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HomeMy WebLinkAbout07-4056JASON WEIMER, Plaintiff vs. LARA WEIMER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~` `' - y0 sCo CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY TO DEFEND AND CLAIM RIGHTS You have been following pages, you m may proceed without yo court. A judgment may papers by the Plaintiff. custody or visitation of ~ xed in court. If you wish to defend against the claims set forth in the ~t e prompt action. You are warned that if you fail to do so, the case an a decree of divorce, or annulment may be entered against you by the 1so e entered against you for any other claim or relief requested in these ou ay lose money or property or other rights important to you, including When the groan for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriag co seling. A list of marriage counselors is available in the Office of the Prothonotary at the C b rland County Courthouse, Carlisle, Pennsylvania. IF YOU DON T ILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR XP NSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE G T TO CLAIM ANY OF THEM. YOU SHOULD TAKE TH S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER R ANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH E OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. RLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 JASON WEIMER, Plaintiff vs. LARA WEIMER, The Plaintiff, -J Lauer, Jr., L.L.C., makes tl COUNTI 1. Plaintiff, Court, Mechanicsburg, C 2. Defendan Lexington Avenue, Mec] 3. The parti~ at least six months imme 4. The parti 5. There ha~ 6. The marr 7. Plaintiff have the right to request 8. This actin WHEREFORE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~ 7- ',~v5'C. CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY OMPLAINT IN DIVORCE eimer, by and through his attorneys, The Law Offices of Patrick F. ollowing Complaint in Divorce: O-FAULT DIVORCE - §§ 3301(c) or 3301(d) .o Weimer, is an adult individual who currently resides at 703 Colonial a rland County, Pennsylvania 17050. L a Weimer, is an adult individual who currently resides at 519 uc burg, Cumberland County, Pennsylvania 17055. ha e been bona fide residents of the Commonwealth of Pennsylvania for ate y prior to the filing of this Complaint. w e married on October 12, 1996, in Indiana County, Pennsylvania. be n no prior actions of divorce or for annulment between the parties. ;e i irretrievably broken. s een advised that counseling is available and that the Plaintiff may it t e court require the parties to participate in counseling. is of collusive. requests this Honorable Court enter a Decree of Divorce in this matter. CO 9. Paragrapl 10. There is August 27, 1999 (age 7). 11. The Plair 12. The mini Lexington Avenue, Mec 13. During tl following persons: Dates: Birth - 04!21/2007 5 14. The Avenue, Mechanicsbi from the Plaintiff. 15. The F Mechanicsburg, Cuml Defendant. 16. The re resides alone. 17. The re resides with the child, ' II - CUSTODY/VISITATION - § 5303 e (1) through eight (8) are incorporated herein by reference. dependent child to this marriage as follows: Megan Weimer, born child was not born out of wedlock. eeks shared physical custody of the child, Megan Weimer. ild is presently in the custody of the Defendant, who resides at 519 .burg, Cumberland County, Pennsylvania 17050. st five years,. the child has resided at the following address with the .es: List All Persons: ngton Avenue Mother, Lara Weimer ;sburg, PA 17050 .Father, Jason Weimer (until Apri12007) the child is the Defendant, currently residing at 519 Lexington erland County, Pennsylvania 17050. She is married, but separated the child is the Plaintiff, currently residing at 703 Colonial Court, ~ounty, Pennsylvania 17050. He is married, but separated from the of Plaintiff to the child is that of natural father. He currently of Defendant to the child is that of natural mother. She currently eimer. 