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HomeMy WebLinkAbout08-1024David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 dames A M' r, Esquire MILLER SITT LLC Attor y for Plaintiff Poplar Church Road Camp Hill PA 17011 (717) 737 6400 1 1% David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA Number Z; P J°a Y ?`'"'•.l 72., V. ' Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1, Plaintiff is David W Lambert III, who currently resides at 39 Mahanoy Valley Road, Duncannon, Cumberland County, Pennsylvania, 17020. 2. Defendant is Lisa A Lambert who currently resides at 132 Upper Bailey 17074. Road, Newport, Cumberland County, Pennsylvania, 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 22, 1985, in Cumberland County, Pennsylvania. 5. There has been a prior action for divorce or annulment between the parties. g. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties have acquired certain property and assets which constitute marital property. 13. This Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree: 1. dissolving the marriage between Plaintiff and Defendant; 2. equitably distributing all marital property pursuant to section 3502 of the Divorce Code; 3. award Plaintiff exclusive possession of the marital residence. Respectfully Submi ed ames A Mill, Esquire MILLER L SITT LLC Attorne or Plaintiff 76 oplar Church Road amp Hill PA 17011 (717) 737 6400 David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Perry COUNTY, PENNSYLVANIA V Number Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in this DIVORCE COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. David W Lambert III, Plaintiff W I (Ali 0 a? Z Cl f - t.. rv :a C3 Z t 3 L t" David W Lambert III Plaintiff V. Lisa A Lambert Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-1024 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 J?"6s Miller, Esquire 1VI1 R LIPSITT LLC Atforney for Plaintiff 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 1. - y David W Lambert III Plaintiff V. Lisa A Lambert Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-1024 Civil Term CIVIL ACTION - LAW IN DIVORCE Amended COMPLAINT IN DIVORCE 1. Plaintiff is David W Lambert III, who currently resides at 5465 Eagles Ridge Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Lisa A Lambert who currently resides at 5465 Eagles Ridge Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 7 1983, in Cumberland County, Pennsylvania. 5. There has been a prior action for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. COUNT II EQUITABLE DISTRIBUTION OF PROPERTY 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The parties have acquired certain property and assets which constitute marital property. 13. This Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree: 1. dissolving the marriage between Plaintiff and Defendant; 2. equitably distributing all marital property pursuant to section 3502 of the Divorce Code; 3. award Plaintiff exclusive possession of the marital residence. Respectfully Submitted, Jam Mill r, Esquire LER LIP ITT L L C Attorney r Plaintiff 765 plar Church Road dmp Hill PA 17011 (717) 737 6400 r rv °. ca Z7 ? cr% M David W Lambert III Plaintiff V. Lisa A Lambert Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-1024 Civil Term CIVIL ACTION - LAW IN DIVORCE POST NUPTIAL AND PROPERTY SETTLEMENT AGREEMENT BY AND BETWEEN April 16 2oo8 Diane M Dils Esquire Counsel for Defendant Dils & Dils 1400 North Second Street First Floor Harrisburg, PA 17102 (717) 232-9724 James A Miller Esquire Counsel for Plaintiff Miller Lipsitt LLC 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 Lambert MSA TABLE OF CONTENTS SECTION PAGE 1. SEPARATION AND NON INTERFERENCE: ............................... .. 3 2. . ........................................... RECONCILIATION: ............. .. .. 4 .. ....................................................................................................... .. 3. ENFORCEMENT: .................................................................. .. 4 4. .. ...................................................... SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND .. EXPENSES : .................................................................................................................................................. .. 5 SON'S HEALTH INSURANCE: ...... 7 5- ................................................................................................. EQUITABLE DISTRIBUTION: ..................................................................................................... .. .. 7 A. PREFACE: ..................................................................................................................................... .. 7 B. DISTRIBUTION OF ASSETS: ............................................................ . 8 .. ...................................... 1. WIFE'S ASSETS: ............................................................................................................. .. . .. 8 .. ... ..... 2. HUSBAND'S ASSETS: .............................................................. ... . .. 9 . ... ............................................. 3. ASSET DIVISION: . . 