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HomeMy WebLinkAbout04-0250COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request coturseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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, Pennsylvania 17013 Telephone (717) 249-3166 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. , Colleen Christopher COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT IN DIVORCE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant William Christopher at 251 McKnight Street, Carlisle, PA 17013 on January 20, 2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "William Christopher" and dated January 29, 2004. MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shanahan, Esquire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this February 2, 2004. lqbz~ Public ~ ~/ - NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC OARLISLE BORO, COUNTY OF CUMBERLANDm , MY COMMISSION EXPIRES MAY 27, 2007 CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. William Christopher 251 McKnight Street Carlisle, PA 17013 Dated: February 2, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By ~/5~._.~ / ~3j~.~ Steven J. S'hanahan Ten East High Street Carlisle, PA 17013 (717) 243-3341 COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 CIVIL ACTION - LAW iN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this vI' day of September, 2004, by and between Colleen A. Christopher of 106 Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "WIFE" AND William L. Christopher of 251 McKnight Street, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, HUSBAND and WIFE were married on August 27, 1982, in Boiling Springs, Pennsylvania; and WHEREAS, HUSBAND and WIFE are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between ~Ihe parties hereto which have made them desirous of living separate and apart from one another; mad WHEREAS, HUSBAND and WIFE desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, waive their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Al0:eement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of theirj ointly owned assets, the provisions for the liabilities they o we, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, if they so desired, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION AND NON-MOLESTATION AGREEMENT 1.1 It shall be lawful for HUSBAND and WIFE at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any authority, control, restraint, or interference, direct or indirect, by each other. Each party agrees that he or she will not compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. HUSBAND and WWE shall not molest, harass, disturb, or malign each other or the respective families, employees, or employers of each other. The parties are free to mutually and voluntarily make any efforts to reconciliation as he, she or they shall deem proper. The foregoing provisions, however, shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either HUSBAND or WIFE as to whether either party committed desertion and continues desertion, and nothing contained in this Agreement is to be deemed to justify any such continued desertion. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predi.gated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divome, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. 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 HUSBAND and WIFE to execute the Agreement. HUSBAND and WIFE each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenfomeable in whole or in part. HUSBAND and WIFE do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepl:ed by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, cotmtry, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such agreements. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party, the opportunity of each party fbr future acquisition 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 of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution ora party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time the division of the property is to become effective; and whether the party will be serving as the custodian of any dependent minor children. 3.2 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 division of property under this Agreement shall be in full satisfaction of all rights of equitable: distribution of the parties. 