Loading...
HomeMy WebLinkAbout04-1210WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, HI, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; : NO.O~/- I~l~ CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against thc claims set forth in thc following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, HI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C~4- 1,~1(~ C1VIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, WANDA RENEE LINDSEY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay C andiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is WANDA RENEE LINDSEY, an adult individual, who resides at 32 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over four (4) years. 2. Defendant is WILLIAM FRANCES LINDSEY, IH, an adult individual, who resides at 32 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 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 lawfully married on July 28, 1990. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant has ever been a member of the United States Military Services. 9. Plaintiff and Defendant have two (2) children from their marriage, KAYLN MARIA LINDSEY, bom October 26, 1990, and KELSEY RENEE LINDSEY, born August 26, 1992. COUNT I ~ REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed fi.om the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, WANDA RENEE LINDSEY, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF TIlE DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff,, WANDA RENEE LINDSEY, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT RI - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a}(2) and 3323(b) OF THE DIVORCE CODE 14. thereto. 15. the Plaintiffand the Defendant at this time: NAME KAYLN MARIA LINDSEY KELSEY RENEE LINDSEY Paragraphs 1 throu~ 13 of this Complaint are incorporated herein by reference The parties are the parents of the following minor children who reside with both AGE SEX 12 years Female 10 years Female DATE OF BIRTH October 26, 1990 August 26, 1992 16. addresses herein indicated: WITH WHOM Plaintiff and Defendant During the past five (5) years the children have resided with the parties and at the ADDRESS 32 Bayberry Drive Mechanicsburg, PA FROM / TO 1998 to present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Shared Physical Custody of their children. WllEREFORE, Plaintiff, WANDA RENEE LINDSEY, requests this Honorable Court grant Plaintiff, WANDA RENEE LINDSEY, and Defendant, WILLIAM FRANCES LINDSEY, Ill, Shared Legal Custody and Shared Physical Custody of the minor children, KAYLN MARIA LINDSEY and KELSEY RENEE LINDSEY. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. susan rxay cana~e, no/lzsc]mre Counsel for PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. WANDA RENEE LINDSEY PLAINTIFF WILLIAM FRANCES LINDSEY, III DEFENDANT IN ']?HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-1210 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective cotmsel appear before Dawn S. Sunday, Esq. ___, the conciliator, at 39 West Main Street, Meehanie~burg, PA 17055 on Tuesday, April 27, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an eftbrt 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. All children age five or older may also be present at thc conference. Failure to appear at the conference may provide grotmds 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 hearinl~. FOR THE COURT, By: /s/ Dawn S. Sunday. Esq, mhc 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. Ail 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 SE']? FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, 1~, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1210 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY _ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Dated: ,2004 WILL-IAM FRANCE SCLi~D sE~_=iif Defendant APR 3 0 2004 WANDA R. LINDSAY Plaintiff VS. WILLIAM F. LINDSAY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1210 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 26th day of April 2004 , the conciliator, being advised by counsel, that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for April 27, 2004 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator WANDA RENEE LINDSEY, PLAINTIFF WILLIAM FRANCES LINDSEY, III, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBEl~LAND COUNTY, : PENNSYLVANIA : NO. 04-1210 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FO]R CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is WANDA RENEE LINDSEY (hereinafter sometimes referred to as "Mother") who currently resides at 32 Bayberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. Defendant is WILLIAM FRANCES LINDSEY, III (hereinafter sometimes referred to as "Father") who currently resides at 32 Bayberry Drive, Mcchanicsburg, Cumberland County, Pennsylvania, 17050. KAYLN MARIA LINDSEY, born on October 26, 19'90 and KELSEY RENEE LINDSEY, bom on August 26, 1992, are the natural children of the Mother, WANDA RENEE LINDSEY, and the Father, WILLIAM FRANCES LINDSEY,III, and are the subjects of this Stipulation for Agreed Order of Custody. It is Mother and Father's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their Mother: and Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, WANDA RENEE LINDSEY, and Defendant, WILLIAM FRANCES LINDSEY,III, based upon their intention to separate on or about June, 2004 and obtain a final divorce from each other at the expiration of their ninety (90) day waiting period, have entered into a mutual agreement regarding the custody of their children, KAYLN MARIA LINDSEY and KELSEY RENEE LINDSEY, and respectl~ully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share equally Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, KAYLN MARIA LINDSEY and KELSEY RENEE LINDSEY. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. Neither Mother nor Father may make unilateral, arbitrary decisions in these areas. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should re. spect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. If either parent should be unreachable at their office or residence, then that party shall provide the other party with the necessary information to facilitate notification of an emergency. Day-to- day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both Father and Mother's names shall be listed, with the school as the parent to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at s~dd activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Mother and Father shall Share Physical Custody of their children, KALYN MARIA LINI)SEY and KELSEY RENEE LINDSEY, according to the following schedule: A. Father and Mother shall alternate weekends, with the parent beginning their weekend getting the children at 5:00 to 6:00 p.m. on Friday evening through Monday morning, when the parent shall take the children to school or to the other parent's residence; B. 1) Following Father's weekend: Mother shall be responsible for child care on Monday or picking the children up after school on Monday. Mother shall have the children through Wednesday morning when she shall take the children to school or to their day care. Father shall be responsible for day care on Wednesday or pick the children up after school on Wednesday and keep the,' children through Friday morning, when Father shall take the children to school or day care. 2) Following Mother's weekend: Father shall be responsible for child care on Monday or picking the children up after school on Monday. Father shall have the children through Wednesday morning when he shall take the children to school or to their day care. Mother shall be responsible for day care on Wednesday or pick the children up after school on Wednesday and keep the children through Friday morning, when Mother shall take the children to school or day care. C. The parties have agreed they will honor the children's requests to the best of their ability and provide the children with liberal acces..s to both parties' residences. D. The parties shall alternate the following holidays. Father shall have the odd numbered holidays and Mother the even numbered holidays in the odd numbered years, to alternate annually thereafter: 1) New Year's Eve and Day (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (this holiday shal]~ be extended to include time for fireworks); 5) Labor Day; 6) Thanksgiving Day. Christmas Day: The parties have agreed to share this holiday with Father having Schedule "A" and Mother Schedule "B" in the odd numbered years to alternate annually thereafter. Schedule "A" shall begin at 5:00 p.m. on Christmas Eve through 1:00 p.m. on Christmas Day. Schedule "B" shall include Christmas Eve Day at 9:00 a.m. through 5:00 p.m. and Christmas Day at 1:00 p.m. through the day after Christmas at 1:00 p.m. E. Father shall have the children on Father's Day and Mother shall have the children with her on Mother's Day; F. Mother and Father may each request one to two (1-2) non-consecutive weeks of vacation each year. The parties requesting a vacation must provide the other party with a written notice a minimum of thirty (30) days in advance of the time they wish to have the children for vacation; G. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled vi[sitation. Holidays shall begin at 5:00 p.m. the evening before the holiday and extend through 8:00 p.m. the day of the holiday, unless the parties agree to other times. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their children for more than four (4) hours. 12. Mother and Father agree to share transportation eq:ually, with the party beginning their period of visitation being responsible to get their children. 13. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 14. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties. by both parties. ~-~ .~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 15. The parties shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is Permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed ~A~DA/LENEE LIND~ : SS: , On this, the ~.