9 ... .................................................................................................................... . A. REAL ESTATE: ....................................................................................................................... 9 5465 Eagles Ridge Lane, Enola, Cumberland County, Pennsylvania (marital residence): ................... 9 B. DISTRIBUTION AND WAIVER OF PERSONAL .............................................................. 11 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: .................................................................................... 11 C. INTENT: ................................................................................... ... .. 12 6. . .. ..................................... AFTER ACQUIRED PROPERTY :.................................................................................................. 13 7 DEBTS: . ............................................................................................................................................. 13 A. Wife's Debts: ............................................................................... ... .. 13 B. . ... .......................................... Husband's Debts: .................................................................. 14 C. .......................................................... Marital Debts /Indemnification: ..................................................................................................... 14 8. FULL DISCLOSURE: .............................................................. ... .. 15 9. . .. ................................................ RELEASES: ........................................................................ ... . 15 10. . ... ...................................................... BREACH: .......................................................................................................................................... 16 11. REPRESENTATION: ...................................................................................................................... 16 12. VOLUNTARY EXECUTION: ............................................................ . 17 13. .. ........................................... ENTIRE AGREEMENT: ....................................................... 17 14. .......................................................... PRIOR AGREEMENT :....................................................... ... .. 17 15. .. . ..................................................... MODIFICATION AND WAIVER: .......................................................... . 17 16. .. ..................................... GOVERNING LAW: ............................................................... ........................................................ 17 17. INDEPENDENT SEPARATE COVENANTS: ............................................................................... 18 18. VOID CLAUSES: .............................................................................................................................. 18 19. DISTRIBUTION DATE: ..................................................... .. . 18 20. . ... ...................................................... DATE OF EXECUTION: 1 ................................................................................................................. 8 page 2 Lambert MSA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of April, 2oo8 by and between David W Lambert III, hereinafter called "Husband", and Lisa A Lambert, hereinafter called "Wife". WHEREAS, Husband and Wife were lawfully married on May 7 1983 in Cumberland County, Pennsylvania; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle 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 Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. 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. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be page 3 Lambert MSA necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Husband has filed with the Cumberland County Court of Common Pleas, Pennsylvania, a no-fault divorce action pursuant to Title 23, section 3301(c) of the Pennsylvania Divorce Code and amendments thereto. Wife has accepted service thereof including service of the amended divorce complaint. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each parry as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the praecipe to transmit the record to conclude the divorce. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action as soon as is practicable within the time frame permitted pursuant to the Rules of Civil Procedure. Each party shall further execute any and all documents which may require page 4 Lambert MSA his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have each been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in the pending divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband acknowledges that Wife earns approximately $83,000.00 annually along with benefits at the time of execution hereof. Wife acknowledges that Husband earns approximately $50,ooo.oo annually along with benefits at the time of execution hereof. Accordingly, the parties acknowledge that Wife's annual earnings at the time of execution hereof exceed Husband's annual