HomeMy WebLinkAbout07-5437
Andrevr C. sheely, Esquire
127 S. Market Streat
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
vs.
CARBN L. BAXTER,
Defendant
IN THB COURT OF COMMON FLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - .Sy.3 7
IN DIVORCE
You have been sued in Court.
the claims set forth in the folio`
action. You are warned that if ~
proceed against you and a decree
entered against you blr the Court.
against you for any other claim
papers by the Plaintiff . You may
rights important to you, including
children.
If you wish to defend against
~9 pages
ou fail to
in divorce
A judgment
or relief
lose money
custody or
you must take prompt
do so, the case may
or annulment may be
may also be entered
requested in these
or property or other
visitation with your
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania, 17013-3387.
IF YOU DO NOT FILE A CLAIM FO;R ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FBSS OR EXPENSES .BEFORE A DIVORCE OR ANNUI~NT IS
GRANTED, YOU MAY LOSE THB`RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166 ~~
BY
d ew C. Sheely, Esquir
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
v ~
Andrew C. Sheely, Esqufre
127 3. Market Street
P.O. Box 95
Mechaniosburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
vs.
CARBN L. BAXTER,
Defendant
IN THS COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 -
IN DIVORCE
xoTicg or~ RIaHT TO COVl18LLIltG
YOV are one of the parties in the above-captioned action in
divorce. By virtue of Section 202 of the Pennsylvania Divorce
Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both
parties with a list of qualified professionals who provide such
services .
Accordingly, if you desire counseling a list of marriage
counselors if available in the office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
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~, ,
Andrew C. Sheely, Esquire
127 S. Market Street
P.o. Box 95
Meohanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CAREN L. BAXTER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
1. Plaintiff is BRIA1t R. BAETSR, an adult individual who
currently resides at 108 May Drive, #2, Camp Hill, Cumberland
County, Pennsylvania.
2 . Defendant is CARBN L . BAZTBR, an adult individual who
resided at 325 Hummel Avenue, Lemoyne., Cumberland County,
Pennsylvania.
3. Plaintiff and Defendant were residents of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 19,
1992 in Wellsboro, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Neither party is a member of the armed forces of the
United States of America.
7. Plaintiff has been advised of the availability of
marriage counseling and understands that he may have the right to
request that the court require the parties hereto to participate
in counseling.
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8. Paragraphs 1 - 7 are incorporated herein as if set forth
at length.
9. The marriage between the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of
filing the divorce complaint, Plaintiff intends to file an
affidavit consenting to a divorce and Plaintiff believes Defendant
may also file such an affidavit.
11. This divorce action is not collusive.
12. The parties separated on or about September 23, 2005.
WBBREFORE, if both parties file affidavits consenting to a
divorce after ninety (90) days have elapsed from filing of this
Divorce Complaint, Plaintiff respectfully requests the Court to
enter a Decree of Divorce pursuant to Section 3301(c) of the
Pennsylvania Divorce Code.
CODUT 2 - DIVORCE - 3301(d)
13. Paragraphs 1 - 12 are incorporated herein as if set
forth at length.
14. After a period of two (2) years has elapsed from the
date of separation, Plaintiff intends to file his affidavit of
having lived separate and apart.
WSERSFORE, if two (2) years have elapsed from the date of
separation and Plaintiff has filed his affidavit of consent,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce pursuant to Section 3301(d) of the Divorce Code.
2
. ,
Date: September `~-, 2007
Respectfu ly submitted,
An ew C. Sheely, squire
Attorney for Plaintiff
PA ID No. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
VSRIFICATIOI~
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: September ~ 2007 ~ +ti
~' J~
Brian R. Baxter
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717-697-7030 (Flloete)
TiT-697-7065 (aax}
S~rA'~t R. HAYTlR,
Plaintiff
'c-'s .
CARBN L . 8~1xTBR,
Defendant
s IN 'i'H8 CODRT OF Cdl94~ FIr8J18 OF
: CLTi~81D C~itJlfl'7C, Pffi/SBYL'QI1I+iIA
CIViY, ACTIOS - LAi~T
: 07 - 5437
IN pl'VORCB
i, Tham~as K. Clark, Bsquire, hereby accept ~serrrice of the
divorce complaint on bQhalf of Caren L. Saztor, Defendant, and
fuxtper certify that i ar:t authorized to do so in accordance with
~,_ R.C.P ~Yo. 402 (b) .
Date: Septemtbes /'~ , 2007 M. Clar~C, Sst~u~~r~
ThQ l~iloy Group
130 1st Church Str®et
Suite 104
Dillsburg, PA 17019
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...5
POST NUPTIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this a-1~ day of December, 2007,
by and between BRIAN K. BAXTER, hereinafter referred to as
"HUSBAND", AND CAREN LYNN BAXTER, party of the second part,
hereinafter referred to as "WIFE".