~ day of ~o~r~ , 2004, before me, a Notary Public, the unaersigned officer, personally appeared S~AN KAy CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the higJhest court of said State and a subscribing witness to the within instrument, and certified that She was personally present when WANDA RENEE LINDSEY and WILLIAM FRANCES L[NDSEY, III, whose names are subscribed to the within Stipulation for Agreed Order of Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. My Commission Expires: Gail P. Minqich, Notary Public J M~e~.~.iCSburg Boro, Cumberland County L My CommisSion ExCres Dec. 9, 2006 I~be¢, Pennsylvania AS~Notades WANDA RENEE LINDSEY, PLAINTIFF VS. WILL/AM FRANCES LINDSEY, HI, DEFENDANT : IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1210 CIVIL TERM : CIVIL ACTION - LAW · ACTION FOR CUSTODY .ORDER OF COURq. AND NOW, this ~_~day of _~.~ ~ ,2004, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, WANDA RENEE LINDSEY, and Defendant, WILLIAM FRANCES LINDSEY, III, shall SHARE LEGAL CUSTODY and shall SHARE PHYSICAL . · . CUSTODY of their minor children,, KAYLN MARIE LINDSEY and KELSEY RENEE LINDSEY, in accordance with the language contained in the within Stipulation. BY THE COURT, WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, HI, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBER]LAND COUNTY, : PENNSYLVANIA : : NO. 04-1210 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR, CUSTODY STIPULATION FOR CHILD SUPPORT WHEREAS, Plaintiff, WANDA RENEE L1NDSEY (hereinafter sometimes referred to as "Mother"), and Defendant, WILLIAM FRANCES LINDSEY, III (hereinafter sometimes referred to as "Father"), now seek to resolve matters regarding child support; and WHEREAS, the parties do not wish to utilize the Don~testic Relations Section of Cumberland County Court of Common Pleas and have agreed to enter into this Agreement based upon the current circumstances of the parties. This Agreement shall be subject to modification by the Court in the event of changed circumstances. Either pa~rty may attempt to reach an agreement with the other party in the event of changed circumstances or may file a petition with the appropriate Court to modify this Agreement. NOW THEREFORE, the parties agree as follows: 1. Wanda Renee Lindsey and William Frances Lindsey, III, shall Share Physical Custody of Kalyn Maria Lindsey and Kelsey Renee Lindsey. 2. The parties have agreed they shall not seek child support from each other, but shall be responsible for their children's everyday expenses, including any child care expenses, while the children are in their custody. 3. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their childre:a. The parties agree to equally (50/50) share extraordinary expenses, such as sports, gymnastics, dance, etc. for their children, which are in excess of Fifty Dollars ($50.00). When purchasing clothing, shoes, coats, etc. the parties agree to cooperate and share equally (50/50) in these expenses. Any items of clothing, shoes, etc. which are in excess of Fifty Dollars ($50.00) shall be discussed between the parties, if the expense is to be shared between the parties. 4. The parties have agreed Father shall continue to provide Medical Insurance for the parties' two (2) minor children, based upon the parties' current employment circumstances. 5. The parties have agreed Father shall be responsible for Sixty Per-Cent (60%) and Mother shall be responsible for Forty Per-Cent (40%) of medical, dental, orthodontia, vision and psychiatric expenses for their two (2) minor children which are not covered under any medical insurance. 6. The parties have agreed Father shall have Kelsey Renee Lindsey as an income tax exemption and Mother shall have Kalyn Maria Lindsey as an income tax deduction. 7. 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 parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. 8. The provisions of this support stipulation pertaining to child support may, at the request of either party, be entered as an amicable Order of Support in the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other Court having jurisdiction. Whether or not the same are entered as an amicable Order of Support, t~te provisions of this support stipulation pertaining to child support shall be subject to review and modification at any future time by a Court having jurisdiction, at the request of either party, based upon substantial change of circumstance, the same as if they were entered as an Order of Support pursuant to Pa.R.C.P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WANDA RENEE LINDSEY ( LL¥ ;d A CES LI mS SS: On this, the ~"~day of ~¢txq_ , 2004., before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANI)IELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when WANDA RENEE LINI)SEY and WILLIAM FRANCES LINI)SEY, IH whose names are subscribed to the within Stipulation for Child Support, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Nota~P~ab~lic¢' My Commission Expires: Notadal SeaJ G~il P. Minnich, Notary Public Mechanicsb~rg Boro, Cumberland Count~ My Commission Expires Dec. 9, 2006 Member, Pen~s,v~vania As~ r'~,;ation Of No~e$ WANDA RENEE L1NDSEY, Plaintiff WILLIAM FRANCES LINDSEY, III, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 04-1210 CIVILTERIVl ORDER OF COURT AND NOW, this 9th