earnings by approximately 28%. This compelling and significant earnings distinction between the parties generally would lend itself to Wife having additional financial obligations to Husband pursuant to 23 Pa CSA sections 3502 and 3701 than page 5 Lambert MSA Husband would have to Wife. However, the parties have chosen to essentially minimize this distinction but translating it into alleviating any child support obligation Husband would have to Wife during their minor child's minority or anytime thereafter and so long as primary physical custody is with Wife. In addition, the parties have agreed and set forth hereinbelow the distribution of their assets and debts which effectively amounts to a greater percentage in Husband's favor. Moreover, Wife shall not have alimony, alimony pendente lite, spousal support, counsel fees, costs and/or expenses obligations to Husband. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. Wife does hereby acknowledge that Husband has not asserted his claims against Wife for spousal support, alimony pendente lite and/or alimony and Husband acknowledges that he shall not assert such a claim in this divorce action. Husband's waiver of his rights to assert his claims for spousal support/APL/alimony is contingent upon Wife's ongoing agreement and obligation to forego her right to receive child support from Husband during their minor child's minority and so long as Wife is the primary physical custodian of the minor child. The parties acknowledge that if they each were to assert their respective claims for support against the other, ie, child support claim by Wife against Husband and any form of spousal support claim by Husband against Wife, then after offsetting their respective obligations, Wife would be obligated to pay an amount unto Husband. In consideration of their waivers, they do each hereby further acknowledge that the provisions made for equitable distribution and support herein satisfactorily resolve any and all claims either would have against the other for any and all economic matters arising from their marriage including, but not limited to, child support. The parties do hereby further acknowledge that the foregoing support page 6 Lambert MSA assessment is in part based upon Wife having primary custody of their minor child. In the event Husband were to have primary physical custody of the minor child at some point in the future, Husband does hereby agree and acknowledge that the provisions made herein relating to support and equitable distribution take into account the current custodial circumstances and anticipate any possible change therein including Husband having primary physical custody of the minor child. Taking into account all possible custodial situations, the parties do hereby agree that in the event Husband were to have primary physical custody of their minor son, Husband shall not seek child support from Wife. Instead, the parties do agree to equally share on a fifty-fifty (50/5o) basis the expenses associated with their son. Likewise, Husband shall not assert any right, claim and/or interest against Wife for support, alimony pendente lite and/or alimony. SON'S HEALTH INSURANCE: Husband and Wife agree that in further consideration of the provisions hereinabove relating to all forms of support and waivers thereof as well as those relating to equitable distribution hereinbelow, Husband shall continue to provide health insurance for their son until he graduates from high school. Husband shall continue to pay for their son's health insurance upon graduation from high school only in the following instances and provided: 1) it is offered through Husband's then employer; 2) it is available in like terms and dollars (adjusted only for inflation) as that which Husband currently has in place; and 3) their son attends an accredited college of advanced study without interruption in his studies for a period of no more than four (4) academic years from the date upon which he graduates high school. The parties shall equally share in any unreimbursed medical expenses. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates and in so doing, have utilized various methods to arrive at such valuations including but not limited to supplying to and sharing between page 7 Lambert MSA each other 1) written, documented, statements of value, 2) fair market valuations, 3) stipulated valuations, 4) professional appraisals, 5) expert opinions, and/or 6) such other methods of valuation as permitted by the Pennsylvania Divorce Code. Based upon the asset valuations coupled with the parties' disparity in incomes when set against 23 Pa CSA sections 3502 (equitable distribution) and 3701 (alimony), the parties do hereby further desire to effectuate the division of all assets by these terms of settlement with a greater percentage of distribution in Husband's favor as indicated hereinbelow on the graph in section 5,B3,B2 below. The parties further acknowledge that they have not valued Wife's Rite Aide stock options or her Rite Aide stock holdings but instead, are simply allowing Wife to keep said asset(s) without division unto Husband or any consideration except for the division of assets as set forth herein and the waivers