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Home My WebLink About04-0484 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MEGAN NEUHARD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ol/;... L/gL/ v. CIVIL ACTION - LAW TODD NEUHARD Defendant 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 1-800-990-9108 " _._-~'~-~--'.~-_. REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 233 I Market Street Camp HilI, PA 1701 I Telephone: (717) 763- 1383 Attorneys for Plaintiff MEGAN NEUHARD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 0 t..t./ CIVIL ACTION - LAW TODD NEUHARD Defendant IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede so!icitar consejo matrimonial. Una !ista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room !OI, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANVLAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. VSTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO P AGAR UN ABOGADO, V A Y A 0 LLAME A LA OFIClNA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 ----r--'..---....-.. I REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney J.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MEGAN NEUHARD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. (? 'i - '1~'I CIVIL ACTION - LAW TODD NEUHARD Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (0) OF THE DIVORCE CODE 1. Plaintiff is Megan Neuhard, an adult individual who currently resides at 4983 Saddle Brook Drive, Harrisburg, Dauphin County, Pennsylvania, 17112. 2. Defendant is Todd Neuhard, an adult individual who currently resides at 2558 Tiffany Lane, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 11, 1992, in Lewisburg, Union County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act ofthe Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1 ) child of this marriage under the age of eighteen years, namely Madelyn Anne Neuhard, date-of-birth July 4, 2000. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The parties have lived separate and apart since September 1, 2003. (Affidavit Under S 3301(d) of the Divorce Code is attached as Exhibit "A"). WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully Submitted, REAGER & ADLER, PC Date: ?(7ID~1 By: ~b~IU Attorney LD. No. 66378 2331 Market Street Camp HilI, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff r-..----.-......... . \ VERIFICATION I, Megan Neuhard, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ' (u 10"1 '-7. ~~ N NEUHAt - <:/C) ~. -- -C:. -..J ~ 'Iv .L c::. ~ ~-. ....0.') c> ~~ 43.. -- -- M-. V'; d ;:p ~~:'-; o t-:-- ~ @ ....., C~ <.:.;~ .x.- ..." rr1 t;;J I U1 r) -'n -,-1 T n1:::!J 1"--- -um ~r::;O :;~~(S ?~ =-~ ~~'~ f:;~ :~ ::\ :~ -< ::'>> :",i: ILl c., C> -------"--------,.- MEGAN NEUHARD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-484 CIVIL ACTION - LAW TODD NEUHARD Defendant IN DIVORCE AFFIDA VII OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.c. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Todd Neuhard, by Certified Mail, Restricted Delivery on the 7th day of February, 2004, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit "A" Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Date: ;11 JD /0+ Todd Neuhard 2558 Tiffany Lane Harrisburg, PA 17112 \ EXHIBIT A ,...... . Complete ~ems 1, 2, and 3. Also complete -." 4 ~ Reetricted Delivery Is desired. . _ your name end address on the reverse 10 lIlat we can return the card to you. . AIt8ch this card to the bllck of tha mellplece, ct on the front ~ space penT1~s. 1. ...- AddRlSSSd to: [J Agent [J .so [J No Tod.D. \Jfu hard '355,\ Tl ++0. J\~ lo \\}..n- 'I ~bu (~) P A11 o I l~ 3. Service Type 'r1 Cortffied Mall [J Express Mall 'Wll Registeracl [J Retum Racoipt for M_ o Insured Mill 0 C.O.D. 4. Rsstncted O<llvel)'1 (Extra Foo) )i;b'IW PSFO. 2595..(1().M.09S2 (") ~ ~ c: = ~ .c- '1Jm ~ ~f!J fJ:rr; ;;> '-, ;-."f ~rn (/): -~;;. ~:.~ 0 ~~ r.:=C::' -;:. -n ~-';'~.--; =>: 0::0 );;. ~~:' -'-0 ~ om -, ~ <.1l .?lJ ..., -< July 22, 2004 S:\R&A FAMILY LAWlCLlENT DlRECTORY\NEUHARD, MEGANlMARITAL SETTLEMENT AGREEMENT #4.WPD MARITAL SETTLEMENT AGREEMENT 1)1.'" :\- \ THIS AGREEMENT, made this (}\LY dayof~~ , 2004, by and between MEGAN NEUHARD (hereinafter "WIFE") and TODD NEOHARD, (hereinafter "HOSBAND"); WIT N E SSE T H: WHEREAS, the parties hereto were married on July 11, 1992 in Lewisburg, Onion County, Pennsylvania; and separated on September 1, 2003; WHEREAS, the parties have one child of this marriage, namely Madelyn Anne Neuhard, born July 4,2000; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest oftheir lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration ofthe covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of July 22, 2004 S:\R&A FAMILY LA WlCLlENT DlRECTORYlNEUHARD. MEGANlMARITAL SETTLEMENT AGREEMENT #4.WPD Reager & Adler, PC. HUSBAND is represented by Karen S. Coates, Esquire in the negotiations and execution of this Agreement. