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HomeMy WebLinkAbout08-0590t? ERIC M. SPAHR, Plaintiff CUMBERLAND COUNTY, PA V. NO. G '1 U CWj ( DAWN A. SPAHR, Defendant IN THE COURT OF COMMON PLEAS CIVIL ACTION - LAW IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTYBARASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 AOM' ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC M. SPAHR, Plaintiff V. DAWN A. SPAHR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 3? 6 C ?vI fe?ru CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Eric M. Spahr, who currently resides at 708 Veronica Lane, Enola Cumberland County, Pennsylvania. 2. Defendant is Dawn A. Spahr, who currently resides at Three Bolton Drive, Long Valley, New Jersey. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 11, 2001 at Chester, New Jersey. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(a), (c) and 3301(d), in that: a. Plaintiff is the innocent and injured spouse as the Defendant has committed adultery. b. The marriage is irretrievably broken. c. Plaintiff and Defendant have lived separate and apart since August 18, 2007 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. [THEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 11, 2001, until August 18, 2007, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. DATE_ IiOf-09 Respectfully submitted, ABom&KUTULA"S, L.L.P. 1 Michelle L. So r, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint I, ERIC M. SPAHR, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ' Date 1 2S -2)93 ERIC M. SPAH AND NOW, this 25"' day of January, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Divorce Complaint by First Class U.S. Mail at the following: Dawn A. Spahr 3 Bolton Drive Long Valley, NJ 07853 Pro Se Defendant ?. Michelle L. Sommer, squire ?' ` W (?I ?= d -?, o w ?/.? l J'? \ G. ? ?? {? ? ?- ??? ra ::.:y ; . C^? _-?! _3 ?, ??7 ?t ? ?, ??_ cn1 - c,? a 6? ? -- ?:, -?: 0 n ? ?+ ? ?. ? ? A ?? e 1 F:\F1LES\C1ients\12925 Spahr\12925. Lpral Created: 9/20/04 0:06PM Revised: 2/6/08 11:32AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ERIC M. SPAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-590 CIVIL ACTION - LAW DAWN A. SPAHR, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant in the above matter. MARTSON LAW OFFICES By Je if L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: February 6, 2008 r l F CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michelle L. Sommer, Esquire ABOM & KUTULAKIS, LLP 36 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES C y - ()() ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 6, 2008 ?1 -77 _AOM & KN ULAKIS Michelle L. Sommer, Esquire Attorney I,D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC M. SPAHR, Plaintiff V. DAWN A. SPAHR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-590 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Michelle L. Sommer, hereby certify that I did serve a true and correct copy of the Complaint under Section 3301(c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Dawn Spahr, at Carlisle, Pennsylvania, addressed as follows: Dawn Spahr 3 Bolton Drive Long Valley, NJ 07853 Return card acknowledging receipt on January 28, 2008 is attached as Exhibit "A". Date: A VO ABOM & KUTULA"S, LLP Michelle L. Sommer, Esquire 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 93034 ¦ Complete items 1, 2. and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ A card to the back of the mallpiece, rrt if space permits. 1. AWWessed to: bo by' V-e- A. X 0 Agent 13 AddM OL-AwAbdd by (PIMSed N84*-l Cott Qf C D. le delivery address 2fiffemA from Item 1? t7 Yes If YES, enter delivery address below: ? No 3. Service Type ?C,erdfled Mao 0 Expeese Mail p 3 0 Re*ered 0 Rob^ Recept for Mero wxfte a 0 0 insured Mall 0 C.O.6. 4. Restricted DeUvery? OWm Feel p yes 2• Article Number 7 7 0 710 fl 3" -2210.2378 i" (rranslbr from wrvke kbW - dim . 11 Ps Form 3811, February 2004 Domestic Retum Receipt 102595-02- EXHIB17 `A" ? ` ? ?