of support as set forth hereinabove. Likewise, the parties have not valued Husband's Blue Cross pension but instead, are simply allowing Husband to keep said asset(s) without division unto Wife or any consideration except for the division of assets as set forth herein and the waivers of support as set forth hereinabove. Accordingly, Wife's retention of her Rite Aide assets further inures to her benefit as does Husband's retention of his Blue Cross pension. Consequently, said graph reflects the asset division but does not completely and accurately depict the percentages in light of Wife's unvalued interests in her retained Rite Aide stock and stock options and Husband's Blue Cross pension. Husband does hereby release any and all of his right, title, claim, and/or interest in Wife's Rite Aide stock and stock options in exchange for the asset division and support provisions as set forth herein and as further depicted hereinbelow. Wife does hereby release any and all of her right, title, claim, and/or interest in Husband's Blue Cross pension in exchange for the asset division and support provisions as set forth herein and as further depicted hereinbelow. B. DISTRIBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets so identified within this agreement; said assets shall be page 8 Lambert MSA and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. 3. ASSET DIVISION: The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 5465 Eagles Ridge Lane, Enola, Cumberland County, Pennsylvania (marital residence): 1. Husband and Wife are the joint owners as tenants by the entireties the real property known as 5465 Eagles Ridge Lane, Enola, Cumberland County, Pennsylvania. The property is currently encumbered by a Chase mortgage and Members 19t line of credit; each shall be paid off in full at the time of settlement on or about April 18 2008. At said time, all outstanding obligations associated with the residence including but not limited to the Chase mortgage and Members 1st home equity line of credit, real estate taxes, utilities, municipal liens and charges, real estate commissions, transaction fees, document preparation fees, notary fees, satisfaction fees, transfer taxes, the Home Depot charge account balance, the Circuit City page 9 Lambert MSA charge account balance, the Bank of America automobile loan for Wife's Acura as identified hereinbelow in section 5,B3,B3 as well as reimbursement for the loan against Husband's 401k shall be paid from the net proceeds. Thereafter, the balance of the net proceeds shall be equally divided between the parties. The following chart is in large part the anticipated division and reflects the foregoing identified deductions: Home-Item Value husband wife Sale rice - 5465 Eagles Ridge Lane $349,900.00 commissions $15,745.50 1% transfer tax ($3,499.00) Chase Mortgage ($175,207.00) Members 1st line of credit $12,450.00 Home Depot & Circuit City $2,000.00 wife's vehicle $27,650.00 401k payback loan $9,300.00 Members 1st motorcycle loan $5,720.00 net $98,328.50 $49,164.25 $49,164.25 2. The net proceeds after deducting the parties' outstanding joint obligations as indicated hereinabove shall be divided between the parties at the time of settlement as identified hereinabove and shall be free from any claim of the other party. 3. Pending the April 18 2oo8 settlement, the parties shall be free to share possession of the premise but shall remain civil with each other while so cohabitating. Further, the parties shall continue to be equally responsible for all debts associated with the premise including but not limited to any mortgage payments, any and all utilities, real estate taxes, municipal charges and/or liens. 4. The parties shall equally share all permissible deductions associated with the premise at the time of filing their respective, separate 20o8 tax returns. Such items include all interest paid, real estate taxes and any other permissible expense(s) paid by the parties. page 10 Lambert MSA B. DISTRIBUTION AND WAIVER OF PERSONAL i) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 40ik's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. By way of further definition, the parties hereby incorporate the following chart which is representative of their intended asset allocation and division: Pro /Assets Value Husband Wife home - net proceeds $ 98,328.50 $ 49,164.25 $ 49,164.25 Vanguard $ 73,673.00 $ 73,673.00 Principal retirement QDRO $ 70,376.00 $ 42,615.41 $ 27,760.59 Rite Aide Retirement $ 60,000.00 $ 60,000.00 10000 stock option shares - Wife's Rite Aide stock - Etrade - Wife's 4 Runner $ 13,125.00 $ 13,125.00 Acura $ 25,475.00 $ 25,475.00 04 Honda Bike $ 4,330.00 $ 4,330.00 Members savin s $ 1,000.00 $ 1,000.00 Members checking Members CD $ 5,438.00 $ 5,438.00 Blue Cross Pension - Husband's Total Distribution $ 351,745.50 $ 182,907.66 $ 168,837.84 Percenta es 52% 48% page 11 Lambert MSA 3. PRINCIPAL RETIREMENT QDRO: Wife shall receive by way of a qualified domestic relations order ("QDRO") from Husband's Principal Retirement the total sum of $27,76o.59. Subsequent to the entry of the final decree in divorce, Husband shall undertake the necessary steps to transfer said sum(s) unto Wife. The parties shall share any costs charged by Principal in conjunction with the QDRO transfer. 