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrif:vably broken and that they shall secure a mutual consent no fault divorce pursuant to 9 3301 (c) ofthi~ Divorce Code. WIFE filed an action in divorce with the Court of Common Pleas of Cumberland County at No. 04-484 Civil Term. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree conClfrrentIy with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effel:t after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Page 2 of 2 July 22,2004 S:\R&A FAMILY LA WlCLlENT DIRECTORYlNEUHARD, MEGANlMARIT AL SETTLEMENT AGREEMENT #4.WPD Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have fix past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital Ielationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory ofthe United States, or any other country. Except for any cause of action for divorce which eith'~r party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution ofthis Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right Page 3 of 3 July 22, 2004 S:\R&A FAMILY LA WlCLlENT DIRECTORYlNEUHARD. MEGAN\MARIT AL SETILEMENT AGREEMENT #4.WPD to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue. influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or b~:nefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 4983 Saddlebrook Drive, Harrisburg, Dauphin County, Pennsylvania. The parties agree that WIFE shall maintain exclusive possession ofthe marital home from the date of execution ofthis Agreement going forward. WIFE shall retain the marital home and HUSBAND agrees to waive any right, title and interest he may have in said home. Concurrently with the execution of this Marital Settlement Agreement, HUSBAND shall execute a deed transferring his interest in the marital home to WIFE. Said deed shall be held in escrow by HUSBAND's counsel pending WIFE's refinance. Within ninety (90) days of the execution ofthe Marital Settlement Agreement, WIFE shall refinance, assume or otherwise remove HUSBAND's name from any obligations against the home. At the time of refinance, HUSBAND shall be paid twenty thousand ($20,000.00) Dollars for his interest in the home. Pending the refinance, HUSBAND agrees to maintain responsibility for the payment of the Page 4 of 4 July 22. 2004 S:\R&A FAMILY LA WlCLIENT DIRECTORYlNEUHARD, MEGAN\MARIT AL SE1TLEMENT AGREEMENT #4.WPD mortgage, taxes, and insurance. WIFE shall pay all utilities. WIFE shall be entitled to retain any and all balance held in an escrow account by her mortgage company. The parties are also the owners of a timeshare in Aruba. WIFE hereby agrees to transfer any right, title and interest she may have to that timeshare or any profit derived from the sale thereof. WIFE shall execute any documentation necessary to effectuate such transfer. 8. DEBTS. HUSBAND and WIFE acknowledge two marital credit card debts to Citi and Mellon Banks. WIFE is hereby responsible for and shall assume the Citi Promise Card. WIFE shall either refinance this debt or pay said debt in full within thirty (30) days of the execution of this Agreement. WIFE agrees to indemnify and hold HUSBAND harmless from said debt. HUSBAND is hereby responsible for and shall assume the Mellon Account debt. HUSBAND shall either refinance this debt or pay said debt in full within thirty (30) days of the execution of this Agreement. HUSBAND agrees to indelllilify and hold WIFE harmless from said debt. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Page 5 of 5 July 22. 2004 S,IR&A FAMILY LAWlCLIENT DIRECTORY\NEUHARD. MEGANIMARITAL SEITLEMENT AGREEMENT #4.WPD 9. RETIREMENT BENEFITS. HUSBAND is a member of the Public School Employee Retirement System (PSERS), under Social Security Number 160-68-4336. The parties agree that the balance of this account is fully marital until June 30, 2003. The parties agree to equally share the costs of the preparation of a Qualified Domestic Relations Order giving one-half of the marital share to WIFE. A draft of the Qualified Domestic Relations Order is attached hereto as Exhibit "C" and is agreed upon by the parties. The parties agree to execute any and all documentation necessary to effectuate the Qualified Domestic Relations Order. 10. BUSINESS INTEREST. HUSBAND and WIFE are the owners of an S Corporation entitled M2 Communications Solutions, Inc. HUSBAND is a 60% shareholder and WIFE is a 40% shareholder. The parties have executed separate documentation prepared by Attorney Delmis Hursh, transferring HUSBAND's shares to WIFE. HUSBAND hereby affirms his intention to waive any right, title and interest that he may have into WIFE's business or any income derived therdrom. 11. INVESTMENTS. WIFE is the owner of an aJIDuity with Horace MaJID, Account No. 0579032290. HUSBAND hereby agrees to waive any right, title and interest he may have in said annuity. HUSBAND is the owner of an aJIDuitywith Horace MaJID, Account No. 0570060980. WIFE hereby waives any right, title and interest that she may have in said :annuity. HUSBAND is also the owner ofa variable aJIDuity with Security Benefit Group of Companies, Account No. 1301161313. WIFE hereby waives any right, title and interest that she may have to said aJIDuity. Page 6 of 6 July 22,2004 S:\R&A FAMILY LAWlCLIENT DIRECTORYlNEUHARD. MEGANlMARITAL SETTLEMENT AGREEMENT #4.WPD 12. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 13. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property betwt:en them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date ofthis Agreement be the sole and separate owner of all tangible personal property in his or her possession. WIFE shall retain all property contained in Exhibit A and HUSBAND hereby waives any right, title and interest in said property. HUSBAND shall retain all property contained in Exhibit B and WIFE hereby waives any right, title and interest in said property. 14. VEHICLES. WIFE is the owner of a 2003 Ford Explorer which is subject to a loan. HUSBAND hereby agrees to waive any right, title and interest to said vehicle and will execute any documents necessary to transfer the vehicle to WIFE. WIFE agrees to assume responsibility for all payments associated with this loan and agrees to indemnify and hold HUSBAND harmless from said obligations. HUSBAND is the owner of a 2000 Isuzu Rodeo which is subject to a loan. WIFE hereby agrees to waive any right, title and interest to said vehicle and shall execute any documents necessary to Page 7 of 7 July 22, 2004 S:\R&A FAMILY LAW\CUENT DIRECTORY\NEUHARD, MEGAN\MARITAL SETILEMENT AGREEMENT #4.WPD effectuate the transfer. HUSBAND agrees to be solely responsible for the repayment of said debt and agrees to indemnify and hold WIFE harmless from said obligation. 15. CHILD CUSTODY. The parties shall share legal custody of their child Madelyn. WIFE shall have primary physical custody of Madelyn and HUSBAND shall enjoy periods of partial custody as the parties agree. It is the parties expectation that a more detailed agreement regarding custody will be negotiated and signed in the immediate future, HUSBAND agrees that Madelyn shall not be in the presence of his girlfriend Marianna for a period of thirty days from the date ofthe execution of this Agreement going forward. 16. CHILD SUPPORT. Upon the sale of the marital home or if HUSBAND fails to make a mortgage payment, HUSBAND agrees to pay the sum of $1,100,00 to WIFE on a monthly basis for the support of Madelyn. HUSBAND shall continue to carry health insurance, providing coverage to Madelyn. WIFE shall be responsible for the first $250.00 ofunreimbursed medical expenses and then the party shall divide those expenses, 55% HUSBAND, 45% WIFE. WIFE shall be solely responsible for any and all childcare costs. WIFE shall be responsible for the first $100.00 per year of extracurricular activity expenses. Thereafter, HUSBAND and WIFE shall divide those expenses 55% HUSBAND and 45% WIFE. Both parties shall agree upon Madelyn's enrollment in extracurricular activities in order to be required to contribute to those activities. The parties agree that they shall not unreasonably withhold consent to participate in activities. Page 8 of 8 July 22. 2004 S.IR&A FAMILY LA W\CLIENT DIRECTORYlNEUHARD, MEGAN\MARIT AL SETTLEMENT AGREEMENT #4WPD 17. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be pl:rformed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to imy claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement ofthis paragraph or any other provision ofthis Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 18. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification ofthe terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. Page 9 of 9 July 22,2004 S:\R&A FAMILY LAWlCLIENT DIRECTORYlNEUHARD, MEGAN\MARITAL SETTLEMENT AGREEMENT #4.WPD 19. ATTORNEY FEES, COURT COSTS. HUSBAND and WIFE shall divide equally the fees, costs and expenses of this divorce action, with HUSBAND reimbursing WIFE his one-half share within 30 days of the entry of the decree. 20. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the bmaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting ,md enforcing his or her rights under this Agreement. 21. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b.) The right to obtain an income and expense statement of either party; (c,) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and Page 10 of 10 July 22.2004 S:\R&A FAMILY LA WlCLIENT DIRECTORYlNEUHARD, MEGANIMARITAL SETTLEMENT AGREEMENT #4.WPD (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees aJld costs and expenses. 22. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with (lach other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 23. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. 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. 26. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. Page 11 of 11 July 22, 2004 S:\R&A FAMILY LAWlCLlENT DIRECTORY\NEUHARD, MEGAN\MARITAL SElTLEMENT AGREEMENT #4.WPD IN WITNESS WHEREOF, the parties hereto have Sf:t their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~~:~ Todd Neuhard '------- Page 12 of 12 July 22, 2004 S:\R&A FAMILY LAWlCLIENT D1RECTORYlNEUHARD, MEGANlMARITAL SETTLEMENT AGREEMENT #4.WPD : SS. COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the ;;l 06 day of C1 \~' ~-\: ,2004, before me, a Notary Public in and for the Commonwealth of Pennsyl nia, the undesigned officer, personally appeared Megan Neuhard, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ':;:1 ~:v:.