day of August, 2004, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, Wanda Renee Lindsey, and Defendant, William Frances Lindsey, III, shall share legal custody and shall share physical custody of their minor children, Kayln Marie Lindsey and Kelsey Renee Lindsey, in accordance with the language contained in the within Stipulation. ANy REQUEST for a change in this order as it relates to support shall be prosecuted through the Domestic Relations Office by means of a support complaint. BY THE COURT, ^.u¥!E, ,c, ~i,~,~ =,HI ~0 MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this ~ day of_ (~'~'~ ~ ,2004, by and between WANDA RENEE LINDSEY and WILLIAM FRANC~ LINDSEY, III. RECITALS Date of Marriage: July 28, 1990 Place of Marriage: Cumberland County, Pennsylvania Last Marital Residence: 32 Bayberry Drive, Mechanicsburg, Cumberland County, PA 17050 Date of Separation: /_'Lnt_ i~lx~h,~y1., _~ c~:~¢'r'Q~ Children: KALYN MARIA LINDSEY, born on October 26, 1990 and KELSEY RENEE LINDSEY, born on August 26, 1992 Pending Court Proceedings: None Divorce Court of Common Pleas No. 04-1210 of Cumberland County, Pennsylvania WHEREAS, diverse un_happy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the mst of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the, past, present and futura support, and/or maintenance of Wife by Husband; and, in general, any a~ad all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, 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 benefit, 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 molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or othelwvise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue, of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the fight 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 of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the fight of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a fined judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the pm~ies intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in arty enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. The parties agree to sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree as appropriate with the current ninety (90) day waiting period in effect in the Commonwealth of Pennsylvania. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "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. 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and Philip H. Spare, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully infbrmed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divome Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and beliew:s them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARYEXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have roached this Agreement freely and voluntarily, without any duress, undue influence, collusion or irnproper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds:, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full rome and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any hreach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Mechanicsburg, Petmsylvania 17050, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Philip H. Spare, Esquire at 44 West Main Street, Mechanicsburg, Pennsylvania, 17055, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 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 performed 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 any claim made pursuant hereto by the creditor-spouse, and the: debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragrapl~t or any other provision of this 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 any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be sul:ject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein 6 that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available trader applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divome Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enfoming the terms thereof, 'the parties hereby agree that the broaching party will pay all attorney's fees incurred by the other party in enfoming the Agreement, provided that the enfoming party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1998 Mercury Sable, titled jointly in Husband and Wife's names, shall hereafter be the sole and exclusive property of Wife. Husband and Wife agree to cooperate in the execution of all documents necessary to change the title to the vehicle to the name of the Wife alone. Them is a loan on this vehicle in both Husband and Wife's names. Wife will refinance this loan in to her name only within thirty (30) days of her receipt of the payment from Husband of the equity from the marital residence. Wife agrees to be solely responsible for all taxes and insurance on this vehicle. B. The 1992 Custom Buick Regal, titled in Husband name, shall hereafter be the sole and exclusive property of Husband. There are no loans on thi:s vehicle. Husband agrees to be solely responsible for all taxes and insurance on this vehicle. C. The 1984 Ford Truck, titled in Husband name, shall hereafter be the sole and exclusive property of Husband. There are no loans on this vehicle. Husband agrees to be solely responsible for all taxes and insurance on this vehicle. D. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. E. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title ;and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties presently have two (2) joint checking and savings accounts with Members First. There is no or minimal monies in the savings account. The checking account is still being used to pay for marital debts. Husband and Wife agree to close these savings and checking accounts within thirty (30) days of the date Wife leaves the marital residence and divide any remaining monies in each account, after all marital debt has been paid from these accounts, equally (50/50) between them. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to these accounts. The funds from these accounts shall hereafter be the sole and exclusive property of the party in possession of them. Husband has an individual checking and savings account with Members First. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's Member's First checking and savings account. Wife shall open her own individual checking and savings account with Members First. Husband hereby agrees to specifically release and waive any and all interest, claim or fight he may have in Wife's Member's First checking and savings account. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. LIFE INSURANCE Husband presently has an individual life insurance policy through his employer. Husband agrees to have the parties' two (2) children as the beneficiaries of this life insurance policy in equal shares with Wife to serve as trustee of the proceeds of their life insurance policy for the children. Once the children reach the age of eighteen (18) years this paragraph shall be null and void. 5. RETIREMENT INTEREST Wife Wife does not have any retirement interests. Husband's 401k Husband has a 401k with Van Guard which was previously Husband's retirement with United Water. The full mount in this account as of March 31, 2004 was Forty-Three Thousand Seven Dollars and Forty-Seven Cents ($43,007.47) shall be transferred to Wife. Husband's counsel shall prepare all necessary documents to effect this transfer to Wife. Husband shall retain any and all other interests in his retirement plan provided by his employer, United Water. 7. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Husband has requested to ]keep the marital residence and Wife has agreed. The parties have agreed on a value for the marital residence of approximately One Hundred Forty-Four Thousand Dollars and No Cents ($144,000.00). There is a mortgage on the marital residence with Columbia National Mortgage Company of approximately One Hundred Two Thousand Dollars and No Cents ($102,000.00), leaving equity in the marital residence of approximately Forty-Two Thousand Dollars and No Cents ($42,000.00). Husband has agreed to refinance the mortgage on the marital residence removing Wife's name no later than sixty (60) days following the execution of this Agreement. Husband shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. Upon refinancing the marital residence Husband shall pay to Wife the sum of Four Thousand Dollars and No Cents ($4,000.00). Wife agrees to sign a deed and all additional documents to transfer all her right, title and interest to the marital residence to Husband at the time of Husband's settlement to refinance the marital residence. Husband's counsel shall prepare the new deed to the marital residence for the Wife to execute. Wife's counsel may hold the deed in escrow until the actual date of Husband,s refinancing of the marital residence. 8. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 9 1) Mortgage on the Marital Residence Husband shall refinance the mortgage with Columbia National Mortgage Company on the marital residence removing Wife's name from the mortgage. Husband shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. 2) Members First This is a vehicle loan for the Men:ury Sable, which Mother shall keep. The loan balance is approximately Eight Hundred Dollars and No Cents ($800.00). Wife agrees to remove Husband's name from this loan and assume full responsibility for this loan within thirty (30) days of the receipt of the monies from Husband after he refinances the marital residence. 3) Gordons This is a credit account solely in Wife's name. The account balance is approximately Two Thousand Dollars Two Hundred Dollars and No Cents ($2,200.00). Wife agrees to assume full responsibility for this credit account. 4) Bon Ton This is a credit account solely in Wife's :name. The account balance is approximately Three Hundred Dollars and No Cents ($300.00). Wife agrees to assume full responsibility for this credit account. 5) Sam's Club This is a credit account solely in Wife's name. The account balance is approximately Three Hundred Dollars and No Cents ($300.00). Husband agrees to assume full responsibility for this credit account. The parties agree to close this account. 