4. Automobiles/Vehicles: Husband and Wife agree that the vehicles in their respective physical possession shall remain the possession of the parry and each shall cooperate if necessary in executing any and all documents to reflect such ownership, including but not limited to titles, insurance documentation and registration forms. Specifically, Wife shall retain the Acura and Husband shall retain the Toyota 4 Runner. Husband and Wife do hereby waive, release, and relinquish any and all claim to or interest in the motor vehicle in the possession of the other. If the title to any vehicle is encumbered by any debt or obligation, Husband and Wife agree that they shall each be solely responsible for and shall pay and satisfy said obligation, in accordance with its terms and provisions, and shall indemnify and save the other harmless from any loss, cost, or expense caused to either by their failure to make payment of such debt. C. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute page 12 Lambert MSA and deliver to the other any deeds,! documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. The parties do hereby acknowledge that they shall be entitled to the Federal Government tax incentive plan initiated to kick start the economy. It is anticipated that Wife shall retain any incentive received for their son. However, the parties shall equally divide any incentive they jointly receive based upon their jointly filed 2007 tax return. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 7. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for page 13 Lambert MSA which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' 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 shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. C. Marital Debts /Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against page 14 Lambert MSA either parry which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of said page 15 Lambert MSA marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. io. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 11. REPRESENTATION: a. It is recognized by the parties hereto that each party has the right to be represented by counsel by his or her own free and voluntary choosing. It is fully understood and agreed that he or she has the right to have advice of counsel prior to the signing of this Agreement. By the signing of this Agreement, Husband and Wife recognize that he and she fully understand the legal impact of this Agreement and waives his or her right to have the Agreement reviewed by an attorney of his or her choosing, and further intends to be legally bound by the terms of this Agreement. b. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not desire to have or become possessed of any property of the other party or any interest therein which the other party page 16 Lambert MSA now owns or hereafter may own, except as expressly provided for in this Agreement. 12. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each parry acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 13. 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. 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect with the exception of the attached terms herein in Exhibit A. 15. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. page 17 Lambert MSA 17. 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. 18. VOID CLAUSES: 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 continue in full force, effect and operation. i9. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. 20. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either parry executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: David Lambert III Lisa A Lam ert page 18 Lambert MSA Commonwealth of Pennsylvania : . ss. COUNTY OF Cumberland On this, the 16 day of April, 2008 before me, a Notary Public, personally appeared David W Lambert III, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . ss. COUNTY OF Cumberland On this, the 16 day of April, 2008 before me, a Notary Public, personally appeared Lisa A Lambert, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLI Nftaft A. in nfty pd* y Commission Expires page 19 Commonwealth of Pennsylvania : ?',?;?'',?r ??? ;txlza!! Pict ,?•°.. A ws4 ?vE ?. tm .. A <`.r s i oo vx, Lambert MSA DISTRIDT.M IN OF LAl.UfR.RRTS A99RTS T ivi•rs Rprfrh Srt -• Dwvir f.ltl:r:rl'Iu7las•• 1.ixu f:inkudd(:hwTji iPictuly- 1.1aa T,1{ Lamps 1.1sa Luther Iucniturc - Ll;tvid Sc:Q mm in LR- Lisa Cwt Bcnah-Lisa •Tnblc in T R - T hwid 7-5 Yi- c;Lae=k - ?.iefi f inkaxie + utirmi in f)iuin • Ruurn 1.i41 %Wall IIm, .,, :n DR Lisa Tabic, Autcb :tai Chairs in 1•]A--Davkl Piklwx wAi 'Bo l - T.iaa T <mE-Awg o• yl u(I' ip Ki I r:hun - T •i u: Pliu trvn45h dislitn - T)iivid • Kltthen Akl ftitixcr David fLA f3lerdet • Lisa. PO Y a!ui fans • Lma Sil-LWwwc - Lisa Dvi% ;T urUMils - Spl;i. [:nxk - TA Your_dem 134,ket D2vid Kitchcn•Bas4:ecs Lisa Pi, trot aml Scant scr in loudly Room- Lisa of 11 baslu;l ull Rack - Split Tree vid T UA-Ct - Tire: lbaslrA ul,ove tl)MLVr te,rert - • T&v id l,O,Lu r oven Lisa ThIce picce crtd mWc- set • lucid Fmi;fly room Furninlro - Lisa PR Lamps Duvicl Thraapiecar:undlm4 • livid tii_ilcaJe cabin • David Newspaper Laske- Lisa Cirr:ea>:+t Aej -Liss lVf aching ahcl l urd %-fe - Spli l: Powder r(Krm T.isa liitkchi•1'v'aodsw•mund,,Knm)d-Allavicl; L4.4A Ntandon Barn Lisa Thomas Kinkade upsrairs David , C;n:un housc pidurc in bedroom -• 1 i `. v. IV-'.11 in mvh in-e- Vic: IIWI - TA Wt PIVCiuu, rrrimIo°nlg-»pli( Jmlelrc• and Jeweky Box - U.WL page 20 DISITILIBUHN OF 1.:13113):lt9 :L55L't'S ion, . Ila!)ipcr 1}n"d D,Arooui L-IgW • Lisa 13atL-o mn l'icttn'cs -Lisa Rs+b-oom brr4l w.