3.3 Real Property_. The parties confirm that they were the owners of fee simple title to premises situate at 18 Sheeley Lane, Boiling Springs, Cumberland Country, Pennsylvania, which was sold in June of 2004. The proceeds of the sale of the marital residence, which are currently being held in escrow by Martson Deardorff Williams & Otto, total $76,182.93, after all reasonable costs of sale, Realtor's fees, insurance and taxes, and the satisfaction of any and all encumbrances. Anyremaining utility bills including, but not limited to, phone bills, electric bills, gas bills, television cable bills or satellite bills will be paid out of the proceeds at the time this Agreement is executed by both parties. Wife will be reimbursed for half the amount of the Tanger's bill[ (total bill paid by WIldE: $173.84) which she paid in full. At present, the outstanding bills are approximately as follows: UGI ($99.95) and Sprint ($184.28). Additionally, the proceeds of the sale shall be used to satisfy an obligation, currently totaling $4,875.00, to Goldberg, Katzman, & Shipm~m, P.C., P.O. Box 1268, Harrisburg, PA 17108-1268, which was incurred for the parties' son, Bentjamin, and the sum of $2,000.00 to Luther A. Mountz, Jr. in consideration of his payments of approximately $9,000.00 towards the mortgage before the house was sold. Any proceeds from the sale that remain after satisfaction of the above obligations, shall be distributed 50% to WIFE and 50% to HUSBAND. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership of any insurance policies owned by the other party. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. 3.5 Pension and Retirement Fund. Except as specifically set forth below, WIFE and HUSBAND each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuitybenefitsand/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Notwithstanding the above, the parties agree to the following with respect to the marital retirement accounts. The parties agree that the marital value of HUSBAND's Hoffman-Roth Funeral Home pension as of December 31, 2003 is $79,634.39. The parties further agree that the marital value of HUSBAND's Hershey retirement with TIAA-CREF is $26,504.60 as of December 31, 2002. As to WIFE's retirement account from Giant, held by Scudder, the parties agree that the marital value of said account as of December 31, 2003 is $6,174.28. HUSBAND and WIFE agree to a direct resolution that effectively provides each party approximately one-half of the three retirement plans identified herein. In order to accomplish said tax_free rollover into a ._,, · ~,rrVs pension ~rom resolution, HUSBAND and wIFE agree that WIFE shall receive, via b WIFE' the sum of $49,983.00 from retirement account identified Y . · releases any and allright, title' HoffmanKothFuneralH°me' WiFEherebywaives, relinqmshes ano claim or interest in and to the remaining portion of HUSBk~ND's Hoffman'R°th ? ens~on as well as Likewise, HUSBAND waives, relinquishes and releases the entire amount ofh~s Hershey pension WIFE' s retirement account or any proceeds any and all right, title, claim or interest in and to therefrom. 3.6 upon a division of their · · ion. Cm and after the date of the execution of this r~r~i9~- The parties hereto have rautually agreed ,-ro"ertY to their mutual sat~sfact · -~+e ,~ronerty of the person currently tangiblepersonmtJ v .... n ~,~ the sole aha. separa~ v ~ Agreement, the personal property snm~ ~. andin~ the above, WIFE shall return to HUSBAND ch roperty. NotW~thst--- ,~ · for the parties' daughter having possession of su P . ~- ~+ her diamo~d engagement nng his wedding band. WIFE shall hold m Nicole. 3.'/ · . SBAND and WIFE agree to waive and relinquish ~~,~eHUor hereafter acqmre ~n any real or tangible personal and all right that he or she may now ~,,,, HUSBAND and WIFE specifically agree to any acquired by the other party. property subsequently · aresult of the marriage relationship· waive and relinquish any right in such property that may arise as 3.8 ~. WIFE currently has possession of a 1998 Toyota Camry. HUSBAND hereby waives any interest he may have under sa~d f~nance agreement in favor of WIFE, and hereby C to WIFE. In return therefor, WIFE has assigns all right, title and interest to said Toyota ~amry and shall agreed to be solely responsible for the finance payments due under said finance contract, indemnify and hold HUSBAND harmless from the: same. WIFE further agrees to have HUSBAND d from liability under said finance contract. remove ..... · ~,wn or ~ossess any vehicles and w~ll ~mmed~ately s~g~ HUSBAND verifies that ne ooeu ~,,~- -~ ~ ' ' ' ' ' any documents necessary to be removed from WIFE's automobile insurance coverage, and WIFI will be entitled to any refund or credit for any overpayment on that coverage from payments ~ ....... oe for HUSBAND and his vehicle has maae towaro uu~-,~m ' ' ' 3.9 ~r _ty. Each party shall retain sole and separate ownership of all intangible assets currently titled under his or her separate name, to include, but not be limited to, bank accounts, certificates of deposit, stocks, bonds, accounts receivable, negotiable instruments, brokerage "street" accounts, mutual funds, and any and all other intangible assets whatsoever. 3.9 Tax Refund for 2003 Tax Year. The parties agree to split 50/50 any tax refund they receive for the 2003 tax year. Their refund is expected to be approximately $4,849.00. ARTICLE IV RELEASE OF SUPPORT AND ALIMONY FOR HUSBAND AND WIFE~ 4.1 The parties herein acknowledge that by this Agreement they have been respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. HUSBAND and WIFE do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. 