18. The Plai tiff has not participated as a party or witness, or in another capacity, in other litigation concerni g th custody of the child in this or another court. 19. The Plai tiff has no information of a custody proceeding concerning the child pending in a court of thi Co onwealth. 20. The Plai tiff does not know of a person not a parry to the proceedings who has physical custody of the c 'ld r claims to have custody or visitation rights with respect to the child. 21. The best to st and permanent welfare of the child will be served by granting the relief requested, because: a. P 'nf can provide the child with adequate moral, emotional, and physical surroundings as r qui ed to meet the child's needs; b. Pl inti is willing to continue shared custody of the child. c. Pl inti continues to share parental duties and enjoys the love and affection of the child. 22. Each par nt hose parental rights to the child have not been terminated and the ~ person who has physical cus ody of the child has been named as parties to this action. No other persons are known to ha e o claim a right to custody or visitation, and therefore no notice will be given of the pendency of his ction and the right to intervene, save as to the Defendant. WHEREFORE, he Plaintiff respectfully requests this Honorable Court approve any settlement reached betwe n e parties; or, in the event they are unable to reach a settlement, grant the Plaintiff s rights of ph sic custody and/or visitation--1 ,'Marlin L. Mar squirm/ Law O o atrick F. Lauer, Jr., L.L.C. 210 Marke treet, Aztec Building Camp Hill, ennsylvania 17011-4706 Date: ~ ~ Ld ~ ID# 84745 Tel. (717) 763-1800 JASON WEIMER, Plaintiff vs. LARA WEIMER, I verify that the false statements herein falsification to authoriti Date: ~l~? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CNIL ACTION - AT LAW - IN DIVORCE/ CUSTODY VF;RiFTC'ATinN ;s made in this Complaint are true and correct. I understand that subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn ~"~? ~' c~ ~ ~ ,- ~ c.w ~~_ - '7' n ~, ~ ~ ~ ~. t3 w) G ~} c.31 ~ ~. g ~~ r ~ __ _E'~ c,n ~, ~c W 'a ~ ~ ~ ~ 1~- ~ , F ~ ~ ~ ~ -C C ti fi ~~ ~1 JASON WEIMER, Plaintiff vs. LARA WEIMER, AND NOW, this Stipulation of the partie. written consent of the pay AND upon direc order to incorporate their IT IS ORDEREI full and approved as a 1915.7. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 07- X05 ~ CIVIL ACTION- AT LAW-1N DIVORCE CONSENT ORDER day of 2007, upon consideration of the attached e above-captioned matter, consisting of four pages and bearing the 'fin of this court that the parties need not be present before the court in ulation into a consent order, t said Stipulation is incorporated herein by reference as if set forth in gent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule BY THE COURT: Distribution: -Marlin Markley, Esq., 2 -Cara Weimer, 519 Lexu [arket Street, Camp Hill, PA 17011 Avenue, Mechanicsburg, PA 17055 JA50N WEIMER, Plaintiff vs. LARA WEIMER, Defend t ~i ~,I I WHEREAS the sl I child, Megan Weimer, b ~ . WHEREAS, the and visitation of the child ~ WHEREAS, it is t child and both parties re i~lc ~, and all parties involved ~t County, thus giving this ~t THEREFORE, covenants, promises, and a~ parties agree as follows: ~~ 1. The partie ~ The parties agree that m. to, the child's health, we jointly, after discussion :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D7- ~{DS~ CIVIL ACTION- AT LAW- IN DIVORCE STIPULATION of this stipulation for custody is the Plaintiff s and Defendant's, ist 27, 1999; and wish to enter into an agreement relative to custody, partial custody, best interest of the child that this Court decide the matter because the ~ Cumberland County, Pennsylvania, it is the desire of both parents child continue to live with her Mother and Father in Cumberland jurisdiction; day of ~~ n ~ 2007, in consideration of the mutual its as hereinafter set forth, and intending to be legally bound, the share joint legal custody of Megan Weimer, bom August 27, 1999. ;,isions concerning their child, including, but not necessarily limited ;ducation, religious training and upbringing shall be made by them ;onsultation with each other, with a view toward obtaining and following a harmonious p party's rights to shared le affections of the child circumstance concerning Day to day decisions regard to any emergency child at the time of the e~ thereby. However, that as soon as possible. dentist, teacher, pro: parent. 