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HomeMy WebLinkAbout04-1485KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- I/'/vO',h''' CiVIL TERM CIVIL ACTION - LAW IN DiVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list ofmaniage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 MAX J. SMITH, Jl~., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- Iq,°-q- CIVIL TERM CWIL ACTION ~ LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, KEITH A. LEIN, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintift} KEITH A. LEIN, is an adult individual and citizen of the United States of America, whose address is 308 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, PATRICIA D. LEIN, is an adult individual and citizen of the United States of America, whose address is 308 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about October 8, 1988 in Minersville, Pennsylvania. 5. Plaintiffavers that there is one (1) child of the parties under the age of 18, namely: SEAN J. LEIN, born May 23, 1993. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II ~ EOUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their maniage, which property is "marital property". 12. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value dt~ng the marriage, all of which is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiffrequests the Court to equitably divide all marital property. Dated: March 55~ ,2004 MAX J. SMITH, JR., ~/q ire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint 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. ~KEITH A. LEIN MARITAL SETTLEMENT AGREEMENT between PATRICIA D. LEIN (hereinafter called "Wife") a~d I~ITH A. LEIN (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on October 8, 1988; and WHEREAS, There has been one (1) child born of this marriage, to wit: SEAN J. LEIN, born October 23, 1994; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights ofevery kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration ofthe premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such plaee as hc or she may from time to time choose or deem fit. Thc foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the furore she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrecs to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and ali loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge end agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the previsions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. 2 Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital proper~y, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 6. REAL ESTATE. The parties agree that Husband shall grant, transfer, relinquish and convey to Wife all of his right, title and interest in the marital residence located at 308 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband shall execute a deed so transf~,ing his equitable interest in the said premises to Wife contemporaneously with the execution of this Agreement, which deed shall be held in escrow by counsel for Husband pending completion of Wife's refinancing efforts as described herein. As consideration for Husband transferring his interest in the marital home to Wife, Wife shall pay to Husband the sum of Twenty-six Thousand Five Hundred and 00/100 ($26,500.00) Dollars, payable upon completion of Wife's refinancing. Wife shall immediately take all necessary steps to refinance the existing mortgage obligation, so that Husband's name may be removed thereft'om. In the event Wife fails to complete mortgage refinancing within ninety (90) days from the date of this Agreement, the parties agree to list the property for sale immediately with a mutually agreed real estate agent, and shall be guided by the realtor in detcxmining the terms of sale. In the event of sale of the marital residence, the net proceeds of sale shall be divided equally between the parties. Wife shall further be responsible for payment of all other real estate-related expenses and household expenses, including but not limited to taxes, insurance and utilities. Wife shall indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment of the aforesaid obligations by Wife. 7. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHIC!.~.£. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 1997 Nissan Maxima currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss hc may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 1999 Nissan Sentra currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 8. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with Countrywide Full Spectrum Lending and his previous employment with Merrill Lynch and all benefits to which Wife is entitled through her employment with PSEA. In order to effectuate the equitable dislribution of marital assets, Wife shall transfer to Husband $19,200.00 (plus accumulated growth to the time of distribution) from her T. Rowe Price 401(k) account. Said amount shall be transferred pursuant to a Qualified Domestic Relations Order (QDRO), to be preparcd by counsel for Husband and approved by the retirement plan administrator for Wife's employer as soon as practicable after the issuance of the decree in divorce. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 4 9. CUSTODY. Wife shall have primary physical custody of the minor child, Sean J. Lein. Husband shall have liberal partial custody at such times as the parties hereafter mutually agree and arrange. Details of such periods of partial custody shall be arranged between the parties. The parties shall enjoy joint legal custody regarding all major decisions affecting the child, including but not limited to health, education and religious matters. Each party shall have full access to the child's medical, dental and school records as well. 10. CHILD SUPPORT. Husband shall pay child support directly to Wife in the sam of $595.00 per month, commencing on or before August 1, 2004, with continuing payments being made t~om Husband to Wife on or before the first day of each month thereafter. The parties herein acknowledge that support is modifiable pursuant to the Pennsylvania Family Support Guidelines, and that either party may petition the Court of Common Pleas Cumberland County, or any other court having appropriate jurisdiction, to establish a court order of support pursuant to such guidelines. 11. ALIMONY/SPOUSAL SUPPORT. Both parties agree to make no claim for alimony or alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 12. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 13. COLLEGE EXPENSES. The parties shall each be responsible for 50% of Sean's post-high school education expenses, including tuition, room, board, books, and institution- imposed fees, that are not covered by loans, grants, scholarships, or other forms of financial aid. This provision is contingent upon Sean maintaining full-time status in good academic standing as defined by the institution he attends. Payment of said expenses shall continue until Scan attains an undergraduate degree or age 23, whichever first occurs. 14. LIFE INSURANCE. Husband will maintain his existing life insurance policy with a face value of $100,000, naming as the sole beneficiary his son, Scan J. Lein, until Sean's graduation from college or upon his attaining age 23, whichever comes earlier. Husband shall maintain the policy in full force and effect, pay all premiums as they come due, and take no action to: a) cancel the policy; b) withdraw or borrow against the cash surrender value; c) replace the policy; or d) allow the policy to lapse. During the above time frame, Scan J. Lein will remain the irrevocable beneficiary of the full policy. Husband shall provide Wife with written proof that the policy remains in full force and effect with Scan as sole, irrevocable beneficiary, as provided in this Paragraph, and he shall sign whatever documents are required by his insurance carrier, to permit Wife to contact the carrier directly. Should Husband fail to make any payment when due, Wife shall be notified by Husband and the insurance carrier and she shall have the right to pay the premium, in which case Husband shall be in default of this Agreement and in contempt of the Decree in Divorce, making Husband responsible to repay Wife simple interest of 8% per annum on the sum she has paid plus her actoai counsel fees incurred to cure Husband's default. 15. FINANCIAL DISCLOSUR F,. The parties have disclosed to each other and they are aware ofthe extent ofeach other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 16. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entt'y of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 6 17. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the fight, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 18. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max $. Smith, .Ir., Esquire, attorney for Husband, and Howard B. Krug, Esquire, attorney for Wife, and each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with ail information relating to the financial affairs of the other, which has been requested by them respectively. 20. WAIVER OF CLAIMS AGAINST ESTAT]~. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives end relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 7 21. INCORPORATION OF AGRF~FMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in thc Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by thc provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order ofcourt is entered in any jurisdiction with respect to the parties hereto which is contrary to the previsions hereof, then thc rights and responsibilities of each of thc parties hereto shall be relieved or adjusted to thc extent necessary to conform to this Agreement. 22. ENTIRE AGRF. I~MENT. This Agreement contains the entire understanding of thc parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 24. DESCR~TIVE HEADINGS, The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdictiun. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day WITNESS PATRICIA D EIN 9 KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1485 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 12th day of April, 2004, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7003 2260 0005 6552 7264 at Hershey, Pennsylvania, addressed to: Patricia D. Lein 308 Allenview Drive Mechanicsburg, PA 17055 Mailing and return receipt cards attached hereto. MAX J. SMITH, JR., F_~quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1485 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 19, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry cfa Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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 Prothonota~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 decree being handed down by the Court. I verity 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 unsworu falsification to authorities. Date: -- ,. LEIN KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1485 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1485 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (e) of the Divorce Code was filed on April 7, 2004. 