4.2 HUSBAND and WIFE specifically waive, release and give up any rights for alimony pursuant to Chapter 5 of the Divorce Code. ARTICLE V DEBTS OF~THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth in this Agreement, there are no major outstanding obligations of the part/es, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harm/ess the other for al/obligations separately incurred or assumed under this Agreement. WIFE shall be solely responsible for credit card debt incurred under credit cards that are titled in WIFE's name only. WIFE indemnifies and holds HUSBAND harmless for all credit card debt that is in WIFE's name only. HUSBAND shall be solely responsible for credit card debt incurred under credit cards that are titled in HUSBAND,s name only. HUSBAND indemnifies and holds WIFE harm/ess for al/credit card debt that is in HUSBAND's name on' ly. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. This Agreement has been prepared by Jennifer L. Spears, Esquire, of Martson DeardorffWilliams & Otto, counsel for W~FE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Jennifer L. Spears, Esquire has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at al/times has elected not to be so represented. HUSBAND has read this Agreement carefullyand thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. WIFE has been counseled by her attorney, and the parties together have come up with the following agreement The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The part/es further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. The respective part/es do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of, the wealth, real and/or personal property, estate and assets, earnings and income of the other as set forth in this Agreement, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enurneration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto anY further enumeration or statement. 6.2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for aliraony, alimony pendente lite, counsel fees, expenses or costs· In the event that either party defaults tn the performance of any duties or obhgat~ons required by the terms of this Agreement and legal proceedings are COmmenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 6.3 Except as provided for in th~s Agreement, HUSBAND and WI~E each forever · a:~,-h~r~e and quitclaim the other and the estate of the other, for all release, remlse, u,~ ..... purposes whatsoever, from an5' action of any nature time to come and for all discharge and quitclaim whatsoever in law or in equity, and forever release, remise, and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the the other and the estate o£ such other, for all time to come, personal and/or mixed property of the other (including other, or in or to the real, ' a from prop erty her carter accruing), and all rights, titles, income, appreciation, and gal~ ever may have in and/or to the other's interest and claims which he or she now has or she has or ever may have against the other, his or her heirs, executors, administrators, and estate, and each and every additional tight, title, interest and claim he ir . the 'ohs, rights and claims imposed or inuring to assigns, excepting only the obligaU' of this Agreement. Each of the benefit of either of the parties by reason of the terms and his or her parties hereto further covenants and agrees for himself and herself, heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, [orcin~ any of the tights relinquished under th~s paragraph.. ~ for the purpose of em ~ .. .~-~--at-ties hereto ttta~ .~ ~_..~h~ n ' fically understood and agreed by anti t)etween m* v ~tis ~tn~ s~ecl and set forth in this Agreement B. and HUSBAND accept the provisions made and in full by HUSBAND for WiFE and/or WIFE for HUSBAND, in lieu of settlement and satisfaction of any and all of WIFE'S fights against HUSBAND o HUSBAND'S rights against WIFE for any past, present and future claims on acc.our of support and maintenance or any other right or interest arising out of the mamag that it is specifically understood and agreed that the pa5nnents, transfers and otb considerations herein recited so comprehend and discharge any and all such clai~ by WIFE against HUSBAND, and HUSBAND against WIFE, and are, ~ a1_33 full settlement and satisfaction and m heu of HUSBAND'S and WIFE'S past, pres and future claims agmnst each other on account of maintenance and support, alimt and also alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever arising out of their marital relationship and/or pertaining to any divorce proceedings which have been or may be instituted by WIFE in any Court in the Commonwealth of Pennsylvaniia or any other jurisdiction and/or any divorce proceeding which may have been or ]may be instituted by HUSBAND in the Court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counsel or arising in any manner whatsoever. WIFE and HUSBAND agree that neither party may apply to any Court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided in this Agreement, it shall be the sole responsibility of WIFE and HUSBAND to sustain themselves without seeking any support from the other party from the date e.f the execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party hm'raless from and against any loss resulting therefrom including attorney's fees and costs. Release of Testamentary Rieht~. 