HomeMy WebLinkAbout04-1800SANDRA EBY,
Plaintiff
VS.
STEPHEN EBY,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- LAW
: NO. 2004- /~' O O
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM OF 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 divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is
kept as a convenience to you and you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to be borne by you and your
spouse. If you desire to pursue counseling, you must make your request for counseling within
twenty (2) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
1F 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 LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
SANDRA EBY,
Plaintiff
VS.
STEPHEN EBY,
Defendant
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2004- 1~2>
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE
NOW comes Plaintiff and for cause of action against Defendant who says:
1.
Plaintiffis Sandra Eby, who resides in Carlisle, Cumberland County, Pennsylvania with a
mailing and street address of 75 Clay Road, Carlisle, Pennsylvania, since June, 1994.
2.
Defendant is Stephen Eby, who resides in Carlisle, Cumberland County, Pennsylvania with
a mailing and street address of 75 Clay Road, Carlisle, Pennsylvania, since June, 1994.
3.
Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least
six months immediately previous to the filing of this complaint.
4.
Plaintiff.and Defendant were married on January 29, 1994 in Cumberland County,
Pennsylvania.
5.
There have been no prior actions for divorce or annulment of marriage between the parties
in this or any other jurisdiction.
The marriage is irretrievably broken.
Plaintiff has been advised of the availability of counseling and that Plaintiff may have the
right to request the court to require the parties to participate in counseling.
Defendant is not a member of the Armed Services of the United States or any of its allies.
The causes of action and sections of the Divorce Code under which the Plaintiff.is
proceeding are:
A. Section 3301 (c): The marriage is irretrievably broken.
B. Section 3301 (d): The marriage is irretrievably broken and the parties have
been living separately and apart. If the parties do not agree to proceed under Section 3301(c) of
the Divorce Code, the Plaintiff.will submit an Affidavit alleging that the parties have lived
separately and apart for at least two (2) years and that the marriage is irretrievably broken, once
the parties have lived separate and apart for two years. The parties are currently living in the
same household.
WHEREFORE, Plaintiff. requests your Honorable Court to enter a Decree of Divorce,
divorcing the parties from the bonds of matrimony.
Respectfully submitted,
Attorney for Plaintiff.
LopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
VERIFICATION
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belie£ I understand that false statements herein are made subject to
the penalties of 18 Pa. CS Section 4904 relating to unsworn falsification to authorities.
Sandra Eby
SANDRA EBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
STEPHEN EBY,
Defendant
: NO. 2004 - l800
: IN DIVORCE
Affidavit of Service
I, Megan Malone, Esquire hereby state that on April 23, 2004, I mailed by First Class
U.S. Mail and by Certified Mail, No.7003-1010-0001-]203-7413, Return Receipt Requested,
Addressee Only, a copy of the Complaint in Divorce to Defendant, Stephen Eby, at 75 Clay
Road, Carlisle, Pennsylvania] 7013, the last known address of Defendant, which documents
were received on May 10,2004, as evidenced by the attached R\:tum Receipt Card.
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Megan alone
Law Offices of LopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-999]
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SANDRA EBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
STEPHEN EBY,
Defendant
CNIL ACTION - LAW
No.: 2004-1800
: IN DNORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
23. 2004.
2. The marriage of plaintiff and defendant is irretrievabl y broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verify that the statements made in this affidavit are true: and correct. I understand that
false statements herein made are subject to the penalties of 18 POl. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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Plaintiff
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SANDRA EBY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
STEPHEN EBY,
Defendant
: CIVIL ACTION - LAW
: No.: 2004-1800
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights conceming 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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SANDRA EBY
Plaintiff
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SANDRA EBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
STEPHEN EBY,
Defendant
CNIL ACTION - LAW
No.: 2004-1800
IN DNORCE
DEFENDANT'S AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
23, 2004.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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SANDRA EBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
STEPHEN EBY,
Defendant
CIVIL ACTION - LAW
No.: 2004-1800
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDID!
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is gnmted.