~~ ...~. . -TIp.;-W [l~~ . '----.. tt._ . Ls. ~11 Notary Public My Commission Expires: 'i5 /1'1/ olD COMMONWEALTH OF : SS. COUNTY OF On the dL:>...J...I... day of du.. ,2004, before me, a Notary Public in and for the Commonwealth ofPennsylvani e undesigned officer, personally appeared Todd N euhard, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL Kimberly A. ThebeS. Notary Public Lower Paxton TW.. County 01 0euphIn My Comm~ E>cpires Jan. 111.2008 ) N:;~ k~ My Commission Expires: \ 1 q {r:I?::. Page 13 of 13 July 22, 2004 S,IR&A FAMILY LA W\CLlENT DIRECTORy\NEUHARD, MEGANlMARITAL SETTLEMENT AGREEMENT #4. WPD Property retained by Megan Neuhard Master Bedroom furniture Madelyn's furniture Family room furniture Breakfast table Piano Office Furniture and equipment TV's in the family room and bedroom Snow blower EXHIBIT "A" TO MARITAL SETTLEMENT AGREEMENT Page 14 of 14 July 22, 2004 S:\R&A FAMILY LA WlCLlENT DIRECTORy\NEUHARD, MEGAN\MARIT AL SETTLEMENr AGREEMENT #4. WPD Property retained by Todd Neubard All basement furniture, including bedroom, card table, couch and big screen TV All stereo equipment All tools Dining room furniture EXHIBIT "B" TO MARITAL SETTLEMENT AGREEMENT Page 15 of 15 '" c.~ 0 c:'"..) ., -'.- )",1. ---l C... :J: "Tt G) n1 1';; ITI (/! I C) U1 .L ~/ 1.:J 7) :Jf; ,_.l ITI rCl w~ Cr\ MEGAN NEUHARD : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 04-484 : CIVIL ACTION - LAW TODD NEUHARD Defendant : IN DIVORCE AFFIDAVIT OF SER'1CE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the D,~fendant Todd Neuhard, by Certified Mail, Restricted Delivery on the 7th day of February, 2004, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit "A." Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery" Return Receipt Requested postage prepaid, addressed as follows: Date: dl iolOt Todd Neuhard 2558 Tiffany Lane Harrisburg, PA 17112 \ EXHIBIT A ..;...... . ~ "_1, 2,11'I<I3. AIle c:ompIIte 11Im 4 W Rettr1cttId 0eI/YeIy Ie deelrKI. . Pnnl your name III1d 8dcha en the roverM eo _ _ c8n return \he ....-d to you. . . AltIIch tIIIa card to the biCk of lIle rnaJlpIece, Of on the front ~ apace pennlte. 1._AddNOledto: CAgInt Todo. 'tJ~U hard $5 5~ II ++OJ\~ La ~H',~bJ(~) Pkl -.) 11 10-... 3. s.rvtce Type '11 ConIIled Mol e Exprwoo MlIil ~Rog._ 0 Rolum Rocolptlor M_ e lnou'od Moll e C.O.D. 4. F1_od~vory'/(S<lnoF"") ~ PSFoI 2595.()l).M..Ol152 () ~ :e;.~ ff: F!1 :Ei/;; G'J .J- ~:;,~~ ~c. ~~'-'" ..~ ~,~ ~.O C ". $ o ~ fSi UJ ....., ~ ~ M <::b - ~ tG~ ~~ i~ :F1 .::0 .,;; MEGAN NEUHARD Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-484 CIVIL ACTION - LAW TODD NEUHARD Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and sl~rvice 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. Section 4904 Date: <t~d -O~ L relating to unsworn falsification to authorities. ....... = = .r- 2: en I c..n o " -::I I.., nlp" -Gm :09 06 ~~~ cjrn -.--l -,-:) ~j .r;:- (.n ~:6 .< MEGAN NEUHARD Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLANI) COUNTY, PENNSYLVANIA v. : NO. 04-484 : CIVIL ACTION. LAW TODD NEUHARD Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree: of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made su1:~ect to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. DATE: ~\J~01 -c; 5? r: C;") I C;, -0 ::'.',: o -" "0 ::L.-.) rr\?," _em :.69 ;~:~~q, ~(~:'\:') ~~ >;;)f'(\ ';~::\ "1:1 :,.t:: r;j .. ."- .. Ci"" MEGAN NEUHARD Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-484 : CIVIL ACTION - LAW TODD NEUHARD Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 10,2004. 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 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. Section 4904 relating to unsworn falsification to authorities. Date: 7/zu loq ~~~ TODD NEUHARD ( c ~;;~ :':2 r,) c;> <..-" .r- > ~j:~i 1 Ul o "'n :"~ rilp' -om :ny ~::ic) ~~ ~~~ ~ "" ~1:- 0' MEGAN NEUHARD Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-484 : CIVIL ACTION - LAW TODD NEUHARD Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 su~ject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. DATE: 7!z.c.1~ ~4A-~ TODD NEUHARD 7 -.- =:~ -< r-:> = ~ ~~ I (J1 o -Tl ~.~, \"l1r;;.:. -'OfT1 -t)9 t:":~C) ;-l~f,{ '~~?I ~'t",.. ~~~ -c> -'."" r:-? J,..- a' MEGAN NEUHARD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 04-484 CIVIL ACTION - LAW TODD NEUHARD Defendant 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 divorce: Irretrievable breakdown lmder ~ 3301(c) of the Divorce Code. 4..,/ 2. Date and manner of service of the Complaint: Service was accepted by the. Defendant on the 7th day of February, 2004, by certified mail, return receipt requested, receipt number 7003 2260000123190558. Affidavit of Service filed with the court on February 10, 2004. 