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HomeMy WebLinkAbout07-2805SUZANNE M. SHEFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 01M CIVIL TERM PAUL E. SHEFFER, 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SUZANNE M. SHEFFER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - a 8bb? CIVIL TERM PAUL E. SHEFFER, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Suzanne M. Sheffer, an adult individual who currently resides at 538 Burgners Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Paul E. Sheffer, an adult individual who currently resides at 8 Clearview Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 20, 1995 in Mount Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT I -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT II - CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have three children of their marriage, Erin B. Sheffer, born July 30, 1995, age 11, Scott P. Sheffer, born June 19, 1998, age 8 and Maggie S. Sheffer, born April 6, 2000, age 7. The children were born in wedlock. The children are presently in the custody of Plaintiff at 538 Burgners Road, Carlisle, Cumberland County, Pennsylvania 17015 and the Defendant at 8 Cleaview Avenue, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the children have resided with the following persons at the following addresses: Persons Residences Dates Suzanne M. Sheffer 538 Burgners Road 2007- Richard E. Kirkpatrick Carlisle, Pennsylvania Present Roberta J. Kirkpatrick . 1 45. Suzanne and Paul Sheffer 8 Clearview Avenue 2003- Carlisle, Pennsylvania Present Suzanne and Paul Sheffer 139 Marbeth Avenue 1997- Carlisle, Pennsylvania 2003 The natural mother of the children is Suzanne M. Sheffer, currently residing at 538 Burgners Road, Carlisle, Cumberland County, Pennsylvania, 17015. She is married to the Defendant. The natural father of the children is Paul E. Sheffer, currently residing at Clearview Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. He is married to the Plaintiff. 13. The relationship of the Plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Names Richard E. Kirkpatrick Relationship Father Roberta J. Kirkpatrick Mother Erin B. Sheffer Daughter Scott P. Sheffer Son Maggie S. Sheffer Daughter 14. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with the following persons: Names Relationship Erin B. Sheffer Daughter Scott P. Sheffer Son Maggie S. Sheffer Daughter 15. 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. 16. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and shared physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: y Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: . 530• % uzanne M. Sheffer 9 a q o a C o Q w J d P f CD SUZANNE M. SHEFFER, Plaintiff V. PAUL E. SHEFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2805 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 1 day of 041t?t , 2007, I, Paul E. Sheffer accept service of the Divorce Complaint in the above-captioned cam. . Sh C? ? C;3 ?' ?? -°n - ? ?? i j?; _ _ ti_?,• _ -?s -"?? ?. _? ti?? ?= ? {-t'7 G.? =? d ?? ?' G '? "'S ?.+LA . SUZANNE M. SHEFFER, Plaintiff V. PAUL E. SHEFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2805 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this Zh'day of n??^S?r- , 2007, BY and BETWEEN Suzanne M. Sheffer, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", A Ik'. D Paul E. Sheffer, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". RECITALS R.1: The Parties hereto are Wife and Husband, having been joined in marriage on January 20, 1995 in Mount Holly Springs, Cumberland County, Pennsylvania; and, R.2: Three children were born of the marriage: and, R.3: Differences have arisen between the parties, in consequence of which the parties intend to separate in the near future; and, RA: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and, Page 1 of 9 R.5: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, R.6: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.7: Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Michael A. Scherer, Esquire and that Husband has chosen to be unrepresented by legal counsel but understands his right to retain legal counsel. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Page 2 of 9 (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties had owned real estate at 8 Clearview Drive, Carlisle, PA 17013, which was the marital residence. The parties sold the marital residence since the filing of the divorce action. The proceeds of the sale were minimal however the parties believe that the proceeds were equitably divided by the parties and neither party shall make a claim against the other for any proceeds from the sale of the marital residence. (4) DEBT: A. MARITAL DEBT: There is no known joint marital debt. To the extend there is debt of either party, the party to whom the debt is titled shall be solely liable for the repayment of said debt. B: POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. Page 3 of 9 (5) MOTOR VEHICLES: The parties are the owners of two motor vehicles. Wife shall become the sole owner of the Volvo S-70 and Husband shall become the sole owner of the Chevrolet Suburban. Both titles to the motor vehicles are joint and both vehicles are financed. To the extent possible, the parties shall assume the motor vehicle loans which finance the vehicle they hereby own and each shall sign the title arranging