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HomeMy WebLinkAbout01-6443WAYNE WEBER, Plaintiff CAROL WEBER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .o. : 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 dghts 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 mardage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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. The Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 '~'/Susan M. Seighm;~n, Attorn(~ for Plaintiff WAYNE WEBER, Plaintiff CAROL WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. Plaintiff is Wayne Weber, an adult individual who is sui juris and resides at 303 West Green Street, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant is Carol Weber, an adult individual who is sui juris and resides at 945 16th Street, New Cumberland, Cumberland County, Pennsylvania. The present whereabouts of the Defendant to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 28, 1986, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. b. is based is that the Dissolving the marriage between Plaintiff and Defendant; and For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ I. D. No. 70323 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Wayne Weber, do hereby certify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the. penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~°~Y ~.~mher 1 and I I,DiV~E RE~ORD OF HUSBAND 303 N. Green Street, Shiremanstown~ C,~mberland PA e~ Pennsylvania ~E 1 ~ ~ ~ Computer Progra~er WIFE Erb Carol A. Weber mm~ 01 23 50 945 16th Street, New Cumberland, Cu~erland, PA ~ Pennsylvania 6. ~ 14. ~ ~ ~ 3 ~ ~ Secretary' ~ CumBerland County~~~ 2 86 ~E Pennsylvania m~ ~ ~ ~ ~ UN~ 18 ~ ~ 0~ ~ ~ ~ ~ O~ER ~ ~ o o ~ ~ ~ ~ ~ ~ ~m~Y~ ~ ~ ~ n/a retrievably ~4. 81GNATURE O~ TRANGCfllBING CLERK broken. TUCKER ARENSBERG & SWARTZ l I 1 NORTH FRONT STREET EO. BOX 889 HARRISBURG~ PENNSYLVANIA 17108-0889 (717) 234-4121 WAYNE WEBER, Plaintiff CAROL WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6443 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF DAUPHIN ) AND NOW, this 27~h day of.November 2001, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, who, being duly sworn according to law, deposes and says that she is the secretary for Susan M. Seighman, who is the attorney for the Plaintiff and that she mailed a Divorce Complaint on November 14, 2001, to Calvary United Methodist Church, c/o Carol Weber, 700 Market Street, Lemoyne, Pennsylvania 17043 by Certified Mail No. 7099 3400 0016 3623 7488, return receipt requested, and the same was received by her on November 15, 2001 as indicated by the Return Receipt Card, which is attached hereto. Shaun M. Kovach SWORN TO AND SUBSCRIBED before me, this 27th day of November 2001. Notarial Seal Pautlne Patti Thomas, Notary Public Harrisburg, Dauphin County My Commission Expires Mar. 24, 2003 i iIENDER: I I also wish to receive the follow- ing services (for an extra fee): 1. [] Addressee's Address 2. ]~]l:leslricted Detive~/ Article Addressed to: ~--- 4a. Article ~l~l~r ~,'-~099 3 0016 3623 7488 CALVARY UNITED MET~DI~ 14b Se~ceT' e CHURCH : : 1 [D'Regtstere(~" ~.ertified C/O CAROL WEBER Ir-iExwessMail [:]Insured '700 MARKET ST]~..T ~;'~ :~[RetumRecelptforMemhandlse DCOD LEMOYNE, PA 17043 7. Date of De~ivef7 -~ · / 8. Ac!dressee's Address (Only if requested and ~ 1025~5-99-B~0223 Dome8~c Return Receipt WAYNE WEBER, Plaintiff Vo CAROL WEBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01- 6443 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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: Carol Weber, Defendant S.S. No. 197-40-5409 WAYNE WEBER, Plaintiff Vo CAROL WEBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6443 : : CIVIL ACTION - LAW : 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 divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Carol Weber, Defendant WAYNE WEBER, Plaintiff Vo CAROL WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 6443 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divome. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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: Wayne Weber, Plaintiff S.S. No. 195-38-9071 WAYNE WEBER, Plaintiff CAROL WEBER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01- 6443 : : CIVIL ACTION - LAW : 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 divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divome is granted. 3. I understand that I will not be divomed until a divome 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 vedfy 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. Section 4904 relating to unswom falsification to authorities. Date: Wayne Weber, Plaintiff PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made this /--¢-'~ day of February, 2002, by and between WAYNE WEBER, hereinafter referred to as "Husband", and CAROL WEBER, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 28, 1986; and WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have adsen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entedng into an Agreement which will provide for support, distribute their madtal property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, fully understand and agree that Husband is represented by Susan M. Seighman, Esquire and that Wife has the dght to have the advice of independent counsel prior to the signing of this Agreement, and