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HomeMy WebLinkAbout04-1548DALE R. PEARS, : : : VS, : : BARBARA D. PEARS : : Defendant : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 - / ~ '/ CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Stroker Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorney~ for Plaintiff CarolpY. ~iddsay, Esquir~ 1~#4/4693 '( 26 West High Street Carlisle, PA 17013 (717) 243-6222 DALE R. PEARS, Plaintiff VS. BARBARA D. PEARS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 -/5'~'/' CIVIL TERM IN DIVORCE COMPLAINT SA/DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Dale R. Pears, Plaintiff, by attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Dale R. Pears, who currently resides 510 Sarah Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 where he has resided since 1999. 2. The Defendant is Barbara D. Pears, who currently resides at 510 Sarah Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 where she has resided since 1999. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 23, 1979, at Levittown, Pennsylvania. 5. That there have been no pdor actions of divome or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divome on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West RTgh Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY II i VERIFICATION I, the undersigned, hereby vedfy that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dale R. Pears SAIDIS SHUFF, FLOWER & LINDSAY 26 w. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA DALE R. PEARS, Plaintiff VS, BARBARA D. PEARS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 - 1548 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Debra Denison Cantor, accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Barbara D. Pears, and am authorized to do so. ~,,,~;e rD~,Cl~ t o r, Esquire 23,31 Market Street Camp Hill, PA 17011-4642 SAIDIS SHUFF, FLOWER & LINDSAY 26 w. High Street Carlisle, PA DALE R. PEARS, : . Plaintiff : VS. : : BARBARA D. PEARS : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 - 1548 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVD, RCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed April 12, 2004. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divome affer service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dale R. Pears, ~laintiff PLAINTIFF'S 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 notice. 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. 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. best of subject I verify that the statements made in this Affidavit are true and correct to the my knowledge, information and belief. I understand that false statements herein are made to the penalties of 18 Pa.C.S. 4904 relating to unsw[3rn falsification to authorities Dale"R? Pears, Plaintiff - ~UL ~'8 2004 5 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DALE R. PEARS, : ; Plaintiff : VS. : : BARBARA D. PEARS : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004 - 1548 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER §3301(c} OF THE DIVORCE CODE AND WAIVER OF COUNSFLING 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed April 12, 2004. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: B~lrbara D. Pears, Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DFCREE UNDER § 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I de not claim them before a divorce is granted. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Date: ~1//)¢ ///~I~/~(A l~. J~O.~.J Bal, bara D. Pears, Defendant AUO 0 2 2004 Dale R. Pears Plaintiff VS. Barbara D. Pears Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1548 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marital Settlement Agreement between the Participant and the Alternate Payee entered into on 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Internal Revenue Code of 1986 CCode") §401(a). The court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Foot Locker Retirement Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the tetras of this order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Dale R. Pears ("Participant") is a participant in the Plan. Barbara D. Pears ("Altemate Payee"), the former spouse, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number and date of birth are: Dale R. Pears P.O. Box 2096 