2. The marriage of Plainfiffand Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry ora Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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 decree being handed down by the Court. I verify that the statements made in this Affidavit are t~ue 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. PATRICIA D. LEIN KE1TH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2004-1485 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301/c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of pmperty, lawyer's fees or expenses ill do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PATRICIA D. LEIN KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1485 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (e) { ) 3301 (d} of the Divorce Code. (Cheek applicable section). 2. Date and manner of service of the complaint: By certified mail on April 14, 2004. 3. (Complete either paragraph (a) or (b). (a) Date of execution ofthe affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff August 24, 2004 ; by Defendant August 17, 2004 . (b)(l) Date of execution of the Plaintiff' s affidavit required by Section 3301 (d) of the ; (2) date of service of the Plaintiff' s affidavit upon Divorce Code: the Defendant: 4. Related claims pending: None Attorney ~or ~) ( ) Defendant IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF KBITB A. LBIN, Pl&intiff VERSUS PATRICIA D. LBIN, Defendant PENNA. N o. 2004-1485 civil DECREE IN DIVORCE AND NOW, DECREED THAT AND KEITH A. LgIN PATRICIA D. LEIN 2004, 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; Marital Settlement Agreement dated 17 Auguet 2004. is hereby incorporated into the Final Divorce Decree. BY THE · ~ ~ PROTHONOTARY KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant DEC 2 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1485 .CIVIL TERM : · CIVIL ACTION'- LAW : IN DIVORCE STIPULATION FOR ENTRY OF QUAL~IED DOMESTIC RELATIONS ORDER AND NOW COMES the Plaintiff, KEITH A. LEIN, by his attorney, MAX J. SMITH, JR., Esquire, and the Defendant, PATRICIA D. LEIN, by her attorney, HOWARD B. KRUG, Esquire, and respectfully state as follows: 1. The parties hereto were divorced via decree issued by this Honorable court on September 2, 2004. 2. The parties executed a Marital Settlement Agreement dated August 17, 2004, paragraph number 8 of which provides that Defendant shall tran[sfer to Plaintiff the sum of $19,200.00 (plus accumulated growth to the time of distribution) from her Pennsylvania State Education Association (PSEA) 401(k) account. WHEREFORE, the parties hereto, intending to be legally bound hereby, jointly request that the attached Qualified Domestic Relations Order (QDRO) be issued by the Court. MAX J. SMITH, JR., Es ~ 7 Attg~fiey r Pfo. L~ttdoia~. Lein KEITH A. LEIN, Plaintiff PATRICIA D. LEIN, Defendant KEITH A. LEIN, Plaintiff VS. PATRICIA D. LEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1485 CIVIL TERM CWIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This matter having come before the court, as a Decree in Divorce was granted on September 2, 2004, which included a Marital Settlement Agreement containing certain provisions dealing with the Pennsylvania State Education Association 401 (k) Retirement Plan of Patricia D. Lein (the "Plan"). The court now orders the following as required to carry forth such provisions; the following retirement plan dispositions are made in accord~nce with 29 U.S.C. Section 105 ERISA Section 206(d) and IRS Code Section 414(p) governing the division of retirement benefit marital property, and the following facts. PARTIES TO THIS ORDER 1. Plan Participant and current address: Patricia D. Lein, 308 Allenview Drive, Mechanicsburg, PA 17055. 2. Participant's Date of Birth: March 20, 1962. 3. Participant's Social Security Number: 169-58-5404. 4. Alternate Payee's Name and Address: Keith A. Lein, 427 Stonehedge Lane, Mechanicsburg, PA 17055. 5. Alternate Payee's Date of Birth: April 21, 1960. 6. Alternate Payee's Social Security Number: 134-50-0886. 7. This Order applies to Defendant's accounts under the Pennsylvania State Education Association 401 (k) Retirement Plan. RETIREMENT BENEFITS The Pennsylvania State Education Association 401(k) Retirement Plan is directed to distribute to the Alternate Payee a single sum distribution equal 1:o $19,200.00, (plus or minus actual gain or loss as measured from the date of this Order to the date of distribution, as soon as administratively practicable after the execution of this document. This Order does not require the Plan to provide any payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Nothing contained in this Order shall in any way require the plan to provide any form, type, or amount of benefit not otherwise available by law. It will be the responsibility of each party to keep the Plan Administrator apprised of their current address. Each party to this Order will be responsible for the tax liabilities incurred incident to their receipt of the pension plan awarded to them. It is further ordered that a tree copy of this Order be serw:d upon the agent for legal service for PSEA and shall take effect immediately and shall remain in effect until further Order of the court. Until this Order is accepted by the plan administral:ors this court shall retain jurisdiction to modify the same. Dated at Harrisburg, Pennsylv,mia, this 2.,,~~ day of ~e.,t,,,.~ ,2004. BY THE COURT: / Jo