2. Mother, 3. Father, a) al ~ b) e ~ c) C d} f u e) e fl g) e i.e., December 31, 2 007, h) in the child's best interest. Each party agrees not to impair the other -ustody of the child. Each party agrees not to attempt to alienate the ie other party. Each party shall notify the other of any activity or I child that could reasonably be expected to be of concern to the other. the responsibility of the parent then having physical custody. With dons, which must be made, the parent having physical custody of the ;ncy shall be permitted to make any immediate decisions necessitated shall inform the other of the emergency and consult with him or her shall be entitled to complete and full information from any doctor, authority and to have copies of any reports given to either party as a eimer, shall have primary physical custody of the Child. eimer, shall have physical custody of the minor child on: ng weeks from Thursday through Sunday; nas day and the following three nights; ghts over Labor day weekend; y before Thanksgiving through day after (two nights); tights over Easter weekend; other New Years eve (Father to have custody on odd number years, has custody); consecutive weeks during the summer, plus four (4) other non- consecutive full weeks. 4. Each they do not have overnig week custody period duri 5. If father r the custody schedule sha] 6. The parer visit with the child for at 7. The holid 8. It is the rf up at the residence of th~ minutes or more late for know in advance. 9. Each parE is in the custody of the o 10. Neither I change in the visitation s minimum notice of sixt• afford the parents an op listed for a Court hearing 11. Both pare in the presence of the ch comments in the presence 12. This stinu be provided with two (2) three (3) hour visits during the weeks that ~dy. This paragraph does not apply to father's two (2) consecutive e summer. istody two weekends in a row his next weekend shall be forfeited and une the following weekend. ~t does not have custody on the child's birthday shall be allowed to three (3) hours on the child's birthday. hedule shall take precedence over the regular custody schedule. isibility of the-party that is to begin physical custody to pick the child er party. If the party picking up the child is going to be fifteen (15) scheduled pick up time they are to contact the other party to let them be entitled to reasonable telephone contact with child when she ~ shall permanently relocate if the relocation would necessitate a e or if the relocation would exceed a fifty (50) mile radius without a days to the other parent. The sixty (60) day notice is designed to ity to renegotiate the custodial arrangement or to have the matter is hall refrain from making derogatory comments about the other parent d d to the extent possible shall prevent third parties from making such ~ of he child. '' may only be altered by the mutual consent of Mother and Father. 13. It is the and desire of each of the undersigned parties that this Stipulation be confirmed as an ord~r of~ court, without requiring their presence before the court, pursuant to Rule 1915.7. Weimer ara Weimer t+7 c'^7 ....3 1~r l~' .._.._ ~ ~ x ,~ ~, ~C .' ~F i .