Loading...
HomeMy WebLinkAbout03-3866VIRGINIA C. NEIDIGH, Plaintiff V. GERALD R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OoTM _ 20~,~ CIVIL ACTION - LAW 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. When the ground for 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VIRGINIA C. NEIDIGH, Plaintiff V. GERALD R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT 1 - DIVORCE AND NOW comes Plaintiff, Virginia C. Neidigh, by her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Virginia C. Neidigh, is an adult who currently resides at 4172 Antelope Court, #114, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Gerald R. Neidigh, is an adult individual who currently resides at 634 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Plaintiff and Defendant were married on November 13, 1971, in Harrisburg, Dauphin County, Pennsylvania. 4. Plaintiff and Defendant separated on or about August 14, 2003. 5. Plaintiffhas been a bona fide resident of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 6. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken. COUNT NUMBER 2 - CLAIM FOR EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 above are herein incorporated by reference. 11. The Plaintiff and Defendant are owners of various items of personal property, furniture and household furnishings acquired during the marriage which are subject to equitable distribution by the Court. 12. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 13. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 14. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 15. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. COUNT 3 -- ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 15 are incorporated by reference herein. 17. By reason of this action, Pla'mtiff will be put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 19. Defendant has adequate earnings to provide for Plaintiff's suppo~ and to pay her counsel fees, costs and expenses. COUNT 4 - ALIMONY 20. Paragraphs 1 through 19 are incorporated by reference herein. 21. 22. employment. 23. Pla'mtiff. Pla'mtiff lacks sufficient property to provide for her reasonable needs. Pla'mtiffis unable to currently sufficiently support herself through appropriate Defendant has sufficient income and assets to provide continuing support for the WHEREFORE, Plaintiff requests the Court to enter an alimony award in favor of Plaintiff. WHEREFORE, Plaintiffrequests the Court to enter a Decree: (a) (b) (c) (d) (e) Dissolving the marriage between Plaintiff and Defendant; Equitably distributing all marital property owned by the parties hereto; Ordering the payment of Alimony Pendente Lite, costs and expenses; Ordering the payment of alimony; and Such further relief as the Court may determine equitable and just. DATE: Respectfully submitted, Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VIRGINIA C. NEIDIGH, Plaintiff V. GERALD R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworu falsification to authorities. VIRGIN~ C. NEIDIGH ~ VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NE1DIGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Virginia C. Neidigh, in the above- referenced matter. DATE: August 6, 2003 Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 COUNTY O_u tuber lo VITAL RBCORDB RECORD OF DIVORCE OR ANNULMENT [~ (CHECK ONE) [] 8. MALDEN NAME (F;r~t) 10. RESIDENCE 12. NUMBER 6. RACE OF THiS WHITE MARRIAGE / ~ (Middle] B~RTH Street or R O Cit~, Soro, Or T~. Coun~ v State 11. P~CE OF BIRTH HUSBAND (Middle) (Last) 2. GATE BIRTH WIFE MARRIAGE ~ ~ 24. SIGNATURE OF TRANSCRIBING CLERK 21. LEGAL GROUNDS FOR DIt~)RCE OR ANNULMENT DATE REPORT SENT (MOnth) TO VITAL RECORDS (year) (Year) VIRGINIA C. NEIDIGH, Plaintiff VS. GERALD R. NEIDIGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3866 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a tree and correct copy of the Complaint for Custody was served on the Defendant by certified mail, restricted delivery, return receipt requested, on August 16, 2003, at the Defendant's last known address of: 634 Bosler Avenue Lemoyne, PA 17043 The return receipt card is attached hereto as t~xmmt .................... -- · ~f~.. Baker, Esquire · Attorney for Plaintiff Sworn to and subscribed before me this 7_c.~ day of~ 2003. · - i~ot~u'y Public NOTARIAL SEAL MEDSSA A. POLING, Notary Publ~ Lower Paxton Twp., Dauphin County ! My Commission Expires ,~pt. 1,2003 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse ao that we can return the card to you. · Attach this card to the back of the mailpiece, o~ on the front if space permits. A. S~gnatum [] Ag~t D. Isdelive~acldressdiffemnt fn3mtiem 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandi# [] Insured Mail [] C.O.D. 4. Reetric~d I~l~v~y? ;Extra Fee) ~ /-.