that by signing this Agreement, she recognizes that she fully understands the legal impact of this Agreement and waives her right to have the Agreement reviewed by an independent attorney of her choosing and further intends to be legally bound by the terms of this Agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on October 13, 2000 she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on October 13, 2000 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 Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: Mortgage with PSECU Home Equity Loan with PSECU Personal Loan with PSECU Balance at separation $64,000 Balance at separation $7,000 Balance at separation $7,000 Husband agrees to pay the Home Equity and Personal Loans with PSECU. Husband further agrees to hold Wife harmless on all such obligations of Husband. If any claim, action, or proceeding is hereinafter instituted seeking to hold Wife liable for such debts or obligations, the Husband will, at his sole expense, defend Wife against any such claim, action, or proceeding, whether or not well founded, and indemnify her against any loss resulting therefrom. Wife agrees to pay the mortgage with PSECU, in accordance with paragraph 8 of this Agreement, and Wife further agrees to hold Husband harmless on all such obligations of Wife. If any claim, action, or proceeding is hereinafter instituted seeking to hold Husband liable for such debts or obligations, the Wife will, at her sole - 2 - expense, defend Husband against any such claim, action, or proceeding, whether or not well founded, and indemnify him against any loss resulting therefrom. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their madtal property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. DIVISION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the fumiture, household fumishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as otherwise stated in this Agreement, Husband and Wife shall each be deemed to be in the possession and control of their own individual pensions or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent - 3 right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in his/her possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. DISTRIBUTION OF REAL ESTATE: Husband agrees to transfer to Wife immediately upon the signing of this Agreement, all of his interest in and title to their jointly-owned real estate at 945 16th Street, New Cumberland, Cumberland County, Pennsylvania, subject to the mortgage given to PSECU, which had a balance of $64,000, as of the date of separation, in exchange for which Wife agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing mortgage obligation on said premises in accordance with its terms, and agrees to indemnify Husband from any loss by reason of her default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. Wife agrees to assume the mortgage and have Husband's name removed therefrom within thirty (30) days after she is served with a copy of the Divome Decree and copy of this Agreement. Service shall be by regular mail and complete upon the date of mailing. In the event that Wife is unable to assume the mortgage for any reason within this thirty (30) day time pedod, then within the following ninety (90) days, she shall either refinance the mortgage to have Husband's name removed therefrom or list the madtal home for sale at a price set by a licensed real estate broker or licensed appraiser and proceed with a final sale of the residence. If the residence is sold, Wife is entitled to receive the full amount of the net proceeds. Net proceeds shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor's commissions and costs incident to sale, with the exception of the Home Equity Loan and Personal Loan with PSECU that Husband has agreed to satisfy as set forth herein Paragraph 5. Furthermore, Husband shall forthwith sign a Deed transferring his interest in said property to Wife and he shall provide this Deed to any financial institution that requires the Deed for Wife to assume or refinance the mortgage. Once Husband is - 4 - removed from the mortgage, Wife shall be g~ven the odginal Deed so that it may be recorded. 9. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 10. PENSION AND RETIREMENT PLAN: The parties agree that Husband is currently employed by the Commonwealth of Pennsylvania and has a pension with his employer and that Wife is currently employed by United Methodist Church and has a pension with her employer. The parties agree that Wife shall retain her pension in full and that Husband shall waive all of his right, title and interest in Wife's pension. Husband agrees to sign any and all documents necessary to enforce this provision. With regard to Husband's pension, for the purposes of this Agreement, the parties stipulate that the current value of the madtal portion of Husband's pension is $140,000. Husband shall transfer from his pension the amount of $35,000, plus interest at the rate of 4% compounded annually from October 13, 2000 until the effective date of Husband's retirement directly to Wife in a lump sum payment upon his retirement. Payment shall be due to Wife within 10 days after the date that Husband receives payment of this lump sum amount. This transfer from Husband to Wife shall be made through the use of a Qualified Domestic Relations Order. The expense incident to the preparation of the Qualified Domestic Relations Order shall be paid by Husband. - 5 - 11. TITLE FOR AUTOMOBILE: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1995 Nissan Maxima shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (b) the 1991 Nissan Maxima shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 12. STOCKS: The parties each own stocks that are held in separate Ameritrede accounts. Husband shall retain his Amedtrade account and Wife agrees to waive all of her dght, title and interest to Husband's account. Wife shall retain her Amedtrade account and Husband agrees to waive all of his right, title and interest to Wife's account. The parties acknowledge that Husband has deposited $500 in Wife's Amedtrade account since their separation and pdor to signing this agreement. 