- ? .. . F:\FILES\C1ients\12925 Spahr\12925.I.retakenarne Created: 9/20/04 0:06PM Revised: 2/6/08 2:08PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ERIC M. SPAHR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-590 DAWN A. SPAHR, CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Defendant in the above matter hereby elects to retake and hereafter use her previous name of Dawn A. Gorman and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.S.A. Section 704. ( ature - married A) wn A. Spahrn lJ? . (Signature - to be known as) Dawn A. Gorman STATE OF COUNTY OF ?aGrx- )SS. On then day of Oil- , 200 r3 , before a Notary Public, personally appeared ,, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set m and and Not Seal. COMMONWEALTH OF PENNSYLVANIA l NOTARIAL SEAL Notary Public Victori#j,,Otto, Notary Public. Cmige Borough, Cumberland County My commission expires December 20, 2010 p a 09 CA\ f-- N 00 00 -r1 -mac 0 fi 4 n art S' ERIC M. SPAHR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-590 DAWN A. SPAHR, CIVIL ACTION - LAW Defendant IN DIVORCE ERIC M. SPAHR, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendent Lite [ x ] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, Jennifer Spears, Esquire. 3. The statutory ground(s) for the divorce are: §§ 3301(a), (c) & (d) 4. The action is contested with respect to the following claims: a. Date of Separation i. Plaintiff claims the date of separation in the Divorce Complaint to be August 18, 2007, while the Defendant claims the date of separation to be the date of filing of the Divorce Complaint on January 25, 2008. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: a. N/A DATE :41aq I90OR Miche e L. Sommer squire Attorney for Plainto' AND NOW 2008, Esquire, is appointed Master with respect to the following claims: BY THE COURT, J. C? ? ,: IN THE COURT OF COMMON PLEAS JUL 3 0 2008 ERIC M. SPAHR, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-590 DAWN A. SPAHR, CIVIL ACTION - LAW Defendant IN DIVORCE ERIC M. SPAHR, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, Jennifer Spears Esquire. 3. The statutory ground(s) for the divorce are: §§ 3301(a), (c) & (d) 4. The action is contested with respect to the following claims: a. Date of Separation i. Plaintiff claims the date of separation in the Divorce Complaint to be August 18, 2007, while the Defendant claims the date of separation to be the date of filing of the Divorce Complaint on January 25, 2008. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: a. N/A DATE ag ?aoog Mi6*g. Sommer squire Attorney for Plaintiff AND NOW, 31 2008, Esquire, is appointed Master with respect to the following claims: BY THE CO , J. Lz1 (' ?) ? <T m? - /r e 7p , y U-LU Ll- _C c..r 1?. f` a .: rri P:iFf M\C6mts\12925 Gomun\12925.1.snw w mmnw wpd Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ERIC M. SPAHR, Plaintiff V. DAWN A. SPAHR, n/k/a DAWN A. GORMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-590 : CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NEW MATTER Defendant, Dawn A. Spahr, now known as Dawn A. Gorman, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, files the following Answer to Plaintiff's Complaint (in Divorce) and New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. COUNT I 5. Paragraphs 1 through 4 hereof are incorporated herein by reference thereto. 6. Admitted. 7. To the extent that any response is required, Defendant denied that Plaintiff is an "innocent and injured spouse" or that she has committed adultery. Defendant further denies that the parties have lived separate and apart since August 18, 2007, and avers that the date of separation is the date Plaintiff filed the instant action, on January 25, 2008. 8. No response is required. 9. Admitted. CO` 10. Paragraphs i through 9 hereof are incorporated herein by reference thereto. 11. Admitted in part, denied in part. It is denied that the date of separation is August 18, 2007. It is admitted that the parties acquired marital property during their marriage. 12. Admitted. 13. Admitted. NEW MATTER COUNT III REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 hereof are incorporated herein by reference thereto. 15. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 16. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until a final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT IV REQUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTIONS 3104(A)(1), 3323(B), 3702, AND 4351(A) OF THE DIVORCE CODE 16. Paragraphs 1 through 15 hereof are incorporated herein by reference thereto. 17. Defendant has employed Jennifer L. Spears, Esquire, to represent her in this matrimonial cause. 18. Defendant is unable to pay counsel fees, costs and expenses and Plaintiff is more than able to pay them. 19. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that the Court enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Awarding alimony pendente lite, spousal support and/or alimony as the Court deems just and reasonable; C. Ordering payment of counsel fees, costs and expenses as the Court deems just and reasonable; and d. For such further relief as the Court may determine equitable and just. MARTSON LAW OFFICES sy . I's Ilk 91 Jennif Spears, Esquire 10 Eas gh Street Carlisle, PA 17013 (717) 243-3341 01 ' Attorneys for Defendant Date: VERIFICATION The foregoing Answer and New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Dawn A. Spahr, now kno as Dawn A. Gorman CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer to Complaint in Divorce and New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michelle L. Sommer, Esquire ABOM & KUTULAKIS, LLP 36 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES 'I'xiel D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 17, 2008 v IN. Ilk w /v b ate. lk, Q C7 ? cx7 - o l ERIC M. SPAHR, Plaintiff V. DAWN A. SPAHR, n/k/a DAWN A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-590 CIVIL ACTION - LAW IN DIVORCE THIS AGREEMENT, made this 2/?-day of & , 2009 between ERIC M. SPAHR, (hereinafter referred to as `Husband'), and DAN A. SPAHR, n/k/a DAWN A. GORMAN, (hereinafter referred to as `Wife'). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 11, 2001, in Chester, New Jersey; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; 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, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is represented by Jennifer L. Spears, Esquire, of Martson Deardorff Williams Otto Gilroy & 1 Faller. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, 2 which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein and discharge any and all such claims by each other against the other, and are, iter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other 3 counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as 4 such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. a. PHILLIP MORRIS PENSION. The parties agree that Wife shall be awarded 50% of the marital portion of Husband's retirement interest under the vehicle of a Qualified Domestic Relations Order ("QDRO"). b. PEPSI BOTTLING GROUP RETIREMENT PLAN. Husband will retain his interest in the Deferred Compensation Plan and Wife will agree to waive any interest she may have in Husband's Pepsi Bottling Group Retirement. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The 5 division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. Husband shall take sole ownership and possession of the 2007 Honda Civic. Wife shall take sole ownership and possession of the 2003 Toyota 4Runner. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefore. b. DISTRIBUTION OF PERSONAL PROPERTY. The parties 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, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. Each party has set for the various items of personal property they wish to retain as set forth in Exhibits "A" and "B" which Exhibits are attached hereto and made a part of this Marital Settlement Agreement. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. C. SALE OF REAL ESTATE. It is understood and agreed that the parties are joint owners of certain real estate located at 708 Veronica Lane, Enola, Cumberland County, Pennsylvania, 17025. This property is currently listed for sale with Century 21 Piscioneri Realty. The parties agree to split the proceeds of the 6 sale of the marital home equally, on a 50/50 basis. The parties also agree to share equally, all expenses, fees and taxes in connection with the sale of the martial home. 8. DEBTS. Wife will be solely responsible for payment of the Members 1St Credit Card with an approximate balance due of $3,800.00, the Citicard Credit Card with an approximate balance due of $3,095.00 and the Chase Credit Card with an approximate balance due of $4,806.00. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. 7 11. DIVORCE. A Complaint in divorce has been filed to Docket No. 08-590 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. MEDICAL INSURANCE. It is acknowledged that Husband's medical insurance through his employer presently insures Wife; however, upon the entry of the Divorce Decree Wife's coverage will be terminated through his employer. 13. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 14. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 15. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between 8 the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 17. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 18. 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. 9 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 21. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 22. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 23. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 24. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 10 25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: 4.y" 4'?- 2.,[ f?- (SEAL) ERIC M. SPAHR V (SEAL) DA W". SPAHR, Nk/a DAWN A. GORMAN 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this le- day of All , 2009, before me, the undersigned officer, personally appeared ERIC M. S AHR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. dl?d&m / L'Z?Z? NOTARY PUBLIC COMMONWEJILTH OF PENNSYLVANIA NOWW Sal Shannon L. Fnisme n, Notary Public carli* soro, cumbermw County My CommisaW Explra Apol 7.2013 Member, Peonsyly" AsaoddW of NoWn COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ,",-day of , 2009, before me, the undersigned officer, personally appeared DAWN A. SPAHR, n/k/a DAWN A. GORMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. RUT-MY-PUBLIq Comm" M KRA" No" pubft "" of ft* ion" I* C &"a "R 4. Sol! 12 - a?i?wn? M r?t?uo? r? w?N 1°?? vM :10! .? *00 wow Eric's Marital Proaerty List: Front Bedroom: All White furniture(headboard only on bed/not frame ) Personal items Dining Room: Nightstand lamps Pictures Front Bathroom: All items Living Room: Leather chairs Master Bathroom: Ottoman Personal items Radio Rug Office: Personal items Computer Printer Monitor Family Room: Keyboard Green chair Old desk Ottoman Old bookcase TV Old file cabinet Personal items Old chair Personal items Kitchen: Linen Closet: Cigar picture Rubbermaid trash cans Table/chairs Personal items Flatware JHenckels knives Master Bedroom: Glasses Mattress/Box Spring All Analon cookware Headboard/footboard All OXO cooking utensils TV All Pyrex cookware Nightstand lamps All baking cookware Personal items Blender Mini food processor Master closet: Crockpots Personal items Handmixer Electric carving knife Extra Storage: Colorful pasta bowls Personal items Basement: Patio: Weight System/bench Grill/all utensils Elliptical Small table/2 chairs Worktable Storage Cabinets Coat Closet: My tools Dyson vacuum Personal items Camera Personal items Exhibit "A" Garage: Edger Lawn mower Weed trimmer 1 Ladder Personal items 13 r Dawn's Marital Property List: Front Bedroom: Powder Room: Queen mattress/box spring All items Black lamp Mirror Dining Room: Personal items All other items Living Room: Back Bedroom: All other items All items Black Secretary Personal items Office: Family Room: Green chair/ottoman All other items Clock Sofa Table New bookcases Personal items TV Personal items Kitchen: New desk All other items Chair Basement: All other items Hallway up: Personal items Black table All items Garage: All other items Linen Closet: Personal items Personal items Master Bedroom: Patio: Dresser All other items Chest Nightstands Coat Closet: Armoire All other items All other items Personal items Extra Storage: Personal items Master Closet: Personal items Hallway Down: All items Master Bathroom: All items Personal items Exhibit "B" 14 "T THE F?XH',NCOWY 2-2 09 MA Y 19 A i i CT: c5 S' Michelle L. Som er, Esquire Attorney I.D. #: 3034 36 South Hanove Street Carlisle, PA 1701 (717) 249-0900 ERIC M. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-590 CIVIL ACTION - LAW IN DIVORCE DAWN A. PAHR, n/k/a DAWN A. GORMAN, Defendant 1. A 2. The in divorce under §3301(c) of the Divorce Code was filed on January 25, 2008. of Plaintiff and Defendant is irretrievably broken and ninety (90) days have from the date of filing and service of the Complaint. 3. I co sent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I veofy that the statements made in this affidavit are true and correct. I understand that false statements erein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ' 0 I DA SPAHR, n/k/a DAWN A. GORMAN f iLED--C i- CE OF THE' 2009 MAY 21 Pl 2: fl 1 RECEIVED MAY 13 2009 Michelle L. Somm r, Esquire Attorney I.D. #: 9 034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC M. SP HR, Plaintiff V. DAWN A. S AHR, n/k/a D WN A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-590 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I un erstand that I will not be divorced until a divorce decree is entered by the Court and that copy of the decree will be sent to me immediately after it is filed with the I verrifv that the statements made in this affidavit are true and correct. I understand that false statements rein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification o authorities. Date: DA . PARR, n/k/a DAWN A. GORMAN FILED ?: I=FIGE OF THE P-7711"', !"'y 2009 MAY 21 N t 2* Cs 1 V V ? ? t. d'? Syr' ERIC M. SPAHR, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 590 CIVIL DAWN A. SPAHR, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2009, the economic claims raised in the proceeding having been resolved in accordance with a marital settlement agreement dated May 18, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: <chelle L. Sommer Attorney for Plaintiff 1--Jennifer L. Spears Attorney for Defendant BY THE COURT, Q N Edgar B. Bayley, P.J. t C'j Fes' L2„ cr, T Cl- OM & &U ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC M. SPAHR, Plaintiff v. DAWN A. SPAHR, n/k/a DAWN A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-590 CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on January 25, 2008. 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ERIC M. SPAHR RLED 41F THE ApY 25,09 J";Y 27 Pii1 w: 24 OM & LITUI AKIS i Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ERIC M. SPAHR, Plaintiff V. DAWN A. SPAHR, n/k/a DAWN A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-590 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 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: -epz - ERIC M. SPAHR " TFE 'I,' ii .? C :ti 1 TV, 406 0 Michelle L. Sommer, Attorney I.D. #: 930: 2 West High Street Carlisle, PA 17013 (717) 249-0900 ERIC M. SP DAWN A. n/k/a DI fflR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-590 PAHR, CIVIL ACTION -LAW WN A. GORMAN, IN DIVORCE Defendant PRAECIPE TO TRANSMIT THE RECORD To the Prot Trani of a divorce 1. 2. 3. 4. it the record, together with the following information, to the court for entry Ground(s) for Divorce: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. Date and manner of service of the Complaint: a. Certified Mail, Restricted Delivery, January 28, 2008. Date of execution of the Affidavit of Consent required by 53301(c) of the Divorce Code: a. by Plaintiff: May 27, 2009; by Defendant: May 21, 2009. All economic claims previously raised have been settled by filing of the Marital Settlement Agreement dated May 19, 2009. A6 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: by Plaintiff May 27, 2009; by Defendant: May 21, 2009 Respectfully submitted, ABom & KUTULAKIs, L.L.P DATE Michelle L. Somm , Esquire Supreme Court ID #93034. 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff FI' 1.,.( r.. -7 f2 C+tJ?al E r4aitY f C lit , w `r ?r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC M. SPAHR V. DAWN SPAHR n/k/a DAWN A. GORMAN NO. 08-590 DIVORCE DECREE AND NOW, 4?...?. -3 it is ordered and decreed that ERIC M. SPAHR plaintiff, and DAWN SPAHR n/k/a DAWN A. GORMAN defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") None By the Court, 4Attt: J. Prothonotary s MAY 2120094 435593249 ) CASE NO. 08-590 Eric M. Spahr QUALIFIED vs. ) DOMESTIC RELATIONS ORDER Dawn A. Gorman ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA One Courthouse Square Carlisle PA 17013 WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Eric M. Spahr, whose current address is 708 Veronica Lane, Enola, PA 17025. (b) "Alternate Payee" shall mean Dawn A. Gorman, whose current address is 3 Bolton Drive, Long Valley, NJ 07853. (c) "Plan" shall mean Deferred Profit-Sharing Plan for Salaried Employees. 2. This Order relates to marital property rights. 3. The Alternate Payee is the Participant's spouse. 4. The Participant and Alternate Payee were married on 08/11/2001. 5. The Participant and Alternate Payee were legally separated or legally divorced on 11/07/2007. 6. The "Valuation Date" shall be 11/07/2007. 7. The Plan Sponsor is Altria Corporate Services, Inc. 8. The Alternate Payee's interest in the Plan shall be 50% of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Partici- pant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan bal- ance will not be included for purposes of calculating the account balance to be divided. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee will have the right to select the benefit form at the time the Alter- nate Payee becomes eligible and elects to receive a distribution. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the adminis- trative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payees account on the date the distribution is processed. 