3. Date of execution ofthe Affidavit ofConsentrequired by ~ 3301(c) of the Divorce Code: by Megan Neuhard, Plaintiff, on August 2, 2004; by Todd Neuhard, Defendant, on July 26, 2004. 4. Related claims pending: Settled by Marital Setltlement Agreement dated July 26, 2004. 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: August 5, 2004 Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was fIled with the Prothonotary: August 5, 2004 Respectfully submitted, DATED: grC;lof Attorneys for Plaintiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" '" '" '" . . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY STATE OF . PENNA. . MEGAN NEUHARD NO. 04-484 . . VERSUS . TODD NEUHARD . . . . DECREE IN DIVORCE . . . cA" &,:);>.A .,A1 ;)ob't, IT IS ORDERED AND . . AND NOW, Avr (", DECREED THAT MEGAN NEUHARD . , PLAINTIFF, AND TODD NEUHARD , 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 terms of the parties Marital Settlement Agreement dated July 26, 2004, . and attached hereto are incorporated ut not merged herewith. ..."'. -.;;- ", . . ~'. .."""',j '-. . ...... ~ .-....,. .... ~... ... '- :" .' . / , .-~ , .. '-.-.- . - ATTEST: J. :,.', ........ ,~. ..., '0/ / ;~;...._.:_-;;::.'-:. . "'.; " ' \, \;; --_"".1"... . PROTHONOTARY 00000000000000000000 ~.,:? ~,& , 'b ~iI""" ~ /-J r7 .k - :f. ~ fjP ~ ~ ~ '-,Pp /7('?' J,r?'-.,$ .' _ \.:" i ';4, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DEBRA L. STAUFFER, Plaintiff * * NO. 2005-484 * CIVIL TERM vs. * * * * GREGORY L. STAUFFER * Defendant * CERTIFICATE OF SERVICE I, Ari D. Weitzman, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by U.S. mail, as follows: Robert O'Brien, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by: Ari D. Welt 130 West Churc Suite 100 Dillsburg, P A 17019 (717) 432-9666 IDNo.: 81927 - '" c':":'! t'.":,;\ U1 o -n -< 7. ..,., fn-:.:o .......f-M :i)Cf,l \~ ~ '~~~ ',-n <~C') \~rn ''D :-<: :% ::!..<''' ?c1 I W ::: -~ <.? Co"") (..11 .. . )1' D. l,~ r: \.' ,- liDV -4 .04 . . . .. . .. .. PS.E.R.S. I COURT qF COMMON PLEAS OF CUMBERLAND COUNT';{, PENNSYLV ANlA ) .. .j. . . RECEIVED MAY 1810051 . . .. : .. ~ ~ Mel!an Neuha~d .. PlamtJif . . .. CMLACTION -LAW \;""'. '. ., VS NO. 04-484 Todd Neuhard, Defendant IN DIVORCE . ',,' . . . . . ..' . . . .. . . . .. . . . STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER". . . AND NOW, th1s)~,1. d~y ot: Ifv,-y. ,JOO5 thepartles, Meg~ Neuhard, PJamt{tr and Todd Neuhll1'd, Defendant, do hereby Agree and StIpulate asfol).ows . . . . .. . . . 1 . The Defendant, Todd Neuhard(herem:after referred to as "Member"}ls a member of the .. Co=onwealth DfPenns;l~anla: Pubhc School Employees' Retmnnent System (heremafter . referred to as "PSERS") . . 2' PSERS,.as .a creature of statute, IS controlled by the Pubhc School Employees' RetIrement Code, 24 I'a C S ~~8101 et sea ("RetU'ement Code") . 3 . . -Member;. date of bui.h ,sNove~ber 14, 1969, ~d luSSOClal SecUnty number IS 1E1D-G8- .4336.. 4 . The PlamtJif, MeganNeuhard (heremafte; referred to as "Alternate Payee") 1S the former spouse of Member Alternate Payee'sdateofbu-th IS August 28,1969, and her SOCIal Secu:nty number IS 207-62-8063 . . .' '. . . . .' .5 Member's last knownmll1hng address IS . 1503B Blue Mountam Parkway Fiar.nsburg,PA 17112 /,1 6 Alternate Payee's current mB.1l1ng address IS . 4983 Saddlebrook Dnve Harnsburg, PA 17112. , - } ... \. r PJ.ct-- ':,' HOV -4 04. PoSE \\ S. ( , DRO Pag~ 2 ~. .' . . . . . It IS the re~ponslbulty of Alternate Payee to keeP B. current m,!llhng address, on file with, PSERS at.all tImes . . " .- , ",.. . . . . . . ~ 7 .. (a) . .The manta) property component of Member's retIrement benefit equals (1) the . coverture fractIon multIphed by (2) .the Member's retIrem:ent benefit accrued on the effectIVe date of Member's retIrement. (b) The coVertllre fraction IS a fractIOn With Ii value less than or equal to one The numerator IS the amount of the Member's SeTVlCe, as defined by PSERS, as of June 30, 2003 (the date of SeparatIOn) The denonunator IS the total amD1).nt of Member's semce, as defined by . . PSERS, on.the effectIve date of Member's retrrement. . . . - (c). The portIOn of the mantal property component of Member's retrrement benefit to . be allocated to the Alternate Payee as her equitable chstnbutIOn p~rtIon .of tlus manta! asset IS .50% . SMember'sretIrement benefit l,9 defuied as all momes. plUd to or on behalf of .Member by . . . , . PSERS, mc1udrng any lump sum Wlthdrawals or scheduled or ad hoc.mcreases, b\lt excludmg tl1e chsabIhty portIOn of any dlsablhty annUitIes plUd to Member by PSERS or any deferred . . compensatIon benefits plUd to Member by PSERS The eqUItable chstnbutIon portIon oithe .mantal property coinponentofMember's retlI'ement benefit, as set forth In Paragra,ph7, . ..multlphed by'a reductIOn factor (calculated to'proVlde benefits actuanaily eqwvalentto an . annUIty startmg at t~e Member's superannu~tion age) If payments co=imce to Member before .rus superannuatIOn age, shall be payable