~ ,, . ~~` ~ `-`^~.. ~: ~Y t r,~t 0 6 2007,0~~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- x{45 CIVIL ACTION- AT LAW- IN DIVORCE /~~ CONSENT ORDER AND NOW, this G day of ~J, 2007, upon consideration of the attached Stipulation of the parties in the above-captioned matter, consisting of four pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COURT: ~C Distribution: -Marlin Markley, Esq., 2108 Market Street, Camp Hill, PA 17011 ,C,~~ -Cara Weimer, 519 Lexington Avenue, Mechanicsburg, PA 17055 /- ~~~4~~~ J ~ f ~;~ ti 'ri ~ '. ~~ ry r~i~'~ ~ ~ ~r'i~l~ 8S ~~ tdd 9- 7~~t' LQOZ ~~.y~-~1 r > ~''"rs (Jii i.l. ill JASON WEIMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007 - 4056 LARA WEIMER, CNIL ACTION - AT LAW - IN DIVORCE/ Defendant :CUSTODY I, Lara Weimer; Def~nda~7t iii the move=eap~ien~: mater, .accept... service of the COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). 4 . ~i`iC~.-- , ~:.' Lara Weimer Date: ~ ~ C` ----~ ..-~ „_ ~~ ~ -n ~ ~.°~ ~z~ r=- yti1 _ - ..rte ~ " ~ i f `_ ^~"S ~~ tl3:: ~F'S ..~ »..~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4056 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY DEFENDANT' S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 5, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: / ~ ~ 7 ~ Signatur LARA WEIMER ,.._ .. -~, t ~~ .. ` y r~ ~ Cs ~~ ~ ~°-- ~rt ~-t ; -i ~~ Y--- ~ ~'_ ~ 1.L3 --C ~~~~~~~ ~- - ~~~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4056 CNIL ACTION - AT LAW - IN DIVORCE/ CUSTODY DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: /~ ~ Signature: LARA WEIMER C: ~~ . ~~ ~t~ {i. ... ~ ~,; _ ~ ~ ~~ ~ ~ ~pp~~ 4.~ ~ ~~~ ~•;r~; ~'v ~~ ~ ~_1. w~~ ~~ .~ ~M~1~~~p~~li~m ~i ~~~~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :.No. 07-4056 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 5, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. I ~, t D ~ Date: ° Signature: -" JASON WEIMER r~"9 rt ~ ~"'} -~ ,., ~ _ -s i ~ ^mi ~ _ ~, -. _.... ~~7 _ ~._ r, ...._' ... ~.. _I ~.>~3 ..'~..: ~,. JASON WEIMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 07-4056 LARA WEIMER, :CIVIL ACTION - AT LAW - IN DIVORCE! Defendant :CUSTODY PLAINTIFF' S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, ~ lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand ~ that false statements herein are made subject to -the penalties of 18 Pa. C.S. § 4904 relating to' unsworn falsification to authorities. Date: ~® Signature: l~~ JASON WEIMER r-.a r,.~. -17 - ,:::~s ~. ~f~_ ~ ~ `. r~k. _.V ... ~,..~ ='+ ~~.~ ~~ ^j 01- y.o6(c Marital Separation Agreement This document contains the agreed upon terms of Jason and Lara Weimers' separation and divorce. The document includes: • The distribution of marital assets and liabilities including a detailed list of who will own various household items. Household items nat listed will become the property of Lara upon. divorce with the exception of Jason's pers©nal documents/records and household items owned b_y Jason prior to the marriage. • Additional terms relating to life insurance, retirement assignment, alimony and tax benefits. • ,A statement that defines the shared custody rights of each parent. • A child support agreement that can be adjusted according to Pennsylvania state guidelines. This support will also include sharing actual medical, dental., and child day care costs using the percentages calculated for basic child supportrt. Signature Page 1 of 6 Date Printed: 4/21107 ~11 Date ~~/.!~~ Date Z~ ~` File Name; :Distribution of Merits! Assets and Liabilities Jason Weimer's Assets and Liabilities Desc Assets Jake-Retirement $111,588.59 Jake-Dfrd Comp $1,552.39 N $1,000.00 Misc Household $5,000.00 Assets $119,140.98 Lars Weimer's Assets and Liabilites Desc Assets House $137,000.00 Lars-Retirement $16,178.51 Lars-State Retirement $2,133.00 Buick $9,100.00 Washer Dryer $500.00 Frig $500.00 TV $1,000.00 Remaining Household $10,000.00 Sectional $1,500.00 Assets $177,911.51 Signature Page 2 of ~ Date Printed: 4/21/U7 Desc Liabilities Student Loan $10,500.00 Granri Prix Lease $3,508.00 Credit Carci $2,500.00 Liabilities $16,508.00 Desc Liabilities Mortgage $109,600,00 $tudenf Loan $10,500.00 credit Cara $2,500.00 Liabilities $122;600.00 Assign Retirement $23,660.73 Lars Net Worth $78,972.25 Jason Net Worth $78,972.25 r~ J Date ~ : ~/~ _ _ Date~~~ File Name:, ~ Additional Terms: • The retirement