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife,
having been married on September 19, 1992, in Wellsboro,
Pennsylvania, and having separated on or about September 23,
2005; and
WHEREAS, certain differences have arisen by and between
Husband and Wife as a result of which they are currently
separated and the parties hereto are desirous of settling fully
and finally their respective financial and property rights and
obligations as between each other including, without limitation
by specification: the settling of all matters between them
relating to the ownership and equitable distribution of real and
personal property; the settling of all matters between them
relating to the past, present and future support, alimony and/or
maintenance of Husband by Wife or of Wife by Husband; and in
general, the settling of any and all claims and possible claims
by one against the other or against their respective estates; and
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing aut of their
marital status, particularly with respect to the relevant
sections of the Divorce Code, Act of April 2, 1980, P.L. 63, Act
No. 26, as amended, 23 P.S. 3101 et seq., and being fully aware
of their right to consult with or having consulted with their
respective legal counsel or advisors and having had the
opportunity and ability to request a full and complete disclosure
of income and assets from the other, and reviewing this
Agreement, have come to an agreement as to each and all of their
said matters of property and relations; and
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and Wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding
the provisions of this Agreement and their legal effect in
advance of the date set forth above to permit such
independent review. Husband and wife acknowledge that
Andrew C. Sheely, Esquire, is counsel for Husband and that
Thomas R. Clark, Esquire, of The Wiley Group, is counsel for
Wife. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel
from his or her selection, and that each fully understands
the facts and has been fully informed as to his or her legal
rights and obligations, and each party acknowledges and
accepts that this Agreement is, and the circumstances, fair
and equitable, after having the opportunity to receive such
advice and with such knowledge, and that execution of this
Agreement is not the result of any improper or illegal
agreement or agreements. In addition, each party hereto
acknowledges that he or she has had the opportunity to be
fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court
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has the right and duty to determine all marital rights of
the parties including divorce, alimony, alimony pendente
lite, equitable distribution of all marital property or
property owned or possessed individually by the other,
counsel fees and costs of litigation and, fully knowing the
same and having the opportunity to be fully advised of his
or her rights thereunder, each party hereto still desires to
execute this Agreement, acknowledging that the terms and
conditions set forth therein are fair, just and equitable to
each of the parties, and waives his and her respective right
to have the Court of Common Pleas of Cumberland County, or
any other court of competent jurisdiction, make any
determination or order effecting the respective parties
rights to a divorce, alimony, alimony pendente lite,
equitable distribution of all marital property, counsel fees
and costs of litigation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may from time to time choose or
deem fit.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if
he or she were single and unmarried as may be necessary to
carry out the provisions of this Agreement.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband
relinquishes his inchoate intestate right and his right to
act as a personal representative in the estate of Wife, and
Wife relinquishes her inchoate intestate right and her right
to act as a personal representative in the estate of
Husband. Each of the parties hereto by their presents, for
himself or herself, his or her heirs, executors,
administrators or assigns, does remise, release, quit claim
and forever discharge the other party hereto, his or her
heirs, executors, administrators or assigns or any of them,
of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or
nature, for or because of any matter or thing omitted or
suffered to be done by said other party prior to and
including the date hereof, except that this release shall in
no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this
Agreement and shall in no way affect any cause of action in
absolute divorce which either party may have against each
other.
5. MARITAL AND NON-MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly,
various marital assets and the increased value of non-
marital assets and property, including the following:
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(A) Jointly owned Real Estate located at 412 Woodland
Drive, Dillsburg, York County, with a value of
$225,000.00; and
(B) Husband s 401 (k) Highmark Investment Plan through
Ameriprise Financial with separation value of
$75,666.06 and current value as of December 1, 2007 of
approximately $96,959.30 (an amount which fluctuates
with market conditions); and
(C) The marital component of Husband s Highmark pension
benefit payable as a single life annuity at Husband s
age of 65, estimated in the amount of $838.38, said
amount based upon Husband s final average salary and
years of service through September 23, 2005; and
(D) Miscellaneous bank accounts with Members 1St
Federal Credit Union; and
(E) 2003 Ford titled jointly, with a separation debt
encumbering the title of approximately $12,000.00; and
(F) 2002 Ford Taurus titled jointly; and
(G) Miscellaneous personal property, including
furniture, personal items, dishes, tools, jewelry,
increase in value of non-marital property, equipment,
coins and cash; and
(H) Sun Trust, Inc. mortgage encumbering the former
marital residence at 412 Woodland Drive, Dillsburg,
Pennsylvania; and
(I) Miscellaneous credit card debt not exceeding
$100.00; and
(J) Husband and Wife acknowledge that they are aware
of their respective rights pursuant to the Divorce Code
of 1980, as amended, to obtain formal valuations or
appraisals of all marital assets, whether real or
personal, including retirement accounts and
investments. However, the parties agree that they will
not undertake this expense and acknowledge that no
financial disclosures are attached to this agreement as
separate exhibits or schedules. The parties hereby
waive any necessity for completing or attaching any
financial disclosure(s). Each party further
acknowledges the opportunity to attach a full and
complete financial disclosure and that such disclosure
is not desired to effectuate a fair and equitable
resolution of their marital rights, duties and
obligations as provided in the Divorce Code of 1980, as
amended.
6. PERSONAL PROPERTY
(A) Personal Contents.
Husband and Wife hereto mutually agree that they
have effected a satisfactory division of the furniture,
household furnishings, appliances and other household
personal property between them, and they mutually agree
that each party shall from and after the date hereof be
the sole and separate owner of all such tangible
personal property presently in his or her possession,
whether said property is heretofore owned jointly or
individually by the parties hereto, and this Agreement
shall have the effect of an assignment or bill of sale
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from each party to the other for such property as may
be in the individual possessions of each of the parties
hereto.
(B) Checking/Savings Accounts/Joint funds.
Husband and Wife acknowledge and agree that any
and all savings and checking accounts, whether owned
jointly or individually, have been divided to their
mutual and individual satisfaction.
(C) Intent of Division
The division of existing marital property is not,
except as otherwise expressly provided herein, intended
by the parties to constitute in any way, a sale or
exchange of assets and the division is being affected
without the introduction of outside funds or other
property not constituting a part of the marital estate.
As a part of an equitable division of the marital
properties and the marital settlement herein contained,
the parties hereto agree to save and hold each other
harmless from all income taxes assessed against the
other resulting from the division of the property as
herein provided.
7. REAL ESTATE 412 Woodland Drive, Dillsburg, Pennsylvania
Husband and Wife acknowledge that the former marital
residence located at 412 Woodland Drive, Dillsburg,
Pennsylvania, has been sold and all debts, including the
mortgage, have been satisfied and settled. Husband and Wife
acknowledge that the majority of the settlement proceeds
from the sale of the marital residence have been mutually
divided and Husband and Wife agree that Husband shall be
entitled to an additional amount of Eight Thousand Five
Hundred Dollars ($8,500.00) from the remaining proceeds.
Any and all other funds remaining after this distribution to
Husband shall remain the property of Wife without further
claim from Husband.
8. Husband s Highmark Retirement Plans
(A) Highmark Investment Plan
Husband and Wife acknowledge that Husband has
participated in an employer investment savings plan
since marriage and that said Highmark Investment Plan
maintained a balance of $75,666.06 as of the date of
separation and that such separation amount has
increased to an approximate amount of $96,959.30 as of
December 1, 2007. Husband and Wife agree that Wife
will obtain fifty-five percent (55~) of the value of
the Participant s vested account balance under the Plan
determined as of December 1, 2007. Further, Husband and
Wife agree to the form of a Qualified Domestic
Relations Order as attached hereto as Exhibit A so
as to rollover or transfer an amount equal to fifty-
five percent (55~) of the vested account balance of the
Plan determined as of December 1, 2007 into a separate
account in Wife s name.