13. CASH PAYMENT: In exchange for Wife receiving $35,000 from Husband's retirement account, Wife shall be entitled to receive her full retirement, the full amount of equity in the madtal residence as set forth herein paragraph 8, which has been estimated and agreed upon by the parties to be $45,000, and a cash payment of $12,000 to be paid by Husband. The cash payment shall be paid in monthly installments of Four Hundred Dollars ($400) for the first twelve (12) months beginning from the date this Agreement has been signed by both parties. Thereafter, monthly installment payments shall be paid in the amount of Three Hundred Dollars ($300) for the following twenty-four (24) months. - 6 14. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and safisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any dght to seek from the other any payment for support or alimony. 15. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of madtal property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 16. INCOME TAX PRIOR RETURNS: The parties are going to file joint federal and state tax returns for 2001. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all dghts he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the madtal relationship, including without limitation, dower, curtesy, statutory allowance, widow's - ? - allowance, dght to take in intestacy, right to take against the will of the other, and dght to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, dghts and claims. 18. AGREEMENT 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 predicated 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 actions for divorce, 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 waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do 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. 19. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire madtal counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct the filing of such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the ^greement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, - 8 - judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 20. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 21. BREACH AND ENFORCEMENT: 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, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enfoming his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attomey's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her dghts under this Agreement. 22. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals be third party beneficiaries of this Agreement at this time or at any time in the future. 23. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisors, or tax attorneys with reference to the tax implications of this Agreement. Further, Husband has not been given any tax advice whatsoever by his attorney. Both parties hereby acknowledge that they have been advised, Husband by his attorney and Wife by copy of this Agreement, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. - 10 25. VOLUNTARY EXECUTION: The Wife acknowledges that Susan M. Seighman, attomey, has acted as legal counsel to Husband in connection with the negotiation and preparation of this Property Settlement Agreement. The Wife acknowledges that, by copy of this Agreement, she has been advised of her dght to seek the advice of counsel of her own choice in connection with any matter pertaining to this Agreement or the divorce action filed by Husband. Upon that provision, Husband and Wife acknowledge and represent that the provisions of this are fully understood by both parties and each party acknowledges that the Agreement is in all respects fair and equitable, that it is being entered into voluntarily and knowingly and that it is not the result of any duress or undue influence; Wife further acknowledges that she had the opportunity to seek the advice of legal counsel for the purpose of having the legal effect of the provisions herein fully explained to her, and that if she chose not to seek such legal counsel, such action was taken by her voluntarily of her own free will. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any dght to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any dghts to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. - ll - 27. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the soumes and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 28. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon stdct per[ormance 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. 29. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the dghts or obligations of the parties. 31. 