Columbia, MD 21045 Social Security #: 202-48-9646 Date of Birth: January 14, 1956 6. The Alternate Payee's name, mailing address, social secttrity number and date of birth are: Barbara D. Pears 510 Sarah Court Mechanicsburg, PA 17050 Social Security #: 198-50-5123 Date of Birth: April 24, 1956 QDRO Page 2 The Altemate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. This Order assigns to Alternate Payee an amount equal to the actuarial equivalent of 100% of the Participant's accrued benefit under the Plan (including any temporary or supplemental benefits that may become payable). In addition to the above, the Alternate Payee shall receive 100% of any postretirement cost- of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. Notwithstanding the language set forth in this Section 7, in the event that the Alternate Payee becomes entitled to a qualified preretirement survivor annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 7 shall be terminated as of the date of the Participant's death, and such preretirement death benefit shall be payable to the Alternate Payee in lieu of any other benefits to which she may be entitled under the terms of this Order. 8. The Alternate Payee may elect to commence her benefits under the Plan at any time on or after the date the Participant attains the earliest retirement age as defined by Code §414(p)(4)(B). Further, in the event the Participant becomes eligible to commence benefits at an earlier date as the result of a disability retirement, the Alternate Payee shall also be entitled to commence her share of the benefits at such earlier date. Notwithstanding the above, the Alternate Payee shall commence her share of the benefits no later than the Participant's age 70 1/2. The Plan Administrator is instructed to provide any required notice and election forms in a timely manner to the Alternate Payee before such date of benefit commencement. The Alternate Payee shall be entitled to receive her benefits in any form available under the terms and provisions of the Plan, other than a qualified joint and survivor annuity with her current spouse as the survivor annuitant. The Alternate Payee shall execute any forms required by the Plan Administrator. The form of benefits paid to the Alternate Payee shall be based on the life expectancy of the Alternate Payee. Any actuarial adjustment (reduction or increase) to base the Alternate Payee's benefits on the Alternate Payee's lifetime shall be borne by the Alternate Payee. Further, should any early commencement reduction be necessary in the event that the Alternate Payee commences her benefits prior to Participant's Normal Retirement Date, then such reduction shall be applied to Alternate Payee's benefits. The Alternate Payee shall be entitled to 100% of any early retirement subsidy (including any temporary or supplemental benefits) provided under the Plan to the Participant on the date of his retirement, and in the event the Alternate Payee has already commenced her share of the benefits on the date of the Participant's retirement, then the amounts payable to the Alternate Payee shall be recalculated QDRO Page 3 in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with 100% of such early retirement subsidy. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to Section 7 of this Order. 9. In the event the Participant predeceases the Alternate Payee and the Alternate Payee has not commenced her benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Participant for the purposes of establishing the Alternate Payee's entitlement to receipt of the preretirement survivor annuity. For purposes of determining the eligibility for such surviving spouse benefit, the Alternate Payee and the Participant have satisfied the one (1) year marriage requirement as enumerated in Code §§401(a)(11) and 417(d) and as may be required under the provisions of the Plan. This designation applies to 100% of the Participant's accrued benefit under the Plan. In the event that the costs associated with providing this preretirement survivor annuity benefit are not fully subsidized by the Participant's employer, the Participant must make an affirmative election for such preretirement survivor annuity benefit coverage in a timely manner and in accordance with the Plan's election procedures. Further, if the Plan provides for any death benefit in excess of a qualified preretirement survivor annuity, the Alternate Payee shall be designated as the beneficiary with respect to the Alternate Payee's share of the excess death benefit payable. 