amount assigned to Lara will be the fixed amount listed ($23,660.73) and will. be payable upon my retirement. • Lara will have the tax benefits related to claiming Megan as a dependent. • There will be no alimony payable to either spou;~e. • Tason will keep Reasure America Life insurance'policy z0864~ through the remainder of the oriDinal 20 year term which wilt end appromately when Jason reaches age X18. This policy provides $1 OO,U00 term life insurance and Lara will remain beneficiary. • Retirement amounts are based on the most recut statements received as of the date of this agreement. (All. were 12/31/2006 except the Lara-Retirement which is based on l 0131 /2006.) • Liabilities are estimated based on the refinancing of the mortgage to occur on 4f26/2007. • Other estimated amounts are mutually agreed u}~on. `~ =~ Signature .! ! l'' ~' .-~~-_--_ -_ Date _ ~~1 -- Signat re ~ ~ ~ I?ate~2~ ~ r Page 3 of ~ Date Printed: 4/21./07 File Namur Household Items The following is a list of items that will become Jason Vl~eimer's property. Household items not listed will become the property of Lara upon divorce with the exception of Jason's personal documents/records and household items owned by Jason prior to the marriage. Jason Other Items to be Shared dresser tools small computer desk and chair dishes weight set and bench towels recumbent bike Megan's Stuff king bed and king bedding Video's and Photo's playstation I! and games laundry basket hdty video/photos pullout couch rd's dark rocking chair movies coffee gander pots/pans coffee pat silverware old stereo blankets black tv stand books song video camera green recliner stackable end tables coffee table Panasonic dvd upstairs vcr ', china kitchen alarm clock metal filing cabinet one crock pot downstairs phone Megan characature cd rack small bookcase golf clubs toaster oven old lamps {tree lamp stand) blow up bed mountain bike fishing stuff crib tool filing cabinet big remote holder • F ,~t~ a. ~e~~-~-- old computer and scanner 1.~ C Signature ~~'' ~i~'~ ~-2.--~_--Date ~~~1 ~ Signature Date ,/ Page 4 of6 Date Printed: 4/21/07 File Name`. Custody Agreement l,ara and Jason Weimer will share custody of Megan based on the following: Zara: • Custody where not otherwise listed • Fourth of:fuly • Christmas Eve Jason: • Every other week for three nights (Thursday through Sunday) • Two weeks each month of the summer • Christmas Day and the following three nights • Labor day weekend for four nights • Thanksgi~ring day before through day after (two nights) • Faster weekend for three nights Applies to both Lara and Jason: • New Years Eve Every Other Year ', • Two three hour visits on weeks where you do nbt have overnight stays with exception of two weeks each year to allow for vacations. • When due to holiday or summer vacation Jason has custody two weekends in a row, the next. weekend will be skipped and the schedule will resume the following weekend. • Birthdays as they fall into the above schedule with the right to visit for three hours for the parent who does not have custody on that day. The schedule above results in approximately 70% custody to Lara and 30;~o custody to Jason. /T ht Signature~~~~~f/'~~'~~-= ~~ Signatul a ~~~ e' ~ Page 5 of 6 Date Printed: 4/21107 Child Support Agreement Child support will include a basic amount that is based on Pennsylvania state guidelines and an additional amount that is based on shared cost of actual'', un-reimbursed medical, dental, and child care expenses. As of the date of this agreement, the following represents the agreed upon support amounts: Basic Support Amount Jason Weimer', Lara Weimer Gross Income $63,024.00 ', $40,599.00 Est Federal, State, and Local Taxes $17,534.00', $5,976.00 Non-voluntary Retirement $3,939.00 'i $2,537A0 Net Income $41,551.00 i $32,086.00 Percent 56.43%'; 43.57% Basic Monthly Support $612.23' $472.77 Additional Amount Due to Actual Expenses Annual Day Care Monthly * Percent Above 56.43°~ $173.98 Total Monthly Support Payment $786.21 or Bi-Weekly Payment $362.87 ~, ~ -~ ~- ~~ Si nature ~' GL=-~- ~-----"Date r~ g Signature ; ~ _ Date/ ,;. Page 6~f 6 Date Printed: 4/21107 File Name: 43.57% $134.35 Totals $0.00 $73,637.00 $1,085.00 $3, 700.00 $308.33 ~.. ~., r- _ ~ X' ° ~-~ . T. :. f__.. - - ~.. r # .