to Alternate Payee- Pa~ents to Alternate Payee shall . commence as soon as admlmstratIvely feasIble on or about the date the Member actually enters pay status and PSERS approves ~ Domestic Relatlo;"s Order lncorporatlng trus StIpulation and Agreement, wrucl1ever IS later "/i 9 Member hereby nominates Alte;nate Payee as an Irrevocable benefiCIary to the extent , . . of Alternate Payee's eqUItable d,stnbutlOn portIOn of Member's retirement benefit for any death benefits payable by PSERS TIus nommatIOn shall become effectIve upon approval by the Secretary of the RetIrement Board, or hlS authonzed representatnie, of any DomestIc RelatIOns . "' ~ ') . FEClIVC[J. tmV -:-401; . . . , . . . .. .PS.E.R.S... . Order mcorp()ratmg tIDs StipUlation and Agreement . Thebalance of any ~eath benefit remammg after the allccatton of Alt~Tnate Payee~8 equitable dlstnbubonportlon C'Baia,nce") shall be prod to. o . . . ".. .. . the benefic)lanes named by Member on the last NommatlDn of :B~neficllmesForm filed Wlth the .. .' Retirement Board pnorto Member's death. ) . DRO Page 3 . - . . .. . . . . . . . ". . .. (a) If the iast NommatlOn of BeneficlanesForm med.by Member pnor to Member's . death(a) predates any approvedDomestle-RelatlOns Order mcorpDratmg tills Stipulation and . . . Agreement, and (b) names Altern,atePayee as a benefic:lary, then (1) the terms ofthe Domestic . Rel!it)6ns O;dershiUl alone govern Alternate Payee's share of any death benefit, and (2) for . purposes of paytng the Balance Vla .the last Nommatton of Beneficlanes Form filedwlth the . . .,'. . '. .' ~:' '. -'. . RetJrement Board pnor to Member's de'llth,. Alternate Payee shall be. "treated as If Aiternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate . (b).. .. In adcl.1tioIi., Meinbershallexecute and dehver to Alternate pa;ee an. . authonzatlOn, In a form acceptable to PSERS, willch Will "uthonzePSERS to release to Alternate Payee all relevant mformatlDnconcermng Member's reurement account. Alternate Payee shall dehver the authonzatlOn to PSERS wluch Wlll allow the Alternate Payee to check that she has . been and contmues to be properly n:onunated. under tlus paragraph... 10 The term and amounts of Member's retirement benefits payable to the Alternate Payee after PSERS approves a Domestic &latlons Order lncorporatmg tills StlpulatlOI:! and Agreement IS dependent upon willchoptJon(s) IS (are) selected by Member upon retU'ement Member and, Altern~te Paye~expressly agree tha~, at the ~me that the Memb~r files e. retlr~mentapphcatJon WIth PSERS . (a) . Member may elec.t to receive, by lump Bum, all or a portlOn of ills accumulated deductIOns / The portlOn ofthe accumulated deductlOns to be pald to the Alternate Payee shall . be detennmed by multiplymg .(1) by (2) by (3) where (1), (2) and (3) are as follows .{ . . ,'; }. \ -. RE::[:IVF[\ . H()~ - I; . 01; DRO Page 4 ," .' . . . .' . . . . . . (l). Accumula~d deduct~ons on JUM 30,2003, accum.ulare~.~~Smt~rest at the. ~statutory rate (curtently4% p~iaM'X!U)coni.pounded annually from June 30, 2003, until the date payments. commence to the Member .. . . ". . . (2) . 50 OO%.(th~ portl~n ol'themaz:tttucom\>onent ofMember'~ retu:ement ... benefits allocated to Alternate Payee In accordance mth Paragraph 7(c) . (3) .ktlo obtamed by d1Vldmg amount of. accumulated deductlonS the Member . . . .'. . . elects to reCBlYe by the total amount oflus accumulated deducbons'on thedate payments coinmence to the Member. . . , . . . . '. . '.. . . (b) Member sh.all elect a Jomt andeqmtable dlstnbutlon portIon (as def~edm Paragraph 7) annmty payable dunng the hfehme of the Member WIth aneqintable chstnbutlon ... portlon (as defmed In Paragraph 7) of such ailnUlty payable ther7afterto lus sllIVlvmg annUltant, . If hvmg at lus death The Member shall desIgnate. the Alternate Payee as IDS rrrevocable SUTVlvor annultant.to the extent of Alternate Payee's eqwta:ble mstnbutlon portIon (as defined 1n .. Paragraph 7) The Member shall.bear all costs resultmgfrom choosmg such.optlon. The'tntent of tms option selectlon IS tomeimteimlevehzed payments to the Alternate Payee for her hie In the .' . . . . . . . "vallt of ~=ber's death after retU'ementThe ..Alternate Payee shall receIVe hereqmta~le. '.. . distnbutlDn portlon of the annUIty wIDch .1S payable to the Member. dunng lus hfetune, so that she shall receIve a portIon ~f the Member's che.ck .dunng hu, hfetlllle and the same~ount, as a SUl'Vlvor benefit, 1f the Member- predeceases the Alternate Payee after retIrement (c) Member may choose any optlonw1th respect to the non-manta] portIon of the Member's benefit . Any optIOn selected shall not reduce the amount that 1S to be prod to the Alternate Payee 01: her estate under the provlSlons. of tlus Order .. . 