10. If Alternate Payee predeceases Participant before her benefit commencement date, her assigned share of the benefits shall revert to the Participant. Should the Alternate Payee predecease the Participant after her benefit commencement date, then such remaining benefits, if any, will be paid in accordance with the form of benefit elected by such Alternate Payee. 11. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants. 12. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 13. It is the intention of the parties that this Order continue to qualify as a QDRO under Code §414(p), as it maybe amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. QDRO Page 4 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (1 O) days of receipt. 15. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this QDRO, or that could diminish or extingnish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 16. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan and the Pension Benefit Guaranty Corporation ("PBGC"). Further, should the Participant's benefits be reduced as a result of such termination or partial termination, then the amounts otherwise payable to the Alternate Payee under this QDRO shall be reduced to the same extent and in the same ratio as the Participant's benefits are ]reduced. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 20. This QDRO does not require the Plan to provide increased benefits determined on the basis of actuarial value. 21. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. In the event that the Plan Administrator determines thai an overpayment has been made to the Participant and/or the Alternate Payee for any reason, and the parties cannot come to an agreement QDRO Page 5 regarding their respective liability toward the Plan's recoupment of such overpayments, the Court shall retain jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee. 24. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ACCEPTED AND ORDERED this g '- day of BY THE COURT: CONSENT TO ORDER: Judge/// PLAINTIfF/PARTICIPANT Signature - / - DEFENDANT/ALTERNATE PAYEE Sig/nature Date 7/'/' fi" Date¢6///~/ ATTORNEY FOR PLAINTIFF/ PARTICIPANT- - Signature ~' ' - (_~} .... t? ATTORNEY FOR DEFENDANT/ ALTERNATE PAYEE Sigti~ure Dat~ / MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this _ day of June 2004, by Barbara D. Pears (hereinafter "WIFE") and Dale R. Pears, "HUSBAND"); WITNE S SETH: and between (hereinafter WHEREAS, the parties hereto were married on June 23, 1979, in Levittown, Pennsylvania; and WHEREAS, the parties have two children of: this marriage; namely Ryan Pears, age 21, and Lauren Pears, age 19; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and WHEREAS, the parties negotiated an agreeraent through the Collaborative Law process; NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows;: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of REAGER & ADLER, PC HUSBAND is represented by Carol Lindsay, Esquire of SAIDIS, SHUFF, FLOWER & LINDSAY. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if co~rasel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by '~HUSBAND with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 2004-1548 on April 15, 2004. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, 2 present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shal]L be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. FINANCIAL AND PROCEDURAL DISCLOSURE. 5. parties represent and warrant that each have made full and fair The other of his or her respective income, assets and liabilities, whether disclosure to the such are held jointly or in the name of one party alone. The disclosure process involved the voluntary exchange of numerous, documents and afforded both parties sufficient opportunity to ask questions of each other, to evaluate the content of the documents and to discuss the disclosure with their respective counsel. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identfied in this Agreement. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties specifically waive the right to obtain real estate appraisals and actuarial values for delined benefits plans. Both par~ies u~derstana that ~e~ ~a~e ~e fi~t ~o o~ ~e ma~e~s co e ea ~ is fa~ ~d ~ei~ that ~s have a court hold hearths ~d make decisio~ A~eeme~t io~ Fas o~ he~ A~eement. Bo~ par~es hereby ac~owtedge ~te~esm, ~uence exercised by eider equi~b~e, ~d ~e re,ms adequatetY p~ovide s~::~::~ is not ~e ~esult o~ fraud, duress, u aue , A~eemea~ ~ par~ upon ~e ~e here~er sue ~e ~r~er coven~ adm~s~ato~s or assi~, ~at he or she wi~ never a~ any o~er par~ o~ his or her heirs, executors or assi~, ~ ac~oa of contenOon, direct or any righ~ to full disclosure, or ~d~ect, ~d allege ~ere~ ~at ~ere was a de~g ~fr ~at ~ere was a failure ~o have ~at ~ere was any fraud, duress, undue ~ueace, ava~able full, proper ~d ~dependen~ represea~Oon by legal co~sel. 6. SEP ARATiONfN ON 4NTERFEREN CE' WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or 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 harass, disturb, or malign each other or the respective families of each other. 7, REAL PROPERTY. the joint owners of a marital home located at 510 Sarah Court, The parties are parties have sold the marital home and Mechanicsburg, Pennsylvania, 17050. The settlement is scheduled within the next 60 days. WIFE shall be granted exclusive possession of the marital home until such time as it is sold. WIFE shall be solely responsible for all payments associated with the marital home, including but not limited to, the mortgage, taxes, and insurance. Upon sale, HUSBAND shall receive the first $60,000 of the proceeds from the home, and WIFE shall receive the balance. 4 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. RETIREMENT BENEFITS. HUSBAND is the owner of a Woolworth pension, which has been valued by Harry Leister, F.S.A. at $25,615.00. It is agreed that WIFE shall retain the Woolworth pension in its entirety. The parties have retained[ Harry Leister to prepare the Qualified Domestic Relations Order to effectuate this transfer. The costs of both the valuation and the preparation of the Qualified Domestic Relations Order shall be divided equally between the parties. The approved Qualified Domestic Relations Order is attached hereto and incorporated into this agreement. WIFE is entitled to obtain life insurance on HUSBAND's life in a minimum amount of $100,000 to provide herself the death benefit. WIFE shall assume responsibility for all costs associated with that coverage and shall be the owner of the policy. HUSBAND shall execute all documents necessary to obtain such coverage and will cooperate in any physical exaraination or other prerequisites to coverage. 5 .. ~or,,an Stagey, wi~ an _~ ~ ~e owne~ u . ~e~USB~N~~x~ ' ~cCO ' ~uSBA~ ~ ~o2 288. W~E s~an · unt ~to W~E's ~ accoun~ approximate balance o~ *~ , roBover o~ ~ shall cooperate ~ effecma~g a to prepare for ~e roBover. If a HUSBAND will provide all ~ormafion necessa~ . divide Qua~ied Domes~c Rdafio~ order xs necessa~, ~e par~es sha¢ equaCy cost. · wi~ ~ appro~mate W~E sha~ rem~ her 101(k) wi~ Americ. m Skana~a'account wi~ a value value of $11, 925. WIFE sha~ rem~ her Morg~ ~>m~ey IRA $937.76. HUSBAND hereby waives ~s right, title md ~terest to ~e Woolwor~ pemion, 401(k) accost, and ~FE's IRA, ~d waives ~Y right to any ~crease value of said asse~. HUSBAND shall re~ ~s T. Rowe Price 401(k) wi~ m approx~ate account bal~ce of ~, 842.21. WIFE hereby waives my right, ~fle and ~terest she may have to smd accost. WIFE shall rem~ her ~E~ accost wi~ an approximate bal~ce $2,687.69. 's account over ~to an IRA, and HUSBAND waives WIFE may have rolled ~ . ~ · n ~cn a D hereby waives ~s right, ~fle and right, ~fle and interest to ~s bat~ce, muo~. ~N ~terest to any of WIFE's pension ~d/or re~rement and ~Y and aH o~er re~ement benefi~ o~erwise disclosed. W~E hereby waives her right, rifle and ~terest to any of HUSBAND's pension ~d/or re~rement ~d my and M1 o~er tenement benefi~ o~erwise disclosed. ~e parties spec~icaHy waive any ~td ~1 o~er re~rement benefi~ obm~ed by ~e parties pre-marriage, dur~g marriage, and post-separation. ~e ~dividual who holds said benefi~ shall o~ ~e properV solely and ~dividually. Each parW waives ~ek right to ~fle and ~terest to ~e o~er parW's benefit. 