(B) Highmark Pension Plan
(i) Husband and Wife acknowledge that Husband has
participated in an employer pension plan since the
commencement of his employment with Highmark (or
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its predecessor) since September of 1977. Husband
and Wife agree that Wife is entitled to fifty-five
percent (55~) of the marital portion of Husband s
pension benefits which accumulated for 156 total
months of the total of 336 months which Husband
obtained pension benefits from Highmark through
the date of Husband and Wife s separation. For
purposes of this distributing this benefit to Wife
as soon as permitted by the Plan on or after
Husband s attainment of his earliest retirement
age, Husband and Wife agree to the entry of a
Domestic Relations Order which will direct that
Wife receive the agreed upon portion of Husband s
pension benefit.
(ii) Husband and Wife shall be entitled to an
amount equal to fifty-five percent (55$) of
Accrued Benefit of the Husband s pension as of
September 23, 2005, multiplied by a fraction, the
numerator of which is 156, the number of months of
marriage during which benefits were accumulated
prior to September 23, 2005, and the denominator
of 336 which is the total number of months during
which benefits were accumulated prior to such
September 23, 2005. Further, Husband and Wife are
in receipt of correspondence from Highmark
estimating the marital component of Husband s
monthly benefit payable as a single life annuity
at 65 to be $838.38 as of September 23, 2005.
Husband and Wife agree to the general form of a
Qualified Domestic Relations Order as attached
hereto as Exhibit B subject to any
modifications required by the Plan Administrator.
9. DEBTS OF HUSBAND AND WIFE
Husband and Wife acknowledge that they have incurred
various marital, (joint and separate) debts prior to
separation. Husband and Wife agree that Husband shall
assume full liability and hold Wife harmless from any
liability for any and all consumer or other debt in
Husband s name. Husband and Wife agree that Wife shall
assume full liability and hold Husband harmless from any
liability for any and all consumer or other debt in Wife s
name.
10. MOTOR VEHICLES
(A) Possession
Husband and Wife agree that Wife shall be entitled
to have the sole and exclusive control, benefit, use
and title of the 2002 Taurus or the proceeds thereof.
Further, Wife agrees that she shall hold Husband
harmless from any liability associated with 2002 Ford
Taurus, including but not limited to paying all monthly
car payments, insurances and costs associated with
operating said vehicle. Husband and Wife agree that
Husband shall be entitled to have the sole and
exclusive control, benefit, use and title of the 2003
Ford Explorer or the proceeds thereof, and that he
shall hold Wife harmless from any liability associated
with such motor vehicle, including but not limited to
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paying all monthly car payments, insurances and costs
associated with operating said vehicle.
(B) Titles and Insurance
Titles to the motor vehicles shall be transferred
within thirty (30) days from the date of this Agreement
to the party receiving title in accordance with this
Agreement, if necessary. Each party shall remove the
other from any policy of insurance associated with his
or her motor vehicle within a period of thirty (30)
days from the date of this Agreement.
11. MISCELLANEOUS
(A) Life Insurance
The parties hereto acknowledge and agree that any
and all life insurance policies owned by them jointly
or singly have been divided to their mutual and
individual satisfaction.
(B) Existing and Future debts
Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or
other liability, other than those described in this
Agreement, on which the other party is or may be
liable. A liability not disclosed in this Agreement
will be the sole responsibility of the party who has
incurred or may hereafter incur it, and such party
agrees to pay it as the same shall become due, and to
indemnify and hold the other party and his or her
property harmless from any and all such debts,
obligations and liabilities.
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(C) Taxes
Husband and Wife represent and warrants to the
other that they shall file separate income tax returns
for tax year 2007 and thereafter. Information
maintained by one party which is necessary to complete
any income tax return shall not be unreasonably
withheld upon the request of either party.
12. ALIMONY, SUPPORT AND MAINTENANCE
Husband and Wife are aware of each other's incomes and
Represent they have been respectively advised and are aware
of the contents of the provisions of the Divorce Code, as
amended, in Pennsylvania, wherein considerations are set
forth in determining an appropriate amount, if any, to be
paid in the form of alimony.
Husband agrees to and shall pay Wife, as alimony, the
sum of two hundred dollars ($200.00) per month, commencing
on January 1, 2008, payable on the first day of each month,
and continuing in the amount of $200.00 per month for
twenty-three additional months through December 31, 2009.
Thereafter, Alimony shall forever cease and terminate.
In addition, alimony awarded pursuant to this paragraph
shall cease and terminate upon either Husband or Wife's
death, Wife's remarriage or in the event Wife cohabitates
with a person of the opposite sex. The alimony payments
awarded pursuant to this paragraph are intended to be and
shall be taxable to Wife's income at the amount of $200.00
per month commencing as of January 1, 2008, and deducted
from Husband's income at the amount of $200.00 per month
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commencing as of January 1, 2008, in accordance with all tax
laws and applicable sections of the Internal Revenue Service
Rules and Regulations.
This Agreement as been negotiated on the agreement that
the alimony payments described in this Paragraph 12 will be
deductible by Husband and taxable to Wife. Therefore, it is
the intention, understanding and agreement of the parties
that the payments described in this Paragraph 12, to the
extent permitted by law, shall constitute periodic
payments payable by reason of the marital or family
relationship of the parties, as those terms are defined in
Section 71 of the Internal Revenue Code of 1954, as amended,
and accordingly that all such payments shall be included in
Wife s gross income and deductible by Husband for federal
income tax purposes pursuant to Sections 71 and 215 of the
Internal Revenue Code of 1954, as amended, respectively.
Wife agrees to report payments received under this Paragraph
12 in her gross income for federal and, if applicable, for
local and state income tax purposes. Wife shall be solely
responsible for any and all income taxes with respect to any
payments received by her as alimony as required by this
Paragraph 12. The parties agree to reduce this Agreement to
an Order of Court simultaneously upon execution of this
Agreement and file such with the Court of Common Pleas along
with the documents necessary to conclude the divorce.
13. SUBSEQUENT DIVORCE
A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
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provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of
competent jurisdiction, as a part of a resolution of any
divorce action filed or to be filed. This Agreement, and
the terms and conditions contained herein, as well as the
enforcement of said terms and conditions, shall not be and
is/are not contingent upon the granting of a Divorce Decree
to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent
jurisdiction.
14. HEALTH INSURANCE
Husband and Wife acknowledge that Wife s health
insurance through Husband s employer shall cease upon the
entry of a final divorce decree entered in any pending
divorce action. Husband and Wife further acknowledge that
Wife may be entitled to continued health insurance at her
cost through Husband s employer in accordance with Federal
law at a single COBRA rate.
15. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no representations, warranties,
covenants or undertakings other than those expressly set
forth herein. Husband and Wife acknowledge and agree that
the provisions of this Agreement with respect to the
distribution and division of marital and separate property
are fair, equitable and satisfactory to them based on the
length of their marriage and other relevant factors which
have been taken into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with
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respect to the division of property in lieu of and in full
and final settlement and satisfaction. of all claims and
demands that they may now have or hereafter have against the
other for equitable distribution of their property by any
court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and
Wife each voluntarily and intelligently waive and relinquish
any right to seek a court ordered determination and
distribution of marital property, but nothing herein
contained shall constitute a waiver by either party of any
rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
16. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
has released and discharged and by this Agreement does for
himself or herself and his or her heirs, legal
representatives, executors, administrators and assigns,
release and discharge the other of and from all causes of
action, claims, rights or demands whatsoever in law or
equity, which either of the parties ever had or now has
against the other, except any or all causes of action for
divorce and except any and all causes of action for breach
of any provisions of this Agreement.
17. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is
fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both
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parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have
been furnished with all information relating to the
financial affairs of the other which has been requested by
each of them or by their respective counsel.
18. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the request
of the other, execute, acknowledge and deliver to the other
party any and all further instruments that may be reasonably
required to give full force and effect to the conditions of
this Agreement, including any waivers required by the Plan
Administrator maintaining either party s retirement benefit.
19. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing
and executed with the same formality as this Agreement. The
failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same
or similar nature. The waiver of any term, condition,
clause or provision of this Agreement shall in no way be
deemed or construed as a waiver of any other term,
condition, clause or provision of this Agreement.
20. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or
her election, to sue for such breach, or seek other remedies
or relief as may be available to him or her. Both parties
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agree and are aware that noncompliance with any provision of
this Agreement permits either party to pursue appropriate
legal remedies, including sanctions as set forth in 23 Pa.
C.S.A. 3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees,
costs and legal expenses and expenses that either may
sustain, or incur or become liable or answerable for, in any
way whatsoever, or shall pay upon, or in consequence of, any
default or breach by the other of any of the terms or
provisions of this Agreement by reason of which either party
shall or shall be obliged to retain or engage counsel to
initiate or maintain or defend proceedings against the other
at law or equity or both or in any way whatsoever, provided
that the party who seeks to recover such attorneys' fees,
costs and legal expenses and expenses must first be
successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the
parties that a breaching or wrongdoing party shall bear the
burden and obligation of any and all costs and expenses and
counsel fees incurred by the other party in endeavoring to
protect and enforce his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall
be deemed to be cumulative and the exercise of one remedy
shall not bar or prevent the pursuit of any other remedy and
either party may elect to pursue such remedies
simultaneously and the exercise of a remedy one or more
/~
times shall not exhaust its use or prevent further pursuit
of such remedy.
21. ATTORNEY FEES AND COSTS
Husband and Wife shall each assume their respective
counsel fees as part of the divorce action commenced in the
case.
22. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any affect whatsoever
in determining the rights or obligations of the parties.
23. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be
deemed to be a separate and independent covenant and
agreement.
24. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For contract interpretation
parties, this Agreement was prepared jointly by both
parties.
25. VOID CLAUSES
If any term, conditions, clause or provision of this
Agreement shall be determined or declared to be void or
invalid in law or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement
and in all other
~O
respects this Agreement shall be valid and continue in full
force, effect and operation.
26. BINDING AGREEMENT
This Agreement shall be binding and shall extend to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IR1 WITNESS bdHERE4F, the parties have hereunto set their
hands and seals the day and year first .above written.
6~iTi3ESS
~'. ~.
{ ~-~~~
~iut, l~ ~~~-- ( SEAL }
Brian K. Baxter
~..ct/t_e.n ~ ~ ~X->L4~-- ( SEAL }
Caren L. Baxter
COMMf)NWEALTH OF PENNSYLVANIA
coUNTY OF a YY~
SS.
On this, the 2'I~ day of `T~~CeY~'1 b-?~' 2a 7 before
me, the undersigned officer, personally appeared ~~ Baxter,
known to me (or satisfactorily proven} to be the person whose
name is subscribed to the within instrument and acknowledged that
he executed the same for the purposes therein contained.
IN WITAIESS WHEREOF, I hereunto set my hand and official
seal.
COM iONVUEAt~ s t-i CF Fc NSYLVANIA
Nota-dal Seal
S. Dawn Gladfelter, Notary Publ~
Dalsburg Boro, York County
pAy Corrxnission Fires May 17,2009
Member, Pennsylvania Association of Notaries
My Commission Expires:
C4MM4NirdEALTH dF PENI~dSYLVAPdIA
CE)UP3TY OF YORK
SS.
19
r,`
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
,,/~
On this, the l day of ~C.,~v c~~-~.( 2008,
before me, the undersigned officer, personally appeared
BRIAN K. BAXTER, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal. r 1
'~~~
N 't y Public
My Commission Expires:
~~
~~ ~~c~.
~-.19, 2010
Zo
Exhibit `~A,~
DRAFT
BRIAN K. BAXTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
CAREN L. BAXTER, 07 - 5437
Defendant IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
IN RE: PLAINTIFF'S HIGHMARI~ INVESTIVIF.NT PLAN
AND NOW, this day of
200 ,
the following is approved and entered as an Order of Court in the above-
captioned Divorce action.
Identification of Parties:
1. The name, social security number, address and birth date of the Participant is as follows:
BRIAN K. BAXTER 184-48-3225
108 May Drive, # 2, Camp Hill, Pennsylvania, 17011
Date of Birth:
March 25, 195$
2. The name, social security number, address and birth date of the Alternate Payee is as
follows:
CAREN L. BAXTER 199-38-3927
5816 Fordham Avenue, Harrisburg, Pennsylvania 17111
Date of Birth:
October 19,1962
Name of Plan to which this Order Applies:
Highmark Investment Plan (the "Plan")
Plan Sgonsor•
Highmark, Inc.
Plan Administrator:
Mr. Rich Little
Highmark, Inc.
1800 Center Street
P.O. Box 890089
Camp Hill, PA 17089
Award to Alternate Payee:
1. Alternate Payee will obtain fifty-five percent (55%) of the value of the
Participant's vested account balance under the Plan determined as of December 1,
2007.