-manxiti - Thivid NIA--ur 31tAkr1 - I 'isa 1:66wiclrn N41ttx-I .i,a Cre:tclrr:Tl: I .IAL S=uelti?¢r? ; 11 mil C:om bas an 17srrld l effigm, for Dtrvrd Lias GAU - Lisa T-Tpyrjoflp+§Tt Ihine-T)}Jrl&l PrGr.?.IiC Irt 1ldIIIC1IC}? IZ UU:11 Lisa E' ULUV,, in Rahway • Lisa C:rnnlwar Lisa 'toll TOP Desk- • D nid Cluxry Slr;::f-T i4a -f in in, 1111% T.i?fu C ompukr Clair -•• I Am i3TUt1tlt)et , Bedroom fnrnirure 1;33 ,1-,,.% I? %-'Wshar ' David Blue chmir • %_7S;1d 1 . limn cm 1•lR t+• - Lisa Iruming',Xardand Iron •1-1sa D i nifIR Low. Ylaetar •• • Lisa trnrrt!'orchCr mirs-]L'-m Iysnic]jCLST.R Sol. -1):s•i•T ,SC71 y TV - T)uvid _ 7 Snsa.vltlr),ver David t ?I! i Caw Law6nowerS Da id ,.7, 1 Jam! -I.irV ~4Y' - ;' Tools -178;'1{? ? it Resk Tool ,su:-Jiva T ITm-1- fiIA Onk scuts and Uble L:S3 hy?un Vac C.ist+_ 5bampcocr Lisa All NIonny in wuouuts m lx; spb I Fw4 401K to be spli I All lawns 10 W Paid of•L, t ?[f L I y r "1,l„••.1 l`?- '-"5~ t,,:+ r `!Jr ... `+IL?-'??'?.1 `} -? • t.V' Ir 1- \r?J ., i ?i e 7 Lambert MSA page 21 ? , ?? =;?? . ? ?? rt `?'° ?' ? • r > ?f 1 (?..? 1J C 3 ? ? ? -? ?? 's -%, ryf a? ? ? h ' .?. ? David W Lambert I I I IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Lisa A Lambert, Defendant in the above captioned divorce action, hereby accept service of the amended divorce complaint filed to the above term and docket. DATE: 1-4 Zdb? C iiaa - n 4" - y Lisa A Lambert m rn r . c N --6 ED . v David W Lambert III Plaintiff V. Lisa A Lambert Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-1024 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Lisa A Lambert, Defendant in the above captioned divorce action, hereby accept service of the divorce complaint filed to the above term and docket. DATE: c0_ 162??L_ ??? Lisa A Lambert r? r rn? N B w ,,. _ (-j David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 14 2008 and an Amended Complaint in Divorce was filed on March 6 2008; service was obtained upon the defendant by Defendant personally accepting service thereof on March 7 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 authorities. Date: J w David Lambert III r-a C`> i_ -µs` David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 14 2008 and an Amended Complaint in Divorce was filed on March 6 2008; service was obtained upon the defendant by Defendant personally accepting service thereof on March 7 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 authorities. 0 t- - Y-)[? ? ? " " 1 z /- - Date: Lisa A Lam ert C? C:= p G a N "PIP o E ?p "'; 22 David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. 1 verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. Date: (G 2e!b???",1,.4< <.r David W Lambert III C"3 ? q t?' ?" ? ?T, ?--s .? '""?^ David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. 1 verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities. '? n Date: Lisa A Lambert r-a David W Lambert III Plaintiff V. Lisa A Lambert Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Number 08-1024 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 14 2008 and Defendant personally accepted service thereof on February 21, 2008; an Amended Complaint in Divorce was filed on March 6 2008 and Defendant personally accepted service thereof on March 7 2008. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: July 16 2008 by Defendant: July 16 2008 4. Time Stamped date of Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: July 21, 2008 by Defendant: July 21, 2008 5. Related claims pending: There are no related claims pending. Respectfully S bmitted, B ',-? Jarrjarg A IW e, Esquire LER LIPSITT LLC Attorney for Plaintiff 765 Poplar Church Road Camp Hill PA 17011 (717) 737 6400 s•a D -n C-) T'n C ? 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ld%Wf. PENNA. David W Lambert III Plaintiff Lisa A Lambert VERSUS Defendant No. 08-1024 DECREE IN DIVORCE V?A4 AND NOW, IT IS ORDERED AND David W Lambert III DECREED THAT PLAINTIFF, Lisa A Lambert AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered that the terms of the attached April 16 2008 Post Nuptial and Property Settlement Ag into cree E incorporated, but not merged ATTEST' J PROTHONOTARY . 6 ?' Ap "FV 7kV J6;w _ e gyp, 'ce "G David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE MOTION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER NOW COMES, Plaintiff, David W Lambert III, by and through his counsel, James A. Miller, Esquire, and respectfully requests that your Honorable Court enter the Qualified Domestic Relations Order submitted along herewith and for reasons thereof states as follows: 1. Plaintiff, David W Lambert III, and Defendant, Lisa A Lambert, were married on May 7, 1983. 