10. BANK ACCOUNTS. parties have agreed that they' shall each maintain the personal bank accountS in their name. The bank accountS held so)ely in individu.a.l.names ShaThe ~ · ~ -e-arate nroperty of the party m whose name ~t ~s regrstered become the sole anc~ ~ }, r' 6 and release his/he~ right, title anCl interest Each party does hereby specifically waive . in the other Party' s respective acc°unts a~ ~t~c~tan~ ~ ; HUSBAND shall3~O~O ~e pa~es' ~ol~t s e~ a9p~ox~ate bal~ce o{ $ , . . ~IYE hereby waives ~ she may ha~e ~ said accost. ~IYE shall ~e~ ~e bal~Ce o{ ~e p~es' ~o~t chec~ account after all expe~es are paid ~ regard to ~e house ~d ~e children. HUSBAND hereby waives any right, Ofle and ~terest he may have in said account. 11. iNVESTMENTS' The parties are the owners of an investment savings account with an approximate balance of $15, 859. WIFE shall retain said account and HUSBAND shall execute all documentation necessary to rerlxove his name from said account. HUSBAND waives any right, title and interest ihe may have to said account. HUSBAND is the owner of stock options through his employment. It is agreed that HUSBAND shall immediately liquidate the amount of stock options necessary to pay WIFE $25,000. Said licluidation shall occur within the next sixty (60) days In lieu of this liquidation, HIJSBAND may elect to pay WIFE a separate $25,000 amount within sixty (60) days and retain all stock options. Thereafter, HUSBAND shall retain all stock options in his possession, including the 5,000 signing bonus. These options have an estimate value of $75,000. options earned as a right, title and interest she may have to the balance of these WIFE hereby waives any stock options after she receives $25,000. 12. pERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 13. VEHICLES. The parties are the owner of a 1998 Toyota Ca:tory and a 2002 Honda Accord. The Honda is subject to a loan. The Toyota Camry has been paid in full. It is agreed that WIFE shall retain the 1998 Toyota Camry and ]~USBAND hereby waives any right, title and interest that he may have in said vehicle. HUSBAND shall retain the 2002 Honda Accord, and WIFE hereby waives right, title and interest that she may have in said vehicle. HUSBAND shall refinance the Honda Accord or otherwise remove WIFE's name from said obligation within sixty (60) days of the execution of this agreement. The parties were the owners of a 1998 Honda Civic, which was sold for $800. This money was placed into the parties' joint account. 14. 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 as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph 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 obligation hereunder is discharged or dischargeable. The parties mutually agree that in the ew~nt of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. ~US~NO a~e~' ~,-.~ ~I~ ~ "-e l~~ aa~ o~ bas~ ~o la~e~ ~ ~ whkch shall conunue to u~ · ~e to ~SB~' --~ allbe non-t~able to w amount sh__ C~TI HUSBA~ ~b~ · -' - and ~oom and ¢oa ~clud~g mmon Ma~ml ~ffiement A~eemem childreff s educa~on. HUSBAND also a~ees to p~ovide a semesmr's s~pend m each c~ld of $500. ~is s~pend is to be used for books and all o~er misce¢~eous expenses. to eaually share ~e cost of ~e c~ldre~s HUSBAND AND WIFE a~ee . . .~ ~ :~clud~* con,cB and glasses. ~eimbursed medical, den~l Each child shall be solely respomible for ~ty cos~ associated wi~ bir~ consol. The parties shall exchange a Bst of ~ese expe~.es on a quarterly basis. Until each ch~d receives his/her under~aduam de~ee, HUSBAND shall pay ~e cost of Ryaffs ce~ phone ~d ce~ phone bffi ~d WIFE sha~ pay ~e cost of Laureffs cell phone ~d ce~ phone bill. ~e par~es a~ee ~at ~ey shall discuss addi~onal cash con~ibu~ons to ~e c~ldren on ~ ad hoc basis. ~ ~e year 2004 and gong fo~ard, HUSBAND sha~ cla~ bo~ ch~dren as ~x deduc~ons. However, should HUSBAND remar~ ~d have children to assume as a deduction, and WIFE con~ues to have no addi~on~ deduc~ons, WIFE sh~l be en~fled to claim ~e ch~dren. O~e~ise, HUSBAND sha~ have ~ose deduc~ons wi~out modffica~on ~d WIFE a~ees to execute any and a~ documen~ necessa~ to waive ~ose deduc~om- t aCe~te~eSt .. · ~e al~ ~o~ ~o ~. _~nttest that at,es s~a~ ~ · home. ~ 1~ ~e ~ ... ~x ~e~ ~ .... ~te~eSt s~ -~er.~e~e ~ ~o co~~e6 ~e~e~. , ~ . · ~0~ ~ to be so~e~Y t~Y~b~o~ ~e~ ~acb ~a~ e~es' ~e~e~ ~.~ea ~o~ ~e~. ~es, cos~ a~a e~P ~ e~p~esS~Y p~o~~ X~ ~e ~ -~eS a~ee to ~. ei~et pa~ ~.. ~o ~eSOX~e -~e~t, ~e pax --e~ ~a~ ~ ~o~a ~ax~ breaCh~ P~ '~-~st a~a ~a~e~ ~ _, whe~e~ em~ ,.