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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~ day of ,~(l.'I\\tQY''j , 2005, by and
between SANDRA J. EBY, (hereinafter referred to as "WIFE") and STEPHEN L. EBY,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on January 29, 1994, and
separated on or about August 11, 2004; and
WHEREAS, diverse, unhappy differences, disputes an.d difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other, including, but not
limited to the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property, the settling of all claims and possible claims by one
against the other or against their respective estates, and the equ itable distribution of property and
alimony for each party.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carryon and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(1) Is represented by counsel of his or her own choosing, or if not represented by
counsel, understands that he or she has the right to counsel: HUSBAND is
represented by Douglas G. Miller, Esquire of Irwin & McKnight; WIFE is
represented by Megan Malone, Esquire of Lopez Neuharth, LLP;
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(2) Is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilitie!; of the parties;
(3) Is entering into this Agreement voluntarily after receiving the advice of
counselor after choosing not to consult an attorney;
(4) Has given careful and mature thought to the making of this Agreement;
(5) Has carefully read each provision of this Agreement; and
(6) Fully and completely understands each provision of this Agreement, both as
to the subject matter and legal effect of each provision.
This Agreement shall become effective immediately as of the date of execution.
S.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to
the other of all of his or her property interests of any nature, including any mortgage, pledge,
lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each
3
party further represents that he or she has made a full alld fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made .my gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL ESTATE: WIFE has transferred all right, titk and interest which she may have
in that marital property located at 75 Clay Road, Carlisle, Cumberland County, Pennsylvania
17013, and any improvements thereon to HUSBAND and releases all claims which she may
have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any
outstanding payments on any mortgages on said property, as well as all real estate taxes,
insurance, and any maintenance and repair costs, and hold WU'E harmless from any obligations
on said payments and indemnify her if any claim is made against her.
In exchange, HUSBAND has paid WIFE the sum of Twelve Thousand ($12,000.00)
Dollars, receipt of which is hereby acknowledged.
8.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE,
and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or
any other financial support to HUSBAND. The parties thereby waive any rights they have to
receive spousal support, alimony or alimony pendente lite payments from the other either prior to
or following the entry of the Divorce Decree in this matter.
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9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest
which she may have in any personal property of the HUSBAND. HUSBAND likewise waives
any right, title and interest which he has in the personal property of WIFE. Henceforth, each of
the parties shall own, have and enjoy independently of any claim or right of the other party, all
items of personal property of every kind, nature and description and wherever situated, which are
then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power
to HUSBAND or WIFE to dispose of the same as fully and e:ffectually, in all respects and for all
purposes as if he or she were unmarried.
10.
AUTOMOBILES: The parties agree that the automobiles have been divided to the
parties' mutual satisfaction. WIFE hereby waives all right, title and interest any vehicle that
HUSBAND currently owns or any vehicle he may own in the future. HUSBAND shall hold
WIFE harmless for any and all liability associated with the use and purchase of any vehicle he
may own, and shall be solely responsible for all insurance and other financial responsibility
associated with said vehicle.
HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently
owns or any vehicle she may own in the future. WIFE shall hold HUSBAND harmless for any
and all liability associated with the use and purchase of any vehicle she may own, and shall be
solely responsible for all insurance and other financial responsibility associated with said
vehicle.
11.
MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE
shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by
5
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incUlTed any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify
and save HUSBAND harmless from any and all claims or demands made against him by reason
of debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnify the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution
of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall
indemnify and save WIFE harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him. The parties further acknowledge of the existence
of credit cards in their own names for which each party shall be responsible for the payment of
their own credit card or cards and indemnify and hold harmless the other party from said
balances.
12.
INSURANCE AND EMPLOYEE BENEFITS: HUSBAND agrees to transfer to
WIFE all right, title and interest in the Corning Oak Holding, Inc. Section 401(k) Savings Plan,
its successors or assigns, which account has in excess of Forty Thousand ($40,000.00) Dollars.