2. The determined amount will not be credited or debited with any gains or losses
attributable to such amount for the period from December 1, 2007 to the date of
assignment of the calculated award to a separate account in the Alternate Payee's
name under the Plan.
3a. Simple Interest:
The determined amount will be increased at the simple interest rate of six (6)
percent, (compounded annually on a rolling 12-month period) based on the date
of determination to reflect its share of the investment earnings credited to the
Participant's account between December 1, 2007 and the date of assignment of
the calculated award to a separate account in the Alternate Payee's name under
the Plan.
3b. Actual Earnings:
The determined amount will either be increased or decreased to reflect its share of
any investment earnings or losses credited to the Participant's account between
December 1, 2007 and the date of assignment of the calculated award to a
separate account in the Alternate Payee's name under the Plan.
4. Any outstanding loan balances will be considered as part of the Participant's
vested account balance for purposes of determining the amount to be assigned to
the Alternate Payee. Participant shall retain the responsibility for payment of any
such outstanding loan balances.
5. The calculated award determined above shall be transferred to a separate account
under the Plan in the name of the Alternate Payee as soon as administratively
2
feasible. The income, accruals, gains, and losses experienced by such account
maintained for the Alternate Payee are to accrue to such account. The Alternate
Payee shall have investment management rights pursuant to the provisions of the
Plan for her account under the Plan. The Alternate Payee may elect to receive
distribution from her separate account in accordance with the terms of the Plan
without reference to the Participant's attainment of "earliest retirement age," as
defined in Section 414(p)(4)(B) of the Internal Revenue Code of 1986, as
amended.
If the assigned amount is $1,000 or less, Ameriprise Trust Company will forward
a distribution form to the Alternate Payee as soon as administratively feasible
after the date of assignment of the calculated award to a separate account in the
Alternate Payee's name under the Plan.
If the assigned amount exceeds $1,000, it shall remain in the separate account in
the Alternate Payee's name under the Plan until such time as the Alternate Payee
elects a distribution in accordance with the terms of the Plan. In addition, the
Alternate Payee may name a beneficiary or beneficiaries to receive any amount
payable from her account under the Plan as a result of her death.
6. After assignment of the calculated award to the Alternate Payee's account under
the Plan, the Participant shall be awarded all right, title and interest in and to the
Participant's account balance, as reduced above, under the Plan free and clear of
any interest of the Alternate Payee.
7. In the event of the Participant's death, there will be no effect on the payment of
the benefit assigned to the Alternate Payee hereunder. With respect to the
Participant's account balance under the Plan not assigned to the Alternate Payee
under this order, the Alternate Payee will not be entitled to any survivor benefits.
8. In the event of the Alternate Payee's death before receipt of the assigned benefit,
such benefit shall be payable to the designated beneficiary of the Alternate Payee
or, if there is no designated beneficiary, to the Alternate Payee's (a) spouse or, if
none, [(b) living children or, if none, (c) living parents or, if none, (d) living
brothers and sisters or, if none,] (e) estate; provided, however, that once benefits
have commenced to the Alternate Payee, the form of benefit elected shall
determine if any additional amounts shall be paid upon the Alternate Payee's
death.
Compliance with the Provisions of the Law:
It is this Court's intention that the provisions of the Order operate as an effective
assignment of said interest under both state and federal law, for all purposes, and
constitute a "Qualified Domestic Relations Order," in compliance with Section
14(p) of the Internal Revenue Code of 1986, as amended and Section 206(d)(3} of
3
of the Employee Retirement Income Security Act of 1974, as amended. This
QDRO is granted in accordance with the Pennsylvania Divorce Code of 1980, as
amended, which relates to marital property rights, child support, and/or spousal
support between spouses and former spouses in matrimonial actions. In the event
that it is subsequently determined by the Plan Administrator for the Plan, by a
court of competent jurisdiction, or otherwise, that the provisions of this Order fail
to meet the requirements of a "Qualified Domestic Relations Order," both parties
shall cooperate fully and shall execute any and all documents necessary to obtain
an Amended Judgment and Decree containing an Order of this Court, meeting all
requirements of a "Qualified Domestic Relations Order," and this Court expressly
reserves jurisdiction over the Participant's benefits in the above named Plan as of
the date of entry of the Judgment and Decree, in order to effectuate the
assignment of benefits ordered above. This Order supersedes all previously filed
Orders in this matter relating to this subject.
Savings Clause:
This order is not intended, and shall not be construed in such a manner as, to
require the Plan:
(a) to provide any type or form of benefit option not otherwise provided under
the terms of the Plan;
(b) to increased benefits, other than through the accumulation of earnings,
(c) to require the payment of any benefits to the Alternate Payee which are
required to be paid to another Alternate Payee under another order which
was previously deemed to be a QDRO.
Plan Administration/Recovery of Excess Amounts:
The Alternate Payee is ordered to report any retirement payments received on any
applicable income tax return. The Plan Trustee is authorized to issue a form
1099-R on any direct payments made to the Alternate Payee.
2. The Alternate Payee shall keep Highmark, Inc. informed of their current address.
Notice of change of address shall be made in writing, witnessed by a Notary, and
mailed to:
Ameriprise Trust Company
Attn: QDRO Administrator
1344 Ameriprise Financial Center
Minneapolis, MN 55474
3. 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
4
extent that he or she has received such benefit payment and shall forthwith pay
such amount so received directly to the Alternate Payee within ten (10) days of
receipt.
4. The Participant and the Alternate Payee shall hold the Plan, Highmark, Inc., and
any fiduciary harmless from any liabilities, which arise from this domestic
relations order, including all reasonable attorney's fees which may be incurred in
connection with any claims which are asserted because the Plan honors this order.
BY THE COURT,
Approved by:
Participant
Alternate Payee
Date
Date
DRAFT
Exhibit "B"
DRA~r'~
BRIAN K. BAXTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
CAREN L. BAXTER, 07 - 5437
Defendant IN DIVORCE
DOMESTIC RELATIONS ORDER
This Domestic Relations Order ("Order") is intended to meet the requirements of a
qualified domestic relations order ("QDRO"), as that term is defined in Section 206(d)(3) of the
Employee Retirement Income Security Act of 1974 ("ERISA") and Section 414(p) of the
Internal Revenue Code of 1986 ("Code"), and shall be modified as necessary to continue to meet
the requirements of ERISA and the Code. The result of such qualification is that this Order will
then become a QDRO. This Order is granted in accordance with the provisions of the
Pennsylvania Divorce Code, which relates to marital property rights, child support, and/or
spousal support between spouses and former spouses in matrimonial actions.