-&aa~ ~ter¢ ~he ~eemem' ~nwe~e~, me km~ ~o~C~ m oXa6o~. ~ ~ ,- tees, co,~ , or recm~, ~a~W ~ e,~ ~xcabXe reso 's a~°~ey ~ ~.~o~Orby a mo o~er pa~ ' _A~ro~aea be ~eq~¢ -~ence of a ~'- - *~e~ last ~o,, ..:~ ce~e° ~' m~rooseS o oa~ at~e~ ._ re~lar U.~.. ....le~da~ 4aJ~ - to ~e c°~aU' proviSXm~, _ -ss tor ~o~ce ~ 6?,60 ~m correct ad~e ~ar~isba~ g' 10 For purposes of this provision, and in absence of notice to the Plaintiffto the contrary, the presumptive correct address for notice to the Defendant shall be: 510 Sarah Court Mechanicsburg, PA 3L7050 For purposes of this provision, and in the absence of a notice to the other party of change of address, a breaching or alleging breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation or any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 20. WAIVER OF RIGHTS. The parties selected a method by which the decisions would be made in their divorce and elected to use a Collaborative Law Process, rather than a conventional litigation method. In choosing that process, the parties retained decision-making responsibility for the outcome and elected a process which allowed them to have zealous representation and have the decisions consider their needs, interests and sense of fairness. By choosing not to litigate, both parties hereby waive the following procedural rights: a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; b.) The right to obtain an income and expense statement of either party; c.) The right to have all property identified and appraised; d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documenl~, the taking or oral deposition, and all other means of discovery permitted under the law; and 11 e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, sponsal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 21. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including blat not limited to, the signing of documents. 22. VOID CLAUSES. If any term, condition, clanse 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. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 12 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Barbara D. Pears Dale R. Pears 13 COMMONWEALTH OF PENNSYLVANIA : Notary Public in and for the r-_,~__ -.-.--v -------_, 2004 before me, a '-vmmonwealth of Pennsylvania, th~' undersigned officer, personally appeared Barbara D. Pears known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have heretmto set my hand and notarial seal the day and year first above written. &AR AL SE^, CASSANDRA T. ROSENBAUM, Notary Publicl Camp Hill Bom, Cumberland County My Commission Expires December 4, 2004/I/ /'~ Notary Pu bli~ My Commission Expires: COCNZYoF :SS' On the . e~ day of 2_,///_~' ~ Notary Public m and for the Com~ a officer, personally ~-~a~0t~ before me, undersigned appeared Dale R. Pears known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my harid and notarial seal the day and year first above written. ion Expires: 14 DALE R. PEARS Plaintiff VS. BARBARA D. PEARS Defendant : IN TIlE cOURT OF COMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA : NO. 2004-1548 : : DIVORCE PRAECIPE TO TRANRIMIT RECORD SAIDIS SI'lUff, FLOWER & LINDSAY ATYORNEY~'AT'LAW 26 W. High Street Carlisle, PA 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 3301(c) 3301(d)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Debra Denison Cantor, Esquire, April 15, 2004 and filed with Prothonotary April 19, 2004. (copy attached) 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff J.~ Z0.0.~; by the Defendant: 4. Related claims pending: None: T~e terms of the property S~.ttlement and ~z~.p~ration Aa_reement of June 24.2004 are incorporated bt Jr not mer_~ed into 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: .luly 28. 2004 Date Defendant's Waiver of Notic~e in 3301~ Divorce was filed with the Prothonotary: JuLy_Z~~ Supreme Court.b.?,3. ..... lower & Lindsay Saidis, Shuff, F 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE coURT OF COMMON PLEAS OF CUMBERLAND CouNTY STATE OF [sENNA' DALE R. PEARS Plaintiff VERSUS BARBAI~A D. PEARS Defendant NO. 2004-1548 DECREE DIVORCE AND NOW,, DECREED THAT__ Barbara D. Pears AND 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 \NHICH A FINAL ORDER HAS NOT yET BEEN ENTERED; None: The terms of the Marital Settlement Agreement of June 24, 2004 are incorporated but not merged into the Decree in Divorce- BY THE COUR'£'