The parties shall cooperate in executing any and all documents necessary to effectuate the
transfer of this 401(K) Savings Plan to WIFE. The parties authorize their respective legal
counsel to execute the QDRO approved by the administrators of the 401(k) Savings Plan. The
6
parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other
employee benefits, including but not limited to retirement, profit sharing or medical benefits of
either party, shall be their own, and WIFE specifically agrees to waive all right, title and interest
in the CTS Corporation Retirement Savings account in the name of HUSBAND and the Janus
Capital Group account in both names of the parties. WIFE agrees to execute any and all
documentation necessary to confirm the waiver of her interests in said accounts.
13.
BENEFITS. STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title
and interest which she may have in the savings or checking or any other bank accounts of
HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may
have in the savings or checking or any other bank accounts of WIFE. The parties further agree
that WIFE shall waive all right, title and interest in the parties' joint savings and checking
accounts with Members 1st Federal Credit Union, and that WIFE shall waive all right, title and
interest in the savings bonds in the name of HUSBAND.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages IlJr such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall
7
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
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 forc,e and effect to the provisions of this
Agreement.
17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, are fully understood by both
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, and that it is not the result of any dmess or undue influence. It is the
parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall
continue to have independent contractual significance. Each party maintains his or her
contractual remedies or any other remedies provided by law or statute. Those remedies shall
include, but not be limited to, damages resulting from bn:ach of this Agreement, specific
enforcement of this Agreement and remedies pertaining to failure to comply with an order of
court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel
fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in
effect and as amended or hereafter enacted.
18.
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.
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19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees
and costs incurred in the settlement of the divorce and econorr.~c issues surrounding this divorce.
Notwithstanding the above, the parties agree to equally divide responsibility for the filing fees of
the Complaint in Divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have 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, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at [he 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 interests, rights and claims.
9
IN WITNESS WHEREOF, the parties hereunto ho\ve set their hands and seals the day
and year first above written.
WITNESSES:
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COMMON\'VhA~lt1 OF F LVANlA
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COUNTY OF eUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ctO day of d CuvJ.AJ.....l..I ,
2005, a Notary Public, SANDRA J. EBY, known to me (or satisfactorily proven) to be \e
person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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C~ t( (r {(f!p \~ ( I: (0 i 1)(!c::
Notary Public
LUCIlLE OEUAflIPA
Notary Public, Stllte of N_ York
Reg. No. 4837688
QuallfleQ In Putnem County d.. 0 '" I
Comml88lon Expires May 31. ~ v '0
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COMMONWEALTH OF PENNSYL VANIA
SS:
COUNTY OF CUMBERLAND
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PERSONALLY APPEARED BEFORE ME, this diJay of 0
2005, a Notary Public, STEPHEN L. EBY, known to me (or satisfactorily proven)
person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNS :VANIA
Notarial Seal .
Karen S. Noel, Notary l~bhc
Czrli'ioie Boro, Cumbe:rlnnd Coun~
My Commission Ex;pires De(:. 8. 2 07
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SANDRA EBY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
STEPHEN EBY,
Defendant
CIVIL ACTION - LAW
No.: 2004-1800
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:
Code.
I. Ground for Divorce: irretrievable breakdown under Section 3301 (c) and/or (d) of the Divorce
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was
served upon the defendant, Stephen EbyBlack by certified mail, restricted delivery, on or about May 10,
2004. The Affidavit of Service was filed with the Prothontoary on or about February 1,2005.
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 plaintiff: January 20, 2005; by defendant: January 9, 2005
Code:
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce
(b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
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 Section 3301(c) Divorce was filed with the
Prothonotary: February I, 2005
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: February I, 2005
Date: February 8, 2005
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Domestic Relations Order
For the Coming Incorporated Investment Plan
IN THE MATTER OF THE
MARRIAGE OF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
SANDRA J. EBY,
Plaintiff,
No. 2004 - 1800
Civil
AND
STEPHEN L. EBY,
Defendant.
IN DIVORCE
DOMESTIC RELATIONS ORDER
RELATING TO THE ASSIGNMENT OF
DEFENDANT'S ACCOUNT BALANCE UNDER THE
CORNING INCORPORATED INVESTMENT PLAN
The Court finds that STEPHEN L. EBY (the "Participant") has been a participant in the
Corning Incorporated Investment Plan (the "Plan") and has earned all or a portion of his account
balance under the Plan during the period of time that the Participant was married to SANDRA J.
