participant Is David C. Sherman. The Participant's social security number is 202-42-6329. The Participant's address is 9 West Main Street, Mechanicsburg, Pennsylvania 17055. 2. The Alternate Payee Is Linda S. Sherman. The Alternate Payee's social security number is 168.52-4471. The Alternate Payee's address is 317 South High Street, Mechanicsbug, Pennsylvania 17056. The Alternate Payee's date of birth is 8129166. 3. The parties were married on October 4, 1986 and divorced on January 18, 2001. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. Method of Dividing Participant's Benefits 1. 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 50%u percent of the Participant's vested account balance as of December 31, 1999. 2. The Fund shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this ?Rt` Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in 1. 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/his benefits in the event the Alternate Payee should die prior to receiving all of herlhis benefits by filing a beneficiary designation form with the Fund 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 Fund 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 (1) 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. III. Other Provisions 1. 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 Fund and shall provide any documentation or Information reasonably necessary to establish their eligibility for benefits. BY T COU Date: I? l?? 20v1 J. V ? J :SS (, Oyi f t Y' ?.. yi q a Xb pxriy z T[sYi tl' t fft???" ?r. > ik :a a q• t ??? E3ufG 4..5 f i;l)?^ x•rc ?? =V4 zknTAlly 01 HQI? 13 Pig 3 63 CUMPUMSYLVMNIA LINDA S. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 99-6296 DAVID C. SHERMAN Defendant CIVIL ACTION - LAW MOTION FOR QUALIFIED DOMESTIC RELATIONS ORDER FOR CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PAN 19 1 AND NOW comes Linda S. Sherman, by and through her attorney, Timothy J. Colgan, Esquire and files the instant Motion for Qualified Domestic Relations Order for the Central Pennsylvania Teamsters Retirement Income Plan of 1987, and in support thereof avers as follows: 1. The parties agreed through a Property Settlement Agreement executed November 9, 2000 and filed with the Court on January 10, 2001 that Linda S. Sherman shall receive 50% of David C. Sherman's retirement income plan with the Central Pennsylvania Teamsters as of December 31, 1999. 2. The Central Pennsylvania Teamsters require an Order containing the following information: A. Identifying Information: The Participant is David C. Sherman. The Participant's social security number is 202-42-6329. The Participant's address is 9 West Main Street, Mechanicsburg, Pennsylvania 17055. B. The Alternate Payee is Linda S. Sherman. The Alternate Payee's social security number is 168-52-4471. The Alternate Payee's address is 317 South High Street, Mechaniesbug, Pennsylvania 17055. The Alternate Payee's date of birth is 8/29/66. C. 'rhe parties were married on October 4, 1986 and divorced on January 18, 2001. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 3. 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 50% percent of the Participant's vested account balance as of December 31, 1999. 4. 'rhe Fund shall separately account for the benefits awarded in Paragraph t of this Section 11 as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in paragraph 3 above. 5. 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 ajoint and survivor annuity). 6. The Alternate Payee may select a beneficiary to receive her/his benefits in the event the Alternate Payee should die prior to receiving all of her/his benefits by filing a beneficiary designation fort with the Fund Office. In the event the Alternate Page should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on '' r a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 7. 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. 8. 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. 9. This proposed Order submitted with this motion 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. 10. It is the intent of the parties that 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. I Lit is recognized that the Alternate Payee may elect to commence receiving benefits .3 A 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 Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. 0 J WHEREFORE, Pctilioner respectfully requests this i lonomble Court Order the payment of 50% percent of the Participant's vested account balance as of December 31, 1999 to Linda S. Sherman in accordance with the terms of the plan as provided by the Central Pennsylvania Teamsters. Dated: //- z-O, Respectfully submitted, I&Az. Timothy I Colgdlr, ggfiiire WILIiY, LENOX, COLGAN be MAR%ZACCO, P.C. I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I,D,1177944 IN THE COURT OF COMMON PLEAS LINDA S. SHERMAN OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 99-6296 DAVID C. SHERMAN Defendant CIVIL ACTION - LAW 1, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Mark D. Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013-3222 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorneys at Law Date: !J'2-o/ By; /4' Timothy J. Col ire Supreme Court I.D. #77944 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ?, . + fir; .. > .F . ,. ;. ?.. , r 1 r _ ; 4? r ? 0. gg 0 3yo? m ? i d LINDA S. SHERMAN vs. DAVID C. SHERMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 99-6296 Defendant CIVIL ACTION - LAW AND NOW, this kk day of 2002, upon the Stipulation and Agreement of the parties dated February 5, 2002, and on motion of Timothy J. Colgan, Esquire, attorney for plaintiff, and Mark D. Schwartz, Esquire, attorney for defendant, the foregoing Stipulation and Agreement are adopted as an Order of Court as if set forth herein at length. (1oP?cs ti-I A L Is 03'0q-02 ? t o ? ?t SA W Group / LINDA S. SHERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW ?9.42 9 t. DAVID C. SHERMAN, : NO. 204t-U4 Defendant STIPULATION AND AGREEMENT AND NOW, this) day of February, 2002, comes DAVID C. SHERMAN, hereinafter referred to as "DEFENDANT" and LINDA S. SHERMAN, hereinafter referred to as "PLAINTIFF", and makes the following Stipulation and Agreement: WHEREAS, the DEFENDANT agreed to pay and/or reimburse PLAINTIFF for health insurance coverage for a period of one (1) year from the date of the signing of the Property Settlement Agreement; and WHEREAS, the PLAINTIFF has incurred medical costs and paid premiums for health insurance coverage during said time period; and WHEREAS, the DEFENDANT has agreed to reimburse PLAINTIFF for sold costs and premiums as noted herein; and WHEREAS, the parties desire to resolve the issue of outstanding medical expenses miscd in Plaintiff's Petition for Contempt currently pending before the Court by way of Stipulation and Agreement: NOW, THEREFORE, intending to be legally bound hereby and for mutual valuable consideration, the panics stipulate and agree: I. That DEFENDANT will reimburse PLAINTIFF for medical expenses and medical insurance premiums previously paid by Plaintiff in the amount of Seven Hundred Fifty and 001100 ($750.00) Dollars; and 2. That DEFENDANT will pay the Seven Hundred Fifty and 00/100 ($750.00) Dollars in three monthly installments of Two Hundred Fifty and 00/100 ($250.00) Dollars each according to the following schedule: February 15, 2002, $250.00; March 15, 2002, $250.00; April 15, 2002, $250.00; and 3. That DEFENDANT agrees, that in the event that any of the installment payments noted above are more than five (5) calendar days delinquent, to pay to PLAINTIFF an additional Two Hundred Fifty and 001100 ($250.00) Dollars in liquidated damages; and 4. That in the event PLAINTIFF is required to take legal action to collect the amount due and/or the liquidated damages mentioned above, DEFENDANT agrees that PLAINTIFF shall receive compensation for reasonable attorneys fees; and 5. That PLAINTIFF agrees to withdraw her Petition for Contempt currently before the Court and cancel the hearing scheduled for Wednesday, February 6, 2002, immediately upon receipt of a copy of this Agreement executed by the DEFENDANT. 6. That this Stipulation and Agreement resolves any and all obligations which DEFENDANT has to PLAINTIFF with regard to payment of medical expenses and/or insurance premiums pursuant to Paragraph 17 of the Property Settlement Agreement signed by the parties. PLAINTIFF WITNESS J :..i? (11 ? l ;i l Ll Lt. 4"1