~ ' ~ .~ ~.~ --, JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-4056 CIVIL ACTION - AT LAW - IN DIVORCE/ CUSTODY 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) ~=~?~£H~j("~j of the Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Defendant personally accepted service on July 7, 2007. Acceptance of Service was filed with the court on July 11,2007 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 _Tnl~ R, 2~~R ; by the Defendant necemher 2,~ 2OQ7 . (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiff s affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: PIPasP incnrnnrate, without mPrui~, the attached Marital ~~atinn Agreement of the nartiPC into the 1~ivnrcP 1~ecree_ 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: filed cimultanernisly w/PraPCine ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: _Tamia , AMR Respect sub fitted, ~' J Marlirr'L.. M ey, Esquire Law Offic of Patrick F. Lauer, Jr., LLC 2108 Mar Street, Aztec Building ~ L rJO~ Camp Hill, Pennsylvania 1 70 1 1-4706 Date: ID# 84745 Tel. (717) 763-1800 ' _='~ ( j C: cam] "i7 _ ~:~ _ _ ,~ . .. i... F -.i "E j~' ~" C,..~s y ~.~ 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JASON WEIMER, Plaintiff VERSUS LARA WEIMER Defendant N O. 2007 - 4056 DECREE IN DIVORCE AND NOW, ~ LJ_ Q~ S~ ~~ ZOO, IT IS ORDERED AND DECREED THAT AND Jason Weimer Lara Weimer ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: rKV 11"IVIVV IHKT BY THE COURT: ., JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4056 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS" AND NOW, this day of ,.SLr .Je,,~ 1.¢ ~. , 200, the parties, Jason Weimer, Plaintiff, and Lara, Defendant, having been divorced by Decree dated August 12, 2008, of the Court of Common Pleas of Cumberland County, entered at Docket Number 07-4056, do hereby stipulate and agree as follows: 1. The Plaintiff, Jason Weimer, (herinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is May 19, 1971, and the Member's Social Security number is 178-66-5241. 4. The Defendant, Lara Weimer, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is August 11, 1969 and Alternate Payee's Social Security number is 196-64-8730. 5. Member's last known mailing address is 703 Colonial Court, Mechanicsburg, Pennsylvania 17050. 6. Alternate Payee's current mailing address is 519 Lexington Avenue, Mechanicsburg, Pennsylvania 17055. It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of Member's retirement benefits is $23,660.73. ._ $. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SER5 or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital properly component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as scan. as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and other alternate payees named .under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this <.. i. ~ :< ;• :, ..t. .~. .. .. _ _ .. Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from .SERS under a Domestic Relations Order incorporating this Stipulation and -Agreement, any death benefit ar retirraner~ - beef t payable . to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the ,, Court to so amend will not invalidate the parties existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. VC~EREFCIRE; the p;~rties, : inteil~iixcg to be. Ieg€~lly bond by they tern~a~ .of this: Stipulation and Agreement, do hereunto place their hands and seals. J n Weimer, Plaintiff/Member ~~ ara Weimer, Defendant/Alternate Payee Marlin L. M kley, Esq. 2108 Mark Street, Camp Hill, PA 17011 ID# 84745 Tel. (717)763-1800 -~ .,..:~. t..:~ r' ~~~ ~ ~ ~t ~ ~~ ~'~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4056 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE ORDER AND NOW, this ~~~~ day of S ~,~ ~ • , 2008, the attached Stipulation and Agreement dated September 10, 2008 of the parties in the case is incorporated, but not merged, into this Order of Court. Distribution- M. L. Ebert, Jr. Judge in L. Mazkley, Esquire, 2108 Market Street, Camp Hill, PA 17011 ~R.