6) Kohl's This is a credit account solely in Wife's nan~e. Wife agrees to assume full responsibility for this credit account. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons arty and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. 10 C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name ora party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties ihereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and fi>r all purposes, as though he or she were married. 11. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, AND ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they :may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 12. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each 11 other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband agrees to be responsible for the stun of Five Hundred Dollars and No Cents ($500.00) toward the counsel fees of Susan Kay Candiello, Esquire, in obtaining this divorce. Wife shall be responsible for the remaining counsel fees of Susan Kay Candiello, Esquire. Husband agrees to be responsible for the counsel fees of Philip Iq[. Spare, Esquire. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof priolr to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~rlTNES~- ~' -'";~-.~ /q WANDA RENEE LINDSE , FA WITNESS ~ / ,/yrr, ~/ HUSBAND '~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the fJe" day of 7~tqt~- , 2004, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the hil~est court of said State and a subscribing witness to the within instrument, and certified that she was personally present when WANDA RENEE LINDSEY and WILLIAM FRANCES L.INDSEY, III, whose names are subscribed to the within Marital Property Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. 12 No Public My Commission .E. xp~ Gail bP,,. Minnich, Notary Public Mechanicsb,Jrg Boro. Cumberland Count~ My Gomm.s~ion Ex,res Dec. 9, 2006 Member. Pennsylvania A.~sodafion Of Notaries WANDA RENEE LINDSEY, PLAINTIFF WILLIAM FRANCES LINDSEY, IH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1210 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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. WANDA RENEE L1NDSEY ~' DATE WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, m, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 04-1210 CIVIL TERM ; : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are tree 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 RE-NEE LINDSEY J~' WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, HI, DEFENDANT IN Tl~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1210 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, e~fter the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divome decree being handed down by the Court. I verify that the Statements 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 WILLIAM FRANCES LI]q~ISSI~Y,~-/~' WANDA RENEE LINDSEY, PLAINTIFF YS, WILLIAM FRANCES LINDSEY, HI, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 04-1210 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO RE{~UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this 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. D~E /- WILLIAM FRANCES LINDS]~c', HI WANDA RENEE LINDSEY, PLAINTIFF VS. WILLIAM FRANCES LINDSEY, m, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1210 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, William Frances Lindsey, IH, signed the Acceptance of Service on November 6, 2002. Said Acceptance of Service was filed with the Cumberland County Prothonotary on November 15, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: July 9, 2004 Defendant: July 6, 2004 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praeeipe to Transmit Record and is to be incorporated hut not merged into the Divorce Decree. 5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce~,l~p~rPe Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on July 9, 2004 by the Plaintiff and on July 6, 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents rexluired by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: Julyc~6~, 2004 Sfisafi Kay Can~i)ed~ ~quire' Counsel for PA I.D. # 64998~/ 5021 East TrindleRoad Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMNION PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. Wanda Renee £indsey Plaintiff VERSUS WiZliam Frances Lindsey, III Defendant NO. 04-1210 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT AND Wanda Rene~ Lindse~ William Frances Lindsey, III , '-)O<?l, IT IS 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; BY THE COURT: ATTtST: -- ~' ~.. J. LAW OFFICES SNELBAKEr. BRENNEMAN & SPARE ~ANDA RENEE LINDSEY, Plaintiff, VS. WILLIAM FRANCES L1NDSEY, III, Defendant IN THE C, OURT OF COMMON PLEAS OF CIJMBERLAND COUNTY, PENNSYLVANIA : NO: 04-1210 : IN DIVORCE CIVIL TERM STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER The parties agree to the entry of a Qualified Domestic Relations Order containing the following provisions: 1. The parties to this Divome action entered into a Marital Property Settlement Agreement dated June 8, 2004. 