for the vehicles to be titled consistent with this paragraph. (6) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) UPS RETIREMENT: Husband has earned retirement benefits with his employer, UPS, totaling approximately $76,000.00. The parties hereby agree that Husband shall roll the sum of $30,000.00 from this retirement into a separate retirement account of wife through the use of a Qualified Domestic Relations Order prepared by Wife's counsel. Husband hereby waives his interest in the $30,000.00 which will be withdrawn from his retirement account and placed into an account in Wife's name. Husband hereby authorizes UPS to speak with attorney Michael A. Scherer for purposes of preparation of the Qualified Domestic Relations Order. Page 4 of 9 (8) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (9) DIVISION OF BANK ACCOUNTS: The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. The parties hereto further acknowledge and agree that any bank accounts established individually by the parties shall become the sole and separate property of that party simultaneous with the execution of this Agreement. (10) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. (11) LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. (12) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. Page 5 of 9 (13) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. (15) COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further Page 6 of 9 covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (16) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. Page 7 of 9 (17) SEPARABILITY of PROVISIONS: 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 continue in full force, effect and operation. (18) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (19) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (20) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. Page 8 of 9 (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING on PARTIES and HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: # vik / Mi ae A. Sc rer, Esquire Page 9 of 9 A,% ?N 6&t?' Suzanne M. Sheffer C'3 '"? t?' ?, r?;. ,? ? `-?' t`.a tee: rr? ? ?' - ? T" _ , M Y j ' ? i : ? - ? - : .'. t '?:4 c 4? "°?Yi _ SUZANNE M. SHEFFER, Plaintiff V. PAUL E. SHEFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2805 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE A complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 8, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Suzanne M. She C'? rv r £_? HIM CT I "rte SUZANNE M. SHEFFER, Plaintiff V. PAUL E. SHEFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2805 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE A complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 8, 2007. 2. Defendant acknowledges receipt and accepted service of the Complaint on May 14, 2007. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. 1 consent to the entry of a final decree of divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ft/2-1107 Paul E. Sheffer R f4 w ) `q 7 SUZANNE M. SHEFFER, Plaintiff V. PAUL E. SHEFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 2805 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on May 14, 2007. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on November 24, 2007; and Defendant on November 24, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER O??- ? 4 4nz Michael A. Scherer, squire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ,'?5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SUZANNE M. SHEFFER, Plaintiff No. 2007-2805 Civil VERSUS PAUL E. SHEFFER, Defendant DECREE IN DIVORCE AND NOW, )t. c.tyoMtj'`r 1 , IT IS ORDERED AND DECREED THAT SU7.ANNE M. SHFFFFR , PLAINTIFF, AND PAUL E. SHEFFER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties Marital Settlement Agreement dated November 24, 2007 is incorporated but not merged herein as a final Order of Court. BY THE COURT: - ?* I U?? ATTEST: J . PROTHONOTARY CrcL -k Atkr ?-4c) bePf- 4 . 7-1 SUZANNE M. SHEFFER, Plaintiff V. PAUL E. SHEFFER, Defendant DEC 16 2008 &t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 280 CIVIL TERM CIVIL ACTION- W IN DIVORCE UPS SAVINGS PLAN AN UPS QUALIFIED STOCK OWNER HIP PLAN NOW, THEREFORE, IT IS HEREBY ORDERED JNND ADJUDGED AS FOLLOWS: 1. This Order is directed to the UPS Savings Ian (the "Savings Plan"), and the UPS Qualified Stock Ownership Plan (the "QSOP"), 2. The name and last known mailing address of the Respondent, Paul E. Sheffer, a Participant in the Plan ("Participant"), is as fo ows: Name: Paul E. Sheffer Address: 1093 Nanroc Drive, Mechanicsb rg, Pennsylvania 17055 S.S. # 188-62-6965 Date of Birth: January 4, 1972 3. The name and last known mailing adds covered by this Order are as follows: Name: Suzanne M. Sheffer Address: 538 Burgners Road, Carlisle, S.S. # 167-68-3573 of each alternate payee nia 17015 i Relationship to Participant: Ex-Spouse Date of Birth: February 12, 1973 go : i ,?j L 1 0 -20 OOOZ J 4. The parties were married on January 20, 1 December 4, 2007. 