~-~30 00o/ ~8~7_~ ~9~/ PS Form 3811, August 2001 Domestic Return Receipt EXHIBIT "A" MARITAL SETTLEMENT AGREEMENT 4 AGREEMENT, made this _o~ay of D~c-~'~n~'t~2003, by and between VIRGINIA C. NEIDIGH, hereinafter referred to as "Wife", and GERALD R. NEIDIGH, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 13, 1971, and there are no minor children bom of the marriage; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to liw: separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each c~ther, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or 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 considerations, receipt of which is hereby acknowledged by each of the parties; hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if 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 a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full fome and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual[ rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may he available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divome decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 2 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Diane S. Baker, Esquire. Husband has been advised that he has a right to counsel and should obtain counsel but has chosen to waive that right and proceed without counsel. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and vohmlarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 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. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his 3 or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights,, title and interests, 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 or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary, or all other fights 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 other country, or any fights 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, property division, costs or expenses, whether arising as a result of the marital relation 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 provision 4 thereof. It is the intention of Husband and Wife to give to 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 thereofi 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. 9. DATE OF SEPARATION. The parties agree that for the purpose of equitable distribution the date of separation of the parties was August 8, 2003. 10. RETIREMENT ACCOUNTS AND PENSION PLANS. Husband has been employed during the marriage by Hanover Foods and as a result of said employment is a participant in a 401(k) plan valued at approximately $21,01)0, and an ESOP plan valued at approximately $4000, a portion of which are marital property. Husband was previously employed during the marriage by Weis Markets, Inc., and as a result of that employment is the title owner of a profit sharing plan valued at approximately $62,000. Wife has been employed during the marriage by Keystone Health Plan and as a result of said employment is the title owner of a 401(k) plan valued at approximately $3,000, pm~tion of which is marital property. Husband agrees that he shall transfer to Wife the sum of $32,800 from the aforementioned Weis Markets, Inc profit sharing plan. Said amount shall be transfelTed, at Wife's option, to an IRA, a deferred compensation account, or other tax-free account, of her choosing in such a manner so as 5 to preserve the tax deferred status of such funds. In the event that, at the time of transfer of the funds, there are insufficient funds in the account to transfer the aforementioned amounts, Husband shall make a cash payment to Wife in an amount equal to the deficiency. The balance in Husband's Weis Markets, Inc profit sharing plan account remaining after the aforementioned transfer to Wife and the entire contents of Husband's Hanover Foods 401(k) plan and ESSOP plan shall become Husband's sole and separate property. Hnsband waives any rights he may have to Wife's retirement accounts as set forth above. It is. intended by the parties that the provisions for transfer of Husband's retirement account 401(k) to Wife shall be approved by the Court as separate order which shall, upon approval by the respective Plan Administrators, constitute a Qualified Domestic Relations Order ("QDRO") under the I.R.C. Both parties agree to cooperate in good faith and execute all documents necessary to effectuate the transfer upon request, including the QDRO and any documents pursuant to ERISA or the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this Paragraph. Except as specifically provided for in this Agreement, Wife and Husband hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or similar benefits of the other party. 11. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, pets, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. All such property currently in possession of Husband shall become the sole and exclusive property of Husband. 6 All such property currently in possession of Wife shall become the sole and exclusive property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. 13. AUTOMOBILES. The parties are the owners of a 2002 Buick Regal which shall become the sole and separate property of Wife and she shall be solely responsible for the debt on said vehicle with Fulton Bank, account number ending in 5802, and shall indemnify and hold Husband harmless therefrom. The parties are also the owners of a 2002 GMC Envoy which shall become the sole and separate property of Husband and he shall be solely responsible for the debt on said vehicle owed to Charter One Auto Finance, account number ending in 8785 and shall indemnify and hold Wife harmless therefrom. Both parties agree to execute all documents necessary to implement this paragraph upon request. 