2. As part of the June 8, 2004 Agreement, the parties agreed to the distribution of one of the marital assets, a 401(k) Plan held in the name of WILLIAM FRANCES LINDSEY, III, Defendant. 3. The name of the Plan is United Water Resources, Inc. 401(k) Plan. The address for the Administrator of the Plan is Attention: Pension Committee, United Water, 200 Old Hook Road, Harrington Park, NJ 07640. Thc assets of the Plan are held in the Vanguard Group. 4. The Plan Participant is WILLIAM FRANCES LINDSEY, III, who resides at 32 Bayberry Drive, Mechanicsburg, Pennsylvania 17050. 5. The Alternate Payee is WANDA RENEE LINDSEY, who currently resides at 32 Bayberry Drive, Mechanicsburg, Pennsylvania 17050. LAW OffiCES 6. The amount of the participant's benefits to be paid by the Plan to the Alternate is Forty-Three Thousand Seven ($43,007.47) and forty-seven/100 Dollars. 7. The amount set forth in the foregoing paragraph shall be paid as soon as possible in a lump-sum amount. Alternate Payee shall instruct Plan whether she wants the amount rolled over into an Individual Retirement Account or whether :she wants the amount paid to her directly. Alternate Payee shall be solely responsible for the tax consequences of her decision, if any. 8. The Order is intended to be a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code and Section 206(d) of ERISA. 9. Nothing contained in the Order shall be construed to require the Plan: A. To provide any type or form of benefit, or any option not otherwise provided under the Plan; B. To provide increased benefits determined on the basis of actuarial value; or C. To provide benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 10. If the Plan Administrator determines that the Order is not a Qualified Domestic Order within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA, the parties shall request the Court to modify the Order to cause it to qualify as a Qualified Domestic Relations Order. 11. The Court shall retain jurisdiction to amend the Order. WHEREFORE, Wanda Renee Lindsey and William Frances Lindsey, III, hereby request to enter a Qualified Domestic Relations Order containing the provisions as Respectfully submitted, Wanda Renee Linds/y "Susfin~idlfo v Attorney for Wan~ Renee Lindsey SNELBAI~IL BRE-NNEMAN & SPARE, P.C. By Philip H. Spare, Esquire Pa. Supreme Ct. I.D. # 65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (71'7) 697-8528 Attorneys for William F. Lindsey, III LAW OFFICES SNELBAKER, BrENNeMAN & SPAre -3- SNELBAKER. BRENNEMAN SPARE WANDA RENEE LINDSEY, Plaintiff, VS. WILLIAM FRANCES LINDSEY, III, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 04-1:210 CIVIL TERM IN DIVORCE Defendant QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 2/~ !~ day of_ 0"" ,-' `% f'~ ,2004, upon review of the Parties' Stipulation for Entry of a Qualified Domestic Relations Order, it is ORDERED and DIRECTED as follows: 1. The parties to this Divorce action entered into a Marital Property Settlement Agreement dated June 8, 2004. 2. As part of the June 8, 2004 Agreement, the parties agreed to the distribution of one of the marital assets, a 401 (k) Plan held in the name of WILLIAM FRANCES LINDSEY, III, Defendant. 3. The name of the Plan is United Water Resources, Inc. 401 (k) Plan. The address for the Administrator of the Plan is Attention: Pension Committee, United Water, 200 Old Hook Road, Harrington Park, NJ 07640. The assets of the Plan are held in the Vanguard Group. 4. The Plan Participant is WILLIAM FRANCES LINDSEY, III, who resides at 32 Bayberry Drive, Mechanicsburg, Pennsylvania 17050. 5. The Alternate Payee is WANDA RENEE LINDSEY, who currently resides at 32 Bayberry Drive, Mechanicsburg, Pennsylvania 17050. LAW OFFICES SNELBAKER, BRENNEMAN & SPARe 6. The amount of the participant's benefits to be paid by the Plan to the Altemate Payee is Forty-Three Thousand Seven ($43,007.47) and forty-seven/100 Dollars. 7. The amount set forth in the foregoing paragraph shall be paid as soon as possible in a lump-sum amount. Alternate Payee shall instruct Plan whether she wants the amount rolled over into an Individual Retirement Account or whether she wants the amount paid to her directly. Alternate Payee shall be solely responsible for the tax consequences of her decision, if any. 8. This Order is intended to be a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Internal Revenue Code and Section 206(d) of ERISA. 9. Nothing contained in this Order shall be construed to require the Plan: A. To provide any type or form of benefit, or any option not otherwise provided under the Plan; B. To provide increased benefits determined on the basis of actuarial value; or To provide benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 10. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA, the parties shall request the Court to modify this Order to cause it to qualify as a Qualified Domestic Relations Order. 11. The Court shall retain jurisdiction to amend this Order. -2- Date: cc: ,2004 Susan K. Candiello, Esquire Attorney for Wanda Renee Lindsey Philip H. Spare, Esquire Attorney for William F. Lindsey, III By the Cooxt, SPARe -3-