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 o!~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. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction 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 covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do · so had HUSBAND or W/F~ ~;~ , and that ne~ther H.. ~ ,a,~u au~ng the lifetime of the other; US~A~ or estate °f ~e °ther Each of the p~ies hereby releases, relinquishes ~d waives ~y ~d all ~ts to act as executor or executhx or admm~s~ator or adminis~a~,x of the other P~'s estate. Each of the P~ies hereto l~U~her COven~ts himself ~d herself and his or her '. . he or she W~ll never at ~.._ ~he~rs, executors, admm~s~a,~ ~d a~ees for executors, : ~e herea~er sue th~ ~,~ -,ors ~d assi~s' that admi~strators, or assi~s, for the P~ose °f enforcing any Of the ~ts relinquished ~nder this P~a~aph. -~ -t~er p~y or his or her heirs, . 6.4 Each pa~y r~resents that ~Y debt or hab~h~ or obhgahon for Which ~e estate Of the other pa~y may be responsible or liable, except as may be provided for in ~is ~ey have not heretolbre incu~ed or con~acted for P~Y h~less ~om A~eement, Each .c~uamg those f°r necessities, except for the o~: °~gat~ons ~sing out ~.~- . -o .t each of them, ~d W~E each Wa~ant, COVen~t, represent ~d a~ee that each Will, now ~d at all times herea~er, -~tn,ls A~eement. HUSBA~ save h~less and keep ~e other mde~ed ~om all debts, choy ...... other a~er the execution date Ofth~s A~e~ment, except as is othe~ise speci~callyprovided the te~s of this A~eement, 6~, ~a l~abilities incu~ed by the Which the estate Of the other may be liable, for by ~d that neither of ~em herea~er inc~ ~), liability whatsoever for shall be~' No waiver o al~d ~less in w~tin r mod~cation offs, o default here~der shal1 g ~d si~edb. ~ ~ ~ tn~ te~s ~ ,~. _ ~ ooth P~les, ~d no ~,~:- ~ ~ uus A~ee~ent .,-~ ver ot ~y breach hereof or be deemed a waiver of~y subsequent default of the s~e or simil~ na~e. . ~~ ~e ~ 6.6 ~ey wHI fo~with e~~. HUSB~ ~ ~Y ~d all whtten deeds, nOtes or SUch other ~tings ~ m~ents, ~Si~ents' rel~ gree that of this A~eement, as may be necess~ or des/ and as their respective counsel shall ~ases, satisfactions, table for the proper implementation order to c~ fully and effectively the mutually a~ee shOald be so te~s of this A~eement. executed 6.7 Pennsylvania Law Shall Govern This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effi:ct as of the date of execution of this Agreement. 6.8 Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 Entire A_g~ement. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set fort]h herein. 6.10 Severability. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the Articles and Sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 Equitable Distribution Under Divorce Code. It is speci[fically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by HUSBAND and WIFE, or either of them, during the marriage, as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement. 6.13 Enforceability and Consideration This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either HUSBAND or WIFE until it shall have been fully satisfied and performed. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 6.14 Affidavits of Consent. In connection with any divorce action instituted by either party, each agrees to execute and deliver all documents, including but not limited to Affidavits of Consent, as requested by counsel to permit the entry of a final decree in divorce. 6.15 Reconciliation. The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this Agreement or cause any new marital rights or obligations to accrue. IN WITNESS WItEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: Colleen A. Christopher, ~Wife Wflham L. C~rtstopher, Ig[nsband COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 CIVIL ACTION - LAW IN DIVORCE ~AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 20, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unswom falsification to authorities. Date: Colleen Christopher, Plaidtiff COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 C1VIL ACTION - LAW IN DIVORCE 20,2004. AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is grantecl. 