13. The Alternate Payee will have the right to designate a beneficiary. In the event that the Alternate Payee dies without designating a beneficiary, or if the beneficiary predeceases the Alternate Payee, the Alternate Payee's award will be distributed pursuant to the ad- ministrative procedures established for the Plan. However, all beneficiary designations must be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan and cannot be accepted in the Order. 14. Nothing contained in the Order shall be construed to require any Plan or Plan Adminis- trator to provide to the Alternate Payee any type or form of benefit or option not other- wise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO before this Order is determined to be a QDRO. 15. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Ad- ministrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 16. The Parties shall notify Fidelity's QDRO Administration Group promptly of any address change. Notification should be sent to FESCo, QDRO Administration Group, P.O. Box 770003, Cincinnati, OH 45277-0066. 17. The one time determination fee for review of the Domestic Relations Order will be allo- cated 50% from the Participant's account and 50% from the Alternate Payee's account. The fee will be taken from the investment options in the applicable account(s) according to the plan level fee method as of the date the fee is deducted. Attorney For Alternate Payee: Jennifer Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 tID r3? Dated: O. N&# Attorney For Participant: Michelle Sommer, Esquire Abom & Kutulakis 36 South Hanover S Carlisle, PA 17013 Judge Of the Court: Track No: 435593249 ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Fidelijy Q RO Administration ONLY Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in pub- lic records to prevent identity theft. Therefore, please forward the following information sheet to Fidelity Employer Services Company LLC when you submit the court certified copy of your Do- mestic Relations Order. Do NOT file the Addendum with your court when you file your Domestic Relations Order. In accordance with D.O.L Field Assistance Bulletin 2003-03, the Parties to the Domestic Rela- tions Order are notified as follows: Defined Contributions Plans are allowed to assess a fee for the review to determine whether the Order is "Qualified" Domestic Relations Order. Please consult the Plan's QDRO Approval Guidelines and Procedures to determine if the Plan assesses a fee for review and the amount of that fee. Please send your court certified copy of the Domestic Relations Order to: Attn: Altria Corporate Services/Philip Morris USA Fidelity Investments P. O. Box 770003 Cincinnati, OH 45277-0066 ALE£ND`'r;GE OF T, HE PROP tONOTAPY 2009 JUN 10 AM 11 5 4 7 li°t kk !l # i /!'1''eiY?? L i'1'a4 ?'t{ eo P 444y J S .s ? 1 /V F:`,.FILES\C1ients\12925 Gorman\12925.1.petitionwithdraw Revised: 1'14/10 LI.UAM FILED-,J: ` Y Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OT-FO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ERIC M. SPAHR, v. 2010 JAN 14 PH 4: 15 Cu't t IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, Pl?NNSYLVANIA NO. 08-590 CIVIL ACTION - LAW DAWN A. GORMAN, f/k/a DAWN A. SPAHR, Defendant IN DIVORCE PETITION TO WITHDRAW APPEARANCE AND NOW, comes MARTSON LAW OFFICES, who petitions this Court for leave to withdraw as counsel for Defendant, Dawn A. Gorman f/k/a Dawn A. Spahr in the above-captioned matter and in support thereof avers as follows: 1. Defendant is Eric M. Spahr, and is currently represented by Michelle Sommer, Esquire. 2. Defendant is Dawn A. Gorman f/k/a Dawn A. Spahr and is currently represented by Jennifer L. Spears, Esquire, of Martson Law Offices ("Petitioner-Attorney") 3. A Divorce Complaint was filed on January 25, 2008. 4. Petitioner-Attorney began representation of Defendant on or about February 6, 2008. 5. A Decree in Divorce was issued on June 3, 2009. 6. Petitioner-Attorney has been informed by Plaintiff's attorney that she may be filing a Petition for Enforcement and Contempt regarding a breach by Defendant of the Marital Settlement Agreement dated May 18, 2009. 7. Petitioner-Attorney and Defendant have mutually agreed that Petitioner-Attorney should withdraw her appearance as counsel for Defendant. Defendant's consent to Petitioner- Attorney's withdraw as counsel is attached hereto as Exhibit "A." 8. Petitioner-Attorney has informed Michelle Sommer, Esquire, attorney for Plaintiff, and she does not concur with the relief requested in this Petition. 9. The Honorable Kevin Hess issued the Decree in Divorce in this matter. WHEREFORE, Jennifer L. Spears, Esquire, Martson Law Offices respectfully requests this Honorable Court to grant her Petition to Withdraw Representation as Counsel of Defendant in the above matter. MARTSON LAW OFFICES By Jennifer L. p ars, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: ? ?