THE COURT FINDS AND IT IS HEREBY ORDERED AS FOLLOViJS:
Section 1. Identification of Plan.
This Order applies to benefits under the Highmark Retirement Pian (the "Plan"). It shall
also apply to and bind any successor plan to the Plan. The name and address of the Plan
Administrator is: Personnel and Compensation Committee, Highmark Inc., 1800 Center Street,
Camp Hill, PA 17089-0089.
Section 2. Identification of Participant and Alternate Payee.
(a) BRIAN K. BAXTER is hereafter referred to as the "Participant." The
Participant's current and last known address is 108 May Drive, # 2, Camp Hill, Pennsylvania,
17011. This address may be changed, from time to time, by written notice to the Plan
Administrator. It is the responsibility of the party whose address has changed to provide such
notice. The Participant's Social Security Number is 184-48-3225. The Participant is not
currently receiving benefits under this Plan.
(b) CAREN L. BAXTER is hereafter referred to as the "Alternate Payee." The
Alternate Payee's current and last known address is 5816 Fordham Avenue, Harrisburg, PA
17111. This address may be changed, from time to time, by written notice to the Plan
Administrator. It is the responsibility of the party whose address has changed to provide such
notice. The Alternate Payee's Social Security Number is 199-38-3927. The Alternate Payee is
the Former Spouse of the Participant.
(c) On December , 2007], this Court entered a DECREE IN DIVORCE which
incorporated but did not merge a Post Nuptial Property Settlement Agreement [the
("Judgment")], which Judgment relates to the division of marital property rights for the
Alternate Payee, as the former spouse of the Participant.
DC 1 30105433.1
(d) The Participant and the Alternate Payee were married on September 19, 1992 and
said marriage is registered in Wellsville, Pennsylvania.
(e) Both the Participant and the Alternate Payee shall have the duty to notify the
Personnel and Compensation Committee in writing of any changes in his or her respective
mailing addresses subsequent to the entry of this Order.
Section 3. StartingLDate for Benefit Payments.
Distribution of the benefit assigned to the Alternate Payee shall be made or commence
upon the Alternate Payee's request as soon as permitted by the Plan on or after the Participant's
attainment of his or her "earliest retirement age," as defined in Code Section 414(p)(4)(B).
However, if the "Actuarial Equivalent" (as that term is defined in Section 1.02 of the Plan)
present value of the Alternate Payee's benefit is $5,000 or less, and payment of such benefit has
not commenced, the form of distribution of the benefit shall be in a single cash lump sum
payment.
Section 4. Form of Benefit.
The Alternate Payee shall have the right to elect to receive a distribution of the assigned
benefits in any form permitted under the Plan with respect to the Participant (other than in the
form of either: (1) a joint and survivor annuity payable for the benefit of the Alternate Payee and
the Alternate Payee's contingent beneficiary under. Section 8.05(a)(1) of the Plan, or (2) an
increased benefit paid prior to the commencement of the Participant's eligibility for primary
Social Security benefits and a reduced benefit thereafter under Section 8.05(a)(4) of the Plan),
unless the Actuarial Equivalent present value of the Alternative Payee's benefit is $5,000 or less
and payment of such benefits has not commenced, in which event the form of distribution shall
be a single cash lump sum payment. The payments expected to be made to the Alternate Payee
over the life expectancy of the Alternate Payee shall be the Actuarial Equivalent of the benefit
amount set forth in Section 5 below.
Section 5. Amount of Benefit to be Paid to Alternate Payee.
Starting at the time specified in Section 3, under the terms of the Judgment, the Alternate
Payee is to receive retirement benefits from the Plan from and out of the benefits otherwise
payable to the Participant:
a) Omitted.
b) An amount equal to fifty-five percent (55%) of Accrued Benefit of the Participant
determined (based upon the Participant's Service) as of September 23, 2005 and compensation
as of September 23, 2005, multiplied by a fraction, the numerator of which is 156, the number of
months of marriage during which benefits were accumulated prior to September 23, 2005, and
the denominator of 336 which is the total number of months during which benefits were
accumulated prior to such September 23, 2005, and the Participant's benefit is reduced
accordingly.
2
DC 1 30105433.1
If the Alternate Payee elects to commence receiving benefits prior to the Participant's normal
retirement age, the Alternate Payee's separate benefit will be reduced for such early
commencement using Plan factors in effect at such commencement. If, before vesting in a Plan
benefit, the Participant terminates employment or dies, the Participant's benefit accrued under
the Plan, including any part awarded to the Alternate Payee, will be forfeited to the extent not
100% vested.
Once determined, the Alternate Payee's portion of the Plan benefit shall be actuarially adjusted
using Plan factors in effect at the time benefit payments commence to the Alternate Payee. Such
actuarial adjustment will take into account the age difference between the Participant and the
Alternate Payee. The Alternate Payee's benefits are to be actuarially adjusted to the Alternate
Payee's own life expectancy.
In addition to the above, the Alternate Payee shall receive apro-rata share of any post-retirement
cost-of-living adjustments or other economic improvements made to the Participant's benefits on
or after the date of the Participant's retirement or the date on which benefit accruals cease. Such
pro-rata share shall be calculated in the same manner as the Alternate Payee's share of the
Participant's retirement benefits is calculated pursuant to this Section 5.
Section 6. Vesting.
No amount shall be payable hereunder before the Participant becomes vested under the
terms of the Plan or in the event the Participant terminates service before becoming entitled to a
vested benefit under the Plan.
Section 7. Death Benefits.
If the Alternate Payee dies before her "Annuity Starting Date" (as that term is defined in
Section 1.04 of the Plan), the Alternate Payee's interest assigned hereunder shall be restored to
the Participant's benefit, but no retroactive payment shall be made to or on behalf of the
Participant as a result of the Alternate Payee's death after the Participant's Annuity Starting
Date. Except as stated above, the benefit assigned hereunder to the Alternate Payee shall not be
reduced, abated or terminated as a result of the death of the Participant. The Alternate Payee will
not be entitled to any survivor benefits with respect to the portion of the Participant's accrued
benefit under the Plan not otherwise assigned to the Alternate Payee under this Order.
Section 8. Compliance with Applicable Laws.