11 AlternatePayee may notexerC1se any nght, pnVllege or option offered by PSERS PSERS shall Issue lnchVldual tax forms to Member and Alternate Payee for amounts paId to each / 12 In the event of the death of Al.tentate Payee, phor to the rec.e1pt of all payments potentlally payable to the Alternate Payee from PSERS under tlusOrder, then any payment . . , ... ) ) . . R... ('C\VE.O t. ,/ r_ '. HOV":404 ,DRO Page .5 . . . ." . . . . .' , . . . pf.lyable to the Alternate"Payee b~ PSERs shall be plUdto Alternate pale~s~ft~e to th~extent of . . . . . '. . . . ". . . . ~ . Alternate Payee's eqintable d1stnbutlon portlon of Member's retlreInllnt benefit . ,. , .. .... .13 11;1 no event ~hal1 Alternate Paye~ have greater benefits .or nghts ether then those. whlch are avauable to M~mber . Alternate Payee 16 not entitled to any benefit not otheI'Wlse proVlded by PSERS .. The Alternate Payee lS only entltled to thespecillc benefits offered by PSERS asproVlded m this Orde': All ot.her nghts, pnVlleges andoptlOns .offered by PSERS not granted to Alternate Pay~eby this Order are preserved for Member. . .. . . 14 It lS sp~Clfically l.htended and agreed by the partleS hereto that. tms. Order (a) . Poesnot reqture PSERS to proV}deany tyPe ,or form of-benefit, or any opt1on not othl!r\VlSe proVlded under the Retlremimt Code, . . . '." ..... . . .. . . . . .". . ..... :", .",. . . " .' .' . . : . . .' : . ,".". '.' . '. . (b) DoM notrequlTe PSER$ to proVlde mcreased benefits (determmed on the basls of . . .. ..' actuanal value) unlessmcreased benefits are pmd to Member based upon cost of hvmg or mcreaSes based on other than actuanal values. .. '. .... .,. 15. The parbes 1ntendandagree thatthe term.s of this St1pulatlonand Agreement shall be ... approved, adopted and entered as a Domestlc Relatlons Order 16 The Court of OommonPleas of Oumberland County, P~nnsylvaIlla,shall retBln JUrlsmctlon to amend any Domestlc RelatlDns Order J.I1corporatlng tlus Stipulatlouan,d . Agreement, but only for the pUrpo,se of esiahhslung lt .or mamtlUmng ltas a Domestic Relatlons . Order, provlded, however, thatno such amendment shall reqUlre PSERS to proVlde anytype or form of benefit, or anyeptlOn not. otherwlse proVlded byPSERS, and further proVlded that no such amendment or nght of the CoUrt to s~ainend wulJ.I1vahdate this ~stlng Order ~/,., . ------ . , ) .R[ r.Fl 'Jf r. NOV' 4 04 ... . .. PS.ER S. . W 17 l)pon entry as a DD~estlc RehitlOns Order. a certIfied copy ofthe Domestic R81atlons . Order ljDdtlns Stlpulatlon and Agreement and any attendant documentS shell beseNed upon. . PSERs lmmedlately ..The DomestIc Relations. Order. shall take effect rmmechately upon PSERS . . a'pprovaland PSERS apprD';'al of any attendant documents and thEln shall rem.am III eff,ect until . further Order of the CQurt. . DRO. Page (; \ " ',' ) . .' ~ . . . .. ..WI-l~R~F?~~; the~artles, lllten,dlng to be legally bound by the tei-ms oftlus Stlpulatlon . .mci Agreetnent, do "he~Unto. p1ace thelI hands and seals ~~,:<:,_~{:;;/ j,. ^' f'* .' 1 DefendantJMember Att neJ:' for PlamtJ.ffi'Alte:rnate Payee . .. ~..? .~O ~.'Y o -- LI . ~} 'i.~ . ') s Z ! \fU ~:D0Z T'<J ~l I ~'.'~\ _,J -- Monica E. Baturin, Esquire Atty ID No.: 73356 BATURIN & BATURIN 2604 North 2" Street Harrisburg, PA 17110 (717) 234 - 2427 MEGAN (NEUHARD) MADSEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Case No.: 04-484 c ? a "n rn z TODD NEUHARD, CIVIL ACTION - AT LAW ..v.= Cz -< -r- Defendant IN DIVORCE/CUSTODY o° i--?c ---tcn PETITION TO MODIFY CUSTODY ORDER f AND NOW, this 30th day of November, 2010, comes the Defendant Todd Neuhard, by and through his attorney Monica E. Baturin, Esquire, of the Law Offices of Baturin & Baturin, and hereby files this Petition to Modify Custody, which said Order was entered on July 26, 2004, as Paragraph Fifteen of the Marital Settlement Agreement to the above-captioned docket number, and in support thereof, respectfully represents the following: 1. Defendant/Petitioner (hereinafter referred to as "Father") and Plaintiff/Respondent (hereinafter referred to as "Mother") are the natural parents of minor child Madelyn Neuhard, age 10 years old, (DOB: July 4, 2000). 2. An initial Order for Custody was entered on July 26, 2004, as part of the Mother and Father's Marital Settlement Agreement. Paragraph Fifteen of said Agreement (a copy of which is attached hereto and incorporated herein as Exhibit "A," is titled Child Custody and states that the parties shall "share legal custody of their child." The paragraph also states that the Mother shall have primary physical custody and that the Father shall "enjoy periods of partial custody as the parties agree." In addition, the paragraph specifies that it was the parties expectations at the time that a more detailed agreement regarding custody would be forthcoming in the near future. The aforementioned Paragraph Fifteen has been the only Order regarding custody of the parties minor daughter since 2004. 