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. ~ S. {}4904 relating to unswom falsification to authorities. Date: ~//~/O ¢ ~, Del~endant COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 CIVIL ACTIOiN ~ LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 waiver 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:~0-/0 - 0V COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND § 3301 (d) 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 alim uny, division of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a dive,rce decree is entered by thc Court and that a copy of thc decree will be sent to me immediately after it is fi/ed with the Prothonotary. I verify that thc statements made in this waiver arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: illiam Christopher, Defen/lant COLLEEN CHRISTOPHER, Plaintiff WILLIAM CHRISTOPHER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-250 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. Ground for divorce: i~retrievable breakdown m~der Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery on January 29, 2004. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code: September 10, 2004; by the Defendant: September 9, 2004. 4. Related claims pending: All claims were settled by the parties' Marital Settlement Agreement dated September 9, 2004, and filed with the court simultaneously with this Praecipe. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: simultaneously with the filing of this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: simultaneously with the filing of this Praecipe. Date: September 13, 2004 MARTSON DEARDORFF WILLIAMS By, / Jen~ferkL. Spears, Esquire I.D; Number 8'7445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff & OTTO STATE OF COLLEEN CHRISTOPHER -- + +++ + + ++4'+ ++ + ++4-+++++++++ +++++++ +4'+++++' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY j~~~, PENNA. VERSUS WILLIAM CHRISTOPHER N o. O4-25O DECREE IN DIVORCE AND NOW, Z,~CivQ'~ , ~1-'~ , ~¢~/~_, It IS ORDERED AND DECREED THAT COLLEEN CHRISTOPHER , PLAINTIFF, AND WILLIAM CHRISTOPHER ,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; The Separation and Property Settlement Agreement dated as of September 9, 20~ is incorporated herein by reference but is not merged into this Decree. BY THE C~/~RT: / Att 1~3T: L/ J ' /~ '~ PROThONOtarY .' I i~' ;\ I "'< , r, n oc"Y .'), 0- Colleen Christopher Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ClVlL ACTION - LAW William Christopher Defendant NO. 04-250 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between the Participant and the Alternate Payee entered into on September 9, 2004. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenu,e Code of 1986 ("Code") g401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code g414(p) and g206(d) of the Employee Retirement Income Security Act of1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. g3502. 3. This QDRO applies to the Hoffman-Roth Funeral Home, Inc. Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan ofthe employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. William Christopher ("Participant") is a participant in the Plan. Colleen Christopher ("Alternate Payee"), the former spouse ofthe Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: William Christopher 985 Forge Road Carlisle, PA 17013 Social Security No.: 195-56-0483 Date of Birth: May 15,1963. 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: \1j~ \lf0,\SNr.F1d }.lNnO';~" (?,~.n\-~=~3V'~nQ OZ:I\\>\V SZH';fr~UQl Xc\' jlCj';()~11Cdd 3H1 ::\0 j:Jl;:}:)O<-O]li::-J - QDRO Page 2 Colleen Christopher 309 Burnt House Road Carlisle, PA 17013 Social Security No.: 184-48-9206 Date of Birth: April 18, 1963 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $49,983 ofthe Participant's total account balance accumulated under the Plan. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee h'er benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account for her benefit. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan benefiGiaries, including, but not limited to, the right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall bE' conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code g414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. QDRO Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefitE: shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code g414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status ofthe QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. QDRO Page 4 22. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this ~ day of 1 J>r7 . ,206S. BY THE COURT ?t~ ~l?j, age CONSENT TO ORDER: DEFE:NDANT/PARTICIP ANT 'I ~ kJJ<~J .... Signature PLAINTIFF/ALTERNATE PAYEE ~ilhh1/2/!X::pf#~ Signature / ~ It -Os Date J - iD-OS Date ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE ATTORNEY FOR DEFENDANT/ PARTICIPANT F I . Sig atu e .~. 13,1iJDS Datf Signature Date v ~~ ~/ ~i ~/ ( ~' ~ ~ v Q ,-{ t- rf j' h1>:') ')1'.,('\ r'\\,'<l" 1.,.AJ ; -