Nothing in this Order shall require the Plan to:
(1) pay any benefits not permitted under ERI SA or the Code;
(2) provide any type or form of benefit, or option, not otherwise provided in
the Plan;
(3) provide increased benefits (determined on the basis of actuarial value); or
DC1 30105433.1
(4) pay benefits of the Participant to the Alternate Payee that are required to
be paid to another alternate payee under another order previously
determined to be a QDRO.
Section 9. Reservation of Jurisdiction.
The Court retains jurisdiction to establish or maintain this Order as a QDRO; provided,
however, no amendment of this Order shall contain a requirement with respect to the Plan of a
type described in Section 8 above.
DATED this day of , 20_
JUDGE
Approved as to form and content:
Andrew C. Sheely/ Attorney for the Petitioner
Thomas M. Clark /Attorney for the Respondent
DRAFT
4
DC 1 30105433.1
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BRIAN K. BAXTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
CAREN L. BAXTER, 07 - 5437 CIVIL TERM
Defendant .
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly 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)
2. Date and manner of service of the complaint:
Acceptance by Attorney for Defendant on September 14, 2007.
3. Complete either paragraph (a) or (b).
3301(d)
a. Date of execution of the affidavit required by
3301(c) of the Divorce Code:
by plaintiff 01/07/08; by defendant 012/27/07.
b. (1) Date of execution of
of the Divorce Code N/A
the affidavit required by
(2) Date of filing and service of the plaintiff's
affidavit upon the respondent: N/A
4. Related claims pending: Division of retirement benefits by
Qualified Domestics Relations Orders and Alimony pursuant to
December 27, 2007 Post Nuptial Settlement Agreement.
5. Complete either (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 of plaintiff's Waiver of Notice in 3301(c) Divorce
was filed with the Prothonotary: 01/07/08
Date defendant's Waiver of Notice in 3301(c) Divorce was
filed with the Prothonotary: 12/27/07
Andrew C. Sh~ely, Esquire
Attorney for Plaintiff
127 South Market Street
Mechanicsburg, PA 17055
(717) 697-7050
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Andrew C. Sheely, Esquire
_~ 127 S. Market Street
P.o. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
vs.
CAREN L. BAXTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RI~3HTS
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 against you and a decree in divorce or annulment may be
entered against you by the Court. A judgment may alto be entered
against you for any other claim or relief requested in these
papers by the Plaintiff . You may lose money or property or other
rights important to you, including custody or visitation with your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse, 1
Courthouse Square, Carlisle, Pennsylvania, 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166 /'
BY ~~''~1%`"'
d ew C. Sheely, Esquir
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiff
Andrew C. Sheely, Eaquire
' 127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
vs.
CAREN L. BAXTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
07 -
IN DIVORCE
NOTICE OF RIGHT TO COUNSELINP:
Y 00 are one of the parties in the above-captioned action in
divorce. By virtue of Section 202 of the Pennsylvania Divorce
Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both
parties with a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
counselors if available in the office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
• Andrew C. Sheely, Esquire
127 s. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
vs.
CAREN L. BAXTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
DIVORCE COMPLAINT
1. Plaintiff is BRZAN R . BA%TER, an adult individual who
currently resides at 108 May Drive, #2, Camp Hill, Cumberland
County, Pennsylvania.
2 . Defendant is CAREN L . BARTER, an adult individual who
resided at 325 Hummel Avenue, Lemoyne, Cumberland County,
Pennsylvania.
3. Plaintiff and Defendant were residents of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 19,
1992 in Wellsboro, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Neither party is a member of the armed forces of the
United States of America.
7. Plaintiff has been advised of the availability of
marriage counseling and understands that he may have the right to
request that the court require the parties hereto to participate
in counseling.
COUNT 1 - DIVORCE - IRRECONCILABLE DIFFERENCES
8. Paragraphs 1 - 7 are incorporated herein as if set forth
at length.
9. The marriage between the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of
filing the divorce complaint, Plaintiff intends to file an
affidavit consenting to a divorce and Plaintiff believes Defendant
may also file such an affidavit.
11. This divorce action is not collusive.
12. The parties separated on or about September 23, 2005.
WHEREFORE, if both parties file affidavits consenting to a
divorce after ninety (90) days have elapsed from filing of this
Divorce Complaint, Plaintiff respectfully requests the Court to
enter a Decree of Divorce pursuant to Section 3301(c) of the
Pennsylvania Divorce Code.
COUNT 2 - DIVORCE - 3301~d)
13. Paragraphs 1 - 12 are incorporated herein as if set
forth at length.
14. After a period of two (2) years has elapsed from the
date of separation, Plaintiff intends to file his affidavit of
having lived separate and apart.
WHEREFORE, if two (2) years have elapsed from the date of
separation and Plaintiff has filed his affidavit of consent,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce pursuant to Section 3301(d) of the Divorce Code.
2
Date: September 6`-, 2007
Respectfu ly submi.tted,
~~
An rew C. Sheely, squire
Attorney for Plaintiff
PA ID No. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-b97-7050
3
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. Y understand that false statements herein are made
subject to penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: September ~ , 200? ~~urw ~ ~~u.
Brian R. Baxter
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Andrer c. shssly, Esgaire
127 s. Market street
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1Sech4niceburq, PA 17055
BA iD Flo. 62469
717-697-7050 (PhOae)
737-697-7065 (rax}
B1trAl~Y ~ . EAXTER,
Flaintiff
v's .
CAREN L. aAXTER,
Defen~tant
IN TB8 CDURT Of' CO1rIIKpN PLBAS pF
CUI~SRLAND COZTNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 -~ 5437
IN DYVORCS
ACCBPTAM ~ of $~.RV=CL
I, Thomas M. Clark, Bsyuire, hereby accept sex'~rice of the
divorce complaint on behalf of Caren L- Harter, Defendant, and
further certify that I am authorized to do so in accordance with
PA. R.C.P NO. 402 (bj.
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Date: September /'~ , 2007 T omas M. Clam, Ssquir~
The Wiley Group
130 West Church Street
Su~.te 100
Dillsburg, PA 17019
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Andrew C. Sheely, Esquire
127 S. Market Street
P.o. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN R. BAXTER,
Plaintiff
vs.
CAREN L. BAXTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 5437
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on September 13, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
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.
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.A. Section 4904 relating to
unsworn falsification to the authorities.
DATE • d ~ ~l C ~~
Brian R. Baxter
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN K. BAXTER,
Plaintiff
vs.