4. Father strongly believes that it would be in his child's best interest to modify the terms of custody and to outline a more precise partial custody/visitation schedule for Father and Mother to adhere to because of the following reasons: (A) Mother recently advised Father, in mid-November, 2010, of her intention to relocate with the parties' daughter from the Commonwealth of Pennsylvania, where she has lived since birth, to the State of Wisconsin in January, 2011. Mother neither consulted with Father nor daughter first before making such a life-altering decision; (B) Father has an excellent relationship with his daughter Madelyn. Not only was he a primary custodian over his daughter for the first four years of her life but after the Mother and Father divorced in 2004, Father has had periods of partial custody over his daughter every week of every month and is actively involved in all aspects of her life; O Father loves his daughter very much and is greatly disheartened by the suddenness of the move and by the fact that his daughter will now be living so far away as to make their regular weekly visitation virtually impossible to continue, and (D) For other reasons that may become apparent at the time of the Custody Conference. WHEREFORE, Father is respectfully requesting that the Custody Provision of the Parties' Marital Settlement Agreement be changed to reflect a more detailed arrangement for Custody, including but not limited to, an Order one affording Father periods of partial custody for the entire summer, beginning June I5" until August 15", as well as during the extended school holidays, such as Thanksgiving and Easter, and 3-day weekends. Father would also respectfully request alternating the Christmas Holiday but on the years that he doesn't get visitation on Christmas, he would get custody of his daughter on December 26' until New Years' Day, as well as any other times as the parties may mutually agree. Respectfully Submitted, BATURIN & BATURIN LAW OFFICES ByJiMMo 1 C.2_ c a a E. Baturin, Esquire Attorney ID No.: 73356 BATURIN & BATURIN LAW OFFICES 2604 North 2nd Street Harrisburg, PA 17110 (717) 234 - 2427 Attorney for Defendant/Petitioner Dated: November 30, 2010 July 22, 2004 S:\R&A FAMILY LAWICLIENT DIRECTORY\NEUHARD, MEGAN\MARITAL SETTLEMENT AGREEMENT #4.WPD MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this R LP 0\ day of ::? y1?A .., 2004, by and between MEGAN NEUHARD (hereinafter "WIFE") and TODD NEUHARD, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were marred on July 11, 1992 in Lewisburg, Union County, Pennsylvania; and separated on September 1, 2003; WHEREAS, the parties have one child of this marriage, namely Madelyn Anne Neuhard, born July 4, 2000; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and r NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been frilly explained to the parties by their respective counsel. , WIFE is represented by Debra Denison Cantor, Esquire of F3a4TRT_T "A" July 22, 2004 S:1R&A FAMILY LAW\CLIENT DIRECTORYINEUHARD, MEGANWARITAL SETTLEMENT AGREEMENT #4.WPD effectuate the transfer. HUSBAND agrees to be solely responsible for the repayment of said debt and agrees to indemnify and hold WIFE harmless from said obligation. 15. CHILD CUSTODY. The parties shall share legal custody of their child Madelyn. WIFE shall have primary physical custody of Madelyn and HUSBAND shall enjoy periods of partial custody as the parties agree. It is the parties expectation that a more detailed agreement regarding custody will be negotiated and signed in the immediate future. HUSBAND agrees that Madelyn shall not be in the presence of his girlfriend Marianna for a period of thirty days from the date of the execution of this Agreement going forward. 16. CHILD SUPPORT. Upon the sale of the marital home or if HUSBAND fails to make a mortgage payment, HUSBAND agrees to pay the sum of $1,100.00 to WIFE on a monthly basis for the support of Madelyn. HUSBAND shall continue to carry health insurance, providing coverage to Madelyn. WIFE shall be responsible for the first $250.00 of unreimbursed medical expenses and then the party shall divide those expenses, 55% HUSBAND, 45% WIFE. WIFE shall be solely responsible for any and all childcare costs. WIFE shall be responsible for the first $100.00 per year of extracurricular activity expenses. Thereafter, HUSBAND and WIFE shall divide those expenses 55% HUSBAND and 45% WIFE. Both parties shall agree upon Madelyn's enrollment in extracurricular activities in order to be required to contribute to those activities. The parties agree that they shall not unreasonably withhold consent to participate in activities. EXHIBIT "A" Page 8 of 8 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION TO MODIFY CUSTODY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: November 29, 2010 (SEAL) TODD NEUHARD MEGAN (NEUHARD) MADSEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN4 o , r? z< o -f V. MCD M 2004-484 CIVIL ACTION LAW m M_ roM r- ?> N CC")7 TODD NEUHARD IN CUSTODY DEFENDANT =C) C)rn -•C ORDER OF COURT AND NOW, Wednesday, December 01, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 17, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn J. Mangan, Jr., Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 l? a a?? 0 32 South Bedford Street Carlisle, Pennsylvania 17013 d Telephone (717) 249-3166