~ W Et i~1FJL- ~~ ~ F S rr4~r c ~~ R~c9~oa ~fii`v' ~'11~3t~a~~~~~~3 8 ~ ~6 ~~ 6 I ~i3S BQ~Z ~1~~~-Q~il~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4056 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE AMENDED STIPULATION AND.. AGREEMENT FOR THE ENTRY OF "DOMESTIC RELATIONS" AND NOW, this ~ day of Q L ~~b e r , 200$', the parties, Jason Weimer, Plaintiff, and Lara, Defendant, having been divorced by Decree dated August 12, 2008, of the Court of Common Pleas of Cumberland County, entered at Docket Number 07-4056, do hereby stipulate and agree as follows: 1. The Plaintiff; Jason Weimer, (herinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by ,the State Employees' Retirement Code, 71 Pa.C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is May 19, 1971, and the Member's Social Security number is 178-66-5241. 4. The'Defendant, Lara Weimer, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is August 11, 1969 and Alternate Payee's Social Security numberis 196-64-8730. 5. Member's last known mailing address is 703 Colonial Court, Mechanicsburg, Pennsylvania 17050. 6. Alternate Payee's current mailing address is 519 Lexington Avenue; Mechanicsburg, Pennsylvania 17055. It is•the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 1 7. The Alternate Payee's share of the Member's retirement benefits is $23,660.73. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of .any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does .not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit,: as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with. the Retirement Board prior to Member's death, Alternate payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. t ~:, .. 10. The Member and Alternate Payee expressly agree that at the time the Member files a retirement application with SERS, the Member shall select: Option 4. - A lump sum distribution in an amount greater than or equal to the total value of Alternate Payee's portion (as set forth in Paragraph 7 of this Stipulation) of the total accumulated deductions standing to the credit of the Member, as set forth in 71 Pa.C.S. § 5705(a)(4)(iii), or any succeeding statute. The Alternate Payee shall be paid her equitable distribution portion out of the Option 4 lump sum distribution. Member may select any monthly annuity option offered by SERS under the Retirement Code provided that Alternate Payee is paid her equitable distribution portion out of the Option 4 lump sum distribution. No portion of the monthly annuity. is to be paid to the Alternate Payee. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 131 1, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. ., , 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order;- provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any .attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall-take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. ,~ /~~ -_ Jas eimer, Plaintiff/Member Attorn r P mtiff and Respondent Mar m L. M kley, Esq. 2108 Mar t Street, Camp Hill, PA 17011 ID# 8474 Tel. (717)763-1800 •a eimer, Defendant/Alternat Payee C`, fv ,..: ~, µ, ~ ~~~ _ ~'? :~ f~J r• P',"9 "~^•t ~!f Ck . . ~`s +rv ^-: OCT 2 71~0~ ~ JASON WEIMER, Plaintiff vs. LARA WEIMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4056 CIVIL TERM CIVIL ACTION- AT LAW- IN DIVORCE ORDER AND NOW, this $~h day of ~~p~ ~J , 2008, the attached Amended Stipulation and Agreement dated October 22, 2008 of the parties in the case is incorporated, but not merged, into this Order of Court. ~~ M. L. Ebert, Jr. Judge Distribution '/Marlin L. Markley, Esquire, 2108 Market Street, Camp Hill, PA 17011 ~ ~~~ ~.D'Jt ES rn~ r ~l~ 1 ~,,`^~ ~•,~~ .: ~~ ~ a, tf=~ ?.~- ,.