14. BANK ACCOUNTS. The parties agree that all joint bank accounts have already been closed and divided to the satisfaction of the parties and they have no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 7 15. CURRENT LIABILITIES. During the course of the marriage the parties have accumulated an assortment of unsecured liabilities. Husb~md agrees that pending sale of the marital residence, as set forth in Paragraph 19 of this Agreement, he shall be solely responsible for the minimum monthly payments owed on the following debts: a. Capital One, account number ending in 3608, approximate balance: $14,200; b. Choice, account number ending in 4726, approximate balance: $2,800; c. GM MasterCard, account number ending in 4982, approximate balance: $3,300; and, d. M & T Bank Installment Loan, account number ending in 0001, approximate balance: $15,500. Wife agrees that pending sale of the marital residence, as set forth in Paragraph 19 of this Agreement, she shall be solely responsible for the minimum monthly payments owed on the following debt: a. Capital One MasterCard, account number ending in 3316, approximate balance: $5,500; Upon sale of the marital residence, the parties agree that the proceeds from the sale shall be used to pay off all of the aforementioned debts. In the event that the proceeds are insufficient to pay of the debts in their entirety, the proceeds will be applied proportionately to each individual debt, such that an equal percentage amount is paid towards each outstanding debt. The remaining portions of each debt will be the sole and separate responsibility of the individual party, as set forth above. Except as set forth above and elsewhere in this Agreement, the parties agree that there are no joint debts. All remaining debts accumulated during the marriage or post-separation are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party. 8 16. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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. 17. WARRANTY AS TO FUTURE OBLIGATIONS. Wi£e and Husband each 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 £or and against any and all debts, charges and liabilities incurred by the other after the execution date o£ this Agreement, except as may be otherwise specifically provided £or by the terms of this Agreement. 18. LIFE INSURANCE. Husband is the titie owner of a whole life insurance policy with John Hancock Insurance, account number ending in 1968, with a cash value of approximately $9,350. The parties agree that this policy shall be liquidated as soon as possible and the net proceeds, after payment o£taxes and administratiw: expenses, i£ any, shall be divided equally between the parties. Except as set forth above, any other li£e insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in and both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 9 19. REAL ESTATE - MARITAL RESIDENCE. The parties are the owners of a residence located at 634 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. The parties agree that said property shall be listed for sale through a mutually agreed upon real estate agent no later than November 1, 2003. Both parties shall cooperate fully with the sale process. In the event of a dispute between the parties concerning the listing or sale price, they shall follow the recommendation of the listing agent. Likewise, in the event of a dispute between the parties concerning reduction of the listing price or any other sale related decisions, the parties shall follow the recommendation of the listing agent. Upon sale of the property, after payment of the home equity loan owed to M & T Bank, account number ending in 0003 and all reasonable expenses incident to the sale, the net proceeds shall be applied towards the marital debts as set forth in Paragraph 15 of this Agreement. The remaining proceeds, if any, shall be divided equally between the parties. Pending sale of the property, Hnsband shall reside at the property and shall be solely responsible for all routine expenses relating to the property including but not limited to the home equity loan, taxes, insurance and utilities and shall indemnify and hold Wife harmless therefrom. Husband shall also be responsible for any routine repairs to the residence except that any necessary repairs costing in excess of $1,00000 shall be shared equally by the parties. The tax consequences of the sale, if any, shall be shared equally by the parties. Both parties shall sign all documents necessary to implement this paragraph upon request. 20. PAST DUE TAXES. 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 ~ay loss or liability for any such tax 10 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 retrains. The parties agree that they shall file a joint federal tax return for tax year 2003. In the event that the parties owe taxes they shall share the responsibility equally. Likewise, in the event that the parties receive a refund or rebate it shall be divided equally between the parties upon receipt. 21. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 22. WAIVER OF PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees. Husband shall be responsible for payment of his legal fees. 23. ALIMONY~ ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Effective September 1, 2003, Husband agrees to pay to Wife the sum of Eight hundred seventy dollar ($870) per month for Wife's separate support and maintenance through the month of the sale of the marital residence as set forth in Paragraph 19 of this Agreement. Effective January 1, 2004, the monthly payment to Wife shall increase to the sttm of $1100 per month and shall continue until the cohabitation or remarriage of Wife, the death of either party, or upon Husband attaining age 62 and retiring from full or part-time employment, whichever occurs first. For the 11 purpose of this Agreement, it is the intention of the parties that cohabitation shall be defined in accordance with prevailing law at the time. The parties agree that the entire amount being paid to Wife pursuant to this Paragraph is intended to be included with the income of Wife and shall it be deductible from Husband's gross income pursuant to the xneaning and intent of the United States Internal Revenue Code. The parties acknowledge that the alimony provisions herein have been negotiated to take into account the parties' overall economic circumstances and neither party will seek a modification hereof in any court unless otherwise agreed upon by the parties. The parties agree however that in the event that either of them has a significant decrease in income due to loss or change in employment of no fault of their own they shall consider a modification in alimony however neither party shall be obligated to agree to such a modification of alimony, regardless of the circumstances. The parties agree that to the extent permitted by law Husband shall make all alimony payments through the Cumberland County Office of Domestic Relations. Wife agrees to waive her right to attachment of Husband's wages for collection purposes unless Husband shall have in excess of thirty (30) days arrears. 24. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. 25. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any tran~sfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 12 hereinafter 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 Rew~nue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 26. MUTUAL CONSENT DIVORCE. The parties agree that their marriage is irretrievably broken, that they do not desire additional mafit~fl counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Wife has filed a complaint in divorce captioned at Cumberland County No. 03-3866 Civil term. It is the intention of the parties to finalize the divorce on or about January l, 2004. At such time, both parties agree to execute and immediately deliver to their attorney, such consents, affidavits of consent, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301 (c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 27. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13 28. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereinafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth o:F Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective: heirs, executors, administrators, successors and assigns. 31. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deed:~, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 14 33. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenartts or undertakings other that those expressly set forth herein. The parties further aclcnowledge that any previous agreements between them are incorporated herein. 34. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 35. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one; or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 36. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. '~TNE~S VIR(3'D,IIA C. NEDIGH ~ 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the ,~¢~day of :SS. 2003, before me a Notary Public of the Commonwealth of Permsylvania personally appeared VIRGINIA C. NEIDIGH known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA : :ss. COUNTY OF ~ : NOTARIAL SEAL Judy S. Grdjan, Notary Public Lemoyne Borough, County of Cumberland My Comrnission~..~!r~e~.s.~u~.7, 2004 On this, the ~::,~ ~ day of ~ t. , 2003, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared GERALD R. NEIDIGH known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL sEAL [l 7 Judy S, Grdjan, Notary Public ~ ~ Lemoyne Borough, County of Cumbedam:l~ My Commission Expires Jun. 7, 2004 .] Notary Public VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NEIDIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3866 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT L 8,2003. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. I verify that the statements made in this affidavit are mae and correct. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. § 4904 relating to unswom falsification to authorities. VIRGINIA C. NEIDIGH PLAINTIFF VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3866 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~3301 (e) 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 fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. VIRC_~ C. NEIDIGH J PLAINTIFF VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NEIDIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3866 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 8, 2003. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. DATED:..~a4~ ~/ o9-~o7 GERALD R. NEIDIGH DEFENDANT VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3866 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divome 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. DATED: GERALD R. NEIDIGH DEFENDANT VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3866 : : CIVIL ACTION - [,AW : 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery on August 16, 2003, pursuant to an Affidavit of Service filed August 22, 2003. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on December :29, 2003; by the Defendant on December 29, 2003. 4. Related claims pending: Marital Settlement Agreement dated December 29, 2003 resolved all claims. 5. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: same as this Praecipe. Date Defendant's Waiver of Notice in S~e.~:tio~r~330~-~-)-OiV~e was filed with the Prothonotary: same as this Praecipe. ~-~ ...... ~ j~ Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of VIRGINIA C. NEIDIGHr Plaintiff VERSUS GERALD R. NEIDIGH, Defendant NO. PENNA. 03-3856 CIVIL TERM AND NOW, DECREE IN DIVORCE 2004 , IT IS ORDERED AND DECREED THAT VIRGINIA C. NEIDIGH, AND GERALD R. NEIDIGH, ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RArSED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated December 29, 2003, is incorporated but not merged into this Decree. ATTEST: ~,.~~~ PROTHONOTARY FEB 1 2 2004 VIRGINIA C. NEIDIGH, Plaintiff GERALD R. NEIDIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3866 : : CIVIL ACTION - LAW : IN DIVORCE I. Recitals 1. The parties to this action have entered into a Separation Agreement dated December 29, 2003. The Court incorporated the Separation Agreement into its Decree of Divorce dated January 14, 2004. 2. The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of §414(p) of the Internal Revenue Code of 1986 ("Code"). The Court enters this QDRO pursuant to its authority under the applicable Domestic Relation laws of the Commonwealth of Pennsylvania. 3. This order creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. II. Statements of Fact Pursuant to Code §414(p) 4. This QDRO applies to the Weis Markets, Inc. Profit Sharing Plan ("Plan") and any successor thereto. Gerald R. Neidigh ("Participant") is a participant in the Plan. Virginia C. Neidigh ("Alternate Payee") is the alternate payee for purposes of this QDRO. address are: The Participant's name, social security number, date of birth and mailing Gerald R. Neidigh SSN 210-40-3802 1477 Hillcrest Court Apartment 811 Camp Hill, PA 17011 Date of Birth: December 2, 1949 6. The Alternate Payee's name, social security number, date of birth and mailing address are: Virginia C. Neidigh SSN 175-40-5884 4172 Antelope Court, #114 Mechanicsburg, PA 17050 Date of Birth: August 22, 1948 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is: The sum of $32,800.00. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay another alternate payee. IV. Time and Manner of Payment 11. The Plan shall pay, in lump sum, the amount designated in paragraph 7 of this QDRO. The Plan shall pay this amount as soon as administratively feasible. 12. If the Plan does not permit an immediate distribution of the amount described in paragraph 11 of this Part IV, the Plan shall pay that amount at the Participant's earliest retirement age as defmed by Code §414(p)(4)(B). 13. On and al~er the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Altemate Payee within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as a surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in case of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In case of the Alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to her estate. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(10)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the quahfied status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. The Court retains jurisdiction over this matter as provided by law. GERALD R. NEIDIG~ ~*~-~- Participant/Pro Se mC/l~A C. NEIDIGH .... ~' Alternate Payee Attorney for Virginia C. NeJdigh OF -1 € E: PRoTNONOTAR 2012 APR I I PM 1: 14 CO PEEMN YLVANIANTY VIRGINIA C. NEIDIGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-3866 GERALD R. NEIDIGH, CIVIL ACTION -LAW Defendant DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Virginia C. Neidigh, in the above-referenced matter. DATE: 00/i _L_ J)iaife S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice(- ,aol.com Respectfully submitted, Fd ,C1-?Jy F I l ? TH PROTHONOTAIA i 2012 APR I I PM 1: 15 CUMBERLAND COUNTY PENNSYLVANIA VIRGINIA C. NEIDIGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-3866 GERALD R. NEIDIGH, : CIVIL ACTION - LAW Defendant : DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance Pro Se on behalf of the Plaintiff, Virginia C. Neidigh, in the above-referenced matter. DATE: Respectfully submitted, ? 17 Virgi ' eidigh 206 Miller Road Harrisburg, PA 17109 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VIRGINIA C. NEIDIGH ) Docket Number: Plaintiff ) vs. ) PACSES Case Number: GERALD R. NEIDIGH ) Defendant ) Other State ID Number: Order AND NOW to wit, this APRIL 23, 2012 it is hereby Ordered that. The Cumberland County Domestic Relations Section dismiss their interest, without prejudice, purusant to the parties' April 20, 2012 Addendum to Marital Settlement Agreement and the parties agreeing to suspend the alimony effective May 31, 2011 with a zero balance. BY THE COURT: 03-3866 CIVIL 32&10587 C t- ?A cn !0 ?? 3 -t rrn rFF = C) C)CS CD-r; C) C) V7Q Form OE-520 02/11 Service Type M Worker ID 21205