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Home My WebLink About08-6961E Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. b$ - (pq(pI Cia lerM HARVEY H. SHAPIRO, M.D., CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. p HARVEY H. SHAPIRO, M.D., CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Christine S. Spangler, an adult individual residing at 8 Oak Lane Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Harvey H. Shapiro, M.D., an adult individual residing at 8 Oak Lane Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 14, 2002 in Hawaii. 5. There are no minor children born of this marriage. 6. The parties separated in July, 2008. 7. The Defendant previously filed for divorce on April 26, 2006 under Cumberland County Docket No. 2006-2350. Defendant then filed with the Court on September 25, 2006 a Praecipe to Discontinue his Complaint. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. 2 WHEREFORE, Plaintiff, Christine S. Spangler, prays this Honorable Court to enter judgment awarding Plaintiff a decree in divorce. _ Dated: November 20, 2008 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. HARVEY H. SHAPIRO, M.D., Defendant : NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: J J J , 2008 //r, A 1<"v Chris ' . Spangler Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. HARVEY H. SHAPIRO, M.D., Defendant CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Christine S. Spangler, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: j / 2008 Chris ' . Spangler 1 J O 00 U3 I (n ? rv Z7 , ? .. T. . - co Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6961 HARVEY H. SHAPIRO, M.D., CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Carol J. Lindsay, Esquire, hereby accepts service and acknowledge receipt of the above- captioned Complaint in Divorce on behalf of my client, Harvey H. Shapiro, M.D., having received said Complaint on the __ day of 008. I hereby indicate I am authorized by my client to accept service on his behalf. Carol J. L' y, Esquire Saidis, Fl & Lindsay 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-GAAA Supreme Court I.D.: 4q bq 3 ?-•? ;-? ,? ?? -n _) ?.r ?H. ?? '[? . %w.: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, : IN THE COURT OF COMMON PLEAS Plaintiff V. HARVEY H. SHAPIRO, M.D., CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6961 : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 25, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Y A4V HARVE H. SHAPIRO, M.D. RLECr- FFIGE OF THE " 07-710MOTAAY 2009 APR -7 PM 2: 30 ?Ty rc :i;i Yr_ rigid Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS Plaintiff V. HARVEY H. SHAPIRO, M.D., Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6961 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unworn falsification to authorities. (_/C /f p t r DATE: ARVE . SHAPIRO, M.D. FILED-OtHGE OF THE PR07-;ONKITARY 2009 APR -7 PH 2: 30 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, : IN THE COURT OF COMMON PLEAS Plaintiff V. HARVEY H. SHAPIRO, M.D., Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6961 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 25, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: 3130105 L--t zz? CHRISTINE Sr. ANGLER ALED-?i r=C,'c JE THE R'. 0 r?.? , = .TARY 2609 APP 20 PH 3: 55 FIE" I,I k S`(0 AN!A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. HARVEY H. SHAPIRO, M.D., Defendant : NO. 08-6961 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unworn falsification to authorities. DATE: , / Z444 CHRISTINE S. PANGLER OF ?; . Z ?9 APR 20 ph 3' 5? Jr, PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this day of , 2008, between HARVEY SHAPIRO, of 8 Oaklane Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and CHRISTINE SPANGLER, of 8 Oaklane Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 18, 2001, in and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number , Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 place or places as he or she from time to time 1 may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file Affidavits of Consent and Waivers of Notice to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: A. South Carolina: In the course of the parties' marriage, they purchased land in South Carolina which was titled in Wife's name only. The property was purchased with a withdrawal from Husband's 401(k) plan in the amount of approximately $70,000.00. The South Carolina property shall be the sole and separate property of Wife and Husband waives any right, title or interest he has in such property and will sign a quit claim deed, if requested by Wife and