EBY (the "Alternate Payee").
The Court further finds that the Participant's account balance under the Plan should be
assigned and distributed to Alternate Payee in accordance with the terms of this Order.
IT IS ORDERED AND DECREED as follows:
I. As part of the just and right division of the estate of the parties, the Court awards,
assigns, and grants to Alternate Payee an amount equal to One Hundred Percent (100%) of
Participant's entire Account under the Plan as of the Plan valuation date immediately preceding
the date of this Order, adjusted by a pro rata allocation of earnings and losses in accordance with
Plan provisions.
2. As soon as practicable after this Order is determined to be a qualified domestic
relations order by the Account Administrator or Trustee within the meaning of Section 206(d) of
the Employee Retirement Income Security Act of 1974, as amended, and satisfies the
requirements of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"),
the Participant's account shall be assigned and invested in such fashion in an account under the
Plan maintained in the name of and for the benefit of the Alternate Payee. On and after the date
such account is established, the Alternate Payee shall have the same ability to designate the
investment of those amounts as the Participant would otherwise have had with respect to the
account. The account so assigned to the Alternate Payee will share in the gains and losses of the
account in accordance with the terms of the account beginning on the date the Alternate Payee's
account is established until the date of payment of such assigned amounts to the Alternate Payee.
The Alternate Payee shall be entitled to payment of the Plan benefits awarded to her only if the
Account is or becomes vested under the terms of the Plan.
3. To the extent that the Account Administrator or Trustee of the Plan erroneously
pays to the Participant any benefits that are payable to the Alternate Payee under this Order, the
Participant shall be deemed to be a trustee holding the amount of such benefits in a constructive
trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amount to the
Alternate Payee within five days after he receives such amount.
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4. The Participant and the Alternate Payee were married on January 29, 1994, in
Cumberland County, Pennsylvania.
5. The mailing address of the Alternate Payee is 63 Anna Street, Carmel, New Yark,
10512, her birth date is May 10, 1965, and her Social Security number is 089-62-1768.
6. The mailing address of the Participant is 75 Clay Road, Carlisle, Pennsylvania,
17013, his birth date is January 19, 1965, and his Social Security number is 184-48-7731.
7. The Alternate Payee may designate a beneficiary to receive payment of the
Alternate Payee's interest in the Account, if any, upon the Alternate Payee's death. Any such
beneficiary designation shall be made without regard to any designation by the Participant of a
beneficiary with respect to the Participant's prior interest.
8. This Order shall not require the Plan to provide any type or form of benefit, or any
option, not otherwise provided by the Plan; nor require the Plan to provide increased benefits
(determined on the basis of actuarial value).
9. This Order does not require the Plan to provide benefits to Alternate Payee tbat
are required to be paid to another Alternate Payee under another order previously determined to
be a qualified domestic relations order.
The Court retains jurisdiction to modify the portion of this Order relating to the
assignment of the Participant's account balance under the Plan for the purpose of ensuring
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its status as a qualified domestic relations order within the meaning of Section 4l4(p) of the
Code and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended.
SIGNED this fA day Of~, :J6b(.
J.
APPROVED AS TO SUBSTANCE
AND FORM:
flifjf1 ,!idt:/V
~g alone, Esquire,
Attorney for Plaintiff
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o~o~ -05
I
. Miller, Esquire,
or Defendant
DOCS\FAMIL Y\QDRO\Eby - 40 I (k) PLAN
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IN THE COURT OF COMMON PLEAS
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OFCUMBERLANDCOUNTY
PENNA.
STATE OF
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SANDRA EBY,
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No.
2004-1800
Plaintiff
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VERSUS
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STEPHEN EBY,
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Defendant
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DECREE IN
DIVORCE
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, J~' IT IS ORDERED AND
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AND NOW,
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DECREED THAT SANDRA EBY
, PLAINTIFF,
AND STEPHEN EBY
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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The Marriage Settlement Agreement dated January 20, 2005, and signed by
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the parties is hereby incorporated into this decree but not merged.
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