5. The alternate payee/spouse shall be is equal to thirty thousand ($30,000.00) dollars of the P account balances in the Savings Plan and QSOP, dete separate account is established for the alternate payee separated from service on that date. To the extent the and were divorced on to receive an amount which pant's aggregate vested as of the date on which a pouse, as if the Participant are not assets sufficient in the Participant's accounts to satisfy the award on the date separate account is established for the Alternate Payee, then the Order shal l be interpreted as an award of 100% of the Participant's account balance under the PI ns as of that date. This award shall be satisfied by transferring a proportionate amoun from each Plan, based upon the account balances in each Plan, as of the date on w ich the separate account is established for the alternate payee/spouse. The amounts awarded to the alternate payee/spouse shall be credited or debited with investor nt gains and losses from the date on which a separate account is established for the alternate payee/spouse under the Plans through the date said amounts are distribute to the alternate payee/spouse. Investment gains and losses shall be calculated in acc rdance with the terms of the Plans. 6. Notwithstanding the terms of paragraphs 0 herein, if the Participant has an outstanding loan against his account under the Savi gs Plan, then, to the extent there are not assets in the Participant's accounts unde the Plans sufficient to satisfy the alternate payee/spouse's awarded amount on the elects to receive the awarded amount, the Plans are the alternate payee/spouse red to interpret the alternate payee/spouse's award as an award of 100% of the Participant's available account balances under both Plans. 7. The parties acknowledge that amounts spouse under the Savings Plan will be taken from the Plan in the following order. Amounts will be taken first, investments funds known as the "Core Funds." To the insufficient to satisfy the amount awarded to the altern Savings Plan, and the Participant maintains a Self Ma the Savings Plan, the remainder of the alternate paye( from the Participant's SMA. The Participant acknowle Plan will liquidate the individual investments held in sa the extent necessary to satisfy the award to the altern, two weeks of the date that the Order is determined by domestic relations order, the Participant transfers a Funds which will be sufficient to satisfy the amount payee/spouse. to the alternate/payee icipants accounts under the a pro rata basis, from those nt the Core Funds are payee/spouse under the Account (an "SMA") under pouse's award will be taken and understands that the SMA, on a pro rata basis, to payee/spouse, unless within Plan to be a qualified t from the SMA to the Core to the alternate 8. Contributions to the Participant's account under the Plans after the date referred to in paragraph 5 of this Order shall belong to t e Participant alone and shall not be subject to division or distribution pursuant to this Order. 9. The amounts awarded hereunder shall b paid to the alternate payee/spouse in any form of benefit available under th Plans, as soon as practicable following the date of this Order is determined by the Pl4n to a qualified domestic relations order (within the meaning of Section 206(d) of ERISA). 10. If the alternate payee/spouse should die p awarded amounts, said amounts shall be paid, in equal contingent alternate payees, all of whom reside at 538 1 Pennsylvania 17015: Erin B. Sheffer, Date of Birth: Junel 30, 1995, S.S. # 174-76-7052; Scott P. Sheffer, Date of Birth: June 19, 1998, S.S. # 11-78-4716; Maggie S. Sheffer, Date of Birth: April 6, 2000, S.S. # 205-78-3617, as are live on the date of distribution. All three contingent alternate payees listed in this parag aph are natural children of the Participant. 11. It is intended that this Order will qualify as qualified domestic relations order under Section 206(d)(3) of ERISA, and shall be a4ministered and interpreted in conformity with such Act. This Order does not require t form of or any option not otherwise provided to the Part Order further does not require the Plan to provide incre the basis of actuarial value) and does not require the p, alternate payee which are required to be paid to anothE order previously determined by the Plan to be a QDRO The parties are in agreement to the terms of this of this rder. ?Irti Su anne M. Sheffer y to the distribution of her to the following Road, Carlisle, Plan to provide any type or under the Plans. This benefits (determined on nt of benefits to an alternate payee under another er and BY THE COURT, -L W \ 'v` M.L. Ebert, Jr. J. the entry 11? V6` 09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. AND NOW, this I day All-) , 2008, officer, personally appeared Suzanne M. Sheffer, known before me, the undersigned to me (or satisfactorily proven) to be the person whose name is subscribed to the within) instrument, and acknowledged that she executed same for the purposes therein contair1ed. IN WITNESS WHEREOF, I hereunto set my han? and official seal. Comm NWEAL OF PENNSYLVANA Notarial Seal Kamekl S. Comm ?Cumbedand Courdy ,aA M y Cowiss& June 2B. 2D10 am I Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. AND NOW, this I Opday of I'll , 20C officer, personally appeared Paul E. Sheffer, known to be the person whose name is subscribed to the within that he executed same for the purposes therein IN WITNESS WHEREOF, I hereunto set my U " V ry Public , before me, the undersigned (or satisfactorily proven) to nt, and acknowledged and official seal. Notarial seal '? & i Kamela S. Comman, Notary Public South Middleton Twp., Cumbedand Myco ion Expires June 28,2010 Notary Public INember, Pennsylvania Association of Notarlea