prepared by her counsel, to give effect to that waiver. With regard to the South Carolina property, Wife will pay all expenses related thereto and with regard to such expenses, including taxes, liens, utilities and insurance, she will indemnify and hold Husband harmless against any claims. B. The parties are also owners of a certain piece of real estate known and numbered as The real estate is encumbered by a first and second mortgage and is further subject to an Agreement of Sale. Wife waives any right, title or interest she may have in said property. Husband will be solely responsible for the payment of the mortgages, the taxes, the insurance and the utilities on said 2 property and with regard to such obligations, he will indemnify and hold Wife harmless against any claim. Upon request of Husband, Wife will execute a special warranty deed transferring to Husband all her right, title and interest in the marital home or, in the alternative, transferring to a Buyer all her right, title and interest in the marital home. The proceeds realized from the sale of the home shall be Husband's sole and separate property. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: L Plus loan for the education of Husband's son. ii. Obligations to Husband's family members. Husband shall pay the obligation on the Plus loan and also to his family members by making such payments as are required by the creditors until paid in full. With regard to such obligations, Husband hereby indemnifies and holds Wife harmless against any loss from such debt or obligation. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on March 1, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 3 (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this Agreement, each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they will effect a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Nevertheless, Husband will transfer to Wife by Qualified Domestic Relations Order prepared by Wife's counsel $300,000.00 with gains or losses thereon from March 1, 2007 into an IRA in Wife's name. The transfer will have no tax consequences for either party. Husband acknowledges that the transfer is predominantly of non-marital assets which he chooses to provide to Wife. 4 (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Barbara Sumple Sullivan, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally 5 determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all 6 of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente cite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection 7 with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final 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 merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 8 (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: r1?? ieL4? arvey S iro r/p ("' 4, -, "f, , ? , fl A Christine Spangler 9 r.??+?{. it ...1I i L 1 _ I7 Ry LQI Nr'iy 1:Q ('it /- - I I _• w ADDENDUM TO THE PROPERTY SETTLEMENT AND SEPARATION AGREEME THIS ADDENDUM is made this day of , 2009, between HARVEY SHAPIRO, of 8 Oaklane Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and CHRISTINE SPANGLER, of 8 Oaklane Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto entered into an undated Property Settlement and Separation Agreement in late November or early December, 2008; R.2: On November 25, 2008, a Complaint in Divorce was filed by Wife to the Number 08-6961 in the Court of Common Pleas of Cumberland County; and R.3: The parties desire to amend two paragraphs in the Marital Settlement Agreement to better reflect their intentions. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) With regard to paragraph 3(B) of the Property Settlement and Separation Agreement, the parties identify that the regal estate which shall be Husband's sole and separate property is known and numbered (2) In paragraph 7 of the parties' Property Settlement and Separation Agreement, the parties desire to amend the amount which Husband will transfer to Wife by Qualified Domestic Relations Order to $300,000.00. Said transfer is without gains or losses from March 1, 2007. i (3) In all other respects, the Agreement of the parties of late November 2008 or early December 2008 shall have full force and effect. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and vear first written above. 1 L' 4'?- //' X- -,- - - - - h stine Spang r 2 ., Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HARVEY H. SHAPIRO, M.D., Defendant : NO. 08-6961 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on December 1, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: March 30, 2009; by Defendant: April 1, 2009. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Property Settlement and Separation Agreement and Addendum to the Property Settlement and Separation Agreement. Said Agreement is incorporated, but not merged, into the Decree. See paragraph 18, page 8 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) 3k April 20, 2009. Date Defendant's Waiver of Notice in Prothonotary: April 7, 2009. Dated: May 26, 2009 was filed with Prothonotary: 1(c),Divorce was filed with Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner CHRISTINE S. SPANGLER, IN THE COURT OF COMMON PLEAS Plaintiff V. HARVEY H. SHAPIRO, M.D., Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6961 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATED: May 26, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant 1 `?? ?L J ??? i ?(t r} _ t r r . ,, x n ?? ?1i?t 4 t:.?? ?. r? ?'?-' i ?? ? L 2?' ?,? M ?- ??; ? , , . CHRISTINE S. SPANGLER, V. HARVEY H. SHAPIRO, M.D., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6961 DIVORCE DECREE AND NOW, Que.,. 3'? z a w S , it is ordered and decreed that CHRISTINE S. SPANGLER, plaintiff, and HARVEY H. SHAPIRO, M.D., , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: NONE. All matters have been resolved between the parties pursuant to the Property Settlement and Separation Agreement and Addendum to the Property Settlement and Separation Agreement. Said Agreement is incorporated, but not merged, into the Decree. By the Court, _ ??????? ?p?( ?? ?_?? r? ?????" ?y?a??? t Q ? ? `? ??? i ??,* . ... "l."• cuuj c.cIrivf hL)-U4JL r JUN '19 2009 44 Barbara Sumple-Sullivan, ;squire Supreme Court #32317 549 Bridge Street Now Cumberland, PA 17070 (717) 774-1445 CHRISTINE S. SPANGLER, Plaintiff V. HARVEY H. SHAPIRO, M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6961 CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER It is ordered that the following qualified retirement plan disposition be made: It is the intention of the parties hereto that this Order meets the requirements of a Qualified Domestic Relations Order (QDRO) under § 206(d)(3) of ERISA and Section 414(p) of the Internal Revenue Code, and that this Order will be administered and interpreted in conformity with ERISA and the Internal Revenue Code. 1. The Participant's name, mailing address, social security number and date of birth are as follows: Name Harvey H. Shapiro, M.D. Address 8 Oak Lane Drive Carlisl 17015 Social Security No. l?? y ---------- ate of birth > ,?, p 1-3 2. The Alternate payee's name, mailing address, social security number and date of birth LVUJ IL•LIrIr i IV U U 4 U L ? are as follows: Name Christine S. Spangler Address 8 Oak Lane Drive Carlisle, PA 17015 Social Security No. 210-52-5588 Date of birth October 18, 1960 3. The name of the account held with M&T Securities to which this Order applies is the Harvey H. Shapiro Traditional IRA, Account No. AZR-281108 (hereinafter referred to as "the Plan"). 4. The Alternate Payee is hereby awarded from the Participant's account under the PLAN the sum ofTHREE HUNDRED THOUSAND DOLLARS ($300,000.00). Said transfer is to be without gains or losses from March 1, 2007, which amount shall be segregated from the Participant's account under the Plan and paid to the Alternate payee in the form of a direct transfer to an IRA Account. Said direct transfer shall occur as soon as administratively practicable following the receipt by the Plan Administrator of a certified copy of this Order, as entered, the determination by the Plan Administrator that this Order constitutes a qualified domestic relations order, and all appropriate forms necessary to accomplish the transfer to the IRA Account. 5. The funds being transferred to Alternate Payee shall be transferred to W13NA f/b/a Wachovia. Securities, Account No. 1051-6358. Said check shall be made; payable to Wachovia Securities for the benefit of the IRA for Christine S. Spangler and mailed to: Wachovia Securities Attention: Mr. Jay $avlish 6416 Carlisle Pike, Suite 2100 Mechanicsburg, PA 17050 2 r cVvv ?c+i iv M irvv-rvt IT IS FURTHER ORDERED that a true copy of this Order be served upon the Plan Administrator, and that this Order shall take affect immediately and shall remain in affect until further Order of the Court. This court shall retain jurisdiction to modify the same until the sum is transferred as a Qualified Domestic relations Order. Entered this ZZ day of 2009. Approved By: C Stine S. p gler, aintiff aey H. S iro, M.D., D endant 13Y THE 3 Carol J. Lindsay, Esquire Attorney for Defendant J. Esquire Attorney for Plaintiff ?r THE `t i AOV 2 Gu9 .gip.: 12 2 AH'I i : 4 u