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. - 12 32. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 33. 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 stdcken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 34. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. (SEAL) Wayne Weber (SEAL) Carol Weber - 13 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this, the //~'~'~ day of ~ ) ( SS: ) ,2002, before me, a Notary Public, the undersigned officer, personally appeared WAYNE WEBER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA ) ( SS: COUNTY OF c~'.~/~.~ ) / On this, the /-~"'-'/-~' day of-~J~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared CAROL WEBER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. FC N OTARIAL S,~I I KAY L. D~UL L~T, Not~ry Public I Ity of H~fris,,)urg, Dauphin Count, PA t ~My Co~i~i~ Expires M~r~ 19, 2~, ~ Notary Public WAYNE WEBER, Plaintiff CAROL WEBER, Defendant · IN THE COURT Of COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-6443 · CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divome: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Return Receipt Requested, Receipt signed November 15, 2001. 3. Date of execution of the affidavit of consent and waiver required by Section 3301(c) of the Divorce Code: by Plaintiff: February 15, 2001 by Defendant: February 15, 2001 Related claims pending: None Dated: Susan M. Seighman Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. WAYNE WEBER VERSUS CAROL WEBER NO. 01-6443 February AND NOW, DECREED THAT WAYNE WEBER CAROL WEBER AN D DECREE IN DIVORCE 2002 , IT ~S ORDERED AND , PLAINTifF, , 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; /Th__~e terms and~ovisions of the Pro e_p~ Settlement__~reement between the parties and lodged with the Prothonotary are hereby incorporated, but not merged, by reference hereto, so that the Court shall have jurisdiction to enforce the agreement, which sh~~ecree and be forever binding ~pon the parties. BYT~ J. HARRISBURG, PENI~ISYLVAI~iA 17108-0889 (717) 2344121 COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA WAYNE WEBER, : FAMILY DIVISION Plaintiff : : v. : No. 01-6443 : CIVIL TERM CAROL WEBER, : Defendant : IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" NOW, this'~'~J,~.2' day of '~r" L~/~. I/ ~.~ , 2002, the parties, AND Wayne Weber, Plaintiff, and Carol Weber, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Wayne Weber, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 17 Pa. C.S. §§ 5101-5956 ("Retirement Code"). 3. Member's date of birth is November 9, 1957, and his Social Security number is 195-38-9071. 4. The Defendant, Carol Weber, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 23, 1950 and her Social Security number is 197-40-5409. Member's last know mailing address is: 303 West Green Street Shiremanstown, PA 17011 6. Alternate Payee's current mailing address is: 945 16"' Street New Cumberland, PA 17070 It is the responsibility of Altemate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee's share of the Member's retirement benefit is $35,000 plus interest at the rate of 4% compounded annually from October 13, 2000 until the effective date of Member's retirement. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's mardage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. a. If the last Nomination of Beneficiaries Form filed by Member prior to Members death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement and (b) names Alternate Payee as beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. b. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Altemate Payee shall deliver the authorization to SER$ which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree that, at the time that the Member files a retirement application with SI=RS, the Member shall select: Option 4. - A lump sum distribution in an amount greater than or equal to the total value of Alternate Payee's portion (as set forth in Paragraph 7 of this Stipulation) of the total accumulated deductions standing to the credit of the Member, as set forth in 71 Pa. C.S.§ 5705(a)(4)(iii), or any succeeding statute. The Alternate Payee shall be paid her equitable distribution portion out of the Option 4 lump sum distribution. Member may select any monthly annuity option offered by SERS under the Retirement Code provided that Alternate Payee is paid her equitable distribution portion out of the Option 4 lump sum distribution. No portion of the monthly annuity is to be paid to the Alternate Payee. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs 7 through 9. 13. In no event shall Alternate Payee have greater benefits or rights other than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other fights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on the other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend and Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purposes of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Wayne Weber, Plaintiff/Member san Seighm~n, Att~)mey for Plaintiff Carol Weber, DefendanFAItemate Payee COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA WAYNE WEBER, Plaintiff CAROL WEBER, Defendant FAMILY DIVISION : No. 01-6443 CIVIL TERM : IN DIVORCE ORDER AND NOW, this ~ ~ day of attached Stipulation and Agreement dated ~"~/'5'".) case is incorporated, but not merged, into this ,2002, the of the parties in this A'I-I'EST: VtNVA],~$NN:Jd