CAREN L. BAXTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 5437
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
03301 ~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 decree 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
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE : ~?.1~~~~
Brian K. Baxter
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BRIAN K. BAXTER, 1N THE COURT OF COMMON PLEAS
Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 07-5437
CAREN L. BAXTER,
Defendant, :CIVIL ACTION -DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under ' 3301(c) of the Divorce Code was filed on September
13, 2007.
2. 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements made herein are subject to the penalties of 18 Pa. C.S. ' 4944 relating to
unsworn falsification to authorities.
Date~~- Caren L. Baxter
Defendant
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BRIAN K. BAXTER,
Plaintiff,
v.
CAREN L. BAXTER,
Defendant,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-5437
CIVIL ACTION -DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301fc1 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.
I verify that the statements made in this affidavit aze true and correct. I understand that
false statements made herein aze subject to the penalties of 18 Pa. C.S. ' 4904 relating to
unsworn falsification to authorities.
Date Cazen L. Baxter
Defendant
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Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN K. BAXTER,
Plaintiff
vs.
CAREN L. BAXTER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
07 - 5437 CIVIL TERM
IN DIVORCE
ORDER OF COURT
IN RE: ALIMONY
AND NOW, this ~ day of ~ ~ 2008, is hereby
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Ordered and Decreed that Plaintiff, Brian K. Baxter, shall pay
Defendant, Caren L. Baxter, alimony in the amount of $200.00 per
month, effective January 1, 200$, in accordance with the terms
of paragraph 12 of their Post Nuptial Settlement Agreement dated
December 27, 2007 which shall be incorporated but not merged in
the Divorce Decree.
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Andrew C. Sheely, Esquire - ,'~~ 1 _ ~ -
Attorney for Brian K. Baxter, Plaintiff
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Thomas M. Clark, Esquire .~! ., ' '
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Attorney for Caren L. Baxter, Defendant
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I N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
BRIAN K. BAXTER,
Plaintiff
VERSUS
CAREN L. BAXTER,
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N O. 07 - 5437
Defendant
DECREE IN
DIVORCE
AND NOW, O , 2008
DECREED THAT BRIAN K. BAXTER
AND
CAREN L. BAXTER
IT IS ORDERED AND
PLAINTIFF,
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF nC0~2D IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTER~Y Division Of retirement benefits by
Qualified Domestics Relations Orders and Alimony pursuant to
December 27, 2007 Post Nuptial Settlement Agreement.
BY T
ATTEST:
J.
PROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs File No. Q `7 - S ~~ ~
. IN DIVORCE
C., a ~t ~ L ~ ax -f-e ,-~
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff /defendant in the above matter,
[select one by marking "x"]
prior to the entry of a Final Decree in Divorce,
or ~ after the entry of a Final Decree in Divorce dated ~a,~, . $~20 a g;
hereby elects to resume the prior surname of f'o ri ~ ,and gives this
written notice avowing his /her intention pursuant to the provisions of 54 P.S. 704.
Date: ,rQ ~. IS , ~ 0 0 ,~' ~ awe.,,. '~ ~a~rE~..--
Signature
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF C ~.•-ro <-r' ~a~.~
On the /~ day of ~~'ti ya-rY , 200 ~'', before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he /she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
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Prothonotary or Notary Public
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Andrew C. Sheely, Esquire
Attorney for Plaintiff
127 S. Market street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
BRIAN K. BAXTER,
Plaintiff
VS.
CAREN L. BAXTER, now
known as CAREN L. CRONE,
Defendant
IN THE COURT OF COMMON PLE of
CUMBERLAND COUNTY, PENNSYL?IA;;'=
CIVIL ACTION - LAW
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07 - 5437
IN DIVORCE
JOINT MOTION TO APPROVE ENTRY OF TWO (2)
QUALIFIED DOMESTIC RELATIONS ORDERS
TO COMPLY WITH PROPERTY SETTLEMENT AGREEMENT
Plaintiff, Brian K. Baxter, by and through counsel of
Andrew C. Sheely, Esquire, and Defendant, Caren L. Baxter, now
known as Caren L. Crone, Pro Se, hereby file this Joint Motion
seeking the entry of two (2) Qualified Domestic Relations
Orders in accordance with a December 27, 2007 property
settlement agreement reached in the above-captioned matter,
and respectfully state as foilows:
1. Plaintiff and Defendant execut.ed a property
settlement agreement on December. 27, 2007 as docketed in the
above-captioned divorce action on January 7, 2008.
2. Paragraph 8A of the December 27,. 2007 property
settlement agreement provides for the division of Plaintiff's
Highmark Investment Plan through rollover or transfer of an
amount to a separate account in Defendant's name in accordance
with the terms of the Plan Administrator.
3. Paragraph 8(B) of the December 27, 2007 property
settlement agreement provides for the payment of a percentage
of Plaintiff's accrued pension benefit to Defendant from
Plaintiff's Highmark Pension. Pan in accordance with
requirements of the Plan Admi ni :ltr.ator .
4. Plaintiff and Defendant request- the entry of a
Qualified Domestic Relations Ordem in the form attached hereto
to accomplish the intent of paragraph 8A of the December 27,
2007 property settlement agreement.
5. Plaintiff and Defendant request the entry of a
Qualified Domestic Relations Older ±;) 1I7 ,e form attached hereto
to accomplish the intent of paragrapl. 8B of the December 27,
2007 property settlement agr_eesr-ent.
6. Both Qualified Domestic Relations Orders attached
hereto have been presented co and reviewed by QDRO Consultant
Company which oversees and administers }he division of the
Highmark Retirement benefits referenced rierein.
7. Plaintiff and Defendant consent to the approval of
the attached Qualified Domestic Relations Orders.
8. The Honorable Edgar. Bayley entered prior Orders of
Court, including the Divorce Decree in the above-captioned
matter, however he is now retired and no judge has been
assigned to this case.
WHEREFORE, Plaintiff, Brian K. Baxter, by and through
counsel of Andrew C. Sheely, Esquire, and Caren L. Baxter, now
known as Caren L. Crone, Pro Se, respectfully request the
entry of a Court Order in the form attached hereto.
Date: January /l, 2013
Date: January 15, 2013
Respectfully submitted,
A drew C. Sheely,' squire
Attorney for Plaintiff
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Caren L. Crane, Pro Se
Defendant
5816 Fordham Avenue
Harrisburg, PA 17111