(? ? O Ia \FILES\Clients\12925 Gorman112925.1.concurrence Jennifer L. Spears, Esquire ,%,IARTSON DEARDORFF WILLIAMS OTTO GIL ROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA. 17013 (717) 243-3341 Attorneys for Defendant ERIC M. SPAHR, _ _ -_-- IN THE COURT OF COMMON P:.,EAS OF Plaintiff CUMBERLAND COUNTY, PEN` SYLVANLA V. NO, 08-590 CIVIL ACTION - LAW DAWN A. GORMAN, f%k/a DAWN A. SPAHR, Defendant IN DIVORCE CONCURRENCE 1, Dawn A. Gorman, f/kfa Dawn A. Spahr, Defendant in the above matter, c, )ncur with the withdraw ofMartson Law Offices and Jennifer L. Spears, Esquire, as my couns,,+ I understand that I will be considered Pto,Se until I obtain counsel. Dawn A. Gorman, f%k/e Dawn A. Spahr, Defendant EXHIBIT "A" VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Jennifer L. pears, Esquire Dated: 1 t CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Withdraw was scrved this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michelle Sommer, Esquire ABOM & KUTULAKIS Two West High Street Carlisle, PA 17013 Ms. Dawn A. Gorman 3 Bolton Drive Long Valley, NJ 07853 MARTSON LAW OFFICES rBy Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 111A1110 ERIC M. SPAHR, Plaintiff VS. DAWN A. GORMAN f/k/a DAWN A. SPAHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-590 CIVIL : IN DIVORCE IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER AND NOW, this Zg - day of January, 2010, a rule is issued on all parties to show cause why the relief requested in the within petition to withdraw as counsel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Coats rrVttdECC "j'-( 1. S'fezas llzello tm/n CC) ?F:\F1LES\CGents\12925 Gorman\12925.Epelitionrule Revised: 4/8110 9:19AM Jennifer L. Spears, Esquire 0 ? jug MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES [•,Ul? =1= ri 1 ?tN I.D. No. 87445 FC ?r 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ERIC M. SPAHR, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-590 CIVIL ACTION - LAW DAWN A. GORMAN, f/k/a DAWN A. SPAHR, Defendant : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes MARTSON LAW OFFICES, attorneys for Defendant, Dawn A. Gorman f/k/a Dawn A. Spahr, and files this Petition to Make Rule Absolute and in support thereof, states as follows: 1. Petitioner-Attorney filed a Petition to Withdraw Appearance on or about January 14, 2010, requesting this Court to withdraw her appearance as counsel for Defendant Dawn A. Gorman f/k/a Dawn A. Spahr. 2. In a Rule to Show Cause entered on January 28, 2010, this Court granted the Plaintiff's counsel and Defendant twenty (20) days to file a response to the Petitioner-Attorney's Petition. 3. The Petitioner-Attorney served the Rule on Plaintiff's counsel and Defendant on or about February 17, 2010. 4. To date, neither Plaintiff s counsel nor Defendant have filed a response to this Court's Rule. WHEREFORE, Jennifer L. Spears, Esquire, of MARTSON LAW OFFICES respectfully requests this Honorable Court to grant her Petition to Make Rule Absolute to allow her to withdraw as counsel of record for Defendant in the above matter. Date: ?? ID MARTSON LAW OFFICES By Jennifer L. pears, Esquire 10 East Hit Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ao?? Jienhifq?tW Spears, Esquire Dated: ` J '? CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michelle Sommer, Esquire ABOM & KUTULAKIS Two West High Street Carlisle, PA 17013 Ms. Dawn A. Gorman 3 Bolton Drive Long Valley, NJ 07853 MARTSON LAW OFFICES By Tricia D Eckenroad Ten Ea High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?-I 2S /o ° ppg U y 2010 ERIC M. SPAHR, V. Plaintiff DAWN A. GORMAN, f/k/a DAWN A. SPAHR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-590 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this /Z6day of 2009, upon consideration of the Petitioner- Attorney's Petition to Make Rule Absolute, it is hereby Ordered that the Rule which was issued upon the Plaintiffs counsel and Defendant on or about January 28, 2010, is made absolute and said Petitioner, Jennifer L. Spears, Esquire, of Martson Law Offices is granted leave to withdraw as counsel, and hereby is withdrawn as counsel for Defendant Dawn A. Gorman f/k/a Dawn A. Spahr. BY THE COURT, Hess, P.J. cc: M' helle Sommer, Esquire - Attorney for Plaintiff 7 fifer L. Spears, Esquire - Attorney for Defendant Dawn Gorman, Defendant I n C T j7 7 V) T , j 'L3 `-i