2. The parties were divorced from the bond of matrimony to the above term and docket on July 22, 2008. 3. The July 22, 2008, Decree in Divorce incorporated the parties' April 12, 2008, Post Nuptial and Property Settlement Agreement ("agreement"). 4. Paragraph 5 b 3 of the agreement provides: 3. PRINCIPAL RETIREMENT QDRO: Wife shall receive by way of a qualified domestic relations order ("QDRO") from Husband's Principal Retirement the total sum of $27,76o.59. Subsequent to the entry of the final decree in divorce, Husband shall undertake the necessary steps to transfer said sum(s) unto Wife. The parties shall share any costs charged by Principal in conjunction with the QDRO transfer. 5. In accordance with the foregoing terms, the parties hereby request your Honorable Court to so enter said Qualified Domestic Relations Order submitted herewith. Lisa A Lambert, Defendant David W Lambert III, Plaintiff WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter the attached Qualified Domestic Relations Order. Respectfully submitted, MILLER LIPSITT LLC J A. Miflisr, Esgi 765 Poplar Church Camp Hill, PA 17 1 (717) 737-640 David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE Certificate of Service I, James A. Miller, hereby certify that I have forwarded to the person(s) on the date and in the manner indicated below a copy of the preceding document. Date: United States First Class Mail Diane M Dils Esquire Dils & Dils 1400 North Second Street First Floor Harrisburg, PA 17102 Lisa A Lambert 1403 Wedgewood Way Mechanicsburg, PA 17050 James A. Mir, Esquire 765 Popl Church Road C ill, PA 17011 PT-7) 737-6400 2009 IIA Y I I Pi 1 1: 18 W MAY 1 Z 200 David W Lambert III IN THE COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY, PENNSYLVANIA V. Number 08-1024 Civil Term Lisa A Lambert CIVIL ACTION - LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, the parties having reached an agreement for the purpose of entry of a Qualified Domestic Relations Order as defined in 26 U.S.C.Section 414 (p), the court on July 22, 2008, having entered a final decree in divorce incorporating the terms of the parties property settlement agreement which included provisions of equitable distribution/support of a spouse of a Participant, IT IS HEREBY ORDERED AS FOLLOWS: A. For u os- this Order, the term "Participant" means David W Lambert III of 'lC0-- - q.; the term "Alternate Payee" means Lisa A Lambert; the term "Plan" means he S6 etirement Savin s Plan; g the term "Account Balance" means the amount the Oarticipanhad credited to his accounts under the , Flan; and the term "Administrative Committee" means the Administrative Committee of the ,r16 Jpw.; Employee Benefit Plans. 41 B. On July 22 2008, this Court entered a final decree in divorce, which Judgment relates to the provision of equitable distribution by way of marital property rights between the Participant and Alternate Payee as the former spouse of the Participant. C. The last known mailing address of the Participant is: 30 Fieldstone Drive, Mechanicsburg PA 17055. The date of birth of the Participant is: 6/25/60 and Social Security Number is: 165 56 1592 D The last known mailing address of the Alternate Payee is: 1403 Wedgewood Way, Mechanicsburg, PA 17050. The date of birth of the Alternate Payee is: 4/30/63 and Social Security Number is: 173 60 5129 E. The Participant and the Alternate Payee were married on May 7 1983, and said marriage is registered in Dauphin County, Pennsylvania. F. Under terms of the Final Decree in Divorce incorporating the terms of the property settlement agreement, the Alternate Payee is to receive retirement benefits from the Plan in the amount of $27760.59 of the vested Account Balance of the Participant determined as of April 16 2008. G. The portion of the Account Balance payable to the Alternate Payee (1) shall be segregated for accounting purposes under the Plan, and (2) shall not be credited or debited with any earnings or losses attributable to such segregated account calculated through the valuation date immediately preceding the date of distribution. H. The amounts to be paid to the Alternate Payee hereunder shall be paid to her, in a lump sum as soon as administratively practicable after the expiration of the review period following the Administrative Committee's determination that this Order is a qualified domestic relations order. I. Nothing in this Order shall: (1) require the Plan to provide any type or form of benefit, or option, not otherwise provided in the Plan; (2) require the Plan to provided increased benefits (determined on the basis of actuarial value); or (3) require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. J. Both the Participant and the Alternate Payee shall have duty to notify the Administrative Committee in writing of any changes in his or her respective mailing addresses subsequent to the entry of this Order. K. The Court retains jurisdiction to establish or maintain this Order as a qualified domestic relations order; provided, however, no amendment of this Order shall contain a requirement with respect to the Plan of a type described in Para I abov m??yi?ado9 ?H J. 13- 0 2 ? ? •? gat v { ?,??.; bu0? ?.? ? ,, .. ,, ,. ?.,:: , = ?s. ?u h?; J?.:1 . ??i:?